Agenda packet — San Carlos City Council, November 27, 2023 (part 2 of 3)

C. The ordinance amendment is consistent with the purpose of the zoning 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.

POLICY LU-9.1 Maintain and enhance neighborhoods to be safe and attractive.

POLICY EM-6.2 Support and encourage commercial uses to adopt environmentally friendly technologies and reduce the release of pollutants.

POLICY EM-6.5 Consider potential impacts from land uses that may emit pollution and/or odors when locating air pollution sources near sensitive receptors. Air pollution sources could include freeways, industrial uses, hazardous materials storage, waste disposal/transfer stations and other simi- lar uses.

POLICY NOI-1.2 Minimize noise impacts on noise- sensitive land uses. Noise- sensitive land uses include residential uses, retirement homes, hotel/motels, schools, libraries, community centers, places of public assembly, daycare facilities, churches and hospitals.

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Basis for Finding: The proposed amendments include provisions for compliance with the ALUCP that includes elements on Noise, Safety, and Airspace Protection including Disclosures and Overflight Notification that promotes development that is sensitive to its location in the the environs of the San Carlos Airport and protects the health, safety, peace and general welfare of the public.

2. Adoption
A. The Planning and Transportation Commission recommends that the City Council adopt the Zoning Ordinance amendments as set forth in Exhibit A.

Passed and adopted as Resolution of the Planning and Transportation Commission of the City of San Carlos at a regular meeting thereof held on the 6" day of November, 2023, by the following vote:

AYES, PLANNING COMMISSIONMEMBERS: Castaneda, Garvey, Roof, Clements, lacoponi NOES, PLANNING COMMISSIONMEMBERS: None
ABSENT, PLANNING COMMISSION MEMBERS: None
the Planning of the City of San Carlos
ATTEST:

Liip—— PLANNING ANHGER of the City of San Carlos

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EXHIBIT A
AMENDMENTS TO TITLE 18 ZONING
A. Proposed amendments to the City of San Carlos Zoning Ordinance Sections

18.15 — General Site Regulations, 18.21 — Performance Standards, And 18.28 — Zoning Clearance

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1 PROPOSED AMENDMENTS TO THE CITY OF SAN CARLOS ZONING ORDINANCE VERSION: OCTOBER 20, 2023

18.15 GENERAL SITE REGULATIONS
Amendments to 18.15 (Establish Section 18.15.140)

18.15.140 Airport Land Use Compatibility Plan Consistency. Where required, conformance with applicable Airport Land Use Compatibility Plan standards, as described in Section

18.21.150 Airport Land Use Compatibility Plan Consistency is required.

18.21 PERFORMANCE STANDARDS
Amendments to 18.21.050

18.21.050: Noise:

C. Acoustic Study. The Director may require an acoustic study for any proposed project that could cause any of the following:

1. Locate new residential uses within the fifty-five CNEL impact area of the San Carlos Airport;

1. Create an inconsistency with the noise requirements of the San Carlos Airport as defined in Section 18.21.150 Airport Land Use Compatibility Plan Consistency; a. Where applicable, noise attenuation measures may be required.

2. Cause noise levels to exceed the limits in Table 18.21.050-A;

3. Create a noise exposure that would require an acoustic study and noise attenuation measures listed in Table 18.21.050-B, Noise Exposure—Land Use Requirements and Limitations; or

4. Cause the Ldn at noise-sensitive uses to increase three dBA or more.

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PROPOSED AMENDMENTS TO THE CITY OF SAN CARLOS ZONING ORDINANCE FOR ALUC REVIEW Version October 20, 2023

2 F. Airport Land Use Compatibility Plan Consistency. Where required, conformance with applicable Airport Land Use Compatibility Plan standards, as described in Section 18.21.150 Airport Land Use Compatibility Plan Consistency, is required.

Amendments to 18.21.150

18.21.150 Airspace protection.

The following applies within airport influence area (AIA) B as adopted by the San Mateo County Airport Land Use Commission and subsequent revisions thereto, for the environs of San Carlos Airport.

A. Federal Airspace Protection Surfaces. Maximum height of structures shall not penetrate the civil airport imaginary surfaces as defined by the Federal Aviation Administration in (FAA) Title 14 CFR Part 77, Surfaces.

B. Flight Hazards. Proposed land use actions that include land uses that may cause visual, electronic, or wildlife hazards may be permitted only if the uses are consistent with FAA rules and regulations. Proof of consistency with FAA rules and regulations must be provided to the Airport Land Use Commission by the sponsor of the proposed land use action. Specific characteristics that may create hazards to aircraft in flight and which shall be prohibited include:

1. Sources of glare, such as highly reflective buildings or building features, or bright light, including searchlights or laser displays, which would interfere with the vision of pilots;

2. Distracting lights that could be mistaken for airport identification lighting, runway edge lighting, runway end identification lighting, or runway approach lighting;

3. Sources of dust, smoke, water vapor, or steam that may impair visibility;

4. Sources of electrical interference with aircraft communications or navigation equipment;

5. Any use that creates an increased attraction for wildlife, particularly large flocks of birds, that is inconsistent with FAA rules and regulations. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.21.150 San Carlos Airport Land Use Compatibility Plan Consistency.

This section establishes standards and requirements related to consistency within the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (ALUCP). The ALUCP outlines the following requirements and criteria for proposed development projects, alterations, or change of use that are subject to the ALUCP:

A. Safety Compatibility Evaluation. All proposed development projects, alterations, or change of use subject to the ALUCP will be reviewed for consistency with the County of San Mateo’s Safety Compatibility Policies of the ALUCP. Project applicants shall be required to evaluate

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PROPOSED AMENDMENTS TO THE CITY OF SAN CARLOS ZONING ORDINANCE FOR ALUC REVIEW Version October 20, 2023

3 potential safety issues if the property is located within any of the Safety Compatibility Zones established in the ALUCP.

B. Airspace Protection Evaluation. All proposed development projects, alterations, or change of use subject to the ALUCP will be reviewed for consistency with Airspace Protection Policies of the ALUCP. These include Notice of Proposed Construction or Alteration, Maximum Compatible Building Height and Other Flight Hazards and avigation easement requirements of San Carlos ALUCP Airspace Protection Policy 7.

C. Airport Noise Evaluation and Mitigation. All proposed development projects, alterations, or change of use subject to the ALUCP will be reviewed for consistency with the noise policies of the ALUCP, including the avigation easement requirements of San Carlos ALUCP Noise Policy

7. Uses listed as “conditionally compatible” in the ALUCP will be required to mitigate impacts to comply with the interior noise standards established in the ALUCP or General Plan, whichever is more restrictive.

D. Airport Real Estate Disclosure Notices. Proximity to the airport could affect allowable development and uses. All proposed developments, alteration, or change of use that are subject to the ALUCP are required to comply with the real estate disclosure requirements of State law (California Business and Professions Code Section 11010(b)(13)). The following statement by the seller must be included in the notice of intention to offer the property for sale or lease:
“Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.” E. Overflight Notification Requirement. All new residential development projects, other than additions and accessory dwelling units (ADUs), within Overflight Notification Zone 2 shall incorporate a recorded overflight notification requirement as a condition of approval in order to provide a permanent form of overflight notification to all future property owners, consistent with ALUCP Overflight Policies.

F. Federal Aviation Administration (FAA) Requirements. Proof of consistency with FAA rules and regulations must be provided through one of the following ways:

1. A Federal Aviation Administration Review Not Required Form must be signed prior to issuance of building permit.

2. Receive a determination of No Hazard by the FAA after submittal of FAA Form 7460-1 Notice of Proposed Construction. Instructions and additional information on Form 7460 can found within the ALUCP and on the FAA’s Website.

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PROPOSED AMENDMENTS TO THE CITY OF SAN CARLOS ZONING ORDINANCE FOR ALUC REVIEW Version October 20, 2023

4 G. Local Agency Override of an Airport Land Use Commission Determination. A process under which the City Council may overrule certain Airport Land Use Commission determinations under certain circumstances is established in Sections 21675.1(d), 21676(b) and 21676(c) of the Public Utilities Code and outlined in the ALUCP.

H. Required Disclosures. In the event of local override action of an Airport Land Use Commission determination, disclosures may be required from property owners as a condition of approval for any use listed as conditional in the ALUCP Noise or Safety Compatibility Zone that corresponds with the site of the proposed project, including childcare, congregate care facilities, etc. Property owners are encouraged to provide appropriate notices to their tenants.

18.28 ZONING CLEARANCE
Amendments to 18.28.030

18.28.030 Review and decision. Before the City may issue any business license, building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A. Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 18.27.020, Application forms and fees. The Director may request that the zoning clearance application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable use permit or variance approval.

B. Determination. If the Director determines that the proposed use or building is allowed as a matter of right by this title, and conforms to all the applicable development and use standards, the Director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this title.

C. Airport Land Use Compatibility Plan Consistency. When applicable, zoning clearance for any proposed development, alteration or change of use that is subject to the ALUCP shall include an applicability determination of Section 18.21.150 Airport Land Use Compatibility Plan Consistency. Where required, the applicant shall seek a consistency determination with Section

18.21.150.

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PROPOSED AMENDMENTS TO THE CITY OF SAN CARLOS ZONING ORDINANCE FOR ALUC REVIEW Version October 20, 2023

5 CD Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or zoning regulations. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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RESOLUTION 23-90

RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY/COUNTY ASSOCIATION OF

GOVERNMENTS OF SAN MATEO COUNTY, ACTING AS THE SAN MATEO COUNTY AIRPORT

LAND USE COMMISSION, DETERMINING THAT THE SAN CARLOS ZONING ORDINANCE

UPDATE IS CONDITIONALLY CONSISTENT WITH THE COMPREHENSIVE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE ENVIRONS OF SAN CARLOS AIRPORT.

RESOLVED, by the Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG), in its capacity as the San Mateo County Airport Land Use Commission, that,

WHEREAS, in accordance with the requirements of California Public Utilities Code Section 21676(b) a local agency General Plan, Zoning Ordinance and/or any affected specific plan must be consistent with the applicable airport/land use criteria in the relevant adopted Airport Land Use Compatibility Plan; and

WHEREAS, San Carlos has referred its Zoning Ordinance update to C/CAG, acting as the Airport Land Use Commission, for a determination of consistency with relevant airport / land use compatibility criteria in the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (San Carlos ALUCP); and

WHEREAS, to ensure compatibility, Zoning Ordinance amendments must describe the ALUCP compatibility criteria to be applied to development applications (noise, safety, structure heights, other flight hazards, and overflight notification requirements) and describe how San Carlos will ensure compliance with these requirements during review and approval of development projects; and

WHEREAS, the Zoning Ordinance includes a new section entitled “Airport Land Use Compatibility Plan Consistency”, which outlines the requirements associated with each of the ALUCP policy areas: (a) noise compatibility, (b) safety compatibility, (c) airspace protection, and (d) overflight compatibility, as discussed below:

(a) Noise Compatibility - The Zoning Ordinance amendments establish a section requiring all development projects, alterations, or change of use subject to the ALUCP to be reviewed for consistency with the noise policies of the ALUCP. Subject to minor modifications, as outlined in Exhibit A to this resolution, the Zoning Ordinance would ensure compliance with the Noise Compatibility policies of the San Carlos ALUCP.

(b) Safety Compatibility – The proposed amendments stipulate that all proposed development projects, alterations, or change of use subject to the ALUCP will be reviewed for consistency with the Safety Compatibility Policies of the ALUCP. Project applicants will be required to evaluate potential safety issues if a property is located within any of the Safety Compatibility Zones established in the ALUCP, which will be verified by staff as part of the development review process. Implementation of this amendment will ensure compliance with the Safety Compatibility policies of the ALUCP.

(c) Airspace Protection - The San Carlos ALUCP airspace policies establish maximum heights for the compatibility of new structures; stipulate the need for compliance with

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federal regulations requiring notification of the FAA of certain proposed construction or alterations of structures; and provide for review of projects for certain land use characteristics that might pose a hazard to air navigation (Other Flight Hazards). The Zoning Ordinance amendments require all proposed development projects, alterations, or change of use subject to the ALUCP to be reviewed for consistency with the Airspace Protection Policies of the ALUCP. For improved clarity, a condition is included in Exhibit A to ensure that associated language regarding avigation easements is accurately reflected.

Subject to the recommended condition, implementation of these zoning provisions will ensure future projects will be compatible with the Airspace Protection Policies of the San Carlos ALUCP.
(d) Overflight Compatibility - The San Carlos ALUCP contains two policies regarding overflight compatibility which are generally “buyer awareness” measures focused on informing prospective buyers and/or tenants of property within the vicinity of an airport about the airport’s impact on the property. The Zoning Ordinance amendments reflect both of these policies and are therefore determined compatible with the Overflight Compatibility policies of the San Carlos ALUCP.

NOW THEREFORE BE IT RESOLVED, by the Board of Directors of the City/County Association of Governments for San Mateo County, acting as the San Mateo County Airport Land Use Commission, that subject to the conditions contained in Exhibit A, attached, the San Carlos Zoning Ordinance update is consistent with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (San Carlos ALUCP).

PASSED, APPROVED, AND ADOPTED, THIS 12TH DAY OF OCTOBER 2023.

Davina Hurt, Chair

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EXHIBIT A

Resolution 23-90– Conditions of Consistency Determination:

Prior to adoption, the San Carlos Zoning Ordinance shall be amended to incorporate the following revisions:

1. Amend Section 18.21.150 C. Airport Noise Evaluation and Mitigation to reference the avigation easement requirements of San Carlos ALUCP Noise Policy 7.

2. Delete Section 18.21.150 F. Avigation Easements, as the referenced ALUCP Overflight Policy has been updated and is no longer relevant.

3. Amend Section 18.21.150 B. Airspace Protection Evaluation to reference the avigation easement requirements of San Carlos ALUCP Airspace Protection Policy 7.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: November 27, 2023
ITEM TITLE: Consideration of Actions for the Indigo Hotel Project at 501 Industrial Road: i. Adopt a Resolution Certifying the Final Environmental Impact Report, Adopting the California Environmental Quality Act Findings of Fact, and Approving the Associated Mitigation Monitoring and Reporting Program; ii. Introduce an Ordinance Amending the Zoning Map to Change the Zoning of the Site from LC- Landmark Commercial Zoning District to PD-Planned Development Zoning District and Approving the Associated Planned Development Plan; and iii. Introduce an Ordinance Approving a Development Agreement with Holly Hotel Group, LLC.

RECOMMENDATION:

The Planning and Transportation Commission and staff recommend that the City Council take the following actions for the Indigo Hotel Project at 501 Industrial Road:
i. Adopt a Resolution certifying the Final Environmental Impact Report, adopting the CEQA Findings of Fact, and approving the associated Mitigation Monitoring and Reporting Program; and
ii. Introduce an Ordinance Amending the Zoning Map to change the site from LC-Landmark Commercial Zoning District to PD-Planned Development Zoning District and Approving the associated Planned Development Plan; and
iii. Introduce an Ordinance approving a Development Agreement with Holly Hotel Group, LLC.

FISCAL IMPLICATIONS:

The applicant, Holly Hotel Group, LLC, (“Applicant”), has paid the appropriate application fees and provided deposit funds to pay for the expenses related to the environmental review and other reports and analyses associated with the proposed project at 501 Industrial Road (“Project”). The Project will be required to pay building permit fees and City impact fees. City impact fees total $12.9 million and include commercial linkage (affordable housing), childcare, sewer, and traffic fees.

The proposed hotel development will also benefit the City with increased property tax, increased sales tax revenue, and the creation of new jobs. The hotel is expected to generate over $3.1 million in net new annual tax revenue to the City. This includes transient occupancy tax, additional sales, and property tax revenue.

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BACKGROUND:

The Property and Applicant: The property is located at 501 Industrial Road and identified as Assessor Parcel Number 046-090-410 (“Property”). The Applicant submitted an application for a Zoning Map Amendment, Planned Development Plan, a Development Agreement, Design Review, and Transportation Demand Management Plan.

Process: The Planning and Transportation Commission, at its November 6, 2023 meeting, conducted a public hearing and (1) adopted Resolution PTC 2023-18, recommending that the City Council certify the Final Environmental Impact Report and associated Mitigation Monitoring and Reporting Program, (2) adopted Resolution PTC2023-19, recommending the City Council adopt the Ordinance to zone the site Planned Development (PD) Zoning and approve the associated Planned Development Plan, and (3) adopted Resolution PTC2023-20 recommending the City Council adopt the Ordinance approving the Development Agreement. The Planning and Transportation Commission also approved the Design Review and Transportation Demand Management Plan, subject to the approval of the Planned Development Zoning.

The items for consideration by the City Council are the Final Environmental Impact Report, Planned Development Zoning, Planned Development Plan, and the Development Agreement.

Existing Conditions: The 2.06 acre site, located at the southeast corner of Industrial Road and Holly Street is currently vacant and undeveloped. The last use of the site was Bayshore Supply, which has relocated to 1060 Brittan Avenue.

The project site is bounded by US-101 to the east, a hotel and commercial recreation to the south, single-family residential and service stations to the west, and a fast-food restaurant and life- science buildings to the north.

The project site is zoned Landmark Commercial, which accommodates key parcels known collectively as landmark sites, which are targeted for economic development of regional retail and destination-oriented uses, including large-scale office complexes and hotels as individual or combined uses, that are intended to serve regional users and have significant beneficial results in employment growth and contribute to the economic sustainability of the City and implementation of the City’s Economic Development Plan.

PROJECT DESCRIPTION
Building: The Applicant proposes to construct a 118,884 square feet (sf) 188-room hotel, with meeting spaces, landscaping, a restaurant, and 148 at-grade parking spaces. The hotel would be composed of two wings with a central lobby and restaurant. The building wing primarily along Holly Street would be six stories and 74’-4” to the parapet and 81’-8” to the top of the roof tower.

The roof tower would serve two purposes; one as an architectural feature and the other to act as an awning for solar panels. The building wing primarily fronting Industrial Road would be four stories and 43’-7” to the top of the parapet. Onsite amenities include a 850 square feet indoor bar space and 2,200 square feet of indoor restaurant space with an outdoor courtyard to accommodate additional diners. Meeting space includes a 2,400 square feet ballroom space and a 950 square feet meeting/board room space.

Site Plan and Landscaping: The site would be accessed from Industrial Road with left turns into the sight for southbound traffic, and right turns into the site for northbound traffic. Left turns out of

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the site would be prohibited. The primary hotel entrance is oriented to Industrial Road, and the building would be surrounded on all sides by parking and landscaping.

The project site is within the Gateway Overlay District which seeks to foster the creation of aesthetically pleasing gateways by which people can orient themselves and have a sense of arrival to the City of San Carlos. For areas east of Industrial Road, development standards require projects to provide low growing landscaping up to a maximum of three feet with a horizontal dimension of twenty feet. To accomplish this, the Project would install a curved concrete wall with stone veneer pilaster, low accent plants, and a backdrop hedge (Figure 1). The depth of the Gateway landscaping is 20’ and at its widest point is 64’.

Figure 1 – Gateway Landscaping
Figure 2 – Courtyard Renderings
The lobby and second floor meeting spaces are directly oriented towards the landscaped courtyard which would be open to hotel guests and include vertical green walls (Figure 2).

The landscape plan includes street trees, pathway trees for a City-proposed bike path that would occur with future Holly Street overpass improvements, and stormwater treatment areas. The San Carlos Municipal Code (SCMC) requires one tree for every 2,000 sf of lot coverage. The Project site has 72,544 sf of lot coverage which would require 37 trees. Overall, the project would include 49 trees and palms including the nine street trees which are proposed as Scarlet Oak trees.

SCMC requires a minimum of 15% percent of the site (13,460 sf) be landscaped for commercial zoning districts. The project would include 11,288 sf of landscaping achieving 12.6% of landscaped area (Figure 3).

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Figure 3 – Landscaping Plan
Figure 4 – Rendering of project from Holly Street and US 101

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Figure 5 – Rendering of project from Holly Street and Industrial Road Signage: As part of the Planned Development request, the Applicant seeks to increase the total square footage of allowed signage from 150 square feet to 260 square feet and to allow for rooftop signage which is prohibited by SCMC. The Applicant requests that rooftop signage be allowed because their hotel franchisor (Hotel Indigo) requires their hotels to include their franchise name on the rooftop. While the project would include rooftop signage, the Applicant’s design team has sought to minimize how the signage may standout by including a metal awning on the roof to provide the appearance of another level, and has also placed part of the sign on the top floor instead of the entire sign being on the rooftop (Figure 6).

Figure 6 – Rooftop Signage
Parking Vehicles and Bicycles: San Carlos Municipal Code requires one parking space for each sleeping unit, plus two spaces adjacent to the registration office. The project would include a restaurant, but the restaurant is designed to serve the hotel and is less than 75 sf in area. Based on these standards, 190 spaces are required. In accordance with SCMC Section 18.20.050, the number of parking spaces shall be reduced by 20% with a Transportation Demand Management (TDM) plan. The Applicant prepared a TDM plan which reduced the parking requirement to 153 Spaces. Additionally, the Applicant prepared a Parking Demand study to support a request to further reduce the parking spaces to 148, resulting in a ratio of 0.8 parking spaces per hotel room.

The neighboring Residence Inn Hotel was approved at a ratio of 0.8 parking spaces per hotel room.

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The Parking Demand study observed a nearby hotel and calculated its parking ratio to be 36% lower than the City-required parking requirement for a hotel. The Demand Study also indicated the hotel’s proximity to the San Carlos Caltrain Station and downtown San Carlos and the use of car shares would support reduced parking demand. The project’s 148 spaces is above the 122 spaces calculated using the Parking Demand study ratio.

San Carlos Municipal Code requires the number of short-term bicycle parking spaces to be at least 10% of the number of required parking spaces, or 19 bicycle spaces. The required number of long-term bicycle spaces is one per 20 vehicle spaces or 10 bicycle spaces. The Project proposes 20 short-term and 12 long-term bicycle spaces.

Community Benefits: The community benefits offered by the developer include: (1) waiving rental fees for local non-profit and community organizations’ use of the meetings rooms on-site for a period of 15 years after the certificate of occupancy is issued, (2) the transient occupancy tax revenue that the hotel will generate, (3) a promise to require its contractors to designate the Property as the place of use of material used in the construction of the Project in order to have the local portion of the sales and use tax distributed directly to City instead of through countywide pool, and (4) a promise not to operate the hotel as an extended stay hotel for 25 years after the final certificate of occupancy is issued. The developer offers to waive the rental fee for local non- profit and community organizations for each meeting room for a total of two times per month for a maximum of 12 hours per month. Non-profit and community organizations will still be responsible for the cost of any food and beverages used during use of the meeting room. Each individual non-profit and community organization can only use each space three (3) times per year, unless the developer allows additional use at its sole discretion. The meeting room space consists of 2,400 square feet ballroom space and a 950 square feet meeting/boardroom space.

The Community Benefits are included in the Development Agreement. The developer is requesting an 8-year term on the Development Agreement, vesting City laws and impact fee provisions. The Development Agreement provides that the Developer will not be required to pay new impact fees. The amounts shown below may only increase based on escalation provisions in effect on the Effective Date of the Development Agreement. The final impact fee amount will be determined at Building Permit submittal. Based on the proposed plans, the fees are estimated as follows:

Commercial Linkage fee (for affordable housing) $1,188,940 Child Care Fee $190,230
Sewer fees (connection and capacity) $2,197,062
Traffic impact fee $825,320
Total City Impact Fees $4,401,552
Other Reviewing Agencies: The C/CAG Board acting as the San Mateo County Airport Land Use Commission, at its October 12, 2023 meeting, determined that the project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for the San Carlos Airport. The applicant received clearance from the Federal Aviation Administration (FAA). The FAA determined that the Project would not exceed obstruction standards and would not be a hazard to air navigation. The applicant is required to file additional information with the FAA within five days of the construction reaches its greatest height.

The site is also under the oversight of the Bay Regional Water Quality Control Board (RWQB) for soil and groundwater contamination. The Board staff determined that a cleanup case will not be

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opened. The Applicant is required to implement the Soil and Groundwater management Plan and notify RWQB is any contaminated soil or groundwater is encountered during grading or other subsurface work. City staff provided the submitted documentation to San Mateo County Environmental Health and they concurred with the RWQB determinations.

ENVIRONMENTAL REVIEW
The City is the lead agency for all California Environmental Quality Act (CEQA) activities and is responsible for preparation of all studies/documents associated with environmental review of the Project. The City published the Notice of Preparation Review Period for an Environmental Impact Report (EIR) for the Project on January 8, 2022, which closed on February 3, 2022. The 45-day review period for the Draft Environmental Impact Report (DEIR) began August 11, 2023 and closed on September 25, 2023. The Planning and Transportation Commission held a Public Hearing on August 21, 2023 to receive comments on the DEIR.

Based on the analyses, the DEIR concluded that with mitigation, all potentially significant environmental impacts would be reduced to a less-than-significant level. Potential impacts involve Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, Transportation, and Tribal Cultural Resources.

Following, the closure of the DEIR review period a Final Environmental Impact Report (FEIR) was prepared to provide an assessment of the potential environmental consequences of approving and implementing the proposed 501 Industrial Road-Hotel Indigo project. The FEIR includes corrections and clarifications to the text and analysis of the DEIR, where warranted, and a response to comments received on the DEIR.

Comments: A list of commenters and responses to comments is included in Chapter 5 of the Final EIR (Attachment 1, Exhibit A). Comment letters received were from the California Department of Transportation (Caltrans), the project Applicant, Debbie and Garry Baldocchi, and Chao Wu. Comments were also received from Planning and Transportation Commissioners and members of the public. The Applicant’s comments primarily covered minor changes or updates to the project or included additional information. Other comments expressed concern over ingress and egress for the allowed occupancy, noise impacts, height relative to aircraft flight paths, trees and tree growth, effect of the raised property level to neighboring sewage systems, and safety of rooftop solar panels. The Response to Comments Matrix includes text revisions and identifies where comments were addressed in the DEIR or how concerns related to aircraft safety and building height were addressed through San Mateo County Airport Land Use Commission Review and Federal Aviation Administration clearance. None of the revisions constitute significant new information regarding the project description, environmental and regulatory setting, conclusions of the environmental analysis, or the mitigation measures or requirements incorporated into the project to mitigate impacts, or otherwise provide significant new information or disclose a new impact requiring additional mitigation that would require recirculation of the Initial Study pursuant to CEQA Guidelines section 15073.5.

Transportation Impact Analysis: A complete Transportation Impact Analysis (TIA) has been completed to determine if there are any safety issues under CEQA, or if there are non-CEQA impacts that should be addressed. The analysis concludes that there will be no new significant impacts to intersections as a result of the Project. Some of the study intersections are operating at levels considered unacceptable and/or are projected to operate at unacceptable levels under cumulative conditions; however, the contribution of the proposed Project traffic to these intersections would not be significant per the City General Plan standards and C/CAG standards.

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The Applicant will be required to pay the Transportation Impact Fee that will be utilized by the City for traffic improvements and participate in a Transportation Management Association (TMA) when formed.

ANALYSIS:

Consistency with the General Plan: The subject site has General Plan land use designation of General Commercial Industrial allows all retail, service, office, research and development and industrial uses. This designation offers maximum flexibility to allow the market to determine the mixture of non-residential uses. The project is consistent with the General Plan policy to encourage development of the Landmark sites at the intersection of Industrial Road and Holly Street, new commercial development to expand the City’s tax base and of high-quality design.

The Project is also consistent with principals from the East Side Innovation District Vision Plan, including the following:
•Establish Industrial Road as a green boulevard
•Prioritize activity hubs, incorporate a mix of community serving uses •Place buildings 26 feet from edge of curb to provide sidewalk, bicycle facilities, landscaping and buffers
•New buildings should enhance the character of the street and embody a superior quality of architecture and urban design
Planned Development Zoning District and Planned Development Plan: The Developer has requested rezoning the subject site from Landmark Commercial (LC) to Planned Development (PD) Zoning District in accordance with SCMC Chapters 18.10, Planned Development District, and 18.36, Planned Development. The rezoning requires City Council approval, and the Planning and Transportation Commission is the recommending body for the action.

The proposed project complies with all development standards and supplemental regulations of the LC Zoning District, except for height, signage, location of parking, required parking and landscaping. The project complies with setbacks, floor area ratio, building entrance orientation, public improvements, trees and building articulation. The applicant is requesting the following Planned Development zoning standard adjustments:

1. Height: Exceed the maximum height of 50’ allowed in the LC District. The zoning code also allows for decorative features such as towers to be 10 percent of roof area and elevator or stair towers setback one foot for every foot of projection above the height limit.

The applicant proposes a maximum height 74’-4” to the top of the parapet and 81’-8” to the top of the roof tower. The decorative tower would be 7 feet above the parapet and the stair and elevator towers are not setback. The maximum building height for the west wing along Industrial Road is 43’-7” to the top of the parapet. For comparison purposes, the building at 405 Industrial Road was approved at a height of 86’-10” to the top of the parapet and 90’-10” to the top of roof equipment screen.

2. Signage: Allow 260 square feet of signage and allow rooftop signage. Individual tenant occupancy signage is limited to 150 square feet and rooftop signage is prohibited.

3. Parking Location: Allow parking to be located within 40’ of a street-facing property line.

The LC development standards prohibit parking within 40 feet of a street-facing property

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line. The site plan includes parking 29’ from the property line with sufficient area for landscape screening. Landscape screening will be added along with a low wall to ensure light from headlights will be blocked from neighboring residential views.

4. Required Parking: Permit 148 on-site parking spaces. The parking reduction is supported by the TDM Plan and Parking Demand study.

5. Landscaping: Allow 12.5% of the site to include landscaping. The standard landscaping requirement for the site is 15%.

In considering whether to recommend the Planned Development Zoning designation and Planned Development Plan, the City Council must consider the findings as outlined in Exhibit C to the Planned Development Ordinance.

Development Agreement: A Development Agreement is proposed with the project as provided for in State law and Municipal Code Chapter 18.37. The Development Agreement (included as Attachment 2 to Attachment 3) outlines a project description including community benefits and developer (applicant) obligations. The applicant offers community groups and non-profit use of meeting rooms at no cost for a period of 15 years as its community benefit. The Development Agreement is consistent with the General Plan and the General Plan policies to prioritize uses for in-kind benefits and to support community events, volunteers and non-profits as well as the General Plan action item to encourage new commercial developments to incorporate accessible spaces and other desired public amenities.

PUBLIC OUTREACH
The applicant conducted the following outreach to review the proposed project:
•Formal Zoom meeting with Greater East San Carlos (GESC) Residents Group - February 23, 2022.
•Ongoing engagement. Provided updates to neighboring community on agency approvals throughout 2021, 2022, 2023.
•Provided updates to community in July and August 2023 on latest design changes based on Draft EIR.

Public comments received at the Planning and Transportation Commission were from two nearby residents, one expressing concern with traffic and the other expressing concern with flooding impacts resulting from increased grade at this site. A comment letter from the GESC Board was received on November 15, 2023 (Attachment 6) expressing concern with anticipated increases in traffic.

The submitted Transportation Demand Management Plan submitted by the applicant was reviewed by the City’s CEQA traffic consultant, W-Trans and found to meet the City’s code requirements of 20% trip reduction with implementation of the measures. The W-Trans also completed the CEQA required transportation analysis which includes Vehicle Miles Traveled (VMT) and safety. In addition, W-Trans completed a non-CEQA Traffic Operations Analysis (Attachment 7) for the Project, including an analysis of cumulative projects either proposed or approved in the area. All the study intersections are expected to operate at acceptable levels of service and the project would not have any unaddressed adverse effects on traffic operations.

The applicant is required to pay a Traffic Impact Fee.

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The Applicant also submitted a Flood Impact Analysis that was reviewed by the City’s consultant and City Engineer. That study found that the project would not create any additional flood risk to the neighboring or downstream properties.

The required public notice was mailed to all property owners within 300’ of the sites on November 16, 2023, and the notice was published in the newspaper on November 16, 2023.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Take the following actions for the hotel development project at 501 Industrial Road:
a. Adopt a Resolution certifying the Final Environmental Impact Report, adopting the CEQA Findings of Fact and approving the Mitigation Monitoring and Reporting Plan; and
b. Introduce an Ordinance amending the Zoning Map to change the site from LC- Landmark Commercial Zoning District to PD-Planned Development Zoning District and approving the associated Planned Development Plan; and c. Introduce an Ordinance approving a Development Agreement with Holly Hotel Group, LLC; or

2. Do not adopt the proposed Resolution nor introduce the proposed two Ordinances; 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 certifying the Final Environmental Impact Report and approving the Mitigation Monitoring and Reporting Plan
Exhibit A to Resolution - Final EIR and Response to Comments Exhibit B to Resolution - MMRP
Exhibit C to Resolution - Findings of Fact

2. Ordinance Rezoning the Site to Planned Development and Approving the Planned Development Plan with Exhibit A - Zoning Map

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Exhibit B to Ordinance - Planned Development Plan
Exhibit C to Ordinance - PD Findings

3. Ordinance Approving the Development Agreement with Exhibit A – DA Findings Exhibit B to Ordinance - Development Agreement

4. Code Compliance Certificate for the Design Review and Transportation Demand Management Plan

5. Public Notice

6. GESC Comment Letter to City

7. Traffic Operations Analysis

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RESOLUTION NO. 2023 – ____

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

CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING THE CEQA

FINDINGS OF FACT AND APPROVING THE ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 501 INDUSTRIAL ROAD HOTEL PROJECT.

WHEREAS, Holly Hotel Group, LLC proposes to develop a new 188-room Hotel building at 118,884 square feet with a six story wing and a four story wing ("Project") on an approximately

2.06 acre site at 501 Industrial Road (Assessor's Parcel Number: 046-090-410); and WHEREAS, the City issued a Notice of Preparation (NOP) for the 501 Industrial Road Hotel Project Environmental Impact Report (EIR) to receive comments on the scope of the EIR from January 8, 2022 through February 3, 2022; and
WHEREAS, the City determined that the Project required preparation of an EIR, pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; hereafter, CEQA), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, Sections 15000 et seq. of the California Code of Regulations hereafter, CEQA Guidelines), and the City prepared an EIR to evaluate the potential environmental impacts associated with the Project, pursuant to the requirements of the CEQA and the CEQA Guidelines; and
WHEREAS, the Draft EIR was published and circulated for public review and comment beginning on August 11, 2023 through September 25, 2023. The Draft EIR was filed with the State Office of Planning & Research under State Clearinghouse No. 2022010033; and WHEREAS, on August 21, 2023, the Planning and Transportation Commission held a duly noticed public hearing to receive public comments on the Draft EIR; and WHEREAS, the City prepared written responses to the comments received during the public review and comment period and included these responses in Chapter 5, Responses to Comments, of the Final EIR, which, together with the Draft EIR, constitutes the Final EIR, and also prepared a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the requirements of CEQA and the CEQA Guidelines; and
WHEREAS, by Resolution PTC2023-18, adopted on November 6, 2023, the Planning and Transportation Commission recommends the City Council certify the Final EIR and approve the Mitigation Monitoring and Reporting Plan pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the City mailed the public hearing notice for the project on November 16, 2023 to property owners and occupants within a 300-foot radius of the project site, published the public hearing notice in the San Mateo Daily Journal on November 16, 2023 and made reference to the fact that the Final EIR was available for public review; and WHEREAS, the City Council conducted a public hearing on November 27, 2023 and reviewed all evidence presented both orally and in writing and considered in light of public comments and testimony the information in the EIR, for adequacy, completeness and compliance with CEQA and State CEQA Guidelines.

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NOW THEREFORE BE IT RESOLVED that the City Council make the following findings to certify the Final EIR:

Section 1. The City Council, having independently heard, considered, and weighed all the evidence in the record, finds that the above recitals are accurate and constitute findings in this matter and, together with the staff report and the application materials, including without limitation the Final EIR, project plans, and all other documents, reports, studies, memoranda, maps, oral and written testimony, and materials in the City’s file for the applications and the project, and all adopted City planning documents relating to the project and the property including the City’s General Plan, Municipal Code, Zoning Ordinance, and other applicable City laws and regulations, and all associated approved and certified environmental documents, have together served as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution and are hereby incorporated by reference.

Section 2. CEQA. The City Council, having fully reviewed, considered, and evaluated all of the testimony and evidence submitted in this matter, finds as follows:
a.The City of San Carlos is the lead agency under CEQA for preparing the Final EIR and is the entity with final decision-making authority with regard to approval of the proposed Project.
b.The Final EIR has been completed in compliance with CEQA (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (Title 14, Section 15000 et seq., of the California Code of Regulations) and the applicable provisions of the San Carlos Municipal Code. c.The Final EIR was presented to the Planning and Transportation Commission and the City Council, which has reviewed and considered the information contained in the Final EIR prior to approving the Project. d.The Final EIR reflects the City’s independent judgment and analysis and has been found by the City to be adequate to support the City’s consideration of the Project entitlements.
e.The information added in the Final EIR does not constitute new significant information requiring recirculation of the EIR.

Having fully reviewed, considered, and evaluated all of the testimony and evidence submitted in this matter and based on its independent judgment and analysis, the City Council hereby certifies the Final EIR (Exhibit A) and adopts the MMRP (Exhibit B), both of which are on file in the Office of the City Clerk of the City of San Carlos and incorporated herein by this reference. The City Council, based on its independent judgment and analysis and pursuant to Section 15092 of the CEQA Guidelines, also adopts the CEQA Findings of Fact attached hereto and incorporated herein as Exhibit C.

Section 3. Severability. If any term, provision, or portion of this resolution or the application of this resolution to a particular situation is held by a court to be invalid, void, or unenforceable, the remaining provisions of this resolution, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

Section 4. Effectiveness. This Resolution is effective upon its adoption. * * * * *

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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 27th day of November 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. Final EIR and Response to Comments
B. Mitigation Monitoring and Reporting Program (MMRP)
C. Findings of Fact

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Exhibit A
Final EIR and Response to Comments
To review the Draft EIR and Technical Appendices, visit the below page:
https://www.cityofsancarlos.org/business_detail_T10_R80.php Hard copy provided upon request

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October 27, 2023 | State Clearinghouse Number: 2022010033

FINAL ENVIRONMENTAL IMPACT REPORT
501 Industrial Road Hotel
Final EIR
for the City of San Carlos

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Cover & back cover image credit:

KLA Landscape Architecture Planning; RYS Architects, 2022.

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ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.placeworks.com
501 Industrial Road Hotel
Final EIR
for the City of San Carlos
October 27, 2023
Final Environmental Impact Report
State Clearinghouse Number: 2022010033
Prepared by: PlaceWorks
2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
In Association with:

W-Trans

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PLACEWORKS i
Table of Contents
EXECUTIVE SUMMARY ................................................................................................................. 1-1 INTRODUCTION ............................................................................................................................ 2-1 REVISIONS TO THE DRAFT EIR ...................................................................................................... 3-1 LIST OF COMMENTERS ................................................................................................................. 4-1 RESPONSE TO COMMENTS ......................................................................................................... 5-1

APPENDICES
Appendix E: REVISED Hazardsous Materials
Appendix K: Comments Received on the Draft EIR
Appendix L: C/CAG ALUCP Consistency Determination
Appendices A, B, C, D, F, G, H, I, and J are located within the Draft EIR

LIST OF TABLES
Table 1-1 Summary of Significant Impacts and Mitigation Measures ...................................... 1-3 Table 5-1 Responses to Comments Received on the Draft EIR ................................................ 5-2

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501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

TABLE OF CONTENTS
ii OCTOBER 2023
This page intentionally left blank.

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PLACEWORKS 1-1
Executive Summary
This Final Environmental Impact Report (EIR) has been prepared to provide an assessment of the potential environmental consequences of approving and implementing the proposed 501 Industrial Road Hotel project, also known as Hotel Indigo and herein referred to as the “proposed project.” This EIR has been prepared pursuant to the requirements of California Environmental Quality Act (CEQA; California Public Resources Code, Division 13, Section 21000, et seq.) and the CEQA Guidelines (Title 14 of the California Code of Regulations, Division 6, Chapter 3, Section 15000, et seq.) to determine if approval of the identified discretionary actions and related subsequent development could have a significant impact on the environment. This executive summary includes the conclusions of the environmental analysis contained in the Draft EIR and presents a summary of impacts and mitigation measures identified. The remainder of this Final EIR contains corrections and clarifications to the text and analysis of the Draft EIR, where warranted, along with a response to comments matrix and a list of commenters. For a complete description of the proposed project, see Chapter 3, Project Description, of the Draft EIR. For a complete discussion of alternatives to the proposed project, see Chapter 5, Alternatives, of the Draft EIR.

1.1 REPORT ORGANIZATION
This Final EIR is organized into the following chapters:
 Chapter 1: Executive Summary. Summarizes environmental consequences that would result from implementation of the project, recommended mitigation measures, and the level of significance of environmental impacts before and after mitigation. Underline text in Table 1-1, Summary of Significant Impacts and Mitigation Measures, represents language that has been added to the impacts and mitigation measures in the EIR; text in strikethrough has been deleted from the EIR.  Chapter 2: Introduction. Provides an overview describing the use and organization of this Final EIR.  Chapter 3: Revisions to the Draft EIR. Contains corrections to the text and graphics of the Draft EIR.

Underline text represents language that has been added to the EIR; text in strikethrough has been deleted from the EIR.
 Chapter 4: List of Commenters. Lists the names of agencies and individuals who commented on the Draft EIR.
 Chapter 5: Comments and Responses. Presents comments received from agencies and the public on the Draft EIR alongside responses to each comment. Also contains “master responses” that provide comprehensive responses to key issues raised by several comments.  Appendix: The appendix for this Final EIR contains the following:
 Appendix E: REVISED Hazardous Materials
 Appendix K: Comments Received on the Draft EIR
 Appendix L: C/CAG ALUCP Consistency Determination

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501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

EXECUTIVE SUMMARY
1-2 OCTOBER 2023
Appendices A, B, C, D, F, G, H, I, and J are located within the Draft EIR and have not been revised. All appendices are available on the City’s webpage for the proposed project.

The Draft EIR is available online and incorporated here by reference. It constitutes part of the Final EIR.

1.2 SUMMARY OF THE PROPOSED PROJECT
Holly Hotel Group, LLC, the Project Applicant (Applicant), is proposing the 501 Industrial Road Hotel project, also known as Hotel Indigo. The proposed project would involve developing a vacant, 2.09-acre site in eastern San Carlos, just east of the intersection of Industrial Road and Holly Street. The proposed hotel would consist of two connected sections: a main guestroom tower that would be six stories in height along Holly Street and facing Highway 101, and an adjoining three-story structure along Industrial Road. The hotel would be approximately 136,000 gross square feet in size, and would include 188 guestrooms, a lobby, a dining area, and meeting spaces. The lobby and second-floor meeting spaces would be situated around a landscaped courtyard in the center of the site. The proposed project is described in further detail in Chapter 3, Project Description, of the Draft EIR.

1.3 SUMMARY OF IMPACTS AND MITIGATION MEASURES
As determined in the Draft EIR, the proposed project has the potential to generate significant environmental impacts in a number of areas. Pursuant to Section 15126.2(b) of the CEQA Guidelines, an EIR must describe any significant impacts that cannot be avoided, even with the implementation of feasible mitigation measures. As shown in Table 1-1, all significant impacts would be reduced to a less- than-significant level if the mitigation measures identified in the Draft EIR are adopted and implemented.

As described in detail in Chapter 6, CEQA-Mandated Sections, of the Draft EIR, the proposed project would have no significant impact on aesthetics, agricultural and forestry resources, mineral resources, population and housing, public services, recreation, and wildfire, due to existing conditions in the project area. Accordingly, these topics were not analyzed further in the Draft EIR.

Table 1-1 summarizes the conclusions of the environmental analysis contained in this Draft EIR and presents a summary of the significant impacts and mitigation measures identified. It is organized to correspond with the environmental issues discussed in Chapters 4.1 through 4.13. The table is arranged in four columns: (1) significant environmental impacts, (2) significance without mitigation, (3) mitigation measures, and (4) significance with mitigation. For a complete description of the proposed project’s potential impacts, please refer to the specific discussions in Chapters 4.1 through 4.13.

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501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

PLACEWORKS 1-3
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation

AIR QUALITY
AQ-2: Uncontrolled fugitive dust (PM10 and
PM2.5) could expose the areas that are
downwind of construction sites to air pollution
from construction activities without the
implementation of the Air District’s best
management practices.

S AQ-2: The project contractor shall comply with the Bay Area Air Quality Management District’s (BAAQMD) basic best management practices for reducing construction emissions of uncontrolled fugitive dust (coarse inhalable particulate matter [PM10] and fine inhalable particulate matter [PM2.5]):
 All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
 All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
 All trucks and equipment, including their tires, shall be washed off prior to leaving the project site.  Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.  Publicly visible signs shall be posted with the telephone number and name of the person to contact at the City of San Carlos regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

These measures shall be noted on grading plans prepared by the applicant submitted to the City of San Carlos. The construction contractor shall implement these measures during ground disturbing activities. The City of San Carlos Building Division shall verify compliance that these measures have been implemented during normal construction site inspections.

LTS
AQ-3: Construction activities of the proposed
project could expose sensitive receptors to
substantial concentrations of toxic air
contaminants, exceeding the applicable Air
District threshold.

S AQ-3: Construction contractors shall use United States Environmental Protection Agency Tier 4 Interim equipment for all off-road, diesel-powered construction equipment of greater than 50 horsepower (HP) that are in use over 20 hours and Tier 4 Final equipment for all off-road, diesel- powered equipment of 50 or less HP that are in use over 20 hours, unless it can be demonstrated to the City of San Carlos Building Division that such equipment is not commercially available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier 4 Interim and Tier 4 Final engines similar to the availability for other large-scale construction projects LTS

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501 INSDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

1-4 OCTOBER 2023
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation
in the city occurring at the same time and taking into consideration factors such as (i) potential significant delays to critical-path timing of construction and (ii) geographic proximity to the project site of Tier 4 Interim and Tier 4 Final equipment. Where such equipment is not commercially available, as demonstrated by the construction contractor, Tier 3 equipment retrofitted with a California Air Resources Board’s Level 3 Verified Diesel Emissions Control Strategy shall be used.

Furthermore, all diesel generators, if used, shall be fitted with a Level 3 diesel particulate filter (DPF).

The requirement to use Tier 4 Interim and Tier 4 Final equipment for all off-road, diesel-powered construction equipment in use over 20 hours, and the requirement for diesel-powered generators fitted with Level 3 DPF shall be identified in construction bids. In addition, the following shall also be completed:
 Requirements for off-road equipment:
 Prior to construction, the project engineer shall ensure that all demolition and grading plans clearly show the requirement for United States Environmental Protection Agency Tier 4 Interim or higher emissions standards for all off-road, diesel-powered construction equipment in use over 20 hours and the level 3 DPF for all diesel generators.  During construction, the construction contractor shall maintain a list of all operating off-road equipment in use over 20 hours on the construction site for verification by the San Carlos Building Division.
 The construction equipment list shall state the makes, models, Engine Identification Numbers, Engine Family Numbers, and numbers of off-road construction equipment on-site.  To the extent that equipment is available and cost-effective, contractors shall use electric, hybrid, or alternate-fueled off-road construction equipment.  Contractors shall use electric construction tools, such as saws, drills, and compressors, where grid electricity is available.
 Construction contractors shall also ensure that all nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9.
 All sub-contracts and construction documents shall identify that all non-essential idling of construction equipment is restricted to 5 minutes or less in compliance with California Air Resources Board Rule 2449. The construction contractor is responsible for ensuring that this requirement is met.
 Construction contractors shall water exposed surfaces at least three (3) times per day.  Construction contractors shall apply non-toxic soil stabilizers to exposed disturbed surfaces.

AQ-5: Cumulative cancer risks from project-
related construction activities and existing
S Implement Mitigation Measure AQ-3. LTS

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501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

PLACEWORKS 1-5
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation
sources of toxic air contaminants (TACs) would
exceed the applicable Air District cumulative
threshold and could expose sensitive
receptors to substantial cumulative
concentrations of TACs.

BIOLOGICAL RESOURCES
No significant impacts

CULTURAL RESOURCES
CULT-2: Implementation of the proposed
project would have the potential to cause a
substantial adverse change in the significance
of an archaeological resource pursuant to
California Environmental Quality Act (CEQA)
Guidelines Section 15064.5.

S CULT-2: Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the CEQA Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan. Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

LTS
CULT-3: Construction activities may result in
unanticipated discovery of human remains
interred outside of dedicated cemeteries.

S CULT-3: In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on- site, or elsewhere. Associated grave goods are to be treated in the same manner.

LTS

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501 INSDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

1-6 OCTOBER 2023
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation
ENERGY
No significant impacts

GEOLOGY AND SOILS
GEO-1: The proposed project would result in
the placement of a new building in an area
susceptible to ground shaking, potentially
resulting in significant loss, injury, or death.

S GEO-1: Project construction shall adhere to the recommendations of the October 21, 2019, Professional Service Industries Geotechnical Engineering Report for the Proposed Hotel Indigo, 501 Industrial Road, San Carlos, California (Project Geotechnical Report) which provides preliminary recommendations for site preparation, engineered fill, excavation, foundations, concrete slabs, below-grade walls, retaining walls, drainage, pavement, corrosivity, and construction monitoring.

LTS
GEO-6: The proposed project could cause
damage to, or destruction of, unknown
paleontological resources or unique geologic
features due to ground-disturbing
construction.

S GEO-6: In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery, as needed, in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the finding under the criteria set forth in California Environmental Quality Act (CEQA) Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The plan shall be submitted to the City of San Carlos for review and approval prior to implementation.

LTS

GREENHOUSE GAS EMISSIONS
No significant impacts

HAZARDS AND HAZARDOUS MATERIALS
No significant impacts
HAZ-4: The project site falls within the
Overflight Easement Review Area (OERA)
boundary for San Carlos Airport and mitigation
would be required to ensure that the
proposed project complies with Airport Land
Use Compatibility Plan (ALCUP) guidance
intended to prevent significant impacts due to
proximity to San Carlos Airport.

S HAZ-4: The ALUCP guidance states that dedication of an avigation easement, restricting the heights of structures or trees, to the County of San Mateo should be considered as a condition for any discretionary local approval for any property within the OERA boundary. The avigation easement shall:
 Identify the potential hazard associated with the proposed project and its location within protected airspace;
 Identify the airport owner’s right to clear or maintain the airspace from potential hazards;  Identify the right to mark potential obstructions and notify aviators of such hazards; and  Provide the right to pass within the identified airspace.

LTS

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501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

PLACEWORKS 1-7
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation

HYDROLOGY AND WATER QUALITY
No significant impacts

LAND USE AND PLANNING
No significant impacts
NOISE
NOI-1: Construction noise generated by the
proposed project would exceed established
threshold of 80 dBA Leq at the property line of
the Residence Inn hotel during asphalt
demolition, paving, and overlapping building
construction, architectural coating, and paving
phases.

S NOI-1: The project applicant shall incorporate the following practices into the construction contract specifications to be implemented by the construction contractor during the entire construction phase of the proposed project. The project applicant and contractors shall prepare a Construction Noise Control Plan that includes the following measures:
 The construction contractor shall appoint a liaison to coordinate directly with Residence Inn hotel management and the Greater Eastside Neighborhood Association on a weekly basis throughout the entire project construction to discuss ongoing construction schedule updates and noise concerns. The appointed liaison shall provide their contact information to the hotel management at least 10 days prior to the start of construction.
 A masonry wall exists along the boundary between the project site and the Residence Inn hotel to the southeast. This wall shall be maintained and extended to 10 feet in height during building construction or, if this wall is no longer existing at the time of project construction or is removed, the construction manager shall erect a new temporary sound barrier/curtain along the project boundary between the construction zone and the Residence Inn hotel to the southeast. A second temporary noise barrier/curtain shall also be erected along the southwest project boundary to reduce noise levels at the residences across Industrial Road. The temporary sound barrier shall have a minimum height of 8 feet and be free of gaps and holes (including from the ground). The barrier(s) should be constructed of either:
 a 0.75-inch-thick plywood wall; or
 a hanging blanket/curtain with a surface density of at least 2 pounds per square foot; or  other similar sound attenuation feature that achieves equivalent reductions, should an alternative method be necessary based on-site constraints.  Construction trucks and equipment shall utilize the best available noise control techniques including improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible.

LTS

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EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

1-8 OCTOBER 2023
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation
 Impact tools (e.g., pneumatic or electrical impact wrench, gun, torque gun) shall be hydraulically or electrically powered. Where the use of pneumatic tools is unavoidable, they shall include exhaust mufflers on the compressed air exhaust and external noise jackets on the tools.  Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. The signs shall note that all other equipment shall be turned off if not in use for more than 5 minutes. The construction manager shall be responsible for enforcing these noise reduction requirements.  During the entire active construction period, the use of noise-producing signals—including horns, whistles, alarms, and bells—shall be for safety warning purposes only. The construction manager shall require the use of smart back-up alarms on equipment. (These devices automatically adjust the alarm level based on the background noise level.) Alternately, equipment back-up alarms may be turned off and replaced with human spotters in compliance with all safety requirements and laws.
 Stationary noise sources (e.g., generators and air compressors) shall be located as far from the southeast and southwest property lines as possible, and they shall be muffled and enclosed within temporary sheds, insulation barriers, or other measures to reduce noise levels to below 80 dBA Leq.
 Material stockpiles shall be located as far as feasible from the southeast and southwest property lines to reduce noise from trucks and tractors.
 At least 10 days prior to the start of any construction activity on the project site, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representative that is assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the action to the City.

TRANSPORTATION
No significant impacts
TRAN-4: The proposed emergency vehicle
access does not comply with applicable code
requirements related to fire safety, and the
proposed project has inadequate emergency
access due to the lack of a second emergency
egress point.

S TRAN-4: Prior to issuance of building permits, the project sponsor shall obtain final approval of an Alternative Materials and Methods Request(s) from the City of San Carlos.

LTS

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EXECUTIVE SUMMARY
LTS = Less than Significant; S = Significant

PLACEWORKS 1-9
TABLE 1-1 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES Significant Impact
Significance
without
Mitigation Mitigation Measures
Significance
with
Mitigation

TRIBAL CULTURAL RESOURCES
TCR-1.1: Implementation of the proposed
project may cause a substantial adverse
change in the significance of a tribal cultural
resource, as defined in Public Resources Code
Section 21074.

S TCR-1.1: Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the California Environmental Quality Act (CEQA) Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan.

Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

LTS
TCR-1.2: Implementation of the proposed
project could cause a substantial adverse
change in the significance of a tribal cultural
resource pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1.

S TCR-1.2: In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on- site, or elsewhere. Associated grave goods are to be treated in the same manner.

LTS

UTILITIES AND SERVICE SYSTEMS
No significant impacts

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Introduction
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, Chapter 14 California Code of Regulations, Section 15378[a], the 501 Industrial Road Hotel project is considered a “project” subject to environmental review as its implementation is “an action [undertaken by a public agency] which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.” The assessment in this Final Environmental Impact Report (EIR) is intended to inform the City’s decision-makers, other responsible agencies, and the public-at-large of the nature of the proposed project and its effect on the environment.

2.1 PROPOSED PROJECT
Holly Hotel Group, LLC, the Project Applicant (Applicant), is proposing the 501 Industrial Road Hotel project, also known as Hotel Indigo. The proposed project would involve developing a vacant, 2.09-acre site in eastern San Carlos, just east of the intersection of Industrial Road and Holly Street. The proposed hotel would consist of two connected sections: a main guestroom tower that would be six stories in height along Holly Street and facing Highway 101, and an adjoining three-story structure along Industrial Road. The hotel would be approximately 136,000 gross square feet in size, and would include 188 guestrooms, a lobby, a dining area, and meeting spaces. The lobby and second-floor meeting spaces would be situated around a landscaped courtyard in the center of the site. The proposed project is described in further detail in Chapter 3, Project Description, of the Draft EIR.

2.2 EIR SCOPE
This Final EIR identifies and analyzes site specific potential impacts of the project which were determined in the Draft EIR. The analysis of the Draft EIR discloses the specific short-term impacts (construction) and long-term impacts (operation) that would occur as a result of project approval and implementation.

2.3 ENVIRONMENTAL REVIEW PROCESS

2.3.1 DRAFT EIR
Pursuant to CEQA Section 21080(d)1 and CEQA Guidelines Section 15063,2 the City determined that the proposed project could result in potentially significant environmental impacts and that an EIR would be

1 The CEQA Statute is found at California Public Resources Code, Division 13, Sections 21000 to 21177. 2 The CEQA Guidelines are found at California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 to 15387.

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2-2 OCTOBER 2023
required. In compliance with CEQA Section 21080.4, the City circulated the Notice of Preparation (NOP) of a Draft EIR for the for the 501 Industrial Road Hotel Draft EIR to interested agencies and persons on January 3, 2022 for a 30-day review period. The scoping period for this Draft EIR was between January 3, 2022 and February 3, 2022, during which, interested agencies and the public could submit comments about the proposed project. The scope of the Draft EIR was established by the City of San Carlos through the EIR scoping process and includes an analysis of both the proposed project’s impacts and cumulative impacts in the following issue areas:
 Air Quality
 Biological Resources
 Cultural Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Land Use and Planning
 Noise
 Transportation
 Tribal Cultural Resources
 Utilities and Service Systems
 CEQA-Mandated Assessment Conclusions:
 Impacts Found Not to Be Significant
 Significant Unavoidable Impacts
 Significant and Irreversible Changes
 Growth Inducement
The Draft EIR was available for review by the public and interested parties, agencies, and organizations for a 45-day comment period starting on August 11, 2023, and ending on September 25, 2023. During the comment period, the public was invited to submit written comments on the Draft EIR via mail or e-mail to the City of San Carlos Planning Department.

2.3.2 FINAL EIR
Upon completion of the 45-day review period for the Draft EIR, the City reviewed all comments received and prepared written responses for each comment. These letters are included in Appendix K, Comments Received on the Draft EIR, of this Final EIR. This Final EIR includes written responses for each comment received during the public review period. This Final EIR consists of the Draft EIR, the comments received on the Draft EIR, and the responses to those comments, and describes any changes to the Draft EIR that have resulted from the comments received.

The Planning and Transportation Commission will review the Final EIR and the proposed project and provide a recommendation to the City Council as the decision-making body. A Planning and Transportation Commission public hearing will be scheduled to concurrently consider recommending certification of the Final EIR and a decision on the project to the City Council. If the City Council determines that the project may be approved, the City Council will adopt and incorporate into the project all feasible mitigation measures identified in the EIR and may also require other conditions of approval.

In some cases, the City Council may find that certain mitigation measures are outside the jurisdiction of the City to implement, or that there are no feasible mitigation measures for a given significant impact. In that case, the City Council would have to adopt a statement of overriding considerations that determines that economic, legal, social, technological, or other benefits of the proposed project outweigh the unavoidable, significant effects on the environment.

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PLACEWORKS 2-3
The City Council may also find that the project does not satisfy the required findings for approval and decide to reject the project on that basis. Public input is encouraged at all public hearings before the City.

2.3.3 MITIGATION MONITORING
Public Resources Code Section 21081.6 requires that the lead agency adopt a monitoring or reporting program for any project for which it has made mitigation findings pursuant to Public Resources Code 21081. Such a program is intended to ensure the implementation of all mitigation measures adopted through the preparation of an EIR. The Mitigation Monitoring and Reporting Program for the proposed project will be completed and available to the public prior to certification of this EIR.

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INTRODUCTION
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PLACEWORKS 3-1
Revisions to the Draft EIR
This chapter presents changes to the Draft Environmental Impact Report (EIR) that resulted from preparation of responses to comments, or from staff-directed changes, including corrections and clarifications. In each case, the page and location on the page in the Draft EIR is presented, followed by the text or graphic revision. Underlined text represents language that has been added to the EIR; text with strikethrough has been deleted from the EIR. The revisions in this chapter do not require recirculation of the Draft EIR because they do not constitute “significant new information” under Section 15088.5 of the California Environmental Quality Act (CEQA) Guidelines. All changes to Draft EIR Table 1-1, Summary of Impacts and Mitigation Measures, are included in Chapter 1, Executive Summary, of this Final EIR.

CHAPTER 3 PROJECT DESCRIPTION
The first paragraph under the subheading “Stormwater Management” of Section 3.3.1.4, Utilities and Service Connections, on page 3-16, of the Draft EIR is hereby amended as follows:

The proposed project would install flow-through treatment planters throughout the project site, bioretention areas, and enhanced permeable pavers 48"-diameter x 400'-length underground pipes underneath the project driveway to store stormwater during flash flood situations. Stormwater runoff would be diverted to the existing storm drainage system under Industrial Road.

CHAPTER 4.7 HAZARDS AND HAZARDOUS MATERIALS
The bulleted list under heading “4.7 Hazards and Hazardous Materials” on page 4.7-1 of the Draft EIR is hereby amended as follows:

The analysis in this section is based, in part, upon the following documents:
 Phase I Environmental Site Assessment, 501 Industrial Road, prepared by Professional Service Industries, dated September 10, 2019.
 Soil-Vapor Sampling and Analyses Report, Proposed Hotel, prepared by Professional Service Industries, dated February 23, 2021.
 Soil and Groundwater Management Plan, Proposed Hotel, prepared by Professional Service Industries, dated March 16, 2021.
 Soil Vapor Mitigation System, Proposed Hotel Indigo, prepared for by Professional Service Industries, dated April 22, 2022.

Complete copies of these documents are included in Appendix E, REVISED Hazardous Materials, of this Draft Final EIR.

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REVISIONS TO THE DRAFT EIR
3-2 OCTOBER 2023
The last paragraph before the impact statement HAZ-4 under the subheading “Aviation-Related Hazards” of impact analysis HAZ-4 in Section 4.7.3, Impact Discussion, on page 4.7-19 of the Draft EIR is hereby amended as follows:

As described in Chapter 4.10, Noise, of this Draft EIR, according to the General Plan Land Use Compatibility Table for Community Noise Environment, hotel land uses are in a “Normally Acceptable” noise environment if the environment is 60 dBA Ldn/CNEL or less. The proposed project approximately 1,000 feet southwest of the San Carlos Airport and, according to the General Plan San Carlos Airport Noise Contour Map, the project site is just outside the 55 dBA CNEL/Ldn noise contour . Therefore, the proposed project would not expose people residing or working in the project area to excessive airport-related noise levels. The proposed project underwent review by C/CAG Airport Land Use Commission (ALUC) for consistency with the Airport Land Use Compatibility Plan on September 28, 2023, and by C/CAG Board of Directors on October 12, 2023. The C/CAG Board of Directors followed C/CAG ALUC’s recommendation of a determination of consistency subject to the following condition: “The City of San Carlos shall require that the project sponsor comply with the real estate disclosure requirements outlined in Overflight Policy 1 of the San Carlos ALUCP” (see Appendix L, C/CAG ALUCP Consistency Determination, of this Final EIR).

The real estate disclosure requirement is a project condition of approval. Therefore, the proposed project would result in a less-than-significant impact related to aviation hazards. Nevertheless, due to the C/CAG review requirements outlined in the ACLUP due to the development being within AIA Area B, the proposed project would result in potentially significant impact.

Impact HAZ-4: The project site falls within the Overflight Easement Review Area (OERA) boundary for San Carlos Airport and mitigation would be required to ensure that the proposed project complies with Airport Land Use Compatibility Plan (ALUCP) guidance intended to prevent significant impacts due to proximity to San Carlos Airport.

Mitigation Measure HAZ-4: The ALUCP guidance states that dedication of an avigation easement, restricting the heights of structures or trees, to the County of San Mateo should be considered as a condition for any discretionary local approval for any property within the OERA boundary. The avigation easement shall:
 Identify the potential hazard associated with the proposed project and its location within protected airspace;
 Identify the airport owner’s right to clear or maintain the airspace from potential hazards;  Identify the right to mark potential obstructions and notify aviators of such hazards; and  Provide the right to pass within the identified airspace.

CHAPTER 4.8 HYDROLOGY AND WATER QUALITY
The first paragraph under the subheading “Surface Runoff and Capacity of the Storm Drain System” of impact analysis HYD-3 in Section 4.8.3, Impact Discussion, on page 4.8-19 of the Draft EIR is hereby amended as follows:

Project development would involve the construction of an internal network of storm drains, catch basins, and landscaping areas in 21 drainage areas with 15 on-site bioretention areas and five flow-through

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PLACEWORKS 3-3
planter areas to temporarily retain, treat, and ultimately convey on-site flows (see Figure 4.8-2, Stormwater Control Plan). Excess runoff from these areas would be diverted to the City’s storm drain system in Industrial Road along with any runoff from the self-treating landscaped areas. Additionally, the proposed project would install 48"-diameter x 400'-length underground pipes underneath the project driveway to store stormwater during flash flood situations.

CHAPTER 4.11 TRANSPORTATION
Impact analysis TRAN-4 in Section 4.11.3, Impact Discussion, on page 4.11-16 of the Draft EIR is hereby amended as follows:

The project site is well served by local arterial roadways as well as the adjacent ramps to U.S. Highway 101, and future project occupants could evacuate the project area in multiple directions in the event of an emergency. The proposed project would not include any special circumstances or barriers that would impede emergency vehicle access to, and emergency evacuation from, the project site.

In the event of an emergency, emergency vehicles can access the project site via Industrial Road. The proposed project driveway and internal roadways would be designed and constructed to current City standards to accommodate both passenger and emergency vehicles, as illustrated on the Fire Truck Turning Template sheet prepared for the proposed project (see Appendix B, Project Site Plans, of this Draft EIR). Section D104.1 of the CFC requires a second means of fire department access to any commercial or industrial building over 30 feet or three stories in height. Because the proposed hotel would exceed this height, a second driveway would be required by the CFC. The project applicant has submitted an Alternative Materials and Methods Request (AMMR) to address this requirement through an alternate approach meeting the intent of code requirements. Under the alternate approach, the proposed project would provide automatic standpipes supplied by an electrically driven fire pump with secondary power via an on-site generator . The AMMR has been conditionally approved by the Fire Chief of Redwood City subject to the automatic standpipe flow of 1,000 gallons per minute (GPM) at 100 pounds per square inch (psi) instead of the 750 GPM at 70 psi as proposed (see Appendix I, Emergency Access, of the Draft EIR, and Comment Letter PUB1 in Appendix K, Comments Received on the Draft EIR, of this Final EIR).

Therefore, the proposed project would have a less-than-significant impact related to emergency access and no mitigation is required. At the time of publication of this Draft EIR, the proposed AMMR has been conditionally approved.1 Without final approval of the AMMR, the proposed project would have a significant impact related to emergency access, and mitigation is required.

Impact TRAN-4: The proposed emergency vehicle access does not comply with applicable code requirements related to fire safety, and the proposed project has inadequate emergency access due to the lack of a second emergency egress point.

Mitigation Measure TRAN-4: Prior to issuance of building permits, the project sponsor shall obtain final approval of an Alternative Materials and Methods Request(s) from the City of San Carlos.

1 The conditionally approved AMMR is in contained in Appendix I, Emergency Access, of this Draft EIR.

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REVISIONS TO THE DRAFT EIR
3-4 OCTOBER 2023
Significance with Mitigation: Less than significant.

APPENDICES
Appendix E, Hazardous Materials, of the Draft EIR is hereby replaced with the version appended to this Final EIR titled Appendix E, REVISED Hazardous Materials.

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List of Commenters
Comments on the Draft Environmental Impact Report (EIR) were received from the following agencies, organizations, and individuals. Letters are arranged by category, name, and date received. Each comment letter has been assigned a number, as indicated below. These letters are included in and responded to in Table 5-1, Responses to Comments Received on the Draft EIR, in Chapter 5, Response to Comments, of this Final EIR. Comments are presented in their original format in Appendix K, Comments Received on the Draft EIR, along with annotations that identify each individual comment number .

4.1 COMMENTS ON THE DRAFT EIR

4.1.1 GOVERNMENTAL AGENCIES
GOV1 California Department of Transportation, September 25, 2023

4.1.2 MEMBERS OF THE PUBLIC
PUB1 E.C. Liu, August 16, 2023
PUB2 Debbie and Gary Baldocchi, August 21, 2023
PUB3 Chao Wu, September 1, 2023

4.1.3 PUBLIC HEARING
PH1 San Carlos Planning and Transportation Commission, August 21, 2023

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Response to Comments
This chapter includes a reproduction of, and responses to, each comment letter received during the public review period on the Draft Environmental Impact Report (EIR). Comments are presented in their original format in Appendix K, Comments Received on the Draft EIR, along with annotations that identify each individual comment number.

Responses to individual comments are provided in this chapter alongside the text of each corresponding comment. Letters are categorized by:
 Governmental Agencies
 Members of the Public
 Public Hearing
Letters are arranged by category, date received, and name. Where a response requires revisions to the Draft EIR, these revisions are shown in Chapter 3, Revisions to the Draft EIR, of this Final EIR. Table 5-1, Responses to Comments Received on the Draft EIR, presents comments received on the Draft EIR and responses to each of those comments. Exhibits referenced in responses to comments are included in the commenter’s original comment letter and are included in Appendix K, Comments Received on the Draft EIR, of this Final EIR.

All comments included in this document are formally acknowledged for the record and will be forwarded to the decision-making bodies as part of this Final EIR for their consideration in reviewing the project.

5.1 COMMENTS AND RESPONSES
Table 5-1, Responses to Comments Received on the Draft EIR, presents comments received on the Draft EIR and responses to each of those comments. Letters are arranged by date received. Where the same comment has been made more than once, a response may direct the reader to another numbered comment and response. Where a response requires revisions to the Draft EIR, these revisions are shown in Chapter 1, Executive Summary, and Chapter 3, Revisions to the Draft EIR, of this Final EIR.

Comments are presented in their original format in Appendix K, Comments Received on the Draft EIR, along with annotations that identify each individual comment number. Table 5-1 includes figures and attachments included in the comment letters at a reduced image resolution. To view the images at full resolution, please refer to the original comment letters in Appendix K of this Final EIR.

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5-2 OCTOBER 2023
TABLE 5-1 RESPONSES TO COMMENTS RECEIVED ON THE DRAFT EIR Comment # Comment Response
Government Agencies
GOV1
GOV1-1 Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 501 Industrial Road Hotel Project. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the August 2023 DEIR.

The comment serves as an introduction to the comments that follow.

Please see Responses GOV1-2 through GOV1-9.

GOV1-2 Project Understanding
The proposed project will develop a 119,000-square-foot hotel in San Carlos. It will be located east of the intersection of Industrial Road and Holly Street, directly adjacent to Caltrans’ Right-of-Way (ROW) along the US-101 on- and off-ramps at Holly Street.

The comment correctly summarizes the proposed project. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

GOV1-3 Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements. For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).

The project’s Vehicle Mileage Traveled (VMT) analysis and significance determination are undertaken in a manner consistent with the City’s adopted VMT policy. The City has established a stringent threshold that retail projects consisting of up to 15,000 square feet can be classified as being local and therefore can be presumed to have a less-than-significant VMT impact. Per the DEIR, this project is found to have a less than significant VMT impact, therefore working towards meeting the State’s VMT reduction goals.

The comment states that the VMT analysis presented in the Draft EIR is consistent with the City of San Carlos's adopted VMT policy and agrees with the significance determination. No further response is warranted.

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Comment # Comment Response
Additionally, this project proposes a Transportation Demand Management (TDM) plan to encourage multimodal options, which would help further reduce VMT.

GOV1-4 Hydrology
Please provide drainage flow line elevations for the drainage systems to facilitate project construction as intended. We recommend including a discussion of sea level rises in the hydrology report as this project is close to the San Francisco Bay.

The comment requests the proposed drainage flow line elevations for the drainage systems to facilitate project construction and recommends including a discussion of sea level rise. The requested drainage flow line elevations are typically calculated as part of the detailed construction drawings, and will be required as part of project conditions of approval.

As discussed in Chapter 4.8, Hydrology and Water Quality, of the Draft EIR, the project site is located within a 100-year flood zone, and at the request of the City of San Carlos, the finished floor elevation of the building has been set at 13 feet, which is three feet above the base flood elevation. In addition, as a result of the California Supreme Court decision regarding the assessment of the environment’s impacts on projects (California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015), it is generally no longer the purview of the CEQA process to evaluate the impact of existing environmental conditions on any given project. Therefore, by conforming to the City flood regulation standards, the proposed project would not exacerbate flood conditions in the area.

GOV1-5 Construction-Related Impacts
Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link). Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the State Transportation Network (STN).

The comment points out that movement of oversized or excessive load vehicles on State roadways requires a transportation permit and coordination with Caltrans. The comment has been noted. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

GOV1-6 Lead Agency
As the Lead Agency, the City of San Carlos is responsible for all project mitigation, including any needed improvements to the STN.

The project’s fair share contribution, financing, scheduling, The comment states that the City of San Carlos, as the lead agency, is responsible for all project mitigation. The comment has been noted. A Mitigation Monitoring and Reporting Program has been prepared for the proposed project. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

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5-4 OCTOBER 2023
Comment # Comment Response
implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures.

GOV1-7 Equitable Access
If any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion. As well, the project must maintain bicycle and pedestrian access during construction. These access considerations support Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

The comment states that the proposed project must maintain bicycle and pedestrian access during construction and meet American Disabilities Act (ADA) Standards after project completion. The comment has been noted. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

GOV1-8 Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ ROW requires a Caltrans- issued encroachment permit. The Office of Water Quality should be consulted during the permit process. As part of the encroachment permit submittal process, you may be asked by the Office of Encroachment Permits to submit a completed encroachment permit application package, digital set of plans clearly delineating Caltrans’ ROW, digital copy of signed, dated and stamped (include stamp expiration date) traffic control plans, this comment letter, your response to the comment letter, and where applicable, the following items: new or amended Maintenance Agreement (MA), approved Design Standard Decision Document (DSDD), approved
encroachment exception request, and/or airspace lease agreement.

Your application package may be emailed to [email protected].

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

The comment advises that permanent work or temporary traffic control that encroaches Caltrans' ROW requires a Caltrans-issued encroachment permit and details the steps required to obtain the permit. The comment has been noted. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

GOV1-9 Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Marley Mathews, Transportation Planner, via LDR- [email protected]. For future early coordination opportunities or project referrals, please contact [email protected].

The comment serves as a conclusion to the preceding comments. Please see Responses GOV1-2 through GOV1-8.

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RESPONSE TO COMMENTS
PLACEWORKS 5-5
Comment # Comment Response
Members of the Public
PUB1 8/16/2023 E.C. Liu
PUB1-1 Dear Lisa and Chris:

We've reviewed the Draft EIR along with our consultants and have the following comments:

SECTION 3.3.1.4 (Stormwater Management - Page 40)
- We no longer have permeable pavers due to the high water table.
- In addition to bio-retention ponds, we will have 48"-diameter x 400'-length underground pipes underneath our driveway to store stormwater during flash flood situations. This was introduced in our latest civil engineering set from SMP Engineers dated August 9, 2023. Mention of this 48"-diameter detention pipe should also be included in Section 4.8.1.2 (Page 192).

The comment notes that the proposed project no longer includes permeable pavers but includes underground pipes underneath the proposed project driveway to store stormwater during flash flood situations. These revisions are reflected in Chapter 3, Revisions to the Draft EIR, of this Final EIR.

PUB1-2 SECTION 4.7 (Page 163)
- This section mentions the Soil Vapor Mitigation System which was designed to a conceptual level by PSI/Intertek's sub- consultant, Professional Service Industries as suggested by Placeworks in an interim version of the Draft EIR. Since then, the Regional Water Board has issued a determination letter stating that soil vapor is not a significant issue for our site and thus the Soil Vapor Mitigation System is not required, as stated correctly under 3.1.3.3 (Page 29) of the Draft EIR. We strongly believe that mention of the Soil Vapor Mitigation System design be deleted from Section 4.7 so as to avoid any confusion.

The comment requests that reference to the Soil Vapor Mitigation System report prepared by Professional Service Industries is removed. As outlined in Chapter 3, Project Description, on page 3-5 of the Draft EIR, the San Francisco Bay Regional Water Quality Control Board concluded that a passive barrier system would not be required for the project site.

Therefore, the Soil Vapor Mitigation System report is not required for the proposed project and references to it has been removed, as shown in Chapter 3, Revisions to the Draft EIR, of this Final EIR.

PUB1-3 SECTION 4.11.3 / TRANS-4 (Page 246)
- AMMR has been approved by the Fire Chief of Redwood City for a single project site entry/exit with the requirement that there would be installation of an on-site electrically driven fire pump designed to supply automatic standpipes. A 2 ½” exterior hose The comment notes that the proposed project has received final approval of an Alternative Materials and Methods Request from the City of San Carlos, compliant with Mitigation Measure TRAN-4, as outlined in Chapter 4.11, Transportation, on page 4.11-16 of the Draft EIR. The attachment provides site plans for the on-site electrically driven fire pump, a conditional approval of the AMMR. Therefore, Mitigation

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5-6 OCTOBER 2023
Comment # Comment Response
connection will also be provided at the first level of each of the three exit stairs. This AMMR is conditionally approved subject to the automatic standpipe flow of 1000 gallons per minute at 100 psi instead of 750 GPM at 70 psi as proposed. (Please refer to attached AMMR.)

Measure TRAN-4 is no longer warranted and has been removed, as shown in Chapter 3, Revisions to the Draft EIR, of this Final EIR.

PUB2 8/21/2023 Debbie and Gary Baldocchi
PUB2-1 Dear Planner Costa Sanders and Members of the Planning and Transportation Commission,
Thank you for considering our pubic comments in the attached 6- page letter regarding the Draft Environmental Impact Report regarding the proposed hotel at 501 Industrial Road. We respectfully request that you recommend the Lower Intensity Hotel Alternative which reduces the height from 82 feet to 50 feet and hotel The comment serves as an introduction to the comments that follow.

The comment requests recommendation of the Lower-Intensity Hotel Alternative. The comment has been noted. Please see Responses PUB2-2 through PUB2-15.

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RESPONSE TO COMMENTS
PLACEWORKS 5-7
Comment # Comment Response
occupancy from 188 to 120. The DEIR acknowledges that it is the environmentally superior alternative. We base our request on the following:
(1) Inadequate emergency and fire access due to a single access road
(2) Noise impacts from the hotel on nearby single family residents in east San Carlos
(3) Noise impacts on hotel guests and employees due to the proximity to San Carlos airport
(4) Airport related hazards: Restricting the building height to 50 feet instead of the proposed 82 feet will decrease the chance of a collision from aircraft operating out of San Carlos airport and its flight schools
(5) Improved air quality
(6) Reduced energy impacts
(7) Reduced greenhouse gas emissions
(8) Reduced utilities and services
Thank you for considering our input. We greatly appreciate your consideration.

Sincerely,
Debbie and Gary Baldocchi,
San Carlos residents
PUB2-2 Dear Members of the Planning and Transportation Commission, We submit this public comment letter in accordance with the instructions in the Draft Environmental Impact Report which directed us to express our views on the adequacy of the Draft EIR, rather than on the merits of the project itself. Comments should focus on:
• Sufficiency of the Draft EIR in discussing potentially significant environmental impacts;
The comment serves as an introduction to the comments that follow.

Please see Responses PUB2-3 through PUB2-15.

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RESPONSE TO COMMENTS
5-8 OCTOBER 2023
Comment # Comment Response
• Feasibility and effectiveness of identified mitigation measures; • Additional ways in which potentially significant impacts might be minimized; and
• Sufficiency of the range of Project Alternatives considered in the Draft EIR.

PUB2-3 We respectfully request that you recommend the proposed Lower Intensity Hotel Alternative because it is the environmentally superior alternative.

This alternative is expected to generate the least amount of significant environmental impacts. We perceive that it provides additional ways in which significant impacts might be minimized without significantly decreasing the economic benefits to the city based on property and other taxes generated.

We rely on the DEIR which reads in part: As shown in Table 5-1, the Lower-Intensity Hotel Alternative would be the environmentally superior alternative. In comparison to the proposed project, this alternative would result in an overall lower level of impact compared to the proposed project for the environmental topic areas of air quality, energy, greenhouse gas emissions, noise, and utilities and service systems. (Section: 5.6.2.3)
The comment requests recommendation of the Lower-Intensity Hotel Alternative, correctly quoting the Draft EIR on the conclusion of the Lower-Intensity Hotel Alternative as the environmentally superior alternative. The comment has been noted. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

PUB2-4 It would decrease the number of rentable hotel rooms from 188 to 120 and the height of the buildings from six stories (87 feet) to four stories (50 feet.) Although it will not provide as much tax revenue, the difference should not be significant compared to the environmental benefits. We note that the DEIR did not disclose the difference in the anticipated amount of taxes generated and respectfully request specific calculation of the difference in tax or other tax revenue generated from a decrease in hotel occupancy from 188 to 120.

The comment points out that the Draft EIR did not disclose the differences in tax revenue generation between the proposed project and the Lower-Intensity Hotel Alternative and requests specific calculations.

Please see Comment PUB3-3 for a summary of the difference in projected tax revenue between the proposed project and the Lower- Intensity Hotel Alternative. Economic impacts are not directly evaluated in CEQA documents; therefore, no further response is warranted.

PUB2-5 PROJECT DESCRIPTION: The comment correctly summarizes the proposed project, the Lower- Intensity Hotel Alternative, and the relationship of the alternative to the proposed project objectives. The comment does not address the

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RESPONSE TO COMMENTS
PLACEWORKS 5-9
Comment # Comment Response
The proposed 501 Industrial Road - Hotel Indigo project would involve construction of a hotel on a currently vacant paved site with no existing buildings. The site was previously occupied by Bayshore Supply, a plumbing and lighting supply facility. The proposed project would involve development of a new six-story hotel with up to 188 rooms, a lobby, a dining area, meeting spaces, landscaping, and a courtyard. The lobby and second-floor meeting spaces would be situated around a landscaped courtyard in the center of the site. The hotel would be approximately 136,000 gross square feet. The proposed hotel would consist of two connected sections: a main guestroom tower that would be six stories in height along Holly Street and facing Highway 101, and an adjoining three-story structure along Industrial Road. The proposed project would include ground-level vehicle parking, in addition to bike parking. The project applicant is requesting a rezoning to the Planned Development zoning designation and a Planned Development Permit to allow certain project features, including allowance for the height to accommodate the six-story building. (Section 1.2)

5.6.2 LOWER-INTENSITY HOTEL ALTERNATIVE DESCRIPTION
The Lower-Intensity Hotel Alternative is intended to reduce construction noise impacts by adjusting the height of the proposed project to decrease the length of construction activities. Consistent with the LC district maximum allowable height, the hotel in this alternative would be built to a maximum height of 50 feet. The Lower-Intensity Hotel Alternative would involve a four-story hotel with 120 rooms. With the exception of the reduced height and the room number, the configuration and site plan of the hotel would remain unchanged under this alternative when compared to the proposed project. (Section 5-15)

5.6.2.3 RELATIONSHIP OF THE ALTERNATIVE TO THE OBJECTIVES adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

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RESPONSE TO COMMENTS
5-10 OCTOBER 2023
Comment # Comment Response
As most of the project components would remain the same under the Lower-Intensity Hotel Alternative, this alternative would fulfill almost all of the project objectives. The only objective that would not be satisfied under this alternative is that this option would not contribute to increasing the City's tax base by providing 188 rentable hotel rooms, as this alternative would provide 120 rooms instead.

PUB2-6 We base our request on the following:
(1) Inadequate emergency access
The site has only one point of ingress and egress and lower occupancy would provide safer emergency access and evacuation because there will be fewer hotel guests and employees on the site.

The DEIR reads, in part: TRAN-4: The proposed emergency vehicle access does not comply with applicable code requirements related to fire safety, and the proposed project has inadequate emergency access due to the lack of a second emergency egress point.

The comment expresses concern regarding the single point of ingress and egress for the allowed occupancy and proposes that lower occupancy would provide safer emergency access and evacuation, correctly quoting Impact TRAN-4 of the Draft EIR. As provided in Chapter

4.11, Transportation, on page 4.11-16 of the Draft EIR, it is concluded that implementation of Mitigation Measure TRAN-4 would ensure less than significant impacts. Mitigation Measure TRAN-4 requires final approval of an Alternative Materials and Methods Request(s) (AMMR) from the City of San Carlos. The project applicant has provided that the AMMR has been approved by the Fire Chief of Redwood City for a single project site entry/exit with the requirement that there would be installation of an on-site electrically driven fire pump designed to supply automatic standpipes. Please see Comment PUB1-3 and Response PUB1- 3 for more details. The proposed project would result in a less-than- significant impact regarding emergency access.

PUB2-7 (2) Noise impacts from Hotel Indigo on single family residents in east San Carlos
The nearest residential receptors are single-family homes to the southwest across Industrial Road. There are approximately 3 single- family homes directly across the project site which are 91 Bayport Court, 87 Bayport Court, and 96 Bayport Court. These residences have an existing sound wall along Industrial Road that blocks the line-of-sight to the first story. The existing wall does not block the line-of-sight to second story floors. Other single-family homes are located further south along Industrial Road and further west on Bayport Court. The nearest non-residential sensitive receptor is the The comment correctly quotes the Draft EIR in regard to sensitive receptors and less-than-significant noise impacts, and states that a 4- story hotel would produce less noise than a 6-story hotel. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

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RESPONSE TO COMMENTS
PLACEWORKS 5-11
Comment # Comment Response
Residence Inn hotel located directly southeast of the project site. (Section 4.10)
The proposed project would construct a new hotel building, anticipated to have heating, ventilation, and air conditioning (HVAC) systems located on the rooftop. For a conservative analysis, it assumed that the rooftop HVAC equipment would be located near the edges of the building (i.e., closer to sensitive receptors than if sited near the center of the building). The nearest noise sensitive receptors, as measured from the edge of the proposed hotel building to the receptor property line, would be the single-family homes to the southwest across Industrial Road and the adjacent hotel to the southeast approximately, 150 feet and 120 feet, respectively. (Section 4.10)
The nearest sensitive receptors are the adjacent Residences Inn hotel and the single-family homes across Industrial Road, at approximately 65 feet to 210 feet, respectively, from the receptor property lines. (Section 4.10-13)
Although the DEIR concludes that the noise impacts will not be significant, a 4-story hotel with an outdoor guest courtyard and restaurant, would produce less noise than a 6-story hotel. The difference in noise may not be significant for the community at large, but could be significant for the residents of the single-family homes and the occupants of the Residences Inn hotel who reside within 65 feet to 210 feet of the proposed hotel.

PUB2-8 (3) Noise impact on Hotel Indigo guests or employees due to the proximity to San Carlos airport
According to the DEIR, HAZ-4 The proposed project could result in a safety hazard or excessive noise for people residing or working in the project area.

The comment expresses concern regarding noise impact on the proposed project occupants due to proximity of the San Carlos Airport.

The noise impact regarding the proposed project's proximity to an airport is analyzed in Chapter 4.10, Noise, on page 4.10-15 of the Draft EIR, and concluded that the proposed project would not expose people residing or working in the project area to excessive noise levels. This

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RESPONSE TO COMMENTS
5-12 OCTOBER 2023
Comment # Comment Response
The project site is 0.25 miles southwest of San Carlos Airport, a General Aviation Airport. The San Carlos Airport is home to approximately 500 aircraft and over 25 aviation-related businesses.24
As described in Chapter 4.10, Noise, of this Draft EIR, according to the General Plan Land Use Compatibility Table for Community Noise Environment, hotel land uses are in a “Normally Acceptable” noise environment if the environment is 60 dBA Ldn/CNEL or less. The proposed project approximately 1,000 feet southwest of the San Carlos Airport and, according to the General Plan San Carlos Airport Noise Contour Map, the project site is just outside the 55 dBA CNEL/Ldn noise contour. Therefore, the proposed project would not expose people residing or working in the project area to excessive airport-related noise levels. Nevertheless, due to the C/CAG review requirements outlined in the ACLUP due to the development being within AIA Area B and the OERA, the proposed project would result in potentially significant impact.

We did not see any proposed mitigations for this particular issue. (See section 4.8.8.) Therefore, we challenge the DEIR’s feasibility and effectiveness of identified mitigation measures related to the noise impact due to the proximity to San Carlos airport. The
environmentally superior alternative reduces the number of hotel guests and employees who will be exposed to the noise from 188 to 120 and therefore, could be considered a mitigation.
impact would be less than significant, and no mitigation measures are required.

The comment correctly quotes the Impact HAZ-4, as presented in Chapter 4.7, Hazards and Hazardous Materials, on page 4.7-19 of the Draft EIR. The conclusion sentence of the impact analysis was in reference to the safety hazards of the proposed project that could result in a potentially significant impact, and has been revised to clarify, as shown in Chapter 3, Revisions to the Draft EIR, of this Final EIR.

PUB2-9 (4) Airport Related Hazards: Restricting the building height to 50 feet will decrease the chance of a collision from aircraft operating out of San Carlos airport and its flight schools.

The DEIR discusses this hazard, but the proposed mitigations do not include restricting the height of the buildings to 50 feet as recommended in the environmentally superior alternative.

The comment contends that Mitigation Measure HAZ-4 does not adequately address Impact HAZ-4 of the Draft EIR but does not include information as why the mitigation measure is inadequate. The proposed project underwent review by City/County Association of Governments of San Mateo County (C/CAG) Airport Land Use Commission (ALUC) for consistency with the Airport Land Use Compatibility Plan on September 28, 2023, and by C/CAG Board of Directors on October 12, 2023. The C/CAG Board of Directors followed C/CAG ALUC’s recommendation of a

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RESPONSE TO COMMENTS
PLACEWORKS 5-13
Comment # Comment Response
San Carlos Airport, located approximately 0.25 miles to the northeast of the project site, is a general- aviation airport. The San Carlos Airport is home to approximately 500 aircraft and over 25 aviation- related businesses.13 Figure 4.7-1, Height Limitation Area for San Carlos Airport, shows the project site in the area where heights of structures are limited under FAA Part 77 Regulations to avoid hazards to air navigation. Because of the proximity to the San Carlos Airport and a building height greater than 30 feet in height, the proposed project would require filing of Form 7460-1 with the FAA. (Section 4.7-13) We note that the proposed height of 82 feet was approved by the FAA. The project applicant filed Form 75601-1 on April 29, 2023 and received FAA approval on July 10, 2023. (Section

4.7-18)
We contend that the DEIR insufficiently addresses this hazard in the following section: HAZ-4: The project site falls within the Overflight Easement Review Area (OERA) boundary for San Carlos Airport and mitigation would be required to ensure that the proposed project complies with Airport Land Use Compatibility Plan (ALCUP) guidance intended to prevent significant impacts due to proximity to San Carlos Airport.

HAZ-4: The ALUCP guidance states that dedication of an avigation easement, restricting the LTS heights of structures or trees, to the County of San Mateo should be considered as a condition for any discretionary local approval for any property within the OERA boundary. The avigation easement shall:
♣ Identify the potential hazard associated with the proposed project and its location within protected airspace
♣ Identify the airport owner’s right to clear or maintain the airspace from potential hazards;
♣ Identify the right to mark potential obstructions and notify aviators of such hazards; and
determination of consistency subject to the following condition: “The City of San Carlos shall require that the project sponsor comply with the real estate disclosure requirements outlined in Overflight Policy 1 of the San Carlos ALUCP” (see Appendix L, C/CAG ALUCP Consistency Determination, of this Final EIR). The real estate disclosure requirement is a project condition of approval. Therefore, Mitigation Measure HAZ-4 is no longer warranted and has been removed, as reflected in Chapter 3, Revisions to the Draft EIR, of this Final EIR.

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RESPONSE TO COMMENTS
5-14 OCTOBER 2023
Comment # Comment Response
♣ Provide the right to pass within the identified airspace. (Section 1- 9)
PUB2-10 5) Improved Air quality
We rely on the DEIR which reads in part: In comparison to the proposed project, the Lower-Intensity Hotel Alternative would be shorter in height and have fewer rooms than the proposed project.

The Lower-Intensity Hotel Alternative would have reduced construction emissions than the proposed project because the building size would be reduced in comparison to the proposed project. The reduced building space and number of rooms would also generate reduced operational air emissions when compared to the proposed project. Therefore, the Lower-Intensity Hotel Alternative would result in slightly lessened air quality impacts compared to the proposed project. (Section 5-11.)
The comment correctly quotes the air quality impact analysis of the Lower-Intensity Hotel Alternative. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

PUB2-11 (6) Reduced Energy impacts
The DEIR reads in part: Like the proposed project, the Lower-Intensity Hotel Alternative would use energy for construction and operation.

Similar to the proposed project, the Lower-Intensity Hotel Alternative would require energy usage but, as under the proposed project, it is expected that the Lower-Intensity Hotel Alternative would be designed to avoid wasteful, inefficient, or unnecessary use of energy.

However, given that the proposed project is larger than the Lower- Intensity Hotel Alternative, the proposed project would consume more energy during construction and operation. Therefore, the Lower-Intensity Hotel Alternative would result in slightly lessened energy impacts when compared to the proposed project. (Section 5-

12.)
We note that the development relies on natural gas for its’ restaurant. Energy: The CalEEMod default energy rates and mixed- fuel assumptions were utilized for the proposed project. It is anticipated that only the restaurant within the proposed hotel would The comment correctly quotes the energy impact analysis of the Lower- Intensity Hotel Alternative. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

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RESPONSE TO COMMENTS
PLACEWORKS 5-15
Comment # Comment Response
utilize natural gas while the remaining building uses (e.g., hotel rooms) would be all-electric. Moreover, the proposed project would include installation of a rooftop photovoltaic system that would generate on- site renewable electricity. (Section: 4.4-12) PUB2-12 (7) Reduced greenhouse gas emissions
According to the DEIR,compared to the proposed project, the Lower- Intensity Hotel Alternative would involve reduced building construction due to its smaller size, which would slightly reduce construction GHG emissions. It is expected that, similar to the proposed project, the Lower-Intensity Hotel Alternative would be designed so as to not conflict with the San Carlos Climate Mitigation and Adaptation Strategy and would not cause cumulative impacts to GHG Emissions. The reduced building space and number of rooms would also generate reduced operational GHG emissions when compared to the proposed project.

Overall, the Lower-Intensity Hotel Alternative would result in lessened GHG emission impacts compared to the proposed project.

The comment correctly quotes the greenhouse gas emissions impact analysis of the Lower-Intensity Hotel Alternative. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

PUB2-13 (8) Reduced Utilities and Services
Members of the public and environmental groups have frequently expressed concerns about extreme water and energy use by Life Sciences developments throughout San Carlos. The DEIR considers the cumulative impacts of this development and nine Life Sciences developments that are currently proposed. It concludes that reducing the size of the hotel is the environmentally superior alternative. The DEIR reads in part: Due to the reduced size of the Lower-Intensity Hotel Alternative, there would be fewer restrooms and showers than the proposed project, which would result in an overall lower level of water demand and wastewater generation.

Because the Lower-Intensity Hotel Alternative would involve a land use typical of the urban environment, it is expected the Lower- Intensity Hotel Alternative would not result in utility or service The comment correctly states that the Draft EIR considers the cumulative impacts of the proposed project with other development projects in the City and quotes the utilities and service systems impact analysis of the Lower-Intensity Hotel Alternative. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

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RESPONSE TO COMMENTS
5-16 OCTOBER 2023
Comment # Comment Response
demands that could not be met by service providers’ existing capacities.

Due to the decreased level of water demand and wastewater generation, overall utilities and service system impacts would be slightly lessened when compared to the proposed project. (Section 5-

15.)
PUB2-14 Conclusion
We respectfully request that you recommend the proposed Environmentally Superior Alternative because it will generate the least amount of environmental impacts without significantly impacting economic revenue generated by property and other taxes.

Thank you very much for considering our comments.

Respectfully,
Debbie and Gary Baldocchi, San Carlos residents
The comment serves as a conclusion to the preceding comments. The comment requests recommendation of the Lower Intensity Hotel Alternative. The comment has been noted. Please see Responses PUB2-3 through PUB2-13.

PUB3 9/1/2023 Chao Wu
PUB3-1 Dear Ms. Costa-Sanders:

Thank you again for arranging the public meeting with the San Carlos City Planning & Transportation Commission last week on August 21,2023 to discuss the DEIR dated August 11, 2023 for our subject Hotel Indigo development in San Carlos. Regarding the DEIR, we would like to formally put forth our comments on the two alternatives included in the DEIR.

The comment serves as an introduction to the comments that follow.

Please see Responses PUB3-2 through PUB3-4.

PUB3-2 DEIR ALTERNATIVES
We do realize that the alterative are required by CEQA but that alternatives discussion is not necessary since the subject DEIR has concluded that the proposed project with 188 rooms would not result in any potentially significant unavoidable environmental impacts. An alternative discussion is only required to provide the decision makers with a project alternative that would lessen or avoid environment impacts from a proposed project and, therefore, an The comment correctly states that the Draft EIR concluded no significant and unavoidable impacts due to the proposed project. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

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RESPONSE TO COMMENTS
PLACEWORKS 5-17
Comment # Comment Response
alternative is not required by CEQA to be chosen by the decision makers for our subject project.

PUB3-3 That said, we would like to point out the business and commercial non-viability of the two alterative:
• We do not need to discuss the first alternative - "No Project Alternative - Regional Retail" since that would not be a viable business model for the subject site.
• Regarding the second alterative - "Lower-lntensity Hotel Alternative", whereby our hotel room count would be reduced from 188 rooms to 120 rooms, we will lose our franchise with IHG for the Hotel Indigo brand, which is a specialty boutique brand managed by IHG, the second-largest hotel group in the world.
• In addition, with only 120 rooms, we would not be able to support @ 4,000 SF of conference/board room space, which would have to be drastically reduced in size.
• With only 120 rooms, we would not be able to provide a fulsome food & beverage (F&B) program at the hotel, which we hope could create an alternative in east San Carlos to other F&B options west of Industrial Road. In so doing, we can provide another amenity to future biotechnology office workers along Industrial Road and to existing east San Carlos residents, so that they would not have to travel by car to west San Carlos for F&B options.
• If the project is reduced to 120 hotel rooms, the City would lose at least $600,000 per annum on a pro forma basis in temporary occupancy tax (TOT) revenue as compared to TOT revenue
expected from the proposed 188-room hotel project.

The comment discusses the business and commercial non-viability of the two alternatives to the proposed project analyzed in the Draft EIR. The business and commercial viability of the proposed project is not in and of itself an impact under CEQA; therefore, no further response is warranted.

PUB3-4 Thank you for your kind attention on our comments on the DEIR alternatives. Please let us know if you should require additional information.

The comment serves as a conclusion to the preceding comments. Please see Responses PUB3-2 through PUB3-3.

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RESPONSE TO COMMENTS
5-18 OCTOBER 2023
Comment # Comment Response
Public Hearing
PH1 8/21/2023 San Carlos Planning and Transportation Commission PH1-1 Renee Strandness resident of Bayport Court encouraged the Applicant to plant substantial trees facing the neighborhood.

The comment encourages the project applicant to plant substantial trees facing the neighborhood. The comment has been noted. The comment does not address the adequacy of the analysis in the Draft EIR; therefore, no further response is warranted.

PH1-2 Debbie Baldocchi reminded the Commission that she submitted her public comment earlier today and addressed her concern that the water in the project area does not support tree growth. In addition, she shared other concerns including the left-hand turn into the development, water usage, sound barrier and fire in the project site.

The comment refers to a comment letter submitted during the public review period. Please see Comment Letter PUB2 and its responses.

The comment is concerned about tree growth due to water in the project area, left-hand turns into the development, water usage, sound barrier, and fire at the project site. As described in Chapter 3, Project Description, on page 3-9 of the Draft EIR, landscaping would use a fully automatic irrigation system designed to meet the City’s Water Efficient Landscape Ordinance including requirements for a “smart” controller with an onsite weather sensor to adjust run times to respond to real- time weather conditions, to conserve water use and implement water efficiency measures.

As discussed in Chapter 4.11, Transportation, on pages 4.11-15 through

4.11-16, the Left-Turn Study prepared for the proposed project (see Appendix H, Transportation, of the Draft EIR) conducted a left-turn queuing analysis to determine the 95th percentile queue length for the northbound left turn from Industrial Road to Holly Street and found that the length of the northbound left-turn lane on Industrial Road to Holly Street could be safely reduced from 275 feet to 150 feet to accommodate the proposed southbound left-turn storage lane along Industrial Road into the proposed project driveway. All roadway modifications proposed by the project would be designed and constructed to meet current City standards and therefore would result in a less-than-significant impact in terms of potentially increasing hazards related to design features.

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501 INDUSTIRAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

RESPONSE TO COMMENTS
PLACEWORKS 5-19
Comment # Comment Response
As concluded in Chapter 4.13, Utilities and Service Systems, on pages

4.13-10 through 4.13-13 of the Draft EIR, there is sufficient water available for the proposed project, no new water facilities or expansion of existing facilities would be required, and cumulative water demands would not exceed nor require building new water treatment facilities or expanding existing facilities beyond what is currently planned. The water demand for the proposed project was calculated based on the wastewater generation rate for hotels, as provided in the City’s Sewer Collection System Master Plan. Water demand was conservatively assumed to be 100 percent of the wastewater generation rate, as the City’s Sewer Collection System Master Plan was prepared in January 15, 2013 and, since that time, the sewer generation rates, and thus the water demand rates, have decreased significantly due to the implementation of water conservation efforts and low-flow plumbing fixtures. The outdoor water demand was estimated using the State’s MWELO water budget worksheet for non-residential landscapes. The proposed project would result in a water demand of 32.0 afy, which is approximately 0.2 percent of the 2025 Cal Water Mid-Peninsula District water demand and well within the growth projections of Cal Water’s Urban Water Management Plan.

Mitigation Measure NOI-1, as outlined in Chapter 4.10, Noise, on pages

4.10-11 through 4.10-12 of the Draft EIR, would require the a new temporary sound barrier/curtain along the project boundary between the construction zone and the Residence Inn hotel to the southeast if the current masonry wall along the boundary between the project site and the Residence Inn hotel to the southeast no longer exists at the time of project construction. A second temporary sound barrier would also be required along the southwest project boundary to reduce noise levels at the residences across Industrial Road. The temporary sound barrier shall have a minimum height of 8 feet and be free of gaps and holes (including from the ground). The barrier(s) should be constructed of either:
• a 0.75-inch-thick plywood wall; or

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November 27, 2023

Packet Pg. 370

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

RESPONSE TO COMMENTS
5-20 OCTOBER 2023
Comment # Comment Response
• a hanging blanket/curtain with a surface density of at least 2 pounds per square foot; or
• other similar sound attenuation feature that achieves equivalent reductions, should an alternative method be necessary based on-site constraints.

As described in Chapter 6, CEQA Mandated Sections, on page 6-3 of the Draft EIR, the proposed project site is not located in or near a state responsibility area, nor is it located within a very high fire-hazard severity zone. Therefore, construction of the proposed project would have no impact related to wildland fire and no mitigation would be required. As stated in Chapter 4.7, Hazards and Hazardous Materials, on page 4.17-20 of the Draft EIR, future development plans would include fire and emergency access through all phases of construction and operation. During construction, the proposed project would be required to comply with all applicable provisions of the California Fire Code to ensure fire safety during the construction phase. The project plans have been developed to be consistent with requirements for the provision of fire sprinklers, fire department access, fire hydrants, and water supply for fire protection.

Furthermore, Mitigation Measure TRAN-4 as outlined
in Chapter 4.11, Transportation, on page 4.11-16 of the Draft EIR, requires final approval of an Alternative Materials and Methods Request(s) (AMMR) from the City of San Carlos. The project applicant has provided that the AMMR has been approved by the Fire Chief of Redwood City for a single project site entry/exit with the requirement that there would be installation of an on-site electrically driven fire pump designed to supply automatic standpipes. Please see Comment PUB1-3 and Response PUB1-3 for more details.

PH1-3 Fred Wood resident of 919 McCue shared his concern about the raised property level, the sewage system and water table affecting the neighborhood. He also shared his concern of solar panels flying off the roof top and hitting in coming traffic.

The comment expresses concern about the raised property level, the sewage system, and water table affecting the neighborhood. As described in Chapter 4.8, Hydrology and Water Quality, on page 4.8-19 of the Draft EIR, the project site is within a 100-year flood zone designated as Zone AE with a base flood elevation of 10 feet. The

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November 27, 2023

Packet Pg. 371

501 INDUSTIRAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

RESPONSE TO COMMENTS
PLACEWORKS 5-21
Comment # Comment Response
elevations at the site range from approximately 9 to 10 feet above mean sea level, so flooding could occur in the event of a 100-year storm. The proposed project has been designed in accordance with Federal Emergency Management Agency (FEMA) and City requirements to minimize the potential for on-site and off-site flooding. The finished floor elevation has been set at 13 feet, which is three feet above the base flood elevation, as requested by the City.

As concluded in Chapter 4.13, Utilities and Service Systems, on pages

4.13-17 through 4.13-19 of the Draft EIR, the proposed project would be required to comply with CALGreen, which would result in a reduction of the amount of wastewater (sewage) generated and the proposed project would not require construction of new sewer infrastructure or expanded wastewater treatment facilities. Impacts would be less than significant.

As discussed in Chapter 4.8, Hydrology and Water Quality, on pages 4.8- 17 through 4.8-18 of the Draft EIR, the proposed project would connect to the existing water main beneath Industrial Road and direct additions or withdrawals of groundwater are not proposed by the project. While construction dewatering may be required due to the shallow depth of the groundwater beneath the project site, the limits on the quantity of groundwater discharge and temporary nature of the construction would assure that substantial lowering of the groundwater table would not occur. Additionally, the proposed project would be subject to the requirements of the Storm Water Pollution Prevention Plan (SWPPP), which include measures for spill prevention, control, and containment that would prevent potential construction pollutants from leaching into the shallow groundwater. Impacts would be less than significant.

The comment expresses concern regarding solar panels flying off the roof and hitting incoming traffic. Solar panel design and performance specifications will be part of the electrical engineering to be done in the next phase of the proposed project for construction documents. The

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November 27, 2023

Packet Pg. 372

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

RESPONSE TO COMMENTS
5-22 OCTOBER 2023

Comment # Comment Response
attachments of the solar panels to the solar awning framework will be engineered by the structural engineer to applicable building codes, including San Carlos Municipal Code Chapter 15.16, Streamlined Permitting Process for Small Residential Rooftop Solar Systems, and California Building Code Chapter 16, Structural Design, and Section 1609, Wind Loads, and using the design values for the local wind loads.

PH1-4 Solomon Liu addressed his concern on the safety of the left-turn lane from Industrial Road onto the property as there is an unprotected bike lane.

The comment expresses concern about the safety of the left-turn lane from Industrial Road onto the property due to an unprotected bike lane.

Industrial Road in front of the project site is a shared bike route without a striped bike lane. With the proposed project, a striped northbound bike lane would be provided along the project frontage, which would improve bicycle safety. Although the proposed project would add a left- turn pocket onto the project site, the change would not alter the geometry design of the roadway or cause an inadequate sight distance, as analyzed in Chapter 4.11, Transportation, on page 4.11-15 of the Draft EIR. Therefore, the proposed project would not adversely increase safety hazards to bicyclists going north along the project frontage.

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November 27, 2023

Packet Pg. 373

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November 27, 2023

Packet Pg. 374

ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE 2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
www.placeworks.com

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November 27, 2023

Packet Pg. 375

PLACEWORKS 1
Mitigation Monitoring and Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the 501 Industrial Road Hotel Project, herein referred to as the “proposed project” or “project.” The purpose of the MMRP is to ensure the implementation of mitigation measures identified as part of the environmental review for the proposed project. The MMRP includes the following information:
 The full text of the mitigation measures;
 The party responsible for implementing the mitigation measures;  The timing for implementation of the mitigation measures;  The agency responsible for monitoring the implementation; and  The monitoring action and frequency.

The City of San Carlos must adopt this MMRP , or an equally effective program, if it approves the proposed project with the mitigation measures that were adopted or made conditions of project approval.

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November 27, 2023

Packet Pg. 376

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
2 OCTOBER 2023
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency

AIR QUALITY
AQ-2: The project contractor shall comply with the Bay Area Air Quality Management District’s (BAAQMD) basic best management practices for reducing construction emissions of uncontrolled fugitive dust (coarse inhalable particulate matter [PM
10] and fine
inhalable particulate matter [PM2.5]):
 All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
 All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street
sweepers at least once per day. The use of dry power
sweeping is prohibited.
 All vehicle speeds on unpaved roads shall be limited to 15 mph.
 All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
 All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
 All trucks and equipment, including their tires, shall be washed off prior to leaving the project site.
 Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
 Publicly visible signs shall be posted with the telephone number and name of the person to contact at the City of San Carlos regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Construction
Contractors
Prior to and
During
Construction
City of San Carlos
Building Division
Review
Construction
Documents/
Conduct Site
Inspections
Once for Review
of Construction
Documents/
During Regularly
Scheduled
Construction Site
Inspections

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November 27, 2023

Packet Pg. 377

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
PLACEWORKS 3
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
BAAQMD’s General Air Pollution Complaints number shall
also be visible to ensure compliance with applicable
regulations.

AQ-3: Construction contractors shall use United States
Environmental Protection Agency Tier 4 Interim equipment for all off-road, diesel-powered construction equipment
of greater than
50 horsepower (HP) that are in use over 20 hours and Tier 4 Final equipment for all off-road, diesel-powered equipment of 50 or less HP that are in use over 20 hours, unless it can be demonstrated to the City of San Carlos Building Division that such equipment is not commercially available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier 4 Interim and Tier 4 Final engines similar to the availability for other large-scale construction projects in the city occurring at the same time and taking into consideration factors such as (i) potential significant delays to critical-path timing of construction and (ii) geographic proximity to the project site of Tier 4 Interim and Tier 4 Final equipment. Where such equipment is not commercially available, as demonstrated by the
construction contractor, Tier 3 equipment retrofitted with a California Air Resources Board’s Level 3 Verified Diesel Emissions Control Strategy shall be used. Furthermore, all diesel generators, if used, shall be fitted with a Level 3 diesel particulate filter (DPF).

The requirement to use Tier 4 Interim and Tier 4 Final equipment for all off-road, diesel-powered construction equipment in use Construction
Contractors
Prior to and
During
Construction
City of San Carlos
Building Division
Review
Construction
Documents/
Conduct Site
Inspections
Once for Review
of Construction
Documents/
During Regularly
Scheduled
Construction Site
Inspections

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November 27, 2023

Packet Pg. 378

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
4 OCTOBER 2023
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
over 20 hours, and the requirement for diesel-powered
generators fitted with Level 3 DPF shall be identified in construction bids. In addition, the following shall also be completed:
 Requirements for off-road equipment:
 Prior to construction, the project engineer shall ensure that all demolition and grading plans clearly show the
requirement for United States Environmental Protection
Agency Tier 4 Interim or higher emissions standards for all off-road, diesel-powered construction equipment in use
over 20 hours and the level 3 DPF for all diesel generators.  During construction, the construction contractor shall maintain a list of all operating off-road equipment in use over 20 hours on the construction site for verification by the San Carlos Building Division.
 The construction equipment list shall state the makes, models, Engine Identification Numbers, Engine Family
Numbers, and numbers of off-road construction
equipment on-site.
 To the extent that equipment is available and cost-
effective, contractors shall use electric, hybrid, or
alternate-fueled off-road construction equipment.
 Contractors shall use electric construction tools, such as saws, drills, and compressors, where grid electricity is available.
 Construction contractors shall also ensure that all
nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9.
 All sub-contracts and construction documents shall
identify that all non-essential idling of construction

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November 27, 2023

Packet Pg. 379

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
PLACEWORKS 5
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
equipment is restricted to 5 minutes or less in compliance with California Air Resources Board Rule 2449. The
construction contractor is responsible for ensuring that this requirement is met.
 Construction contractors shall water exposed surfaces at least three (3) times per day.
 Construction contractors shall apply non-toxic soil
stabilizers to exposed disturbed surfaces.

AQ-5: Implement Mitigation Measure AQ-3. See Mitigation Measure AQ-3.

CULTURAL RESOURCES
CULT-2: Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the CEQA Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan. Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate Construction
Supervisors,
Contractors, and
Equipment
Operators/
Licensed
Archaeologist, if
Resources are
Encountered
Prior to Ground
Disturbing
Activities and
During
Construction
City of San Carlos
Building Division
Confirm Training
and, if Resources
are Found, Review
and Approve
Avoidance and
Recovery
Measures
Once/Ongoing
During
Construction if
Discovery is Made

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November 27, 2023

Packet Pg. 380

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
6 OCTOBER 2023
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
resource recovery completed, project construction activity within the area of the find may resume.

CULT-3: In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on-site, or elsewhere.

Associated grave goods are to be treated in the same manner.

Construction
Contractors/
Consulting
Archaeologist, if
Resources are
Encountered
During
Construction
City of San Carlos
Building Division
If Resources are
Found, Review
and Approve
Treatment Plan
Ongoing During
Construction if
Discovery is Made

GEOLOGY AND SOILS
GEO-1: Project construction shall adhere to the recommendations of the October 21, 2019, Professional Service Industries Geotechnical Engineering Report for the Proposed Hotel Indigo, 501 Industrial Road, San Carlos, California (Project Geotechnical Report) which provides preliminary recommendations for site preparation, engineered fill, excavation, foundations, concrete slabs, below-grade walls, retaining walls, drainage, pavement, corrosivity, and construction monitoring.

Construction
Contractors/
Geotechnical
Engineer
Prior to the
Issuance of
Grading and/or
Building Permits
City of San Carlos
Building Division
Review Final
Project Plans
Once
GEO-6: In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery, as needed, in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the finding under the criteria set forth in California Environmental Construction
Contractors/
Consulting
Paleontologist
During
Construction
City of San Carlos
Building Division
If Resources are
Found, Review
and Approve
Excavation and
Mitigation Plan
Ongoing During
Construction if
Discovery is Made

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November 27, 2023

Packet Pg. 381

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
PLACEWORKS 7
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
Quality Act (CEQA) Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The plan shall be submitted to the City of San Carlos for review and approval prior to implementation.

NOISE
NOI-1: The project applicant shall incorporate the following practices into the construction contract specifications to be implemented by the construction contractor during the entire construction phase of the proposed project. The project applicant and contractors shall prepare a Construction Noise Control Plan that includes the following measures:
 The construction contractor shall appoint a liaison to coordinate directly with Residence Inn hotel management and the Greater Eastside Neighborhood Association on a
weekly basis throughout the entire project construction to discuss ongoing construction schedule updates and noise concerns. The appointed liaison shall provide their contact information to the hotel management at least 10 days
prior to the start of construction.
 A masonry wall exists along the boundary between the
project site and the Residence Inn hotel to the southeast.

This wall shall be maintained and extended to 10 feet in height during building construction or, if this wall is no longer existing at the time of project construction or is removed, the construction manager shall erect a new
temporary sound barrier/curtain along the project
boundary between the construction zone and the
Residence Inn hotel to the southeast. A second temporary Construction
Contractors/Proje
ct Applicant
Prior to Issuance
of Building
Permits
City of San Carlos
Building Division
Review and
Confirm
Construction
Specifications and
Construction
Noise Control
Plan/
Conduct Site
Inspections
Once/
During Regularly
Scheduled
Construction Site
Inspections

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November 27, 2023

Packet Pg. 382

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
8 OCTOBER 2023
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
noise barrier/curtain shall also be erected along the
southwest project boundary to reduce noise levels at the residences across Industrial Road. The temporary sound
barrier shall have a minimum height of 8 feet and be free of gaps and holes (including from the ground). The
barrier(s) should be constructed of either:
 a 0.75-inch-thick plywood wall; or
 a hanging blanket/curtain with a surface density of at least 2 pounds per square foot; or
 other similar sound attenuation feature that achieves equivalent reductions, should an alternative method be
necessary based on-site constraints.
 Construction trucks and equipment shall utilize the best available noise control techniques including improved
mufflers, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible.
 Impact tools (e.g., pneumatic or electrical impact wrench, gun, torque gun) shall be hydraulically or electrically powered. Where the use of pneumatic tools is
unavoidable, they shall include exhaust mufflers on the compressed air exhaust and external noise jackets on the tools.
 Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. The signs shall note that all other equipment shall be turned off if not in use for more than 5 minutes. The construction manager shall be responsible for enforcing these noise reduction requirements.
 During the entire active construction period, the use of noise-producing signals—including horns, whistles, alarms, and bells—shall be for safety warning purposes only. The

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November 27, 2023

Packet Pg. 383

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
PLACEWORKS 9
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
construction manager shall require the use of smart back- up alarms on equipment. (These devices automatically
adjust the alarm level based on the background noise
level.) Alternately, equipment back-up alarms may be
turned off and replaced with human spotters in
compliance with all safety requirements and laws.
 Stationary noise sources (e.g., generators and air
compressors) shall be located as far from the southeast and southwest property lines as possible, and they shall be muffled and enclosed within temporary sheds, insulation barriers, or other measures to reduce noise levels to
below 80 dBA Leq.
 Material stockpiles shall be located as far as feasible from the southeast and southwest property lines to reduce
noise from trucks and tractors.
 At least 10 days prior to the start of any construction activity on the project site, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representative that is assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the action to the City.

TRIBAL CULTURAL RESOURCES
TCR-1.1: Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or Construction
Supervisors,
Contractors, and
Equipment
Operators/
Licensed
Archaeologist, if
Prior to Ground
Disturbing
Activities and
During
Construction
City of San Carlos
Building Division
Confirm Training
and, if Resources
are Found, Review
and Approve
Avoidance and
Recovery
Measures
Once/Ongoing
During
Construction if
Discovery is Made

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November 27, 2023

Packet Pg. 384

501 INDUSTRIAL ROAD HOTEL FINAL EIR

CITY OF SAN CARLOS

MITIGATION MONITORING AND REPORTING PROGRAM
10 OCTOBER 2023
TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Party Responsible
for
Implementation
Implementation
Timing
Agency
Responsible for
Monitoring Monitoring Action
Monitoring
Frequency
construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the California Environmental Quality Act (CEQA) Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan.

Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

Resources are
Encountered
TCR-1.2: In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on-site, or elsewhere.

Associated grave goods are to be treated in the same manner.

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Packet Pg. 385

A-1
EXHIBIT C: FINDINGS OF FACT
Findings Regarding Significant Impacts and Mitigation Measures Pursuant to Public Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines Section 15091, the Planning Commission hereby makes these findings with respect to the potential for significant environmental impacts from approval and implementation of the proposed 501 Industrial Road Hotel Project ("proposed project") and the means for mitigating those impacts. For the purpose of these findings, the term “Environmental Impact Report” (EIR) refers to the Draft EIR and Final EIR documents collectively, unless otherwise specified.

These findings do not attempt to describe the full analysis of each environmental impact contained in the EIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the EIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the EIR. These findings hereby incorporate by reference the discussion and analysis in the EIR that support the EIR’s determinations regarding significant project impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the project.

In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the EIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. As shown below, all impacts would be less than significant with mitigation.

AIR QUALITY
Impact AQ-2: Uncontrolled fugitive dust (PM10 and PM2.5) could expose the areas that are downwind of construction sites to air pollution from construction activities without the implementation of the Air District’s best management practices.

Mitigation Measure AQ-2: The project contractor shall comply with the Bay Area Air Quality Management District’s (BAAQMD) basic best management practices for reducing construction emissions of uncontrolled fugitive dust (coarse inhalable particulate matter [PM10] and fine inhalable particulate matter [PM2.5]):
All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph.

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Packet Pg. 386

A-2
All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
All trucks and equipment, including their tires, shall be washed off prior to leaving the project site. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the City of San Carlos regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

The City of San Carlos Building Division shall verify compliance that these measures have been implemented during normal construction site inspections.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Mitigation Measure AQ-2 would ensure that the construction contractor complies with the Air District’s basic best management practices to reduce fugitive dust to less-than-significant levels.

Resulting Significance: Less than Significant
Impact AQ-3: Construction activities of the proposed project could expose sensitive receptors to substantial concentrations of toxic air contaminants, exceeding the applicable Air District threshold.

Mitigation Measure AQ-3: Construction contractors shall use United States Environmental Protection Agency Tier 4 Interim equipment for all off-road, diesel-powered construction equipment of greater than 50 horsepower (HP) that are in use over 20 hours and Tier 4 Final equipment for all off-road, diesel- powered equipment of 50 or less HP that are in use over 20 hours, unless it can be demonstrated to the City of San Carlos Building Division that such equipment is not commercially available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier 4 Interim and Tier 4 Final engines similar to the availability for other large-scale construction projects in the city occurring at the same time and taking into consideration factors such as (i) potential significant delays to critical-path timing of construction and (ii) geographic proximity to the project site of Tier 4 Interim and Tier 4 Final equipment. Where such equipment is not commercially available, as demonstrated by the construction contractor, Tier 3 equipment retrofitted with a California Air Resources Board’s Level 3 Verified Diesel Emissions Control Strategy shall be used. Furthermore, all diesel generators, if used, shall be fitted with a Level 3 diesel particulate filter (DPF). The requirement to use Tier 4 Interim and Tier 4 Final equipment for all off-road, diesel-powered construction equipment in use over 20 hours, and the requirement for diesel- powered generators fitted with Level 3 DPF shall be identified in construction bids. In addition, the following shall also be completed:

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Requirements for off-road equipment:
Prior to construction, the project engineer shall ensure that all demolition and grading plans clearly show the requirement for United States Environmental Protection Agency Tier 4 Interim or higher emissions standards for all off-road, diesel-powered construction equipment in use over 20 hours and the level 3 DPF for all diesel generators. During construction, the construction contractor shall maintain a list of all operating off-road equipment in use over 20 hours on the construction site for verification by the San Carlos Building Division.
The construction equipment list shall state the makes, models, Engine Identification Numbers, Engine Family Numbers, and numbers of off-road construction equipment on-site. To the extent that equipment is available and cost-effective, contractors shall use electric, hybrid, or alternate-fueled off-road construction equipment.
Contractors shall use electric construction tools, such as saws, drills, and compressors, where grid electricity is available.
Construction contractors shall also ensure that all nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9.
All sub-contracts and construction documents shall identify that all non-essential idling of construction equipment is restricted to 5 minutes or less in compliance with California Air Resources Board Rule 2449. The construction contractor is responsible for ensuring that this requirement is met. Construction contractors shall water exposed surfaces at least three (3) times per day. Construction contractors shall apply non-toxic soil stabilizers to exposed disturbed surfaces.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Mitigation Measure AQ-3 would reduce cancer risk impacts to the off-site residential maximum exposed individual resident (MEIR) from 24.0 in a million to 7.8 in a million. Thus, cancer risk at the MEIR would be reduced to below the Air District cancer risk threshold of 10 in a million.

Furthermore, PM2.5 concentrations at the maximum exposed individual worker would be reduced to 0.13 µg/m3 and would be below the significance threshold of 0.3 µg/m3. Therefore, health risk impacts from project-related construction activities would be reduced to less-than-significant levels with incorporation of mitigation.

Resulting Significance: Less than Significant
Impact AQ-5: Cumulative cancer risks from project-related construction activities and existing sources of toxic air contaminants (TACs) would exceed the applicable Air District cumulative threshold and could expose sensitive receptors to substantial cumulative concentrations of TACs.

Mitigation Measure AQ-5: Implement Mitigation Measure AQ-3.

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Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Incorporation of mitigation would reduce the proposed project’s mitigated construction risks combined with the risks associated with the existing TAC sources within 1,000 to below BAAQMD’s cumulative PM2.5 significance threshold. Therefore, cumulative localized impacts from TACs and PM2.5 would be reduced to less-than-significant levels with incorporation of mitigation.

Resulting Significance: Less than Significant

CULTURAL RESOURCES
Impact CULT-2: Implementation of the proposed project would have the potential to cause a substantial adverse change in the significance of an archaeological resource pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15064.5.

Mitigation Measure CULT-2: Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the CEQA Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan. Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Through Mitigation Measure CULT-2, an Archaeological Resource Awareness Training shall be conducted to have construction personnel become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. Implementation of this mitigation measure ensures that project implementation would avoid inadvertent damage to archaeological resources on the project site.

Resulting Significance: Less than Significant

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Impact CULT-3: Construction activities may result in unanticipated discovery of human remains interred outside of dedicated cemeteries.

Mitigation Measure CULT-3: In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on-site, or elsewhere. Associated grave goods are to be treated in the same manner.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Through Mitigation Measure CULT-3, any human burials or skeletal elements discovered on the project site shall be secured to prevent further disturbance, appropriate authorities shall be notified, and recommended protocols shall be followed. Implementation of this mitigation measure ensures that project implementation would avoid inadvertent damage to human burials or skeletal elements on the project site.

Resulting Significance: Less than Significant

GEOLOGY AND SOILS
Impact GEO-1: The proposed project would result in the placement of a new building in an area susceptible to ground shaking, potentially resulting in significant loss, injury, or death.

Mitigation Measure GEO-1: Project construction shall adhere to the recommendations of the October 21, 2019, Professional Service Industries Geotechnical Engineering Report for the Proposed Hotel Indigo, 501 Industrial Road, San Carlos, California (Project Geotechnical Report) which provides preliminary recommendations for site preparation, engineered fill, excavation, foundations, concrete slabs, below- grade walls, retaining walls, drainage, pavement, corrosivity, and construction monitoring.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Through Mitigation Measure GEO-1, project development would be designed to address geologic and geotechnical conditions that would have the potential to result in significant loss, injury, or death. Implementation of this mitigation measure ensures that implementation of the proposed project would address areas geologic hazards potentially resulting in significant loss, injury, or death.

Resulting Significance: Less than Significant

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Impact GEO-6: The proposed project could cause damage to, or destruction of, unknown paleontological resources or unique geologic features due to ground-disturbing construction.

Mitigation Measure GEO-6: In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery, as needed, in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the finding under the criteria set forth in California Environmental Quality Act (CEQA) Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The plan shall be submitted to the City of San Carlos for review and approval prior to implementation.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Through Mitigation Measure GEO-6, fossils or fossil-bearing deposits shall be protected from damage or destruction by halting work around the project site in the event of a discovery and notifying a qualified paleontologist to examine the discovery. Implementation of this mitigation measure ensures that project implementation would avoid the destruction of unknown paleontological resources or unique geologic features on the project site.

Resulting Significance: Less than Significant
NOISE
Impact NOI-1.1: Construction noise generated by the proposed project would exceed established threshold of 80 dBA Leq at the property line of the Residence Inn hotel during asphalt demolition, paving, and overlapping building construction, architectural coating, and paving phases.

Mitigation Measure NOI-1.1: The project applicant shall incorporate the following practices into the construction contract specifications to be implemented by the construction contractor during the entire construction phase of the proposed project. The project applicant and contractors shall prepare a Construction Noise Control Plan that includes the following measures:
The construction contractor shall appoint a liaison to coordinate directly with Residence Inn hotel management and the Greater Eastside Neighborhood Association on a weekly basis throughout the entire project construction to discuss ongoing construction schedule updates and noise concerns. The appointed liaison shall provide their contact information to the hotel management at least 10 days prior to the start of construction.
A masonry wall exists along the boundary between the project site and the Residence Inn hotel to the southeast. This wall shall be maintained and extended to 10 feet in height during building construction or, if this wall is no longer existing at the time of project construction or is removed, the construction manager shall erect a new temporary sound barrier/curtain along the project boundary between the construction zone and the Residence Inn hotel to the southeast. A second temporary

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noise barrier/curtain shall also be erected along the southwest project boundary to reduce noise levels at the residences across Industrial Road. The temporary sound barrier shall have a minimum height of 8 feet and be free of gaps and holes (including from the ground). The barrier(s) should be constructed of either:
a 0.75-inch-thick plywood wall; or
a hanging blanket/curtain with a surface density of at least 2 pounds per square foot; or other similar sound attenuation feature that achieves equivalent reductions, should an alternative method be necessary based on-site constraints. Construction trucks and equipment shall utilize the best available noise control techniques including improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible.
Impact tools (e.g., pneumatic or electrical impact wrench, gun, torque gun) shall be hydraulically or electrically powered. Where the use of pneumatic tools is unavoidable, they shall include exhaust mufflers on the compressed air exhaust and external noise jackets on the tools. Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. The signs shall note that all other equipment shall be turned off if not in use for more than 5 minutes. The construction manager shall be responsible for enforcing these noise reduction requirements. During the entire active construction period, the use of noise-producing signals—including horns, whistles, alarms, and bells—shall be for safety warning purposes only. The construction manager shall require the use of smart back-up alarms on equipment. (These devices automatically adjust the alarm level based on the background noise level.) Alternatively, equipment back-up alarms may be turned off and replaced with human spotters in compliance with all safety requirements and laws. Stationary noise sources (e.g., generators and air compressors) shall be located as far from the southeast and southwest property lines as possible, and they shall be muffled and enclosed within temporary sheds, insulation barriers, or other measures to reduce noise levels to below 80 dBA Leq. Material stockpiles shall be located as far as feasible from the southeast and southwest property lines to reduce noise from trucks and tractors.
At least 10 days prior to the start of any construction activity on the project site, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representative that is assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the action to the City.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Mitigation Measure NOI-1 would ensure compliance with construction best management practices to reduce noise pollution during demolition and construction. The incorporation of these practices into project construction ensures that implementation of the proposed project would minimize any increase in noise levels during demolition and construction.

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Resulting Significance: Less than Significant

TRIBAL CULTURAL RESOURCES
Impact TCR-1.1: Implementation of the proposed project may cause a substantial adverse change in the significance of a tribal cultural resource, as defined in Public Resources Code Section 21074.

Mitigation Measure TCR-1.1: Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the California Environmental Quality Act (CEQA) Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan. Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Through Mitigation Measure TCR-1.1, an Archaeological Resource Awareness Training shall be conducted to have construction personnel become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. Implementation of this mitigation measure ensures that project implementation would avoid inadvertent damage to unknown tribal cultural resources on the project site.

Resulting Significance: Less than Significant
Impact TCR-1.2: Implementation of the proposed project could cause a substantial adverse change in the significance of a tribal cultural resource pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.

Mitigation Measure TCR-1.2: In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be

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limited to, respectful scientific recording and removal, being left in place, removal and reburial on-site, or elsewhere. Associated grave goods are to be treated in the same manner.

Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR.

Rationale for Finding: Through Mitigation Measure TCR-1.2, any human burials or skeletal elements discovered on the project site shall be secured to prevent further disturbance, appropriate authorities shall be notified, and recommended protocols shall be followed. Implementation of this mitigation measure ensures that project implementation would avoid inadvertent damage to tribal burials on the project site.

Resulting Significance: Less than Significant
Findings Regarding Project Alternatives
The CEQA Guidelines require than an EIR describes a reasonable range of alternatives that would feasibly attain most of the basic project objectives but would avoid or substantially lessen any of the significant environmental effects of the project, and then evaluate the comparative merits of such alternatives. (CEQA Guidelines Section 15126(a)). For the purpose of these findings, the term “EIR” refers to the Draft EIR and Final EIR documents collectively, unless otherwise specified.

SIGNIFICANT IMPACTS
Based on the analyses in Chapter 4 of the Draft EIR, the City has determined that all of the proposed project’s potentially significant environmental effects would be avoided or reduced to less-than- significant levels through implementation of the mitigation measures described in the EIR.

ALTERNATIVES CONSIDERED
Through the environmental review process, the City identified two (2) potential project alternatives for consideration. The following alternatives are evaluated in Chapter 5, Alternatives, of the Draft EIR:
No Project Alternative. Under the No Project Alternative, the proposed project would not be constructed, and it is assumed that the project site would be developed adhering to existing zoning regulations. Because the land is zoned Landmark Commercial, which is targeted for regional retail and destination-oriented uses, this alternative assumes that the project site would be developed with a regional retail establishment. While the precise size, design, and site layout of the retail development is not known, it is assumed that it would occupy a similar footprint as the proposed project (approximately 31,000 square feet) and would be built to a maximum of three stories, for a total square footage of approximately 93,000 gross square feet. The overall building size would therefore be smaller in size than the proposed project, which would be 136,000 gross square feet and six stories tall.
Lower-Intensity Hotel Alternative. The Lower-Intensity Hotel Alternative is intended to reduce construction noise impacts by adjusting the height of the proposed project to decrease the length of construction activities. Consistent with the LC district maximum allowable height, the hotel in this

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alternative would be built to a maximum height of 50 feet. The Lower-Intensity Hotel Alternative would involve a four-story hotel with 120 rooms. With the exception of the reduced height and the room number, the configuration and site plan of the hotel would remain unchanged under this alternative when compared to the proposed project.

The primary purpose of an EIR’s alternative analysis is to identify and evaluate possible alternatives to the proposed project that can avoid or substantially lessen the project’s significant environmental effects while still achieving the basic objectives of the project. The project applicant has developed the following project objectives contained within their application submittal:
Provide a design-forward boutique hotel, one of the few on the Peninsula. Implement design and utilize materials in current and artful ways to celebrate the past, present, and future, with a focus on technology and community.
Reduce vehicular traffic with the project location's proximity to its customer base. Install landscaping to help identify the area as a Gateway to San Carlos. Contribute to increasing the City's tax base by providing 188 rentable hotel rooms. Create a desirable location for the community by providing a ground-floor restaurant and bar with outdoor patio and 4,000 square feet of rentable meeting and event space that can be utilized by the community

ENVIRONMENTALLY SUPERIOR ALTERNATIVE
The environmentally superior alternative is the alternative that would be expected to generate fewer significant impacts. In addition to the discussion and comparison of impacts of the project and the alternatives, Section 15126.6 of the CEQA Guidelines requires that an “environmentally superior” alternative be identified. Identification of the environmentally superior alternative is an informational procedure and the alternative identified may not be the alternative that best meets the goals or needs of the project applicant or the City of San Carlos.

The No Project Alternative would result in fewer impacts than the proposed project and is therefore considered the environmentally superior alternative. However, in accordance with State CEQA Guidelines Section 15126.6(e)(2), if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. In this case, the Lower-Intensity Hotel Alternative would be the next environmentally superior alternative.

FINDINGS REGARDING ALTERNATIVES
As further set forth below, the City has considered the possible alternatives identified and analyzed in the EIR and has elected to approve the proposed project described in Chapter 3, Project Description, of the Draft EIR. None of the alternatives would meet all the project objectives and the City finds that the alternatives would be infeasible for specific economic, social, or other considerations pursuant to CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3). Based on the evaluation and analysis of project alternatives set forth in Chapter 5 of the Draft EIR, and on the entire record of proceedings for the proposed project, the City hereby makes the following findings:

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Findings Relating to the No Project Alternative. The City considered a No Project Alternative and declines to adopt it because it is inconsistent with the project objectives. Under the No Project Alternative, the proposed project would not be constructed, and it is assumed that the project site would be developed adhering to existing zoning regulations. This alternative would not provide one of the few design -forward boutique in the Peninsula, reduce vehicular traffic with the project location’s proximity to its customer base, or contribute to increasing the City’s tax base by providing 188 rentable rooms. For these reasons, this alternative is infeasible as it fails to meet half of the project’s objectives, as supported by the administrative record for the proposed project. Findings Relating to the Lower-Intensity Hotel Alternative. The City considered a Lower-Intensity Hotel Alternative. As most of the project components would remain the same under the Lower- Intensity Hotel Alternative, this alternative would fulfill almost all of the project objectives and would result in an overall level of impact compared to the proposed project for the environmental topic areas of air quality, energy, greenhouse gas emissions, noise, and utilities and service systems.

However, the Lower-Intensity Hotel Alternative would not meet the project objective of contributing to increasing the City's tax base by providing 188 rentable hotel rooms, as this alternative would provide 120 rooms instead, resulting in a diminution of potential tax revenue to the City.

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF SAN CARLOS APPROVING THE
501 INDUSTRIAL ROAD PROJECT PLANNED DEVEOPMENT PLAN AND

RELATED ZONING MAP AMENDMENT TO REZONE THE PROJECT SITE

FROM LANDMARK COMMERCIAL (LC) TO PLANNED DEVELOPMENT (PD) AT 501 INDUSTRIAL ROAD (APN 046-090-410).

RECITALS
WHEREAS, pursuant to Title 18 of the City of San Carlos Municipal Code (the “Zoning Code”), RYS Architects, on behalf of Holly Hotel Group, LLC, filed an application for approval of a Planned Development Plan and accompanying Zoning Map Amendment for the development of a Hotel Project at 501 Industrial Road (APN 046-090-410); and WHEREAS, by Resolution PTC2023-18, adopted on November 6, 2023, the Planning and Transportation Commission recommends the City Council certify the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan pursuant to the California Environmental Quality Act (CEQA) for the implementation of the mitigation measures outlined in the Environmental Impact Report; and
WHEREAS, at a duly noticed public hearing held on November 6, 2023, the Planning and Transportation Commission approved the Design Review Permit and Transportation Demand Management Plan; and
WHEREAS , by Resolution PTC2023-19, adopted on November 6, 2023, the Planning and Transportation Commission recommends the City Council approve the Zoning Map Amendment as set forth in Attachment 1, Exhibit A to this Resolution and adopt the Planned Development (PD) Plan as set forth in Exhibit B to this Resolution; and WHEREAS, by Resolution 2023-__, adopted _____, 2023, the City Council made findings and certified the Final Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA) for the implementation of the mitigation measures outlined in the EIR; and WHEREAS, the City Council of the City of San Carlos held a duly noticed public hearing on November 27, 2023 and introduced an ordinance amending the Zoning Map to change the site from Landmark Commercial Zoning District (LC) to Planned Development Zoning District (PD) and adopted the Planned Development Plan.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:

SECTION 1: The Zoning Map of San Carlos is hereby amended to change the site from Landmark Commercial (LC) District to Planned Development (PD) District (Exhibit A), by the adoption of a Planned Development Plan for the construction of a new 118,884 square feet hotel building with 188 guest rooms and 148 on-site parking spaces. The building is designed in two wings, with the north wing at six stories and 74’-4” to the parapet and 81’-8” to the top of the roof tower and the west wing at four stories and 43’-7” to the top of the parapet. The hotel project includes meeting

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spaces, a restaurant and landscape improvements on the 2.06-acre site located at 501 Industrial Road (APN 046-090-410) as shown on the plans prepared by RYS Architects dated August 9, 2023 (Exhibit B).

SECTION 2: That the City Council hereby adopts the Plan of Development filed as “Hotel Indigo, 501 Industrial Road” attached hereto as Exhibit B. This plan indicates the location of the proposed building, the size of the building, the parking to be provided and areas to be landscaped.

Standards of Development are as follows:

1. The land use regulations for the PD zone shall be those uses allowed in the Landmark Commercial (LC) Zoning District.

2. The building shall be situated on the property in accordance with the Plan of Development (attached hereto as Exhibit B) prepared by RYS Architects, dated August 9, 2023. This plan indicates the location of the building, the size of the building, the parking to be provided and areas to be landscaped.

3. The project shall comply with the current zoning standards in effect except as follows:
i. The maximum building height is limited to 74’-4” to the parapet and 81’-8” to the top of the roof tower. The maximum building height for the west wing along Industrial Road is 43’-7” to the top of the parapet. ii. Parking is permitted within 40’ of a street facing property line. iii. Minimum site landscaping shall be 12.5% of the site area. iv. On-site parking shall be 148 parking spaces.
v. The total sign area shall be 260 square feet maximum. Rooftop signage is permitted.

4. The project shall be constructed in accordance with all requirements of the Environmental Impact Report, Mitigation Monitoring & Reporting Plan, Design Review Certificate and Transportation Demand Management Plan.

SECTION 3: Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 4: Publication and Effective Date. 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.
* * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 27th day of November, 2023 and passed and adopted as an Ordinance of the City Council of

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the City of San Carlos at a regular meeting thereof held on the ____ day of ____, 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. Zoning Map
B. Planned Development Plan
C. Findings

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EXHIBIT A

SAN CARLOS ZONING MAP
501 Industrial Road (APN 046-090-410) zone to Planned Development (PD) PD

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EXHIBIT C

REQUIRED FINDINGS FOR PLANNING AND TRANSPORTATION COMMISSION

CONSIDERATION
501 Industrial Road Hotel Project
Planned Development Zoning and Planned Development Plan Findings:

In considering whether to recommend the Planned Development Zoning designation and Planned Development Plan, the Planning and Transportation Commission must consider the following findings.

A. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply.

Basis for Finding: The proposed hotel development is consistent with the General Plan as described in Staff Report and listed below under General Plan findings. The General Plan classification of General Commercial Industrial does not have an intensity limitation. The project complies with the LC Zoning District development standards except for height, parking location and landscaping. The project site is not subject to an adopted Specific Plan. The project provides amenities for the community and reduces congestion through coordinated transportation strategies.

B. The subject site is physically suitable for the type and intensity of the land use being proposed;
Basis for Finding: The proposed project is consistent with the General Plan land use classification, which seeks to allow a wide range of uses that support economic development for the City. The hotel is intended to serve the expanding office and life science developments in the City. The

2.06-acre site is large enough to accommodate the intensity of development while providing landscaping, adequate on-site circulation and emergency access.

C. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of PD plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;
Basis for Finding: The City has undertaken an environmental review of the project as required by the California Environmental Quality Act (CEQA), including a complete Environmental Impact Report and a separate Transportation Impact Analysis. The analysis concluded that there will not be a significant impact in traffic levels of service associated with the project. There are no anticipated public service concerns associated with the project that would be detrimental to the public health, safety, or welfare.

D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
Basis for Finding: The project construction of a hotel building with surface parking and landscape improvements. As described above, the hotel development use would be compatible with

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surrounding residential, as well as industrial and commercial uses in the surrounding area. The building is designed with lower heights and street trees along the Industrial Road frontage immediately adjacent to the residential neighborhood.

The project has been designed to be in scale with other newer developments in the east side industrial area including PAMF, 825/835 Industrial Road and 405 Industrial and 841 Old County Road. The taller portion of the building is along the Holly Street and US 101 frontages.

E. The development generally complies with applicable adopted design guidelines; and Basis for Finding: The City does not have adopted design guidelines. The project has undergone review by City staff to ensure quality architecture.

F. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

1. Appropriateness of the use(s) at the proposed location.

2. The mix of uses, housing types, and housing price levels.

3. Provision of units affordable to persons and families of low and moderate income or to lower income households.

4. Provision of infrastructure improvements.

5. Provision of open space.

6. Compatibility of uses within the development area.

7. Creativity in design and use of land.

8. Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9. Overall contribution to the enhancement of neighborhood character and the environment of San Carlos in the long term.

Basis for Finding: The proposed development complies with the uses outlined in its General Plan and Zoning designations. The project complies with the LC Zoning District development standards except for height, landscaping and parking location. Redevelopment of the project site would include infrastructure improvements, new sidewalks and landscaping. The building is designed to be compatible with the adjacent residential neighborhood with lower heights and landscape screening.

GENERAL PLAN POLICIES
The site at 501 Industrial Road has a General Plan land use designation of General Commercial/ Industrial. The proposed Hotel project is consistent with the following General Plan Polices:
•LU-3.10: Encourage the creation of safe, walkable environments that include elements such as wide, smooth sidewalks, good lighting, safe crosswalks, clear signage, curb bulb-outs, curb cuts, street furniture and trees and traffic-calming measures which allow people of all ages and abilities to exercise and safely access public transportation, community centers and schools and goods and services.
•LU-5.2: Implement the City’s adopted Economic Development Plan, which is updated annually as it relates to supporting the local economy.

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•LU-5.3: Support and encourage businesses and land uses that contribute to the City’s financial viability.
•LU-5.7: Support high-wage industries that provide quality jobs for workers at all education levels.
•LU-5.11: Continue to require developers to pay their fair share of the capital cost of public facilities through appropriate development impact and utility connection fees. •LU-5.15: Promote economic revitalization on underutilized parcels designated for higher intensity land uses.
•LU-6.1: Support commercial/industrial activity and businesses on the East Side. •LU-6.2: Prohibit the conversion of property designated for industrial/commercial land on the East Side to non-industrial/commercial uses. Ensure proposed new uses in the East Side do not introduce land use conflicts that would adversely impact industrial/ commercial activities.
•LU-6.3: Support the expansion of key growth industries while maintaining the overall diversity of land uses within East Side employment areas. •LU-6.6: Encourage new development on the East Side to feature high quality architecture that reinforces the character of the area. •LU-8.1: Require all development to feature high quality design that enhances the visual character of San Carlos.
•LU-8.3: Encourage design features and amenities in new development and redevelopment, including, but not limited to:
oLandscaping on each lot
oVisual buffers.
oFacilitation of pedestrian activity.
oDistinctiveness and variety in architectural design
•LU-8.5: Optimize architectural quality by encouraging the use of quality materials, particularly as accents and authentic detailing, such as balconies and window trims. •LU-8.8: Encourage design of convenient pedestrian walkways with shade and minimal tripping hazards, preferably with landscape buffers.
•LU-8.9: Encourage the design of attractive outdoor pedestrian spaces that encourage impromptu public gathering places with features such as plazas, interior walkways and paseos, ornamental gates, trellises, lighting, trees and landscaping, seating and fountains.
•LU-8.10: On all sides of buildings, require the incorporation of quality architectural design elements for all building façades and stepping back upper floors in order to reduce bulk and mass and to break up monotonous wall lines. •LU-8.18: Encourage “green building” practices in new development and redevelopment, such as those that make a building more energy efficient and reduces its effect on human health and the environment through better siting, design, construction, maintenance and operation.
•CSH-3.3 Support the incorporation of Transportation Demand Measures in new development to reduce traffic impacts.
•CSH-3.11: New developments and businesses shall be required to provide adequate loading, unloading and delivery areas, and/or shall be required to conduct such activities during nonbusiness/ peak hours.

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4887-5692-5068 v2
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SAN CARLOS

APPROVING A DEVELOPMENT AGREEMENT WITH HOLLY HOTEL GROUP, LLC, FOR THE 501 INDUSTRIAL ROAD HOTEL PROJECT.

WHEREAS, Holly Hotel Group, LLC, a California limited liability company, is the fee owner of the property located at 501 Industrial Road, San Carlos, California and identified as Assessor Parcel Numbers 046-090-430 (the “Property”);
WHEREAS, pursuant to Title 18 of the City of San Carlos Municipal Code (“SCMC”) and California Government Code Sections 65864 to 65869.5, Holly Hotel Group, LLC, filed an application for approval of a Development Agreement for the Property in conjunction with its application for a Planned Development Plan and accompanying Zoning Map Amendment, Design Review and Transportation Demand Management Plan to facilitate the development of a 188- room Hotel with meeting space, restaurant, surface parking and landscape improvements (the “Project”); and
WHEREAS, by Resolution PTC2023-18 adopted on November 6, 2023, the Planning and Transportation Commission recommended the City Council certify the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan pursuant to the California Environmental Quality Act (CEQA) for the implementation of the mitigation measures outlined in the Environmental Impact Report; and
WHEREAS, by Resolution PTC2023-19, adopted on November 6, 2023, the Planning and Transportation Commission recommended that the City Council adopt an ordinance approving the Zoning Map Amendment to change the site from Landmark Commercial (LC) Zoning District to Planned Development (PD) Zoning District and adopt the Planned Development Plan; and WHEREAS, the Planning and Transportation Commission discussed the specific terms of the Development Agreement and recommended that the City Council approve the Development Agreement by Resolution PTC-2023-20, adopted on November 6, 2023; and WHEREAS, at a duly noticed public hearing held on November 6, 2023, the Planning and Transportation Commission approved the Design Review and the Transportation Demand Management Plan, subject to approval of the Planned Development Plan and effective on the effective date of the Planned Development Plan; and
WHEREAS, by Resolution 2023-__, adopted November 27, 2023, the City Council made findings and certified the Final Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA) for the implementation of the mitigation measures outlined in the EIR; and
WHEREAS, the City Council of the City of San Carlos held a duly noticed public hearing on November 27, 2023 and introduced an ordinance amending the Zoning Map to change the site from Landmark Commercial District (LC) to Planned Development Zoning District (PD) and adopted the Planned Development Plan; and
WHEREAS, the City Council of the City of San Carlos held a duly noticed public hearing regarding the adoption of the Development Agreement on November 27, 2023.

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4887-5692-5068 v2
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NOW THEREFORE THE CITY OF SAN CARLOS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds that the Project is a development for which a development agreement is appropriate in order to: 1) eliminate uncertainty in the City’s land use planning for the project and provide for the orderly development of the project; 2) assure installation of necessary improvements on the property; 3) provide for the public infrastructure and services appropriate to the development of the project; 4) secure City improvements that benefit the community; 5) provide for the developer to deliver community benefits in excess of those that the City could require as conditions of approval; and 6) otherwise achieve the goals and purposes of Chapter 18.37 of the SCMC.

SECTION 2: The City Council finds that the Development Agreement is consistent with the General Plan as described in Exhibit A.

SECTION 3: The City Council hereby approves the Development Agreement included as Exhibit B and the City Manager is hereby authorized to execute the Development Agreement on behalf of the City. The City Manager is further authorized, with concurrence of the City Attorney, to approve minor, non-monetary amendments to the Development Agreement that are necessary for the development of the Project as contemplated in the Development Agreement.

SECTION 4: Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 5: Publication and Effective Date. 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.
* * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 27th day of November, 2023 and passed and adopted as an Ordinance of the City Council of the City of San Carlos at a regular meeting thereof held on the ____ day of ____, 2023 by the following vote:
______________________________
CITY CLERK of the City of San Carlos
APPROVED:

MAYOR of the City of San Carlos
Exhibits:

A. Consistency with the General Plan
B. Development Agreement

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4887-5692-5068 v2
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Exhibit A
Development Agreement Finding:

In considering whether to approve the Development Agreement, the City Council must find the Development Agreement consistent with the General Plan.

Basis for Finding: The Development Agreement and provision of community benefits including community and non-profit use of the meetings room are consistent with the following General Plan policies:

ACTION LU-7.5 Encourage new and existing commercial development to incorporate accessible roof gardens, public plazas, public courtyards and passageways, landscaping, public art and other desired public amenities beyond those specified during the normal City review process.

POLICY LU-9.15 In prioritizing uses for in-kind benefits or bonuses offered by a project developer, uses benefiting the neighborhood in which the development is occurring shall be considered.

POLICY PR-5.5 Continue to support community events, volunteers and non-profits.

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4887-5692-5068 v2
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Exhibit B
Development Agreement

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4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attn: City Clerk
Record Without Fee
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only

DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF SAN CARLOS
AND

HOLLY HOTEL GROUP, LLC
REGARDING 501 INDUSTRIAL ROAD
Effective Date: ____________________

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TABLE OF CONTENTS
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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx ARTICLE 1 DEFINITIONS............................................................................................................3

1.1 Definitions................................................................................................................3 ARTICLE 2 GENERAL PROVISIONS .........................................................................................6

2.1 Ownership of Property.............................................................................................6

2.2 City Representations and Warranties.......................................................................7

2.3 Developer Representations and Warranties.............................................................7 ARTICLE 3 EFFECTIVE DATE AND TERM ..............................................................................7

3.1 Effective Date ..........................................................................................................8

3.2 Term of Agreement..................................................................................................8 ARTICLE 4 DEVELOPMENT OF THE PROPERTY...................................................................9

4.1 Vested Rights...........................................................................................................9

4.2 Applicable City Regulations....................................................................................9

4.3 Regulation by Other Public Agencies....................................................................10

4.4 Life of Project Approvals.......................................................................................10

4.5 No Affirmative Obligation to Develop; Timing of Development. ........................10

4.6 Developer’s Right to Rebuild ................................................................................10

4.7 State and Federal Law............................................................................................11

4.8 Compliance with Laws ..........................................................................................11

4.9 Moratoria................................................................................................................11

4.10 Project Approvals and Applicable City Regulations .............................................11 ARTICLE 5 FEES AND EXACTIONS........................................................................................11

5.1 Impact Fees ............................................................................................................11

5.2 Processing Fees......................................................................................................12

5.3 Other Agency Fees.................................................................................................12

5.4 Connection Fees.....................................................................................................12

5.5 Exactions................................................................................................................12

5.6 Taxes and Assessments..........................................................................................12 ARTICLE 6 PUBLIC BENEFITS.................................................................................................13

6.1 Public Benefits Obligations ...................................................................................13

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6.2 Extended Stay Prohibition. ....................................................................................13

6.3 Nonprofit Use of Rental Spaces.............................................................................13

6.4 Sales Tax Point of Sale Designation......................................................................14 ARTICLE 7 ANNUAL REVIEW .................................................................................................15

7.1 Annual Review.......................................................................................................15

7.2 Failure to Conduct Annual Review........................................................................16 ARTICLE 8 COOPERATION AND IMPLEMENTATION........................................................16

8.1 Subsequent Approvals ...........................................................................................16

8.2 Scope of City Review. ...........................................................................................16

8.3 Processing Applications for Subsequent Approvals..............................................16 ARTICLE 9 AMENDMENT OF AGREEMENT AND PROJECT APPROVALS.....................17

9.1 Amendment by Written Consent ...........................................................................17

9.2 Major Amendments to Agreement.........................................................................17

9.3 Minor Amendment.................................................................................................17

9.4 Operating Memoranda. ..........................................................................................17

9.5 Requirement for Writing........................................................................................18

9.6 CEQA/Mitigation Measures ..................................................................................18 ARTICLE 10 INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE........................................................................................................18

10.1 Indemnity and Hold Harmless ...............................................................................18

10.2 Defense and Cooperation in the Event of a Litigation Challenge .........................18 ARTICLE 11 ASSIGNMENT AND TRANSFER........................................................................19

11.1 Assignment ............................................................................................................19

11.2 Release of Developer.. ...........................................................................................20

11.3 Successive Assignment..........................................................................................20 ARTICLE 12 MORTGAGEE PROTECTION..............................................................................20

12.1 Mortgagee Protection.............................................................................................20

12.2 Mortgagee Not Obligated ......................................................................................20

12.3 Notice of Breach to Mortgagee..............................................................................21

12.4 No Supersedure......................................................................................................21

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx ARTICLE 13 DEFAULT; REMEDIES; TERMINATION ..........................................................21

13.1 Breach and Default ................................................................................................21

13.2 Failure to Cure Default Procedure .........................................................................22

13.3 Termination or Modification..................................................................................22

13.4 Specific Performance for Violation of a Condition ...............................................22

13.5 Legal Actions.........................................................................................................22

13.6 Rights and Remedies Are Cumulative...................................................................22

13.7 No Damages...........................................................................................................22

13.8 Resolution of Disputes...........................................................................................23

13.9 Remedies upon Transfer or Assignment................................................................23

13.10 Appeals to City Council.........................................................................................23

13.11 Surviving Provisions..............................................................................................23 ARTICLE 14 GENERAL PROVISIONS .....................................................................................23

14.1 Covenants Binding on Successors and Assigns and Run with Land.....................23

14.2 Notice.....................................................................................................................24

14.3 Counterparts...........................................................................................................24

14.4 Waivers ..................................................................................................................24

14.5 Construction of Agreement....................................................................................25

14.6 Headings ................................................................................................................25

14.7 Severability ............................................................................................................25

14.8 Time is of the Essence ...........................................................................................25

14.9 Signatures...............................................................................................................25

14.10 Entire Agreement...................................................................................................25

14.11 Estoppel Certificate................................................................................................25

14.12 Recordation of Termination...................................................................................26

14.13 City Approvals and Actions...................................................................................26

14.14 Negation of Partnership .........................................................................................26

14.15 No Third Party Beneficiaries .................................................................................26

14.16 Joint and Several....................................................................................................26

14.17 Governing State Law .............................................................................................26

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14.18 Recordation............................................................................................................26

14.19 Exhibits ..................................................................................................................26

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx DEVELOPMENT AGREEMENT FOR 501 INDUSTRIAL ROAD
This Development Agreement (“Agreement”), dated as of the ___________, 2023 (the “Effective Date”), is entered into by and between the CITY OF SAN CARLOS, a California municipal corporation (“City”) and HOLLY HOTEL GROUP, LLC, a California limited liability company (the “Developer”). Developer and City may be referred to individually in this Agreement as a “Party” and collectively as the “Parties.”

R E C I T A L S
This Agreement is entered into on the basis of the following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Article 1 of this Agreement.

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

B. In accordance with the Development Agreement Statute, the City Council of the City of San Carlos has adopted a development agreement ordinance codified as Chapter 18.37 of the City’s Municipal Code (“Development Agreement Ordinance”), which authorizes the execution of development agreements and set forth the required contents and form of those agreements. The provisions of the Development Agreement Statute and the City’s Development Agreement Ordinance are collectively referred to herein as the “Development Agreement Law.”
C. Developer is the fee owner of that certain approximately 2.09 acre property located at 501 Industrial Road, San Carlos, California, designated as Assessor’s Parcel No. 046- 090-430, as more particularly described and depicted in Exhibit A attached hereto (“Property”).

D. The Property is currently vacant. Developer intends to construct an approximate 188-room boutique hotel on the Property featuring a restaurant with indoor dining and an outdoor dining area, a courtyard area, ground-level vehicle parking, bicycle parking, bicycle storage room, employee showers and locker rooms, and an approximate 750 square foot boardroom and an approximate 2,900 square foot event space each of which will be available for rental (the “Hotel” or the “Project”).

E. Pursuant to the California Environmental Quality Act and its associated regulations (Public Resources Code section 21000 et seq. and the CEQA Guidelines at California Code of Regulations, Title 14, section 15000 et seq.) (together and as they may be amended, “CEQA”), City prepared a Draft Environmental Impact Report for the Project and circulated it

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F. Prior to or concurrently with approval of this Agreement, the City has or will take several actions to review and plan for the future development and use of the Project (collectively, the “Existing Approvals”). These include:

1. Certification of the EIR as adequate under CEQA by Resolution No. ___, adopted by the City Council on ________;

2. Approval of the Mitigation, Monitoring and Reporting Plan by Resolution No. ___, adopted by the City Council on ________;

3. Approval of rezoning and Planned Development Plan by Ordinance No. ________ adopted by the City Council on _____________;

4. Approval of a Sign Program by the _____ on _________;

5. Approval of Transportation Demand Management Plan by the Planning Commission by Resolution No. _____ on ______;

6. Approval of Design Review Certificate by the Planning Commission on _______; and

7. Approval of Grading & Dirt Haul Certificate by the Planning Commission on ______.

G. City has determined that by entering into this Agreement, City will further the purposes set forth in the Development Agreement Ordinance and City will derive community benefits from the Project, including: 1) transient occupancy tax to be collected from the Hotel pursuant to Municipal Code Chapter 3.24 (“Transient Occupancy Tax”), 2) waiver of the rental fee, setup fee, and cleanup fee for nonprofit organizations’ use of the 750 square foot boardroom and 2,900 square foot event space in the Hotel for a certain numbers of per year, 3) the Hotel’s promise not to operate the Hotel as an Extended Stay Hotel, and 4) providing a sales tax point of sale designation for certain construction and development of the Project to allow distribution of sales taxes to the City instead of through a county-wide pool.

H. City finds that this Agreement will promote orderly growth and quality development in accordance with the goals and policies set forth in the General Plan; is compatible with the uses authorized in, and the regulations prescribed for, the district in which the Property is located; will promote the public convenience, general welfare, and good land use practice; will not be detrimental to the health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property value; and will promote and encourage the development of the Project by providing a greater degree of requisite certainty.

I. For the reasons recited herein, City and Developer have determined that the Project is a development for which this Agreement is appropriate. This Agreement will

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx eliminate uncertainty regarding Project Approvals, thereby encouraging planning for, investment in, and commitment to use and development of the Property. Development of the Property in accordance with the terms of this Agreement will in turn provide substantial public benefits to the City, thereby achieving the goals and purposes for which the Development Agreement Law was enacted.

L. The terms and conditions of this Agreement have undergone review by City staff, the Planning Commission and the City Council at publicly noticed meetings, and have been found to be fair, just and reasonable, in conformance with the Development Agreement Law and the goals, policies, standards and land use designations specified in the General Plan, and consistent with the requirement under Government Code Section 65867.5, and further, the City Council finds that the economic interests of City’s citizens and the public health, safety and welfare will be best served by entering into this Agreement.

M. On _____________, the City Council introduced Ordinance No. _________ (“Enacting Ordinance”) approving this Agreement and authorizing its execution, and adopted the Enacting Ordinance on ____________. That Ordinance became effective on _______________.

A G R E E M E N T
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:

ARTICLE 1

DEFINITIONS

1.1 Definitions.
“Affiliate” means, in reference to a specified entity, any entity that directly or through intermediaries Controls, is Controlled by, or is under Common Control with the specified entity. “Agreement” means this Development Agreement between City and Developer, including all Exhibits hereto.
“Applicable City Regulations” is defined in Section 4.2.2. “Applicable Law” means the Applicable City Regulations and all State and Federal laws and regulations applicable to the Property and the Project. “CEQA” is defined in Recital E.
“Changes in the Law” is defined in Section 4.7.
“City” means the City of San Carlos, a municipal corporation. “City Council” means the City Council of the City of San Carlos.

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx “City Manager” means City’s City Manager or his or her designee. “City Parties” means and includes City and its elected and appointed officials, officers, employees, attorneys, contractors and representatives.
“Claims” means liabilities, obligations, orders, claims, demands, lawsuits, administrative proceedings, damages, fines, penalties and expenses, including attorneys’ fees and costs. “Community Development Director” means City’s Community Development Director or other designee of either the Community Development Director or City Manager. “Common Control” means that two entities are Controlled by the same other person or entity or persons or entities.
“Connection Fees” means those fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting water, sanitary sewer, and other applicable utilities, except for any such fee or portion thereof that constitutes an Impact Fee, as defined below.
“Control” or variations thereof, with respect to an entity means that a person or entity holds one or more of the following: (a) ownership, direct or indirect, of more than 30% of the entity’s profits, capital, or equity interests; and (b) the right to direct or cause direction of the day-to-day management of the entity, directly or indirectly, whether by contract, other governing documents or operation of law or otherwise, subject to customary major decision approval rights and the exercise of customary rights and remedies including management removal rights. “Default” is defined in Section 13.1.
“Developer” means Holly Hotel Group, LLC, a California limited liability company. “Development Agreement Law” is defined in Recital B.
“Development Agreement Ordinance” is defined in Recital B. “Development Agreement Statute” is defined in Recital A. “Discretionary Action” or “Discretionary Approval” means an action which requires the exercise of judgment, deliberation or a decision on the part of the City, including any board or commission or any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission or department or any officer or employee of the City, to determine whether there has been compliance with statutes, ordinances or regulations. “Effective Date” means the date that this Agreement becomes effective as determined under Section 3.1.
“EIR” is defined in Recital E.

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx “Enacting Ordinance” refers to the Ordinance identified in Recital M. “Exactions” means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation of land; and obligations to construct on-site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable Law. For purposes of this Agreement, Exactions do not include Impact Fees or Connection Fees. “Existing Approvals” means and includes those permits and approvals for the Project granted by City to Developer as of the Effective Date as set forth in Recital F. “Extended Stay Hotel” means a hotel that allows overnight occupancy by any guest for more than thirty (30) consecutive days.
“Final Approval” means that (i) all applicable appeal periods for the filing of any administrative or judicial appeal challenging the issuance or effectiveness of any of the Existing Approvals, including the EIR, or this Agreement shall have expired and no such appeal shall have been filed, or if such an administrative or judicial appeal is filed, the Existing Approvals, including the EIR, or this Agreement, as applicable, shall have been upheld by a final decision in each such appeal without adverse effect on the applicable Existing Approval, including the EIR, or this Agreement and the entry of a final judgment, order or ruling upholding the applicable Existing Approval, including the EIR, or this Agreement; and (ii) if a referendum petition relating to any Existing Approval or this Agreement is timely and duly circulated and filed, certified as valid and City holds an election, the date the election results on the ballot measure are certified by City in the manner provided by Applicable City Regulations reflecting the approval by voters of the referenced Existing Approval or this Agreement. “Force Majeure Delay” is defined in Section 3.2.3.
“General Plan” means the City of San Carlos General Plan in effect as of the Effective Date.
“Hotel” is defined in Recital D.
“Impact Fees” means the monetary fees and impositions, other than taxes and assessments, charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the development project or development of the public facilities related to the development project, including, any “fee” as that term is defined by Government Code section 66000(b). “Initial Term” is defined in Section 3.2.1.
“Litigation Challenge” is defined in Section 10.2.
“Major Amendment” is defined in Section 9.2.

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx “Minor Amendment” is defined in Section 9.2.
“Mortgage” means any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property or any of the Developer’s rights under this Agreement
“Mortgagee” means the holder of any Mortgage, and any successor, assignee or transferee of any such Mortgage holder.
“Municipal Code” means and refers to the City of San Carlos Municipal Code in effect as of the Effective Date.
“New City Laws” means and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations, which are promulgated or adopted by the City (including but not limited to any City agency, body, officer or employee) or its electorate (through their power of initiative or otherwise) after the Effective Date. “Notice of Breach” is defined in Section 13.1.
“Other Agency Fees” is defined in Section 5.3.
“Other Agency Subsequent Approvals” means Subsequent Approvals to be obtained from entities other than the City.
“Permitted Transfer” is defined in Section 11.2.
“Planning Commission” means the City of San Carlos Planning and Transportation Commission.
“Processing Fees” means all fees for processing development project applications, including any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing. “Project Approvals” means the Existing Approvals and all Subsequent Approvals. “Project” is defined in Recital D.
“Property” is defined in Recital C.
“STR Chain Scales Rating” means the STR Chain Scales Rating- North America and Caribbean published by Smith Travel Research, as it may be amended from time to time, and found at https://hotelnewsnow.com/Media/Default/Images/chainscales.pdf as of the Effective Date.
“Subsequent Approvals” is defined in Section 8.1.

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx “Term” is defined in Section 3.2.1.
“Transferee” is defined in Section 11.1.
“Transfer” is defined in Section 11.1.
“Transient Occupancy Tax” is defined in Recital G.

ARTICLE 2

GENERAL PROVISIONS

2.1 Ownership of Property. The Parties hereby acknowledge that, as of the Effective Date, Developer is the fee owner of the Property.

2.2 City Representations and Warranties. City represents and warrants to Developer that, as of the Effective Date:

2.2.1. City is a municipal corporation and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.

2.2.2. The execution and delivery of this Agreement and the performance of the obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained.

2.2.3. This Agreement is a valid obligation of City and is enforceable in accordance with its terms.

During the Term of this Agreement, City shall, upon learning of any fact or condition which would cause of any of the warranties and representations in this Section 2.2 not to be true, immediately give written notice of such fact or condition to Developer.

2.3 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:

2.3.1. Developer is the sole fee owner of the Property. Developer is a duly organized and validly existing limited liability company under the laws of its state of incorporation or organization, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.

2.3.2. The execution and delivery of this Agreement and the necessary performance of the obligations of Developer hereunder have been duly authorized by all necessary partnership, company or corporate action and all necessary partner, member or shareholder approvals have been obtained.

2.3.3. This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.

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2.3.4. Developer has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets; or (e) admitted in writing its inability to pay its debts as they come due.

During the Term of this Agreement, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.3 not to be true, immediately give written notice of such fact or condition to City.

ARTICLE 3

EFFECTIVE DATE AND TERM

3.1 Effective Date. The Effective Date of this Agreement shall be the later of (a) the date that is thirty (30) days after the date that the Enacting Ordinance is adopted, or (b) the date this Agreement is executed by City. The Effective Date is inserted at the beginning of this Agreement. The Parties acknowledge that section 65868.5 of the Development Agreement Statute requires that this Agreement be recorded with the County Recorder no later than ten (10) days after the City enters into this Agreement (and shall be recorded as set forth in Section 14.18 of this Agreement), and that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement.

3.2 Term of Agreement.

3.2.1. Term. The “Term” of this Agreement shall commence on the later of the Effective Date or the date on which Final Approval occurs; provided, however, if Final Approval has not occurred by the second anniversary of the Effective Date then the Term shall commence as of such second anniversary date, notwithstanding the fact that Final Approval has not yet occurred. The Term shall expire eight (8) years after the commencement date.

3.2.2. Effect of Termination. Upon the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, subject, however, to the provisions set forth in Section 13.11 below.

3.2.3. Force Majeure Delay; Extension of Times of Performance. Subject to the limitations set forth below, the time within which either Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by strikes, lock outs, and other labor difficulties; Acts of God; unusually severe weather, but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed twenty (20) days for any winter season occurring after commencement of construction of the Project; failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body; any development moratorium or any action of other public agencies that regulate land use, development, or the provision of services that prevents, prohibits,

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx or delays construction of the Project; enemy action; civil disturbances; wars; terrorist acts; fire; unavoidable casualties; and pandemics; and litigation or other administrative or judicial proceeding involving the Project Approvals or this Agreement, including any extension authorized by Government Code Section 66463.5(e) (each a “Force Majeure Delay”). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if written notice in accordance with Section 14.2 is sent by the Party claiming such extension to the other Party within sixty (60) days of the commencement of the cause, provided, however, that a Force Majeure Delay shall not extend the Term of the Agreement. If notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City Manager and Developer. Downturns in the economy or Developer’s inability or failure to obtain financing for the Project shall not be deemed to be causes outside the reasonable control of Developer and shall not be the basis for a Force Majeure Delay. The City Manager is authorized on behalf of the City to grant the extension.

ARTICLE 4

DEVELOPMENT OF THE PROPERTY

4.1 Vested Rights. The Property is hereby made subject to the provisions of this Agreement.

Developer shall have the vested right to develop the Property and the Project in accordance with and subject to the Existing Approvals, the Subsequent Approvals, Applicable Law and this Agreement, which shall, among other things, control the permitted uses, density and intensity of use of the Property, requirements for on- and off-site infrastructure and public improvements, the applicable Exactions, and the maximum height and maximum size of buildings on the Property.

4.2 Applicable City Regulations. City and Developer acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Agreement are intended to reserve to City all of its police power that cannot be so limited. Notwithstanding the foregoing reservation of City, it is the intent of City and Developer that this Agreement be construed to provide Developer with rights afforded by law, including but not limited to, the Development Agreement Statute.

Therefore, the laws, rules, regulations, official policies, standards and specifications of City applicable to the development of the Property and/or the Project shall be the following (collectively, the “Applicable City Regulations”):

4.2.1. Those rules, regulations, official policies, standards and specifications of the City set forth in the Project Approvals and this Agreement;

4.2.2. With respect to matters not addressed by and not otherwise inconsistent with the Project Approvals and this Agreement, those laws, rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) in force and effect on the Effective Date, including those governing permitted uses, building locations, timing and manner of construction, densities, intensities of uses, heights and sizes, subdivisions, and requirements for on- and off-site infrastructure and public improvements;

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4.2.3. New City Laws that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, findings, recommendations, appeals and any other matter of procedure imposed at any time, provided such New City Laws are uniformly applied on a City- wide basis to all substantially similar types of development projects and properties;

4.2.4. New City Laws that revise City’s uniform construction codes, including City’s building code, plumbing code, mechanical code, electrical code, fire code, grading code, all other uniform construction codes, and any regional changes to any uniform construction codes in effect as of the date of permit issuance, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;

4.2.5. New City Laws that are necessary to protect physical health and safety of the public, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;

4.2.6. New City Laws that do not conflict with this Agreement or the Project Approvals, provided such new City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties;

4.2.7. New City Laws mandated by Changes in the Law as provided in Section 4.7 below; and

4.2.8. New City Laws that do not apply to the Property and/or the Project due to the limitations set forth above, but only to the extent that such New City Laws are accepted in writing by Developer in its sole discretion.

4.3 Regulation by Other Public Agencies. City and Developer acknowledge and agree that other governmental or quasi-governmental entities not within the control of City, including the County of San Mateo, and the San Francisco Bay Regional Water Quality Control Board possess authority to regulate aspects of the development of the Property and the Project separately from or jointly with the City and that this Agreement does not limit the authority of such other public agencies. Developer shall use reasonable diligence in, and City shall reasonably cooperate with Developer, in Developer’s effort to obtain such permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Property and/or the Project; provided, however, City shall have no obligation to incur any costs, without compensation or reimbursement, or to amend any City policy, regulation or ordinance in connection therewith.

4.4 Life of Project Approvals. The term of any and all discretionary Project Approvals, such as zoning amendments, Planned Development Plan, and conditional use permits, shall automatically be extended for the longer of the Term or the term otherwise allowed under Applicable Laws or this Agreement. Any ministerial Project Approvals issued by the City, such as grading permits and building permits, shall be for the term set forth in such Project Approval or this Agreement.

4.5 No Affirmative Obligation to Develop; Timing of Development. The City acknowledges and agrees that the Developer has no affirmative obligation to develop the Project. However, if

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx the Developer, in its sole discretion, opts to develop the Project, such development shall comply with this Agreement. However, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider, and expressly provide for, the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the desire of the Parties hereto to avoid that result. Therefore, notwithstanding the adoption of an initiative after the Effective Date by City’s electorate to the contrary, the Parties acknowledge that, except as otherwise provided for in this Agreement or the Existing Approvals, Developer shall have the vested right to develop the Project in such order and at such rate and at such times as Developer deems appropriate in the exercise of its business judgment.

4.6 Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild portions of the Project at any time within the Term should it become necessary due to any casualty, including natural disaster or changes in seismic requirements. Any such renovation or rebuilding shall be subject to all design, density and other limitations and requirements imposed by this Agreement, and shall comply with the Project Approvals and Applicable Law, including the requirements of CEQA. To the extent that the renovations or reconstruction require a Subsequent Approval, Sections 8.1 and 9.6 shall apply.

4.7 State and Federal Law. As provided in Section 65869.5 of the Development Agreement Statute, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than City, created or operating pursuant to the laws of the State of California (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the City and Developer shall meet and confer in good faith in order to determine whether such provisions shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. Nothing in this Agreement shall preclude City or Developer from contesting by any available means (including administrative or judicial proceedings) the applicability to the Project of any such Changes in the Law.

4.8 Compliance with Laws. Developer, at its sole cost and expense, shall comply with the requirements of, and obtain all permits and approvals required by local, State and Federal agencies having jurisdiction over the Property or Project. Furthermore, Developer shall carry out the Project work in conformity with all Applicable Law, including applicable state labor laws and standards; Applicable City Regulations; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

4.9 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise after the Effective Date, which relates to the rate, timing, or sequencing of the development or construction on all or any part of the Property, including, without limitation, any ordinance, resolution or other measure restricting or precluding the issuance of building permits, the City agrees that the ordinance, resolution or other measure

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4.10 Project Approvals and Applicable City Regulations. Prior to the Effective Date, the Parties shall have prepared two (2) sets of the Existing Approvals and Applicable City Regulations, one (1) set for City and one (1) set for Developer, to which shall be added from time to time, Subsequent Approvals and, to the extent permitted by Section 4.2 above, New City Laws, so that if it becomes necessary in the future to refer to any of the Project Approvals or Applicable City Regulations, there will be a common set available to the Parties.

ARTICLE 5

FEES AND EXACTIONS

5.1 Impact Fees. The City shall charge and impose only those Impact Fees identified in Exhibit C which are the Impact Fees in effect as of the Effective Date. Developer shall pay when due the Impact Fees at the rates in effect when the Impact Fees are due and payable, and shall not be required to pay any escalations in such Impact Fees in excess of the fee escalation provisions in any Impact Fee in effect as of the Effective Date and the City is applying the escalation uniformly to similar projects, or pay any new Impact Fees enacted or established after the Effective Date.

5.2 Processing Fees. Subject to Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased Processing Fee, City may charge and Developer agrees to pay any and all Processing Fees which are in effect on a City-wide basis at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing.

5.3 Other Agency Fees. Nothing in this Agreement shall preclude City from collecting fees from Developer that are lawfully imposed on the Project by another agency having jurisdiction over the Project, which the City is authorized to collect pursuant to Applicable Law (“Other Agency Fees”).

5.4 Connection Fees. Subject to Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased Connection Fee, City may charge and Developer shall pay any Connection Fee that is lawfully adopted at the rates in effect when due.

5.5 Exactions. City may impose and Developer shall comply with those Exactions required by this Agreement and the Existing Approvals. In addition, City may impose Exactions in connection with the Subsequent Approvals (as defined in Section 8.1) that are necessary or appropriate to comply with Applicable Law. Except as otherwise specifically provided in this Section 5.5 and in Sections 4.2.4, 4.2.5, 4.2.7 and 9.6 hereof, the City shall not impose any additional Exactions in connection with the development of the Project.

5.6 Taxes and Assessments. City is unaware of any pending efforts to initiate, or consider applications for new or increased special taxes or assessments covering the Property, or any portion thereof. City shall retain the ability to initiate or process applications for the formation of

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City may impose new taxes and assessments, other than Impact Fees, on the Property in accordance with the then Applicable Law and this Agreement, but only if such taxes or assessments are adopted by or after Citywide voter approval or approval by landowners subject to such taxes or assessments and are imposed on other land and projects of the same category (i.e., office, multifamily residential, retail, or hotel, as applicable) within the jurisdiction of City and, as to assessments, only if the impact thereof does not fall disproportionately on the Property as compared to the benefits accruing to the Property as indicated in the engineers report for such assessment district. Nothing herein shall be construed so as to limit Developer from exercising whatever rights it may otherwise have in connection with protesting or otherwise objecting to the imposition of taxes or assessments on the Property.

ARTICLE 6

PUBLIC BENEFITS

6.1 Public Benefits Obligations. In consideration of the rights and benefits conferred by City to Developer under this Agreement, Developer shall perform the public benefit obligations and provide to City and the community the public contributions set forth in this ARTICLE 6.

PUBLIC BENEFITS. When the Hotel receives its final certificate of occupancy, the Hotel shall (a) as soon as practical thereafter, open for business to the public as an Upper Upscale boutique hotel (offering at least a restaurant with a bar, spa or fitness center, and meeting spaces) or better, (b) meet at least the quality standards for hotels listed in the Upper Upscale category of the STR Chain Scales Rating, which is the highest category on the scale, and (c) offer level of services, amenities, furnishings, finishes and fixtures equal to or better than the hotels listed in the Upper Upscale category of the STR Chain Scale Rating. If STR ceases publishing the Upper Upscale category of the STR Chain Scales Rating, the City shall select a new rating standard that, in the City's and Developer’s joint reasonable judgment, most closely approximates the Upper Upscale category of the STR Chain Scales Rating in existence as of the Effective Date. At any time after the Hotel receives a final certificate of occupancy and opens for business to the public, the Developer may request that the City provide a certificate affirming Developer’s satisfactory compliance with the opening covenants set forth in this Section 6.1.1, which may be in recordable form at Developer’s request, and City shall provide the certificate within thirty (30) days of Developer’s request or a response letter setting forth the reasons why the City does not believe the conditions of this Section 6.1.1 have been met.

6.2 Extended Stay Prohibition. The Parties acknowledge and agree that the Transient Occupancy Tax revenue to be generated by operation of the Hotel as a limited duration stay boutique hotel is one of the community benefits of the Project, and that Extended Stay Hotels generate significantly less transient occupancy tax revenue than other types of hotels, including boutique hotels. Accordingly, Developer and its successors and assigns shall not operate the Hotel as an Extended Stay Hotel at any time during the first twenty-five (25) years after the issuance of a final certificate of occupancy for the Hotel. In the event of a breach of this covenant by Developer or its successors or assigns, City shall be entitled to seek injunctive relief prohibiting operation of the Hotel as an Extended Stay Hotel. In the event injunctive relief is unavailable, Developer and its successors and assigns shall be obligated to pay to City within thirty (30) days following City’s written demand from time to time, an amount equal to the difference between the total Transient Occupancy Tax generated from operation of the Hotel and

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6.3 Nonprofit Use of Rental Spaces. For not less than fifteen (15) years after the City issues the final certificate of occupancy, Developer and its successors and assigns shall waive (or require the Hotel operator to waive) any rental fee, setup fee and cleaning fee for rental of the approximate 750 square foot boardroom and the approximate 2,900 square foot event space (each an “Event Space” and collectively, “Event Spaces”) to qualifying nonprofits that have current tax exempt status under Sections 501(c)(3) – (6) of the Internal Revenue Code and maintain a principal office or chapter or other subdivision within the limits of the County of San Mateo (each individually a “San Mateo Nonprofit” and collectively, “San Mateo Nonprofits”).

Rental, set up, and cleaning fees for San Mateo Nonprofits shall be waived a maximum of two (2) times per month per Event Space for a maximum of a total of 12 hours per month. To ensure the Event Spaces are made available for all San Mateo Nonprofits, a San Mateo Nonprofit can only utilize an Event Space a maximum of three (3) times a year, unless otherwise allowed at the sole discretion of Developer. Food and beverages shall be offered to the San Carlos Non-Profits at the Hotel operator’s standard rates. Reservations shall be made in accordance with Section

6.3.1 below.

6.3.1. Booking System. Developer and its successors and assigns shall require the Hotel operator to designate a contact person to receive written request(s) from San Mateo Nonprofits to use an Event Space, which requests shall identify the Event Space needed and dates desired ("Reservation Request(s)"). The City may post the contact person’s information on the City website, together with a short explanation of the benefits offered to San Mateo Nonprofits under this Agreement. Developer is responsible for determining if a San Mateo Nonprofit qualifies to make a Reservation Request. If Developer determines a San Mateo Nonprofit fails to qualify, the Reservation Request will not be accepted by Developer and use of the Event Spaces will not be provided at no cost to the San Mateo Nonprofit as offered in this Section 6.3. Subject to availability, the Hotel operator shall be required to accept Reservation Requests a maximum of ninety (90) days in advance of the desired event date and make the requested Event Space available to the requesting San Mateo Nonprofit as specified in the applicable Reservation Request. A Reservation Request can only be made and utilized for one Event Space per date reserved, unless otherwise allowed at the sole discretion of Developer. If the specified Event Space is not available on the requested date(s), the Hotel operator shall be required to notify the requesting San Mateo Nonprofit in writing within five (5) business days of the Reservation Request as well as propose and reserve at least two alternative dates as close as possible to the requested date(s).

6.4 Sales Tax Point of Sale Designation. Developer shall require all persons and entities providing bulk lumber, concrete, structural steel and pre-fabricated building components, including roof trusses, to be used in connection with the construction and development of, or incorporated into, the Project, to (a) obtain a use tax direct payment permit; (b) elect to obtain a subcontractor permit for the job site of a contract valued at Five Million Dollars ($5,000,000) or more; or (c) otherwise designate the Property as the place of use of material used in the

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ARTICLE 7

ANNUAL REVIEW

7.1 Annual Review. As required by California Government Code section 65865.1 and the Development Agreement Ordinance, City and Developer shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every twelve (12) months to determine good faith compliance with this Agreement.

Specifically, City’s annual review shall be conducted for the purposes of determining compliance by Developer with its obligations under this Agreement. Each annual review shall also document Developer’s progress toward completion of Project components. The annual review shall be conducted as provided in the Development Agreement Statute and City’s Development Agreement Ordinance as follows:

7.1.1. By the last business day of January of each year, the Developer shall provide documentation of its compliance with the Agreement during the previous calendar year.

Promptly upon receipt of Developer’s documentation of compliance, the City’s Community Development Director shall review the documentation and determine, on the basis of substantial evidence, whether the Developer has complied with the provisions of this Agreement. The first calendar year subject to Annual Review shall be 2024, and Developer’s documentation demonstrating compliance with this Agreement during the calendar year 2024 shall be due the last business day of January 2025.

7.1.2. If the City’s Community Development Director finds good faith compliance by Developer with the terms of this Agreement, the City’s Community Development Director or his or her designee shall so notify Developer in writing in a form that may be recorded at Director’s discretion. If the City’s Community Development Director finds that Developer has not complied in good faith with the terms of this Agreement, the City’s Community Development Director shall notify Developer in writing in a form that may be recorded when final and that specifies the respects in which Developer has failed to comply, terms of compliance, and provide that Developer shall have the period specified in Section 13.1 to meet the terms of compliance. If Developer does not comply with any terms of compliance within the prescribed time limits, this Agreement shall be subject to termination or modification pursuant to ARTICLE 13.

7.1.3. Within seven (7) days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the City

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7.1.4. If a finding of noncompliance does not include terms of compliance, or if Developer does not comply with the terms of compliance within the time specified for compliance, the Parties may terminate or modify the Agreement by mutual consent or the City’s Community Development Director may refer the Agreement to the City Council for termination or modification without any requirement of sending a Notice of Default. The City Council shall conduct a public hearing after the time specified for compliance. After the public hearing, the City Council may terminate the Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.

7.2 Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.

ARTICLE 8

COOPERATION AND IMPLEMENTATION

8.1 Subsequent Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project (“Subsequent Approvals”). The Subsequent Approvals may include, without limitation, the following: amendments of the Existing Approvals, grading permits, building permits, sewer and water connection permits, encroachment permits, certificates of occupancy, lot line adjustments, and any amendments to, or repealing of, any of the foregoing. At such time as any Subsequent Project Approval applicable to the Property is approved by the City, then such Subsequent Project Approval shall become subject to all the terms and conditions of this Agreement applicable to Project Approvals and shall be treated as a “Project Approval” under this Agreement. As a result, unless the Subsequent Approval requires a Major Amendment as defined in Section 9, approval of a Subsequent Approval shall not require an amendment to this Agreement.

8.2 Scope of City Review. In exercising its discretion in connection with consideration of Subsequent Approvals, City agrees that City shall not revisit the fundamental policy decisions reflected by the Existing Approvals or impose any Exactions that would conflict with the Applicable City Regulations or the Existing Approvals as set forth in Section 4.1 herein unless expressly permitted by Sections 4.2.4, 4.2.5, and 4.2.7.

8.3 Processing Applications for Subsequent Approvals.

8.3.1. Timely Submittals by Developer. Developer acknowledges that City cannot begin processing applications for Subsequent Approvals until Developer submits complete

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8.3.2. Timely Processing by City. Upon submission by Developer of all appropriate applications and Processing Fees for any pending Subsequent Approval, City shall, to the full extent allowed by Applicable Law, promptly and diligently, subject to City ordinances, policies and procedures regarding hiring and contracting, commence and complete all steps necessary to act on Developer’s currently pending Subsequent Approval applications including: (a) providing at Developer’s expense and subject to Developer’s request and prior approval, reasonable additional staff and/or staff consultants for concurrent, expedited planning and processing of each pending Subsequent Approval application (Developer shall pay such costs at cost, plus 10% for administrative costs incurred); (b) if legally required, providing notice and holding public hearings; and (c) acting on any such pending Subsequent Approval application.

ARTICLE 9

AMENDMENT OF AGREEMENT AND PROJECT APPROVALS

9.1 Amendment by Written Consent. Except as otherwise expressly provided herein (including Section 7.1 relating to City’s annual review and Section 13.3 relating to termination or modification in the event of a breach), this Agreement may be terminated, modified or amended only by mutual written consent of the Parties hereto or their successors in interest or assignees and in accordance with the provisions of Government Code sections 65867, 65867.5 and 65868.

9.2 Major Amendments to Agreement. Any amendment to this Agreement which affects or relates to (a) the Term; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent Discretionary Actions; (e) the density or intensity of the use of the Property or the maximum height or size of proposed buildings; (f) monetary contributions by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and City Council. Any amendment which is not a Major Amendment shall be deemed a “Minor Amendment” and shall not, except to the extent otherwise required by Applicable Law, require notice of public hearing before the Parties may execute an amendment hereto. The City Manager or his or her designee shall have the authority to determine if an amendment is a Major Amendment or a Minor Amendment.

9.3 Minor Amendment. The City Manager or his or her designee shall have the authority to review and approve amendments to this Agreement provided that such amendments are not Major Amendments.

9.4 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of

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9.5 Requirement for Writing. No modification, amendment or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing which refers expressly to this Agreement and is signed by duly authorized representatives of Developer or its successor in interest and City.

9.6 CEQA/Mitigation Measures. The City has prepared and certified the EIR, which evaluates the environmental effects of full development, operation and use of the Project, and has imposed all feasible mitigation measures to reduce the significant environmental effects of the Project. The Parties understand that the EIR is intended to be used not only in connection with the Existing Approvals, but also, to the extent legally permitted, in connection with necessary Subsequent Approvals. However, the Parties acknowledge that certain Subsequent Approvals may legally require additional analysis under CEQA. For example, a change in the Project could require additional analysis under CEQA if the triggering conditions identified in CEQA Guidelines section 15162 are met. In the event supplemental or additional CEQA review is required for a Subsequent Approval, City shall limit such supplemental or additional CEQA review to the scope of analysis mandated by CEQA in light of the scope of City’s discretion to be exercised in connection with the Subsequent Approval. Developer acknowledges that, if the City determines based upon supplemental or additional CEQA review that the Project will result in new significant effects or substantially increase the severity of effects that were identified in the EIR, City may require additional feasible mitigation measures necessary to mitigate such impacts, provided however (except as otherwise expressly provided herein) such additional mitigation measures shall not prevent development of the Project for the uses set forth in the Existing Approvals. Developer shall comply with the mitigation measures in the Mitigation, Monitoring, and Reporting Plan. In the event further mitigation measures are identified by such additional environmental review, City may require, and Developer shall comply at its expense with, all feasible mitigation measures necessary to substantially lessen new or substantially more severe significant environmental impacts of the Project, which were not foreseen at the time of execution of this Agreement.

ARTICLE 10

INDEMNITY AND COOPERATION IN THE EVENT OF

LEGAL CHALLENGE

10.1 Indemnity and Hold Harmless. To the fullest extent permitted by law, Developer shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless City Parties

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10.2 Defense and Cooperation in the Event of a Litigation Challenge. City and Developer shall cooperate in the defense of any court action or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement or the Project Approvals (“Litigation Challenge”), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent Developer desires to contest or defend such Litigation Challenge, (a) Developer shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the legal counsel of its choice; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice in any such action or proceeding with the reasonable costs of such representation to be paid by Developer; (c) Developer shall reimburse City, within ten (10) business days following City’s written demand therefor, which may be made from time to time during the course of such litigation, all reasonable costs incurred by City in connection with the Litigation Challenge, including City’s administrative, legal, and court costs and City Attorney oversight expenses; and (d) Developer shall indemnify, defend, and hold harmless City Parties from and against any damages, attorneys’ fees or cost awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against City by way of judgment, settlement, or stipulation. Any proposed settlement by Developer of a Litigation Challenge shall be subject to City’s approval not to be unreasonably withheld, conditioned or delayed. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City in accordance with Applicable Law, and City reserves its full legislative discretion with respect thereto. If Developer opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so. Developer’s obligations under this Section 10.2 shall survive the expiration or termination of this Agreement.

ARTICLE 11

ASSIGNMENT AND TRANSFER

11.1 Assignment. Because of the necessity to coordinate development of the entirety of the Property pursuant to plans for the Project, particularly with respect to the provision of on- and off-site public improvements and public services and benefits, certain restrictions on the right of Developer to assign or transfer its interest under this Agreement with respect to the Property are necessary in order to assure the achievement of the goals, objectives and public benefits of the Project and this Agreement. Developer agrees to and accepts the restrictions set forth in this ARTICLE 11 as reasonable and as a material inducement to City to enter into this Agreement.

Developer shall have the right to sell or transfer its rights and obligations under this Agreement, in whole or in part (each, a “Transfer”), to any person, partnership, joint venture, firm,

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx company, corporation or other entity (any of the foregoing, a “Transferee”) subject to the written consent of City, which consent will not be unreasonably withheld, conditioned, or delayed. Developer shall provide the City with written notice of any proposed Transfer hereunder at least thirty (30) days prior to such Transfer and request City’s consent to such Transfer, as provided herein. Each such notice of proposed Transfer shall be accompanied by evidence of Assignee’s corporate, limited liability company or other legal entity’s existence and good standing and experience developing projects similar to the Project and a proposed form of Assignee’s assumption of Developer’s obligations hereunder substantially in the form of Exhibit B, which would be recorded in the Official Records of San Mateo County concurrent with the Transfer. Developer shall pay the actual costs borne by City in connection with its review of the proposed Transfer, including the costs incurred by the City Attorney’s Office.

For the avoidance of doubt, no pledge of a direct or indirect interest in Developer to secure any financing obtained by any direct or indirect interest holder of Developer or any subsequent transfer of such pledged interest to the holder thereof in connection with the exercise of its remedies pursuant to such pledge shall be prohibited or restricted by this Article 11 or otherwise subject to the requirements of this Article 11 provided that as of and immediately following the pledge the entities or individuals that directly or indirectly Control the Developer at the time of the pledge continue to hold, directly or indirectly, (i) thirty percent (30%) or more of the profits, capital, or equity interest of such entity, and (ii) the power to Control such entity subject to customary major decision approval rights and the exercise of customary rights and remedies including management removal rights. A pledge of a direct or indirect interest in Developer that does not meet the test described in the preceding sentence shall be a Transfer requiring consent.

11.2 Permitted Transfers. Notwithstanding the foregoing, the following Transfers shall be permitted without the consent of City so long as Developer provides City at least ten (10) days’ prior written notice and any documentation reasonably required by City to verify that the Transfer is a Permitted Transfer (“Permitted Transfer”):

11.2.1. A Transfer of Developer’s interest in this Agreement in connection with the sale or transfer of the Property or Project to any Affiliate of Developer;

11.2.2. Any Transfer for financing purposes to secure the funds necessary for construction and/or permanent financing of the Project, but excluding pledges of a direct or indirect interest in Developer described in Section 11.1.

11.3 Assignment and Assumption Agreement. No Transferee pursuant to Section 11.1 or Sections 11.2.1 or 11.2.2 may receive or take advantage of the benefits under this Agreement without also assuming the obligations under this Agreement by written agreement substantially in the form of Exhibit B.

11.4 Release of Developer. Notwithstanding any sale, transfer or assignment of the Property, Developer shall continue to be obligated under this Agreement unless (a) City has consented to the Transfer as provided above, which consent will not be unreasonably withheld, conditioned, or delayed, or (b) the Transfer is a Permitted Transfer under Section 11.2.1 or 11.2.2. If the required City consent is given or if the Transfer is a Permitted Transfer described in Section

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11.2.1 or 11.2.2, then Developer shall be released from any further liability or obligation under this Agreement provided: (i) neither Developer nor Transferee is in default under this Agreement at the time of such transfer; (ii) Developer and Transferee have executed and acknowledged and delivered to City for recordation in the Official Records of the County of San Mateo an assignment and assumption agreement substantially in the form of Exhibit B attached hereto; and (iii) the Transferee has expressly assumed for the benefit of City the obligations of Developer.

No release of Developer shall be effective unless and until each of the above conditions have been met.

11.5 Successive Assignment. In the event there is more than one Transfer under the provisions of this Article 11, the provisions of this ARTICLE 11 shall apply to each successive Transfer and Transferee.

ARTICLE 12

MORTGAGEE PROTECTION

12.1 Mortgagee Protection. Neither entering into this Agreement nor a breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. Notwithstanding the foregoing, this Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording the Agreement, including the lien of any Mortgage. Nothing in this Agreement shall prevent or limit Developer, at its sole discretion, from granting one or more Mortgages encumbering all or a portion of Developer’s interest in the Property or portion thereof or improvement thereon as security for one or more loans or other financing, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of Mortgagee who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise. Developer shall provide the City with a copy of the deed of trust or mortgage within ten (10) days after its recording in the official records of San Mateo County; provided, however, that Developer’s failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage.

12.2 Mortgagee Not Obligated. No Mortgagee (including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise) shall have any obligation to construct or complete construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with this Agreement and the other Project Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals. Except as otherwise provided in this Section 12.2, all of the terms and conditions contained in this Agreement and the other Project Approvals shall be binding upon and effective against and shall run to the benefit of any person or entity, including any Mortgagee, who acquires title or possession to the Property, or any portion thereof.

12.3 Notice of Breach to Mortgagee. If City receives a notice from a Mortgagee requesting a copy of any Notice of Breach given Developer hereunder and specifying the address for service thereof, then City agrees to use its diligent, good faith efforts to deliver to such Mortgagee,

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12.4 No Supersedure. Nothing in this Article 12 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this ARTICLE 12 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 12.3.

ARTICLE 13
DEFAULT; REMEDIES; TERMINATION

13.1 Breach and Default. Subject to Force Majeure Delays or by mutual consent in writing, and except as otherwise provided by this Agreement, breach of, failure, or delay by either Party to perform any term or condition of this Agreement shall constitute a “Default.” In the event of any alleged Default of any term, condition, or obligation of this Agreement, the Party alleging such Default shall give the defaulting Party notice in writing specifying the nature of the alleged Default and the manner in which the Default may be satisfactorily cured (“Notice of Breach”).

The defaulting Party shall cure the Default within thirty (30) days following receipt of the Notice of Breach, provided, however, if the nature of the alleged Default is non-monetary and such that it cannot reasonably be cured within such thirty (30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure, provided that if the cure is not diligently prosecuted to completion, then no additional cure period shall be provided. If the alleged failure is cured within the time provided above, the non-defaulting Party shall issue a written notice acknowledging such cure and no Default shall exist and the noticing Party shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a Default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under this Agreement.

13.2 Failure to Cure Default Procedure. If after Notice of Breach and expiration of the applicable cure period, the Community Development Director finds and determines that Developer remains in Default and that the City intends to terminate or modify this Agreement, the Director shall make a report to the Planning Commission and then set a public hearing before the Planning Commission. If, after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence, that Developer, has not cured the Default pursuant to this Section, and that the City therefore may terminate or modify this Agreement, Developer shall be entitled to appeal that finding and determination to the City Council in accordance with Section 13.10 below.

13.3 Termination or Modification. The City may terminate or modify this Agreement after the

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13.4 Specific Performance for Violation of a Condition. If City issues a Project Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Developer in the future, and if Developer then fails to satisfy such condition, City shall be entitled to specific performance for the purpose of causing Developer to satisfy such condition.

13.5 Legal Actions.

13.5.1. Institution of Legal Actions. In addition to any other rights or remedies and subject to the limitation of damages in Section 13.7, a Party may institute legal action to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court for San Mateo County, California, except for actions that include claims in which the Federal District Court for the Northern District of the State of California has original jurisdiction, in which case the Northern District of the State of California shall be the proper venue.

13.5.2. Acceptance of Service of Process. In the event that any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City Clerk of City or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Developer, or in such other manner as may be provided by law.

13.6 Rights and Remedies Are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party, except as otherwise expressly provided herein.

13.7 No Damages. In no event shall a Party, or its members, boards, commissions, officers, agents or employees, be liable in damages, including without limitation, actual, consequential or punitive damages, for any Default under this Agreement. It is expressly understood and agreed that the sole legal remedy available to a Party for a breach or violation of this Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement by the other Party, or to terminate or modify this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other Party under the terms of this Agreement including, but not limited to, obligations to pay attorneys’ fees and obligations, advance monies or reimburse monies, or pay amounts in lieu of Transient Occupancy Tax as provided in Section 6.2 above. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s

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13.8 Resolution of Disputes. With regard to any dispute involving the Project, the resolution of which is not provided for by this Agreement or Applicable Law, a Party shall, at the request of another Party, meet with designated representatives of the requesting Party promptly following its request. The parties to any such meetings shall attempt in good faith to resolve any such dispute. Nothing in this Section shall in any way be interpreted as requiring that Developer, City and/or City’s designee reach 13.8 agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the parties to such meetings.

13.9 Remedies upon Transfer or Assignment. Notwithstanding anything to the contrary contained in this ARTICLE 13, if Developer has transferred all of its interest in the Property pursuant to Section 11.1 above, then the City may only exercise its remedies under this Article 13 against the defaulting Developer or Transferee and such party’s interest in the Property.

13.10 Appeals to City Council. Where an appeal by Developer to the City Council from a finding and/or determination of the Planning Commission is submitted pursuant to Section 13.2, that appeal shall be taken, if at all, within twenty (20) days after the mailing of the finding and/or determination to Developer. For the avoidance of doubt, appeals of findings of noncompliance under ARTICLE 7 shall be made and conducted pursuant to ARTICLE 7. The City Council shall act upon the finding and/or determination of the Planning Commission within the time period provided in Applicable City Regulations or within such additional period as may be agreed upon by Developer and the City.

13.11 Surviving Provisions. In the event this Agreement is terminated, neither Party shall have any further rights or obligations hereunder, except for those obligations of Developer set forth in this this ARTICLE 13, Sections 6.1, 6.2, 6.3, 10.1 and 10.2.

ARTICLE 14

GENERAL PROVISIONS

14.1 Covenants Binding on Successors and Assigns and Run with Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, and all other persons or entities acquiring the Property, or any interest therein, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code section 65868.5.

14.2 Notice. Any notice, demand or request which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to the City and Developer as follows:

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600 Elm Street
San Carlos, CA 94070
Attn: City Manager
with copies to:

City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attn: City Attorney
City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attn: CDD Director
If to Developer:
with a copy to:

Notices are deemed effective if delivered by certified mail, return receipt requested, or commercial courier, with delivery to be effective upon verification of receipt. Any Party may change its respective address for notices by providing written notice of such change to the other Party.

14.3 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

14.4 Waivers. Notwithstanding any other provision in this Agreement, any failures or delays by any Party in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future.

14.5 Construction of Agreement. All Parties have been represented by counsel in the preparation and negotiation of this Agreement and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be

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14.6 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement.

14.7 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case any Party may terminate this Agreement by providing written notice thereof to the other Party.

14.8 Time is of the Essence. Time is of the essence of this Agreement. All references to time in this Agreement shall refer to the time in effect in the State of California.

14.9 Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of Developer and the City.

14.10 Entire Agreement. This Agreement (including all exhibits attached hereto, each of which is fully incorporated herein by reference), integrates all of the terms and conditions mentioned herein or incidental hereto, and constitutes the entire understanding of the Parties with respect to the subject matter hereof, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement.

14.11 Estoppel Certificate. Developer or its lender may, at any time, and from time to time, deliver written notice to the City requesting the City to certify in writing that: (a) this Agreement is in full force and effect; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) Developer is not in Default of the performance of its obligations, or if in Default, to describe therein the nature and extent of any such Defaults. Developer shall pay, within thirty (30) days following receipt of City’s invoice, the actual costs borne by City in connection with its review of the proposed estoppel certificate, including the costs expended by the City Attorney’s office in connection therewith. The Community Development Director shall be authorized to execute any certificate requested by Developer hereunder. The form of estoppel certificate shall be in a form reasonably acceptable to the City Attorney. The Community Development Director shall execute and return such certificate within fifteen (15) business days following Developer’s request therefor, or such longer time as may be agreed to by the Parties. Developer and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, partners, and Mortgagees. Failure to respond to the request within fifteen (15) business days or other agreed upon date, shall be deemed approval of the estoppel certificate.

14.12 Recordation of Termination. Upon completion of performance of the Parties or

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx termination of this Agreement, a written statement acknowledging such completion or termination shall be recorded by City in the Official Records of San Mateo County.

14.13 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise.

14.14 Negation of Partnership. The Parties specifically acknowledge that the Project is a private development, that no Party to this Agreement is acting as the agent of any other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the businesses of Developer, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.

14.15 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns, including Mortgagees. No other person shall have any right of action based upon any provision in this Agreement.

14.16 Joint and Several. If Developer is comprised of more than one person or entity, the obligations hereunder imposed upon Developer shall be joint and several.

14.17 Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California, without reference to its choice of law provisions.

14.18 Recordation. As provided in Government Code Section 65868. 5, the City Clerk shall record a copy of this Agreement with the Registrar-Recorder of the County of San Mateo within ten (10) days following its execution by both Parties. Developer shall provide the City Clerk with the fees for recording prior to or at the time of recording.’

14.19 Exhibits. The following exhibits are attached to this Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full.

Exhibit A: Legal Description of Property
Exhibit B: Assignment and Assumption Agreement
Exhibit C: Impact Fees

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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx IN WITNESS WHEREOF, the City and Developer have executed this Agreement as of the Effective Date.

CITY:

CITY OF SAN CARLOS, a California municipal
corporation
By:

Jeff Maltbie, City Manager
[Signature must be notarized]
ATTEST:

By:

Crystal Mui, City Clerk
APPROVED AS TO FORM:

By:

Gregory J. Rubens, City Attorney
DEVELOPER:

HOLLY HOTEL GROUP, LLC, a California
limited liability company
By:
__________________
[Signature must be notarized]
Its: Managing Member

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4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF SAN MATEO )
On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)

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STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)

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Exhibit A
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

EXHIBIT A

LEGAL DESCRIPTION

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Exhibit B-1
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

EXHIBIT B

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
_________________________________
_________________________________
_________________________________
Attention: ________________________
Exempt from Recording Fee per
Government Code Section 27383
Space Above This Line for Recorder’s Use Only

ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER

DEVELOPMENT AGREEMENT
This Assignment of Rights and Obligations Under Development Agreement (this “Assignment”) is entered into this _____ day of ________________, 20__ (“Effective Date”), by and between _________________________________________, a _________________ (“Assignor”) and _________________________________________, a _________________ (“Assignee”). Assignor and Assignee are collectively referred to herein as the “Parties.”

R E C I T A L S
A. Assignor and the City of San Carlos, a California municipal corporation (“City”) have entered into that certain Development Agreement dated as of __________, 20__ (“DA”) which was recorded in the Official Records of San Mateo County on _____________, 20__ as Instrument No. _____________.

B. Assignor has requested approval from the City of the assignment to Assignee described herein pursuant to Section 10.1 of the DA.

C. City has consented to the assignment described herein pursuant to Section 10.1 of the DA.

A G R E E M E N T S
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

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Exhibit B-2
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

1. Assignment and Assumption of Interest
Assignor hereby transfers, assigns and conveys to Assignee, all of Assignor’s right, title and interest in and to, and all obligations, duties, responsibilities, conditions and restrictions under, the DA (the “Rights and Obligations”). Assignee, for itself and its successors and assigns, hereby accepts the foregoing assignment, assumes all such Rights and Obligations, and expressly agrees for the benefit of City, to pay, perform and discharge all obligations of Assignor under the DA and to comply with all covenants and conditions of Assignor arising from or under the DA.

2. Governing Law; Venue
This Assignment shall be interpreted and enforced in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Assignment shall be filed and litigated exclusively in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of California.

3. Entire Agreement/Amendment
This Assignment constitutes the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior written and oral agreements with respect to the matters covered by this Assignment. This Assignment may not be amended except by an instrument in writing signed by each of the Parties and consented to in writing by City.

4. Further Assurances
Each Party shall execute and deliver such other certificates, agreements and documents and take such other actions as may be reasonably required to consummate or implement the transactions contemplated by this Assignment and the DA.

5. Benefit and Liability
Subject to the restrictions on transfer set forth in the DA, this Assignment and all of the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors and permitted assigns of the Parties.

6. Rights of City
All rights of City under the DA and all obligations to City under the DA which were enforceable by City against Assignor prior to the Effective Date of this Assignment shall be fully enforceable by City against Assignee from and after the Effective Date of this Assignment.

7. Rights of Assignee
All rights of Assignor and obligations to Assignor under the DA which were enforceable by Assignor against City prior to the Effective Date of this Assignment shall be fully enforceable by Assignee against City from and after the Effective Date of this Assignment.

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Exhibit B-3
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

8. Release
As of the Effective Date, Assignor hereby relinquishes all rights under the DA, and all obligations of Assignor under the DA shall be terminated as to, and shall have no more force or effect with respect to, Assignor, and Assignor is hereby released from any and all obligations under the DA.

9. Attorneys’ Fees
In the event of any litigation pertaining to this Assignment, the losing Party shall pay the prevailing Party’s litigation costs and expenses, including without limitation reasonable attorneys’ fees.

10. City Consent; City is a Third-Party Beneficiary
City’s countersignature below is for the limited purposes of indicating consent to the assignment and assumption and release set forth in this Assignment (if necessary under the DA) pursuant to Section 11.1 of the DA, and for clarifying that there is privity of contract between City and Assignee with respect to the DA. The City is an intended third-party beneficiary of this Assignment, and has the right, but not the obligation, to enforce the provisions hereof.

11. Recordation
Assignor shall cause this Assignment to be recorded in the Official Records of San Mateo County, and shall promptly provide conformed copies of the recorded Assignment to City and Assignee.

12. Address for Notices
Assignee’s address for notices, demands and communications under the DA is as follows:
[ASSIGNEE ADDRESS]

13. Captions; Interpretation
The section headings used herein are solely for convenience and shall not be used to interpret this Assignment. The Parties acknowledge that this Assignment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both have participated in the negotiation and drafting of this Assignment, this Assignment shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14. Severability
If any term, provision, condition or covenant of this Assignment or its application to any party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this Assignment, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is

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Exhibit B-4
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby.

15. Counterparts
This Assignment may be executed in counterparts, each of which shall, irrespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument.

IN WITNESS WHEREOF Assignor and Assignee have executed this Assignment as of the date first set forth above.

ASSIGNOR:
________________________________,
_________________________________
By: FORM – DO NOT SIGN
Name:

Its:

ASSIGNEE:
________________________________,
_________________________________
By: FORM – DO NOT SIGN
Name:

Its:
[City Signatures on Following Page]

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Exhibit B-5
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx City of San Carlos, a California municipal corporation, hereby consents to the assignment and assumption described in the foregoing Assignment and Assumption Agreement.

CITY:

CITY OF SAN CARLOS,
California municipal corporation
By: FORM – DO NOT SIGN
_______________, City Manager
ATTEST:
________________, City Clerk
APPROVED AS TO FORM:
__________________, City Attorney

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Exhibit C-1
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

EXHIBIT C

IMPACT FEES
Fee: Calculation:

Commercial Linkage Fee (San Carlos
Municipal Code Section 18.16.030) $10.00 per SF
Child Care Fee (San Carlos Municipal
Code Section 8.52) $1.60 per SF
Sewer Fees (San Carlos Municipal Code
Section 13.04.025)
Sewer Connect - City $70 per room
Sewer Connect - SVCW $7.91 per room
Traffic Impact Fee (San Carlos Municipal
Code Section 8.50) $4,390 per room
Building/Planning/Fire/PW Permit Fees
See Fee Schedule on
Exhibit C-2

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Exhibit C-2
4876-8387-3155 v13
C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx

EXHIBIT C

IMPACT FEES

FEE SCHEDULE

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CITY HALL
600 ELM STREET
SAN CARLOS CA 94070-3085

PLANNING DIVISION
TELEPHONE (650) 802-4263
FAX (650) 595-6763
WEB: http://www.cityofsancarlos.org

CODE COMPLIANCE CERTIFICATE

DESIGN REVIEW AND TRANSPORTATION DEMAND MANAGEMENT PLAN This is to certify that the San Carlos Planning and Transportation Commission on November 6, 2023, granted approval of Design Review and Transportation Demand Management Plan to the applicant and owner of 501 Industrial Road, Holly Hotel Group, LLC, (hereafter "Applicant") to allow for the construction of a new 188 room hotel development with a total of 118,884 square feet at 501 Industrial Road (APN: 046-090-410). The application was approved subject to the following conditions:

Planning

1. All structures, parking areas, and landscaping shall be in substantial compliance with the plans prepared by RYS Architects Engineers, dated August 9, 2023, and consisting of forty-nine (49) sheets, as presented to and approved by the Planning and Transportation Commission at the November 6, 2023 hearing.

2. Construction of this project shall be in strict conformance with the plans approved by the Planning and Transportation Commission on November 6, 2023. If the Building Division's set of drawings, or other subsequent plans, differ substantially as determined by Planning Staff from the approved drawings, the set of drawings shall require re-review by the Planning and Transportation Commission.

3. Pursuant to San Carlos Municipal Code Chapter 18.29, the colors and materials of the structure and improvements shall be in substantial compliance with those presented and described within the application materials. Any changes determined to be significant as determined by the Community Development Director shall be reviewed and approved by the Planning and Transportation Commission.

4. New signs are subject to compliance with San Carlos Municipal Code Chapter 18.22 and with the Development Plan, dated August 9, 2023.

5. Prior to the issuance of a Final Certificate of Occupancy, a Landscape Architect shall certify in writing that the landscaping and irrigation systems are installed in accordance with the approved landscape and irrigation plan.

6. Pursuant to San Carlos Municipal Code Sections 18.18.070 and 18.41.020, the project proponent shall obtain a permit to remove any tree(s) protected under the City’s Interim Protected Tree Ordinance, as determined by an arborist, and shall also prepare a tree protection plan that includes a map of the tree protection zone and is included in the construction drawings and bid package. Removed trees will be replaced in accordance with the ordinance at the discretion of the Community Development Director. If any removed trees are within the jurisdiction of California Department of Fish and Wildlife (CDFW), and CDFW issues a Lake and Streambed Agreement for the project, the tree replacement ratios shall comply with CDFW requirements.

7. Pursuant to San Carlos Municipal Code Chapter 18.29, a final exterior lighting plan with

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specifications in conformance with the approved plans is subject to review and approval by the Planning Division prior to Building Permit issuance.

8. The developer shall be responsible for the maintenance of all the on-site landscaping within the project and shall maintain the landscape in proper growing condition for the life of the project to the satisfaction of the Community Development Director.

9. In anticipation of discovery of unknown archaeological resources during construction, Archaeological Sensitivity Training shall be carried out by a qualified archaeologist for all personnel who will engage in ground disturbing activities on the site. The training shall be conducted at the start of construction and prior to ground disturbance. The training shall include suitable photographic materials showing the kinds of artifacts and evidence of prehistoric archaeological sites likely to be found in the area, as well as written and verbal descriptions for archaeological resources and signs of potential archaeological discovery. The training will also include written materials describing what to do in the event of a discovery, or suspected discovery of archaeological resource.

10. In the event archaeological resources are unearthed during ground-disturbing activities, all ground-disturbing activities within 100 feet of the find shall be halted so that the find can be evaluated. Ground moving activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. All Native American artifacts (tribal finds) shall be considered as a significant Tribal Cultural Resource, pursuant to PRC 21074 until the lead agency has enough evidence to make a determination of significance. The City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. If appropriate, the archaeologist may introduce archaeological monitoring on all or part of the site. An archaeological report will be written detailing all archaeological finds and submitted to the City and the Northwest Information Center.

11. If human remains are unearthed during ground-disturbing activities, Section 7050.5(b) of the California Health and Safety code will be implemented. Section 7050.5(b) states:

In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27492 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code.

The County Coroner, upon recognizing the remains as being of Native American origin, is responsible to contact the Native American Heritage Commission (NAHC) within 24 hours.

The Commission has various powers and duties, including the appointment of a Most Likely Descendant (MLD) to the Project. The MLD, or in lieu of the MLD, the NAHC, has the responsibility to provide guidance as to the ultimate disposition of any Native American remains.

12. If paleontological resources are discovered during construction, ground-disturbing activities shall halt immediately until a qualified paleontologist can assess the significance of the

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discovery. Depending on determinations made by the paleontologist, work may either be allowed to continue once the discovery has been recorded, or if recommended by the paleontologist, recovery of the resource may be required, in which ground-disturbing activity within the area of the find will be temporarily halted until the resource is recovered. If treatment and salvage is required, recommendations shall be consistent with Society of Vertebrate Paleontology guidelines and current professional standards.

13. If human remains are unearthed during ground-disturbing activities, Section 7050.5(b) and (c) of the California Health and Safety code will be implemented. Section 7050.5(b) and (c) states:
(b) In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27492 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains.
(c) If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. [In which case, section 5097.98 of the California Public Resources Code would apply.]

14. All electrical, telephone, cable television, and similar distribution lines providing direct service to the project shall be installed underground (SCMC Section 18.15.120). Compliance shall be demonstrated in both architectural and civil plans.

15. Prior to Building Permit issuance, the Applicant shall provide documentation that Recology has reviewed and deemed adequate the proposed on-site trash and recycling accommodations. The Applicant shall provide a final Trash Management Plan confirming review and approval by Recology, including the final dumpster enclosure design.

16. To the extent consistent with the Fire Code, all new Fire Department Connections and backflow devices proposed shall be as unobtrusive as possible. All fire water plumbing shall be aesthetically placed behind a design element to screened to the extent feasible. Final design and placement shall be subject to Planning Division review and approval prior to Building Permit issuance.

17. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance, Zoning Ordinance Section 18.18.080.

18. Whenever feasible, and consistent with the landscaping plans approved for the project as referenced in Condition #1 above, the project shall incorporate landscaping that minimizes irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices such as Bay- Friendly Landscaping.

19. To ensure that project activities comply with the Migratory Bird Treaty Act and California Fish and Game Code, the following measures shall be implemented:
a. To the extent feasible, construction activities should be scheduled to avoid the nesting

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season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code will be avoided. The nesting season for most birds in San Carlos extends from February 1 through August 31.
b. If it is not possible to schedule construction activities between September 1 and January 31, then pre-construction surveys for nesting birds should be conducted by a qualified biologist to ensure that no nests will be disturbed during project implementation. These surveys shall be conducted no more than seven days prior to the initiation of construction activities. During this survey, the biologist will inspect all trees and other potential nesting habitats (e.g., shrubs, ruderal grasslands, and buildings) in and immediately adjacent to the impact areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the biologist will determine the extent of a construction-free buffer zone to be established around the nest (typically 300 ft for raptors and 100 ft for other species, as recommended by the California Department of Fish and Wildlife), to ensure that no nests of species protected by the Migratory Bird Treaty Act and California Fish and Game Code will be disturbed during project implementation.
c. If construction activities will not be initiated until after the start of the nesting season, all potential nesting substrates (e.g., bushes, trees, grasses, and other vegetation) that are scheduled to be removed by the Project be removed prior to the start of the nesting season (e.g., prior to February 1). This will preclude the initiation of nests in this vegetation and prevent the potential delay of the Project due to the presence of active nests in these substrates.

20. All mechanical and electrical equipment shall be incorporated into the design of buildings or screened to the satisfaction of the Community Development Director (SCMC Section 18.15.090) and shall comply with the approved screening as shown in the Plan Set as approved and referenced in Condition #1 above.

Airport Land Use Commission and Federal Aviation Administration

21. The project shall comply with all conditions and requirements of the Airport Land Use Commission (ALUC) and Federal Aviation Administration (FAA). The structure heights shall not exceed the heights approved by the ALUC or FAA at any time for the life of the project.

At the time of Building Permit submittal, the Applicant shall demonstrate compliance with Airspace Protection Policy 6 of the Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (SQL ALUCP).

22. The project shall comply with the real estate disclosure requirements outlined in Overflight Policy 1 of the San Carlos ALUCP.

Transportation Demand Management Plan

23. A report, documenting the TDM activities undertaken and their results, shall be submitted to the Director annually at the responsibility of the Applicant and/or its tenant(s). A three and five-year review shall evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program's objectives, per the Director's review and approval. The Director may impose reasonable changes to assure the program's objectives will be met. The Applicant and/or its tenant(s) shall be required to pay for the costs associated with the City review of the annual and five-year review reports.

24. The developer and/or operators shall be responsible for supplying Planning Staff with the contact information for the Designated TDM Contact person.

25. Pursuant to Chapter 18.25 of the City of San Carlos Municipal Code and San Mateo County Congestion Management Program Land Use Implementation Policy (C/CAG TDM Policy), a

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Transportation Demand Management Plan shall be implemented for the life of the project as presented to and approved by the Planning and Transportation Commission. The owner and/or future tenants shall be responsible for supplying Planning Staff with the contact information for the Designated TDM Contact person.

26. The property owner shall ensure compliance with the San Mateo County Congestion Management Program Land Use Implementation Policy (C/CAG TDM Policy). Specifically, the property owner shall ensure that the measures identified in the approved C/CAG TDM Checklist appended to this application are implemented over the life of the project, and that the property owner and tenants acknowledge the requirement to participate in the periodic monitoring and reporting requirements identified in the C/CAG TDM Policy. Accordingly, it is recommended that the property owner and/or developer clearly identify these TDM provisions and responsibilities in any sales and/or lease or sublease transactions.

27. A report documenting the TDM activities undertaken and their results shall be submitted to the Community Development Director annually at the responsibility of the Applicant. The Director may impose reasonable changes to assure the program’s objectives will be met. The owner and/or future tenants shall be responsible for ensuring that C/CAG TDM Policy requirements and monitoring and reporting are met.

28. As new more efficient and effective TDM measures become available to reduce vehicle trips, these measures may be included or substituted to maintain the trip reduction levels described in the Plan. Any such substitutions shall be to the satisfaction of the Community Development Director. Any changes determined to be substantive or inconsistent with the TDM Plan by the Community Development Director shall require review and approval by the Planning Commission.

29. If a Transportation Management Association (TMA) is established in San Carlos that can serve the project site, the property owner shall participate in the TMA. The level of financial contribution of the participants in the TMA shall be based on an equitable measure such as square footage (or similar metric) as agreed upon by the participants and the City.

Impact and Development Fees

30. The Applicant shall pay the commercial linkage fee prior to the issuance of a building permit as calculated by the Community Development Director based on the applicable fee schedule. The Applicant shall satisfy the requirements of Chapter 8.52 of the San Carlos Municipal Code by complying with the terms of Section 5.1 and Section 6.2.5 of the Development Agreement by and between the Applicant and City.

31. The Applicant shall pay the sewer connection, storm water fee and Transportation Impact Mitigation Fee prior to the issuance of a building permit as calculated by the Public Works Department .

City Departmentwide Requirements

32. A Construction Operations and Staging Plan, including traffic control, shall be submitted, reviewed, and approved by the Building Division , Planning Division, and City Engineer prior to building permit issuance and any work in the public right-of-way .

33. Prior to issuance of a building permit, a preconstruction meeting shall be held with Community Development Department staff, the architect, Applicant, and contractor to review the plans and conditions of approval.

Building

34. Hoods: Commercial type deep fat fryers, broilers, grills, hot top ranges, ovens, barbecues,

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rotisseries, and similar equipment that emits comparable amounts of smoke or grease in a food- processing establishment shall be provided with Type I Hoods. CMC 508.1.

35. Accessible Means of Egress: CBC 1009.2.1 requires elevators to be part of the accessible means of egress in buildings where a required accessible floor is four or more stories above the level of exit discharge. Further, CBC 1009.4 requires standby power for the elevators. Provide compliance with these code sections or the exceptions to these code sections.

36. Gurney Sized Elevators: Elevator car shall be able to accommodate an ambulance stretcher, 24” x 84”, per CBC 3002.4 and 3002.4a.

37. Rating of Exterior Walls at Exit Stairs: Exterior walls at and within 10 feet of exit stairs are required to be 1-hour fire rated with ¾-hour rated openings per CBC 1023.7. Revise the plans to show compliance.

38. Green Building: Building shall comply with the current California Green Building Standards Code Mandatory Measures.

39. Open Flame Appliances in an Assembly Spaces: Sheet A1 shows a fireplace at the exterior courtyard. Open flame fireplaces or fire pits are not permitted. Revise the plans to show compliance. CFC 308.3

40. Solar Ready Buildings - The building shall be solar ready per CEnergyC 110.10.

41. All Electric Building: In accordance with the San Carlos Municipal Code Section 15.04.080 and

15.04.125, new buildings shall comply with the City’s all electric building requirement.

42. Consistent with plan check procedures for Building Permit consideration, proper foundation engineering and construction shall be performed in accordance with the recommendations of a Registered Geotechnical Engineer and a Licensed Professional Engineer. The structural engineering design, with supporting Geotechnical Investigation, shall incorporate seismic parameters compliant with the California Building Code.

43. Project plans shall include a note regarding the elevation and floodproofing of non-residential construction per City Ordinance 15.56.150.C.

44. Window Glazing. The project shall be constructed with exterior building glass that has anti- glare glazing or coatings to reduce the potential for sunlight glare from the buildings to adversely impact motorists on surrounding roadways or adjacent land uses. The project shall also implement bird-safe glazing.

45. All project plans and reports shall be stamped and signed by Engineer or Architect of record.

46. Construction Activities shall comply with the City’s noise ordinance (Chapter 9.30 of the San Carlo Municipal Code).

47. The project shall implement BAAQMD’s Construction Fugitive Dust Best Management Practices and shall provide notes on the plans submitted to the Building Division for permits. a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph. e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

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f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).

Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specification. All equipment shall be checked by a certified visible emissions evaluator.
f) Post a publicly visible sign with the telephone number and person to contact at the County Department of Public Works regarding dust complaints. The Department of Public Works or its contractor shall respond and take corrective action within 48 hours.

The publicly visible sign shall also include the contact phone number for the Bay Area Air Quality Management District to ensure compliance with applicable regulations.

48. Developer shall submit with the building permit application an existing condition plan showing the following information:
a. Topographic information, existing contours, elevations, trees, structures and above- ground features
b. Resolved boundary
c. Existing public and private easements
d. Existing curb lines, sidewalk, signal pole, street light utility boxes, driveways, underground utilities or frontage streets
e. Existing lot line and lot areas

49. Prior to Building Permit Issuance, the Applicant shall provide a current (less than 6 month old) preliminary title report and all supporting documents.

50. Applicant shall submit for a dewater plan during construction for review during Building permit application.

51. Prior to Building Permit issuance, the Applicant shall demonstrate with appropriate sections and grade elevations at all property lines adjoining adjacent properties that project site does not drain towards neighboring properties. Cross lot drainage including overflow drainage is prohibited.

52. Prior to Building Permit issuance, the Applicant shall provide composite joint trench plans, on- site and off-site signing and striping plans. The joint trench plans shall show any new dry utilities to be place underground. In addition, any existing overhead utilities with the site or along the project street frontages shall be placed underground.

53. Project plans shall include, but not be limited to all applicable City Standard details and cross reference all City details for the driveways, sidewalks, storm drain, water service, sewer lateral connection, sewer cleanout, and junction box connection.

Engineering

54. Prior to issuance of any grading and/or building permit, Developer shall obtain approval from the City Engineer of the water, sewer, and storm drain studies for this development. These studies shall provide detailed calculations to confirm adequate design of these utilities. Any costs associated with the analysis shall be paid by the Developer.

55. Prior to Building permit issuance, the Applicant shall submit a water system analysis showing required demand for project including fire flow calculations and existing water systems ability to handle domestic and fire demand for project. Any costs associated with the analysis shall be paid by the Developer.

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56. A grading permit will be required from Public Works and the following condition shall apply:
a. The Developer’s civil engineer shall submit a drainage report, hydrologic study, hydraulic calculations, and drainage improvement plans. Storm water shall, under no circumstances, be introduced into the sanitary sewage system, but shall be confined to surface and subsurface drainage facilities provided. Applicant must provide pre- improvement runoff and post-improvement runoff calculations. Post-improvement runoff totals cannot exceed pre-improvement runoff totals. b. The Developer shall submit detailed earthwork quantity calculations that include total cut, fill and import or export quantities. Provide an earthwork quantities table on Grading plan sheet with the following:
i. Total displaced quantities, including cut and fill amounts ii. Total hauling quantities, including import and off-haul c. Based on the extent of the grading plan, a Grading Bond, in an amount to be determined by the City Engineer, shall be posted and remain in place until all grading is complete and approved.
d. Prior to issuance of a Grading Permit, the Applicant shall submit a proposed haul route plan and obtain approval from Public Works Department.

57. A grading/hauling permit shall be obtained from the Public Works Department prior to start of construction. Grading shall only be permitted between the hours of 8:00 a.m. and 5:00 p.m.

Monday through Friday and 9:00am to 5:00pm on Saturdays. No grading activities on Sundays and holidays as specified in San Carlos Municipal Code Section 9.30.070 (B). Dirt haul activities shall be limited to the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday. No dirt haul work shall be permitted on Saturday, Sundays and holidays, as specified in San Carlos Municipal Code Section 15.36. The City Engineer has the discretion to grant exceptions to the grading and hauling times.

58. The final drainage and grading plan shall provide the detention listed in and otherwise conform to the Hydrology Report Calculations, Project Impact on Storm Drain Main, Industrial Road, by SMP Engineers dated June 26, 2023

59. An encroachment permit must be obtained from the Public Works Department prior to the start of any work within the public right-of-way or a public utilities easement including, but not limited to, the installation of sewers and other utilities, sidewalk, curb and gutter, driveway, wall fence, or other construction. An encroachment permit is also required for the placement of debris boxes, storage containers, or construction materials within the public right-of-way.

60. Developer shall submit a Storm Water Management Plan in accordance with the following timeline:
a) At the time of building permit plan check submittal or grading plan submittal, Developer shall submit a “final” Stormwater Management Plan and Report. Site grading, drainage, landscaping and building plans shall be consistent with the approved Stormwater Management Plan. The Plan and Report shall be prepared by a licensed Civil Engineer and certify that measures specified in the report meet the C.3 requirements of the Regional Water Quality Control Board (RWQCB) Order, and shall be implemented as part of the site improvements.
b) Prior to building permit issuance, Developer shall submit an Operation and Maintenance (O&M) Plan for the long-term operation and maintenance of C.3 treatment facilities. c) Prior to Final occupancy, Developer shall execute and record an O&M Agreement with the City for the operation, maintenance and annual inspection of the C.3 treatment facilities.

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The Stormwater Management Plan shall be prepared and implemented in compliance with the San Mateo Countywide Water Pollution Prevention Program (SMCWPPP), Provision C.3 of the County’s Municipal Regional Stormwater NPDES Permit and any other required provisions of the City of San Carlos Municipal Code. The plan shall specify best management practices for the control and prevention of stormwater pollution. The plan shall address both construction-phase and post-construction pollutant impacts from development. Construction-phase measures shall include: erosion control measures such as installing fiber rolls, silt fences, gravel bags, or other erosion control devices around and/or downslope of work areas and around storm drains prior to earthwork and before the onset of any anticipated storm events; monitoring and maintaining all erosion and sediment control devices; designating a location away from storm drains when refueling or maintaining equipment; scheduling grading and excavation during dry weather; and removing vegetation only when absolutely necessary. Post-construction drainage controls shall be specified to capture and treat stormwater onsite.

61. Prior to Building Permit issuance, the Applicant shall provide a roof slope and roof leader plans showing the location of downspouts and direction of flow associated with the drainage area for each leader with the civil drawings.

62. A sewer permit shall be obtained from the Public Works Department prior to starting of any sewer construction work.

63. All storm water inlets shall be marked with appropriate stormwater pollution prevention message such as “no dumping – flows to bay.” Developer is responsible to add these markings upon construction.

64. Per City standard details, approved materials for sewer laterals are HDPE DR21 or better, and PVC SDR-26 or better; and a 2% minimum slope is required. VCP is not a City approved material and noting 1% minimum slope for new sewer laterals is not consistent with the City standard details. Revise and include inverts necessary to verify slopes with the building permit submit.

65. Project plans shall show a backflow prevention device for the sewer lateral which shall be on- site and owned and maintained by owner.

66. Developer shall own, operate and maintain all on-site (private) utilities, except where located in public easements or approved by the appropriate water service agency for the water system.

The separation between public and private shall be indicated by water meters & backflows (potable water), cleanouts (sewer), and manholes as directed by the City Engineer.

67. All existing utilities shall be properly disconnected before the existing building can be demolished.

Developer shall demonstrate to City Engineer how the existing water service(s), sewer service(s) and storm service(s) will be disconnected prior to doing so. All existing utilities shall be disconnected and/or abandoned as directed and to the satisfaction of the City Engineer.

68. Developer shall submit plans showing proposed water, sanitary sewer, and fire services for the proposed building connected to a public main in the public right-of-way to the satisfaction of the City Engineer. Different types of water use (domestic, irrigation, or fire) should be served by separate water services each separately tapped at the water main.

69. Developer shall replace the existing curb, gutter, and sidewalk within the public right-of-way (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extent of said replacement shall be at the discretion of the City Engineer or his designee.

70. The driveway approaches shall be constructed per City Standards.

71. Project plans shall indicate and show all existing and/or proposed private and public easements, including public easements for sidewalks.

72. Temporary shoring shall not encroachment in the public right-of-way. Submit temporary shoring plan for review.

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73. Prior to Building Permit issuance, the Applicant shall submit a current, signed and stamped topographic and boundary survey prepared by a registered land surveyor showing existing conditions and boundary information.

Fire

74. Backflow Preventers and Fire Department Connection Location: Any new backflow preventers or fire department connections proposed shall be unobtrusive. All fire water plumbing shall be enclosed within the structure's walls or aesthetically placed behind a design element with only the necessary connection and required drains or test valves visible. Final design and placement shall be subject to Planning Division review and approval prior to Building Permit issuance.

75. Prior to Building Permit issuance, the Applicant shall show the on-site fire system layout including size, connection points, FDC, PIV and on-site hydrants. Fire flow calculations and proposed fire protection system including but not limited to looping of fire line, number and location of fire hydrants shall be reviewed and approved by fire marshal.

76. The Applicant shall comply with all requirements of the Fire Department.

Caltrans

77. The project shall include plans and details showing how stormwater runoff from the proposed development will connect to the existing 24-inch drainage system running north-south beneath Industrial Road. The plans shall include calculations, including but not limited to, flow quantities, downstream drainage system capacities, and graphic representations of hydraulic grade line elevations demonstrating adequate flow containment. The developer shall coordinate with CalTrans.

Other

78. Solar shall be installed on the building.

Mitigation Monitoring and Reporting Program
The Applicant shall implement the Mitigation Measures identified in the Environmental Impact Report and the Mitigation Monitoring and Reporting Program for the 501 Industrial Road Project and as listed below.

79. AQ-2: Air Quality. The project contractor shall comply with the Bay Area Air Quality Management District’s (BAAQMD) basic best management practices for reducing construction emissions of uncontrolled fugitive dust (coarse inhalable particulate matter [PM10] and fine inhalable particulate matter [PM2.5]):
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.

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• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the project site.
• Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
• Publicly visible signs shall be posted with the telephone number and name of the person to contact at the City of San Carlos regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

80. AQ-3: Air Quality. Construction contractors shall use United States Environmental Protection Agency Tier 4 Interim equipment for all off-road, diesel-powered construction equipment of greater than 50 horsepower (HP) that are in use over 20 hours and Tier 4 Final equipment for all off-road, diesel-powered equipment of 50 or less HP that are in use over 20 hours, unless it can be demonstrated to the City of San Carlos Building Division that such equipment is not commercially available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier 4 Interim and Tier 4 Final engines similar to the availability for other large-scale construction projects in the city occurring at the same time and taking into consideration factors such as (i) potential significant delays to critical-path timing of construction and (ii) geographic proximity to the project site of Tier 4 Interim and Tier 4 Final equipment. Where such equipment is not commercially available, as demonstrated by the construction contractor, Tier 3 equipment retrofitted with a California Air Resources Board’s Level 3 Verified Diesel Emissions Control Strategy shall be used.

Furthermore, all diesel generators, if used, shall be fitted with a Level 3 diesel particulate filter (DPF). The requirement to use Tier 4 Interim and Tier 4 Final equipment for all off-road, diesel-powered construction equipment in use over 20 hours, and the requirement for diesel- powered generators fitted with Level 3 DPF shall be identified in construction bids. In addition, the following shall also be completed:
• Requirements for off-road equipment:
• Prior to construction, the project engineer shall ensure that all demolition and grading plans clearly show the requirement for United States Environmental Protection Agency Tier 4 Interim or higher emissions standards for all off-road, diesel-powered construction equipment in use over 20 hours and the level 3 DPF for all diesel generators.
• During construction, the construction contractor shall maintain a list of all operating off-road equipment in use over 20 hours on the construction site for verification by the San Carlos Building Division.

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• The construction equipment list shall state the makes, models, Engine Identification Numbers, Engine Family Numbers, and numbers of off-road construction equipment on-site.
• To the extent that equipment is available and cost-effective, contractors shall use electric, hybrid, or alternate-fueled off-road construction equipment. • Contractors shall use electric construction tools, such as saws, drills, and compressors, where grid electricity is available.
• Construction contractors shall also ensure that all nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. • All sub-contracts and construction documents shall identify that all non-essential idling of construction equipment is restricted to 5 minutes or less in compliance with California Air Resources Board Rule 2449. The construction contractor is responsible for ensuring that this requirement is met.
• Construction contractors shall water exposed surfaces at least three (3) times per day.
• Construction contractors shall apply non-toxic soil stabilizers to exposed disturbed surfaces.

81. CULT-2: Cultural Resources. Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the CEQA Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan. Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

82. CULT-3: Cultural Resources. In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on-site, or elsewhere. Associated grave goods are to be treated in the same manner.

83. GEO-1: Geology and Soils. Project construction shall adhere to the recommendations of the October 21, 2019, Professional Service Industries Geotechnical Engineering Report for

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the Proposed Hotel Indigo, 501 Industrial Road, San Carlos, California (Project Geotechnical Report) which provides preliminary recommendations for site preparation, engineered fill, excavation, foundations, concrete slabs, below-grade walls, retaining walls, drainage, pavement, corrosivity, and construction monitoring.

84. GEO-6: Geology and Soils. In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery, as needed, in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the finding under the criteria set forth in California Environmental Quality Act (CEQA) Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The plan shall be submitted to the City of San Carlos for review and approval prior to implementation.

85. NOI-1: Noise. The project applicant shall incorporate the following practices into the construction contract specifications to be implemented by the construction contractor during the entire construction phase of the proposed project. The project applicant and contractors shall prepare a Construction Noise Control Plan that includes the following measures:
•The construction contractor shall appoint a liaison to coordinate directly with Residence Inn hotel management and the Greater Eastside Neighborhood Association on a weekly basis throughout the entire project construction to discuss ongoing construction schedule updates and noise concerns. The appointed liaison shall provide their contact information to the hotel management at least 10 days prior to the start of construction.
•A masonry wall exists along the boundary between the project site and the Residence Inn hotel to the southeast. This wall shall be maintained and extended to 10 feet in height during building construction or, if this wall is no longer existing at the time of project construction or is removed, the construction manager shall erect a new temporary sound barrier/curtain along the project boundary between the construction zone and the Residence Inn hotel to the southeast. A second temporary noise barrier/curtain shall also be erected along the southwest project boundary to reduce noise levels at the residences across Industrial Road. The temporary sound barrier shall have a minimum height of 8 feet and be free of gaps and holes (including from the ground). The barrier(s) should be constructed of either:
oa 0.75-inch-thick plywood wall; or
oa hanging blanket/curtain with a surface density of at least 2 pounds per square foot; or
oother similar sound attenuation feature that achieves equivalent reductions, should an alternative method be necessary based on-site constraints.
•Construction trucks and equipment shall utilize the best available noise control techniques including improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible. •Impact tools (e.g., pneumatic or electrical impact wrench, gun, torque gun) shall be hydraulically or electrically powered. Where the use of pneumatic tools is

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unavoidable, they shall include exhaust mufflers on the compressed air exhaust and external noise jackets on the tools.
•Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. The signs shall note that all other equipment shall be turned off if not in use for more than 5 minutes. The construction manager shall be responsible for enforcing these noise reduction requirements.
•During the entire active construction period, the use of noise-producing signals— including horns, whistles, alarms, and bells—shall be for safety warning purposes only. The construction manager shall require the use of smart back-up alarms on equipment. (These devices automatically adjust the alarm level based on the background noise level.) Alternately, equipment back-up alarms may be turned off and replaced with human spotters in compliance with all safety requirements and laws.
•Stationary noise sources (e.g., generators and air compressors) shall be located as far from the southeast and southwest property lines as possible, and they shall be muffled and enclosed within temporary sheds, insulation barriers, or other measures to reduce noise levels to below 80 dBA Leq.
•Material stockpiles shall be located as far as feasible from the southeast and southwest property lines to reduce noise from trucks and tractors. •At least 10 days prior to the start of any construction activity on the project site, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representative that is assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the action to the City.

86. TCR-1.1: Tribal Cultural Resources. Project supervisors, contractors, and equipment operators shall participate in an Archaeological Resource Awareness Training, conducted by a Secretary of Interior-qualified archaeologist, to become familiar with the type of artifacts and features that could be encountered during project-related ground disturbing activities, as well as the procedures to follow if archaeological resources are unearthed during construction. If archaeological resources are encountered during excavation or construction, construction personnel shall immediately suspend all activity within 100 feet of the suspected resources and the City and a licensed archaeologist shall be contacted to evaluate the situation. A licensed archaeologist shall be retained to inspect the discovery and determine the significance of the find and the appropriate mitigation. If the deposits are determined to be potentially significant, the resources shall be avoided if feasible. If avoidance is not feasible, project impacts shall be mitigated in accordance with the recommendations of the archeologist, in coordination with the City, local tribe, and the California Environmental Quality Act (CEQA) Guidelines Section 15126.4 (b)(3)(C), which requires implementation of a data recovery plan. Once the recovery plan has been reviewed and approved by the City, implemented, and any appropriate resource recovery completed, project construction activity within the area of the find may resume.

87. TCR-1.2: Tribal Cultural Resources. In the event a human burial or skeletal element is identified during excavation or construction, all work must stop within 100 feet of the discovery area and the area shall be secured to prevent further disturbance. The City and the San Mateo County Coroner’s office shall be notified immediately. If deemed prehistoric, the Coroner’s office would notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would identify a "Most Likely Descendant (MLD)." The

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archaeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on-site, or elsewhere. Associated grave goods are to be treated in the same manner.

Andrea Mardesich, Assistant
Community Development Director
Effective Date: _____, 2023

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CITY OF SAN CARLOS

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the San Carlos City Council will hold a Public Hearing on Monday, November 27, 2023 at 7:00 p.m., for the purpose of hearing and considering all comments of all persons interested in or concerned with the application submitted by Holly Hotel Group, LLC for Certification of the Environmental Impact Report, Approval of an Ordinance Rezoning the Site to Planned Development Zoning and Approving a Planned Development Plan and Approval of an Ordinance Approving a Development Agreement to develop a new 188 room Indigo Hotel at 501 Industrial Road (APN 046-090-410). The request is pursuant to San Carlos Municipal Code Chapters 18.25, 18.29, 18.36, and 18.37.

Project Description. The applicant proposes a 118,884 square feet hotel building on a 2.09 acre site, at the southeast corner of Holly Street and Industrial Road. The hotel would include meeting spaces, landscaping, and 188 guest rooms. The building along Holly Street would be six stories and 74’-4” to the parapet and 81’-8” to the top of the roof tower, with the portion of the building along Industrial Road would be four stories and 43’-7” to the top of the parapet. Parking would be provided at grade and includes 148 spaces.

The Planning and Transportation Commission, at its November 6, 2023 meeting, voted 5-0 to adopt Resolution PTC2023-18, recommending the City Council certify the Final Environmental Impact Report and approve the Mitigation Monitoring Program, voted 5-0 to adopt Resolution PTC2023-19, recommending the City Council rezone the site to Planned Development and approval of a Planned Development Plan, and voted 5-0 to adopt Resolution PTC2023-20 recommending the City Council adopt an Ordinance approving the Development Agreement. The Planning and Transportation Commission voted 5-0 to approve the Design Review and Transportation Demand Management Plan. The Draft Environmental Impact Report was available for public comment between August 11, 2023 and September 25, 2023. The Planning & Transportation Commission held a public hearing on August 21, 2023 to receive public comments on the Draft Environmental Impact Report. After closure of the public comment period, a Final Environmental Impact Report was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the 501 Industrial Road Hotel development.

Agenda. City Council agenda materials may be viewed online beginning Thursday, November 23, 2023 at www.cityofsancarlos.org/agenda at the City Clerk’s Department in City Hall – 600 Elm Street; and at the San Carlos Library – 610 Elm Street. Details and instructions on how to observe the meeting and address the Council will be available on the agenda.

Questions and Comments. Questions regarding the project may be directed to Lisa Costa Sanders, Principal Planner at [email protected]. Comments may be sent via email to the City Clerk – [email protected] and the City Council – [email protected]; or mailed to the City Clerk at 600 Elm Street, San Carlos, CA 94070, or made in-person at the public hearing.

All persons interested in the above are hereby invited to attend this public hearing and be heard. If you challenge this proposal in court, you may be limited to raising only those issues you or someone else raised at the public meeting and hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing.

Crystal Mui,
City Clerk
Mailing Date: November 16, 2023
Publication Date: November 16, 2023

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Subject: ConcernsRegardingProposedDevelopment at 501Industrial Dear SanCarlosCityCouncil Members,
I amwritingonbehalf of theGreater East SanCarlos(GESC) Boardtoexpressour concernsregardingtheproposeddevelopment at 501Industrial. Whileweunderstandtheimportanceof urbandevelopmentandprogress, webelieveit iscrucial toconsider thepotential impact ontheexistinginfrastructureandtrafficpatternsinthesurroundingarea.

Our mainconcernrevolvesaroundtheanticipatedincreaseintrafficthat thisdevelopment will bring,particularlygiventhechallenginglocationof theentryandexit points. Theproposedaccesspoints'proximitytofreewayonramps, theflowof trafficfromtheoverpass, andtheexistingbottleneckat theintersectionof HollyandIndustrial areworrisomeaspectsthat couldsignificantlyimpact theoverall trafficmanagement inthearea.

Thecurrent trafficcongestionnear thecorner of HollyandIndustrial isalreadyexacerbatedbytheentryandexit pointsof thenearbygasstationandthetwolanesturningontothe101Freewaythat tendtobackupat busytimes. Addingleft turnlaneseither intoandout of thepropertyasthedeveloper suggests, willleadtofurther backupsandcreateanenvironment leadingtomoreaccidentsanddelaysat anintersectionthat isalreadyheavilyimpactedbytraffic. Thissituationwill onlyget worseasthecurrentlyproposedbiotechdevelopmentsget built out. Wewouldliketoseeacomprehensiveindependent trafficanalysisthat takestheseproposednewdevelopmentsintoaccount inorder toseeif ahotel at thisintersectionwithsuchhighlyconstrainedentryandegresspointsshouldevenbedeveloped. Wearedeeplyconcernedabout thisdevelopment'simpactsontrafficandsafety.

WerespectfullyurgetheCityCouncil tothoroughlyassesstheproposeddevelopment'strafficmanagement planandensurethat it addressestheexistingchallengesinthearea. It isimperativetoconsider possiblesolutionssuchasoptimizingtheentryandexit pointsbyonlyallowingfor right-handturnsintoandout of thepropertybyimplementingislandstomakeleft-handturnsimpossibleandorconsideringanobuildout optionif theseproblemscannot beadequatelyaddressed.

Wewouldalsoliketoseethedeveloper contributetothefundingdeficit for theHighway101overpassandbike/ pedestrianimprovement project that hasbeendelayedfor over 5years.

Byaddressingtheseconcernsproactively, webelievetheCityCouncil canfoster responsibleandsustainabledevelopment that benefitsboththecommunityandthecityasawhole. Weappreciateyourdedicationtothewell-beingof SanCarlos, andwetrust that youwill carefullyconsider our concernsasyouevaluatetheproposeddevelopment at 501Industrial.

Thankyoufor your attentiontothismatter, andwelookforwardtothecontinuedcollaborationbetweentheCityCouncil andcommunityorganizationsfor thebetterment of SanCarlos.

Sincerely,
Jennifer RosseGESCBoardMember, CommunicationsGreater East SanCarlos(GESC) Board

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Traﬃ c Operations Analysis for the
501 Industrial Road Project
Prepared for the City of San Carlos
Submitted by
W-Trans
July 28, 2023

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Table of Contents
Executive Summary ..................................................................................................................................................................1 Introduction.................................................................................................................................................................................2 Transportation Setting.............................................................................................................................................................3 Capacity Analysis .......................................................................................................................................................................6 Site Entrance Queuing..........................................................................................................................................................24 Parking........................................................................................................................................................................................25 Conclusions and Recommendations............................................................................................................................... 26 Study Participants and References................................................................................................................................... 27 Figures

1. Study Area and Existing Lane Configurations ......................................................................................................................4

2. Existing Traffic Volumes .............................................................................................................................................................10

3. Near-Term Traffic Volumes .......................................................................................................................................................12

4. Cumulative Traffic Volumes......................................................................................................................................................14

5. Site Plan............................................................................................................................................................................................16

6. Project Traffic Volumes...............................................................................................................................................................17

7. Existing plus Project Traffic Volumes....................................................................................................................................19

8. Near-Term plus Project Traffic Volumes ..............................................................................................................................21

9. Cumulative plus Project Traffic Volumes.............................................................................................................................23 Tables

1. Signalized Intersection Level of Service Criteria – Circular 212.....................................................................................6

2. Intersection Level of Service Criteria........................................................................................................................................7

3. Level of Service Standards ...........................................................................................................................................................9

4. Existing Peak Hour Intersection Levels of Service............................................................................................................11

5. Near-Term Peak Hour Intersection Levels of Service......................................................................................................13

6. Cumulative Peak Hour Intersection Levels of Service ....................................................................................................15

7. Trip Generation Summary.........................................................................................................................................................15

8. Trip Distribution Assumptions.................................................................................................................................................18

9. Existing and Existing plus Project Peak Hour Intersection Levels of Service.........................................................18

10. Near-Term and Near-Term plus Project Peak Hour Intersection Levels of Service .............................................20

11. Cumulative and Cumulative plus Project Peak Hour Intersection Levels of Service..........................................22

12. Vehicle Queue Length at Project Driveway........................................................................................................................24

13. Parking Analysis Summary........................................................................................................................................................25 Appendices
A. Traffic Counts
B. Intersection Level of Service Calculations (Existing Conditions) C. Intersection Level of Service Calculations (Near-Term Conditions) Traffic Operations Analysis for the 501 Industrial Road Project July 28, 2023 i

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D. Intersection Level of Service Calculations (Cumulative Conditions) E. Intersection Level of Service Calculations (Existing plus Project Conditions) F. Intersection Level of Service Calculations (Near-Term plus Project Conditions) G. Intersection Level of Service Calculations (Cumulative plus Project Conditions) H. Intersection Level of Service Calculations (Mitigated Conditions) I. Queue Calculations
Traffic Operations Analysis for the 501 Industrial Road Hotel Project July 28, 2023ii

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Executive Summary
The proposed project is a business class hotel that would be located at 501 Industrial Road in San Carlos. This project is expected to generate an average of 756 daily trips, of which 68 would be during the a.m. peak hour and 58 would occur during the p.m. peak hour.

All of the eight study intersections are expected to operate at the same service levels with or without the addition of project-generated traffic under existing traffic volumes, except at the intersection of Holly Street/US 101 South Off Ramp where the operations would remain acceptable though it would degrade from LOS A to B upon the addition of project trips.

Under the near-term scenario volumes with or without project trips several study intersections would be expected to operate at unacceptable Levels of Service. However, the addition of project trips would increase the volume- to-capacity (V/C) ratio by less than 0.01, which is defined as an acceptable effect. The project would therefore not have any unaddressed adverse effects on traffic operation.

Under the cumulative scenario volumes with the addition of the project trips many of the study intersections are expected to operate at unacceptable Levels of Service. Completion of the recommended improvements described in the City’s Traffic Impact Fee is expected to improve operations at the intersection of Holly Street/Industrial Road so that an adverse effect would no longer occur. The addition of project trips at the remaining intersections would not exceed the established thresholds defined and are considered an acceptable effect.

The applicant should pay the City’s Traffic Impact Fee as a proportional share of the cost to implement the improvements necessary to achieve acceptable operation at the intersection of Holly Street/Industrial Road.

A separate southbound left-turn lane on Industrial Road at the project driveway is recommended to accommodate site-generated traffic. The left-turn lane should be 75 feet long to accommodate expected demand.

The number of parking spaces proposed by the project would be less than the amount required by the City but more than the anticipated parking demand estimated through application of standard ITE rates. The 30 bicycle parking spaces proposed exceeds the City requirement.

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Introduction
This report presents an analysis of the potential effects on traffic operation that would be associated with development of a 188-room hotel to be located at 501 Industrial Road in the City of San Carlos. The traffic study was completed in accordance with the criteria established by the City of San Carlos and is consistent with standard traffic engineering techniques. The operational analysis presented in this report is not intended for use in evaluating transportation impacts under the guidelines set forth in the California Environmental Quality Act (CEQA).

Prelude
The purpose of this study is to provide City staff and policy makers with data that they can use to make an informed decision regarding the proposed project’s potential effects on traffic operation, and any associated improvements that would be required in order to reduce these effects to an acceptable level according to the City’s General Plan or other policies. While no longer a part of the CEQA review process, vehicular traffic service levels at key intersections were evaluated for consistency with General Plan policies by determining the number of new trips that the proposed use would be expected to generate, distributing these trips to the surrounding street system based on anticipated travel patterns specific to the proposed project, then analyzing the impact the new traffic would be expected to have on the study intersections.

Project Profile
The proposed project would be located at 501 Industrial Road in the City of San Carlos bounded by Holly Street on the west and Industrial Road on the south. The proposed project would include a 188-room hotel with 155 parking spaces. Access to the site would be provided via a new driveway on Industrial Road. Additionally, the project would have short-term and long-term bicycle parking, pedestrian paths, and bicycle paths.

Traffic Operations Analysis for the 501 Industrial Road Hotel Project2 July 28, 2023

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Transportation Setting
Operational Analysis
Study Area and Periods
The study area consists of the following intersections selected with input from City staff:

1. Harbor Boulevard/Industrial Road

2. Holly Street/US101 Southbound Off-Ramp

3. Holly Street/Industrial Road

4. Holly Street/Old County Road

5. Holly Street/El Camino Real

6. East San Carlos Avenue/Industrial Road

7. Commercial Street/Industrial Road

8. Brittan Avenue/Industrial Road
Operating conditions during the a.m. and p.m. peak periods were evaluated to capture the highest potential impacts for the proposed project as well as the highest volumes on the local transportation network. The morning peak hour occurs between 7:00 and 9:00 a.m. and reflects conditions during the home to work or school commute, while the p.m. peak hour occurs between 4:00 and 6:00 p.m. and typically reflects the highest level of congestion during the homeward bound commute.

Study Intersections
The locations of the study intersections and the existing lane configurations and controls are shown in Figure 1.

A detailed description of each intersection is provided below.

Harbor Boulevard/Industrial Road is a signalized three-legged intersection with protected left-turn phasing on the southbound Harbor Boulevard approach. Crosswalks are present at the south and east legs. Bicycle lanes are present on Industrial Road.

Holly Street/US 101 South Off Ramp is a tee intersection that serves two movements. There is a raised median along Holly Street, so the eastbound through movement is separated from the southbound right-turn and westbound through movements. Right turns on red are permitted from the southbound right-turn lane. There are bicycle lanes on Holly Street.

Holly Street/Industrial Road is a four-legged signalized intersection with protected left-turn phasing on the northbound and southbound Industrial Road approaches; the northbound approach also has right-turn overlap phasing. There is split phasing on the eastbound and westbound Holly Street approaches. Crosswalks and associated pedestrian signal heads are present on the north, south, and west legs. Bicycle route pavement markings are present on the east side of the north leg and there are bicycle lanes on the west side of both the north, south, and east legs.

Holly Street/Old County Road is a four-legged signalized intersection with split phasing on the eastbound and westbound Holly Street approaches and protected left-turn phasing on the Old County Road approaches.

Crosswalks and associated pedestrian signal heads are present on the north, south, and east legs. There are bicycle lanes along Old County Road.

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Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 1 – Study Area and Existing Lane Configurations

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Holly Street/El Camino Real is a four–legged signalized intersection with protected left-turn phasing on all four approaches. Crosswalks and associated pedestrian signal heads are present on all four legs.

East San Carlos Avenue/Industrial Road is a signalized, four-legged intersection with protected left-turn phasing on the northbound and southbound Industrial Road approaches. The eastbound and westbound East San Carlos Avenue approaches have permitted left-turn phasing. Crosswalks and associated pedestrian signal heads are present on all four legs. There is bicycle detection phasing on all four legs, with bicycle lanes along Industrial Road; East San Carlos Avenue is marked as a bicycle route.

Commercial Street/Industrial Road is a signalized, four-legged intersection with permissive left-turn phasing on the Commercial Street approach and protected left-turn phasing for Industrial Road. Crosswalks and associated pedestrian signal heads are present on all four legs and there are bicycle lanes on Industrial Road. This intersection was signalized in 2020 and was formerly a three-legged unsignalized intersection.

Brittan Avenue/Industrial Road is a four-legged signalized intersection. There is protected left-turn phasing on the northbound and southbound Industrial Road approaches, and split phasing on the eastbound and westbound Brittan Avenue approaches. Crosswalks and associated pedestrian signal phasing are present on all four legs.

Bicycle lanes are present along Industrial Road.

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Capacity Analysis
Intersection Level of Service Methodologies
Level of Service (LOS) is used to rank traffic operation on various types of facilities based on traffic volumes and roadway capacity using a series of letter designations ranging from A to F. Generally, Level of Service A represents free flow conditions and Level of Service F represents forced flow or breakdown conditions. A unit of measure that indicates a level of delay generally accompanies the LOS designation.

Signalized Intersections
The study intersections under the jurisdiction of the City of San Carlos were analyzed using methodologies described in the Transportation Research Board’s (TRB) Circular 212. In the TRB Circular 212 method, the available capacity (V/C, or volume to capacity) of an intersection is estimated based on an average saturation flow rate and percent lost time. The saturation flow rate is the maximum number of vehicles per lane that can pass a fixed point in one hour with 100 percent green time. The percent time lost is associated with the change interval when no vehicles are entering the intersection. This method provides an indication of the ability of an intersection to accommodate additional traffic.

The TRB Circular 212 Planning methodology is the selected level of service calculation method for intersections in the San Mateo County ’s CMP Roadway System and as adopted by the City of San Carlos. As recommended by the CMP and based on San Mateo County data, intersection capacities were adjusted to a maximum of 1,850 vehicles per hour for a two-phase signal, 1,760 vehicles per hour for a three-phase signal, and 1,700 vehicles per hour for a four-phase signal. To ensure that an operational effect was not identified due to rounding, volume-to-capacity results are shown to three decimal places. The correlation between volume-to-capacity ratio and level of service for signalized intersections is shown in Table 1.

Table 1 – Signalized Intersection Level of Service Criteria – Circular 212 LOS
A
Interpretation V/C Ratio
Delay of 0 to 10 seconds. Most vehicles arrive during the green phase, so do not stop at all. Less than 0.60 B Delay of 10 to 20 seconds. More vehicles stop than with LOS A, but many drivers still do not have to stop.

0.60 - 0.69

0.70 - 0.79

0.80 - 0.89

0.90 - 0.99
C
D
E
Delay of 20 to 35 seconds. The number of vehicles stopping is significant, although many still pass through without stopping.

Delay of 35 to 55 seconds. The influence of congestion is noticeable, and most vehicles have to stop.

Delay of 55 to 80 seconds. Most, if not all, vehicles must stop and drivers consider the delay excessive.

F Delay of more than 80 seconds. Vehicles may wait through more than one cycle to clear the intersection.

1.00 and
Greater
Reference: Transportation Research Board Circular 212
Except for the US 101 South Ramps/Holly Street, all other study intersections were analyzed using the TRB Circular 212 methodology. The US 101 South/Holly Street intersection was analyzed using the signalized methodology published in the Highway Capacity Manual (HCM), Transportation Research Board, 6 th Edition, 2018. This source contains methodologies for various types of intersection control, all of which are related to a measurement of delay in average number of seconds per vehicle. The signalized methodology is based on factors including traffic volumes, green time for each movement, phasing, whether the signals are coordinated or not, truck traffic, and Traffic Operations Analysis for the 501 Industrial Road Hotel Project6 July 28, 2023

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pedestrian activity. Average stopped delay per vehicle in seconds is used as the basis for evaluation in this LOS methodology. For purposes of this study, delays were calculated using optimized signal timing. The ranges of delay associated with the various Levels of Service are indicated in Table 2.

Table 2 – Intersection Level of Service Criteria
LOS Two-Way Stop-Controlled Signalized
A Delay of 0 to 10 seconds. Gaps in traffic are readily available for drivers exiting the minor street.

Delay of 0 to 10 seconds. Most vehicles arrive
during the green phase, so do not stop at all.

B
C
Delay of 10 to 15 seconds. Gaps in traffic are
somewhat less readily available than with LOS A, but with LOS A, but many drivers still do not have to no queuing occurs on the minor street. stop.

Delay of 10 to 20 seconds. More vehicles stop than
Delay of 15 to 25 seconds. Acceptable gaps in traffic Delay of 20 to 35 seconds. The number of vehicles are less frequent, and drivers may approach while
another vehicle is already waiting to exit the side
street.
stopping is significant, although many still pass
through without stopping.

D
E
Delay of 25 to 35 seconds. There are fewer acceptable Delay of 35 to 55 seconds. The influence of gaps in traffic, and drivers may enter a queue of one or congestion is noticeable, and most vehicles have to two vehicles on the side street. stop.

Delay of 35 to 50 seconds. Few acceptable gaps in
traffic are available, and longer queues may form on
the side street.

Delay of 55 to 80 seconds. Most, if not all, vehicles
must stop and drivers consider the delay excessive.

F Delay of more than 50 seconds. Drivers may wait for Delay of more than 80 seconds. Vehicles may wait long periods before there is an acceptable gap in through more than one cycle to clear the traffic for exiting the side streets, creating long queues. intersection.

Reference: Highway Capacity Manual, Transportation Research Board, 2018 Unsignalized Intersections
The Levels of Service for the intersections with side street stop controls, or those which are unsignalized and have one or two approaches stop controlled, were analyzed using the “Two-Way Stop-Controlled” intersection capacity method from the HCM. This methodology determines a level of service for each minor turning movement by estimating the level of average delay in seconds per vehicle. Results are presented for individual movements together with the weighted overall average delay for the intersection. The ranges of delay for unsignalized intersections are also provided in Table 2.

Traffic Operation Standards
The following operational standards were used to identify adverse impacts on traffic operation in the study area and do not necessarily identify impacts for purposes of the CEQA process.

Intersections
Caltrans Interchange Ramp Conditions
Caltrans does not have a standard of significance relative to operation as this is no longer a CEQA issue. The new Vehicle Miles Traveled-Focused Transportation Impact Study Guide (TISG), published in May 2020, replaced the Guide for the Preparation of Traffic Impact Studies, 2002. As indicated in the TISG, the Department is transitioning away from requesting LOS or other vehicle operations analyses of land use projects and will instead focus on Vehicle Miles Traveled (VMT). Adequacy of operation was therefore evaluated using the City of San Carlos’ standards.

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City of San Carlos
According to the City of San Carlos 2030 General Plan, the City shall strive to maintain signalized intersection service levels (based on V/C ratios) above the mid-range of level D (not to exceed a V/C ratio of 0.85).

Following are the LOS Standards for signalized intersections in San Carlos (based on V/C ratios):
•
•
If a signalized intersection operates at an acceptable LOS without the project and degrades to an unacceptable LOS with the project, then it is a potentially adverse impact.

If the signalized intersection operates at an unacceptable LOS without the project and the intersection continues to operate unacceptably with the project, the project impact would potentially be adverse if the addition of project traffic causes the volume-to-capacity ratio to increase by more than 0.01 (1 percent).

Based on other studies conducted for projects in the City, where operations at an intersection could not be determined by Circular 212 methodologies (V/C), the Highway Capacity Manual’s methodologies were applied. In these studies, with an intersection’s service level based on delay and not V/C, LOS D or better was considered acceptable operation. The project would have an adverse effect if the project causes the LOS to degrade from an acceptable LOS D or better to LOS E or F.

Additionally, for the purposes of this analysis, applying Traffic Impact Fee (TIF) improvement measures was considered adequate to address potentially adverse project effects. This may require intersection operations analysis based on delay rather than V/C ratio, depending on the required improvement measure.

City of Belmont
For Industrial Way/Harbor Boulevard, which is in the City of Belmont, the Belmont General Plan details the acceptable operational threshold as LOS D. For this analysis, an adverse impact was deemed to occur:
• If an intersection operates at an acceptable LOS without the project and degrades to an unacceptable LOS with the project, or
• If the intersection operates at an unacceptable LOS without the project and continues to operate unacceptably with the project, then it is potentially an adverse impact if the change in delay is equal to or greater than four seconds (or 20 vehicle trips).

Summary of Applicable Intersection Standards
The traffic operations analysis included eight study intersections. Table 3 provides a summary of each study intersection and the respective applicable standard.

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Table 3 – Level of Service Standards
Intersection Jurisdiction LOS LOS Standard
Measure

1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 South Off Ramp

3. Holly St/Industrial Rd
City of Belmont
Caltrans
Delay
Delay
V/C
LOS D
LOS C/D**
City of San Carlos
City of San Carlos
City of San Carlos
City of San Carlos
City of San Carlos
City of San Carlos
Mid-LOS D (V/C = 0.85)
Mid-LOS D (V/C = 0.85)
LOS E*

4. Holly St/Old County Rd V/C

5. Holly St/El Camino Real V/C

6. East San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd

8. Brittan Ave/Industrial Rd
V/C Mid-LOS D (V/C = 0.85)
Mid-LOS D (V/C = 0.85)
Mid-LOS D (V/C = 0.85)
V/C
V/C
Notes LOS= Level of Service; * = C/CAG intersection threshold per CMP 2019; ** = Caltrans target LOS is the transition between LOS C and D; Delay is measured in seconds
Existing Conditions
The Existing Conditions scenario provides an evaluation of current operation based on existing traffic volumes gathered in May 2019 during the a.m. and p.m. peak periods. This condition does not include project-generated traffic volumes. Volume data was collected while local schools were in session. It is noted that the intersection of Commercial Street/Industrial Road was evaluated as an unsignalized intersection for the existing condition since its signalization occurred after the collection of existing traffic volumes. Copies of the traffic count data sheets are provided in Appendix A.

Intersection Levels of Service
Under existing conditions, with the exception of Holly Street/Industrial Road, the study intersections operate at acceptable Levels of Service during both peak hours. The existing traffic volumes are shown in Figure 2. A summary of the intersection level of service calculations is contained in Table 4, and copies of the Level of Service calculations are provided in Appendix B.

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1 2
5 3
34 (6)
232(262)
331(96)
354(433)
497(733)
388(329)
941(1114)
(6) 2 (38) 62
(247)381
(110)172
(501)880
(25) 26
4 6
14 (14)
525(793)
39 (21)
124(322)
244(328)
348(490)
44(14)
4 (5)
22(5)
(111) 81
(426)796
(87)120
(83) 51
(203)499
(18) 15
(34)48
(3) 8
(9)19
7 8
49 (17)
191(346)
300(239)
(20)37
(26)46
(190)204
(249)569
(62) 47
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 2 – Existing Traffic Volumes

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Table 4 – Existing Peak Hour Intersection Levels of Service Study Intersection AM Peak PM Peak
Approach V/C
-
Delay LOS
B
V/C Delay LOS
C1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 S Off Ramp

3. Holly St /Industrial Rd

15.5 - 25.8
- 8.3 A - 10.0 A

0.668

0.724

0.653

0.342
-
- B 0.857

0.790

0.817

0.492
-
- D
C4. Holly St/Old County Rd

5. Holly St/El Camino Real

6. E San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd
EB (Commercial St) Approach

8. Brittan Ave/Industrial Rd
- C -
-
-
B -
-
D
AA

1.7 21.7
-
A 0.6

17.8 -
A
- C - C

0.827 D 0.753 C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; * = the analyzed service level measure (V/C or delay) corresponds to the jurisdiction’s significance criteria for intersections; Results for minor approaches to two-way stop-controlled intersections are indicated in italics; Bold text = deficient operation Near-Term Conditions
Near-term operating conditions were determined with anticipated traffic growth to the year 2024 added to the existing volumes. Intersection geometry for the near-term analysis was assumed to be unchanged from existing conditions except at the Industrial Road/Commercial Street intersection which was signalized in 2021 as part of the 887 Industrial Road development. Additionally, the 987 Commercial Street (Alexandria Center for Life Sciences) Project is assumed to modify the eastbound approach so that it will be comprised of one shared left- turn/through lane and one right-turn lane.

Under these conditions, and with the aforementioned improvements, the study intersections are expected to operate acceptably except the intersections of Holly Street/Industrial Road, Holly Street/Old County Road, Holly Street/El Camino Real, and Brittan Avenue/Industrial Road would operate unacceptably. Near-Term volumes are shown in Figure 3. These results are summarized in Table 5, and copies of the Level of Service calculations are provided in Appendix C.

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1 2
5 3
36 (7)
244(276)
348(101)
368(451)
517(763)
404(349)
979(1159)
(7) 3 (40) 65
(260)401
(116)181
(521)916
(27) 27
4 6
15 (15)
546(825)
52 (26)
129(335)
254(350)
362(510)
46(15)
4 (5)
23(5)
(116) 84
(443)828
(120)180
(91) 53
(211)535
(19) 16
(35)51
(3) 8
(9)22
7 8
13(87)
0 (2)
12(79)
61 (18)
209(360)
329(249)
(123)39
(1)20
(151)59
(198)225
(259)592
(65) 49
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 3 – Near Term Traffic Volumes

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Table 5 – Near-Term Peak Hour Intersection Levels of Service Study Intersection AM Peak PM Peak
Approach V/C
-
Delay* LOS
B
V/C
-
Delay* LOS
C1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 S Off Ramp

3. Holly St /Industrial Rd

16.3 33.7
- 9.6 A - 11.0 B

0.781

0.779

0.685

0.374

0.316

0.891
-
-
-
-
-
-
C 0.882

0.876

0.858

0.536

0.568

0.799
-
-
-
-
-
-
D
D
D
A

4. Holly St/Old County Rd

5. Holly St/El Camino Real

6. E San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd

8. Brittan Ave/Industrial Rd
C
B
A
A A
D C
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; * = the analyzed service level measure (V/C or delay) corresponds to the jurisdiction’s significance criteria for intersections; Results for minor approaches to two-way stop-controlled intersections are indicated in italics; Bold text = deficient operation Cumulative Conditions
Segment volumes for the horizon year of 2040 were obtained from the County’s travel demand model and translated to turning movement volumes at each of the study intersections using the “Furness” method. The Furness method is an iterative process that employs existing turn movement data, existing link volumes and future link volumes to project likely turning future movement volumes at intersections. These future traffic demand projections assumed the completion of several planned developments nearby, including the following pending projects identified by City of San Carlos staff.
•
•
•
•
•
•
•
•
•
1091 Industrial Road (138,710 square feet of Life Science) 1030 Brittan Avenue (96,175 square feet of Life Science) 987 Commercial Street (1,620,774 square feet of Life Science) 888 Bransten Road (105,000 square feet of Life Science) 777 Industrial Road (120,000 square feet of Life Science) 800 Old County Road (325,473 square feet of Life Science) 405 Industrial Road (205,273 square feet of Life Science) 1021 Howard Avenue (190,869 square feet of Life Science) 642 Quarry Road (409,810 square feet of Life Science)
The intersection improvements identified in the City of San Carlos Traffic Impact Fee, Hexagon Transportation Consultants, 2015, for intersections included in the study area were not assumed as being complete for the cumulative analysis since the status of each improvement is uncertain. Intersection geometries for the cumulative year analysis were assumed to be unchanged from near-term conditions.

Many intersections are expected to operate unacceptably under the anticipated Cumulative volumes, and with the addition of the aforementioned improvements. Cumulative volumes are shown in Figure 4 and operating conditions are summarized in Table 6 and copies of the Level of Service calculations are provided in Appendix D.

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1 2
5 3
45 (8)
306(347)
585(156)
522(485)
598(733)
394(685)
1081(1365)
(8) 3 (58)150
(327)502
(147)233
(91)17 (577)880
(89) 40
4 6
14 (14)
680(849)
80 (32)
239(375)
283(569)
485(596)
46(14)
4 (5)
39(13)
(125) 84
(567)840
(271)394
(113) 88
(357)763
(26) 18
(34)64
(3) 11
(37)76
7 8
13(87)
0 (2)
12(79)
81 (26)
266(440)
368(251)
(338)87
(1)20
(384)80
(384)512
(262)633
(65) 80
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 4 – Cumulative Traffic Volumes

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Table 6 – Cumulative Peak Hour Intersection Levels of Service Study Intersection AM Peak PM Peak
Approach V/C
-
Delay* LOS
C
V/C
-
Delay* LOS
F1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 S Off Ramp

3. Holly St /Industrial Rd

24.3 85.1
- 9.9 A - 10.1 B

1.023

0.942

0.825

0.565

0.600

1.089
-
-
-
-
-
-
F 0.846

1.079

1.149

0.660

0.903

0.993
-
-
-
-
-
-
D
F4. Holly St/Old County Rd

5. Holly St/El Camino Real

6. E San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd

8. Industrial Rd/Brittan Ave
E
D
A
F
B
B E
F E
Notes: Delay is measured in average seconds per vehicle; LOS = Level of Service; * = the analyzed service level measure (V/C or delay) corresponds to the jurisdiction’s significance criteria for intersections; Results for minor approaches to two-way stop-controlled intersections are indicated in italics; Bold text = deficient operation Project Description
The proposed business class hotel would be located at 501 Industrial Road in San Carlos. The hotel would include 149 parking spaces and approximately 119,000 square feet of hotel use for 188 guestrooms, central lobby, dining area and meeting spaces. Business class hotels are predominantly occupied by a single business traveler and experience peak occupancy during weekdays. The proposed project site plan is shown in Figure 5.

Trip Generation
The anticipated trip generation for the proposed project was estimated using standard rates published by the Institute of Transportation Engineers (ITE) in Trip Generation Manual, 11th Edition, 2021 for “Business Hotel” (ITE LU #312). The site is currently unoccupied and therefore not generating any trips. The project is not anticipated to generate any internal capture trips, pass-by trips or trip reductions resulting from nearby land uses or transportation options. As shown in Table 7, the proposed project is expected to generate an average of 756 trips per day, including 68 trips during the a.m. peak hour and 58 during the p.m. peak hour. These new trips represent the net increase in traffic associated with the project.

Table 7 – Trip Generation Summary
Land Use Units Daily
Rate Trips Rate Trips In
188 rooms 4.02 756 0.36 68 27
AM Peak Hour PM Peak Hour
Out Rate Trips In Out
Business Hotel 41 0.31 58 32 26
Trip Distribution
The pattern used to allocate new project trips to the street network was based on the distribution percentages from the San Carlos Landmark Hotel Transportation Impact Analysis and then applying manual adjustments to compensate for rounding. Project volumes are shown in Figure 6. The applied distribution assumptions and resulting trips are shown in Table 8.

Traffic Operations Analysis for the 501 Industrial Road Project July 28, 2023 15

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Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 5 – Site Plan

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1 4
2 5
3 6
9(11)
17(20)
(1)1 (6)5
1 (1)
11(7)
1 (1)
7(4)
5(3)
(5)5
7 8
(6)5
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 6 – Project Traffic Volumes

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Table 8 – Trip Distribution Assumptions
Route Percent
30%
30%
2%
Daily Trips
227
227
15 AM Trips PM Trips
To/From the North via US 101
To/From the South via US 101
To/From the North via Industrial Rd
To/From the North via El Camino Real
To/From the North via Old County Rd
To/From the South via Industrial Rd
To/From the South via El Camino Real
To/From the South via Old County Rd
To/From the East via Holly St-Redwood Shores Pkwy
TOTAL
21 21
2 17
17 2
15%
2%
113
15 10
1 9
1 2% 15 1 1
15%
2%
113
15 10
1 9
1 2% 16 1 1
100% 756 68 58
Intersection Operation
Existing plus Project Conditions
Upon the addition of project-generated traffic to the Existing volumes, the study intersections are expected to operate at the same service levels as under the existing condition, except at the intersection of Holly Street/ US 101 South Off Ramp where the LOS changes from A to B. These results are summarized in Table 9. Existing plus Project traffic volumes are shown in Figure 7 and copies of the Level of Service calculations are provided in Appendix E.

Table 9 – Existing and Existing plus Project Peak Hour Intersection Levels of Service Study Intersection Existing Conditions
AM Peak PM Peak
Existing plus Project
AM Peak PM PeakApproach
MOE* LOS
B
MOE* LOS
C
MOE* LOS
B
MOE* LOS
C1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 S Off Ramp

3. Holly St /Industrial Rd

15.5 8.3

25.8 10.0

15.5 8.5

25.5 10.2A A A B

0.668

0.724

0.653

0.342

1.7 B 0.857

0.790

0.817

0.487

0.6 D
C

0.680

0.730

0.653

0.355

1.7 B 0.860

0.795

0.819

0.494

0.6 D
C4. Holly St/Old County Rd

5. Holly St/El Camino Real

6. E San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd
EB (Commercial St) Approach

8. Brittan Ave/Industrial Rd
C C
B D
A
B D
AA A

A A A A

21.7 C 17.8 C 22.0 C 17.9 C

0.827 D 0.753 C 0.829 D 0.758 C
Notes: MOE = Measure of Effectiveness (either Delay or V/C); Delay is measured in average seconds per vehicle; LOS = Level of Service; * = the analyzed service level measure (V/C or delay) corresponds to the jurisdiction’s significance criteria for intersections; Results for minor approaches to two-way stop-controlled intersections are indicated in italics; Bold text = deficient operation
Traffic Operations Analysis for the 501 Industrial Road Hotel Project18 July 28, 2023

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1 2
5 3
34 (6)
232(262)
331(96)
354(433)
497(733)
408(350)
951(1125)
(6) 2 (38) 62
(247)381
(111)173
(501)880
(31) 32
4 6
15 (15)
536(800)
40 (22)
131(327)
244(328)
353(493)
44(14)
4 (5)
22(5)
(111) 81
(431)801
(87)120
(83) 51
(203)499
(18) 15
(34)48
(3) 8
(9)19
7 8
49 (17)
191(346)
300(239)
(20)38
(26)46
(196)210
(249)569
(62) 47
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 7 – Existing plus Project Traffic Volumes

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Although the intersection of Holly Street/Industrial Road would operate with a volume-to-capacity ratio (V/C) greater than 0.85 with or without the project, the project’s effect is not considered adverse because the volume- to-capacity ratio (V/C) would not increase by more than 0.01.

It should be noted that with the addition of project-related traffic volumes, average delay at the intersection of Harbor Boulevard/Industrial Road decreases during the p.m. peak hour. While this is counter-intuitive, this condition occurs when a project adds trips to movements that are currently underutilized or have delays that are below the intersection average, resulting in a better balance between approaches and lower overall average delay.

The conclusion could incorrectly be drawn that the project improves operation based on this data alone; however, it is more appropriate to conclude that the project trips are expected to make use of excess capacity, so drivers will experience little, if any, change in conditions as a result of the project.

Near-Term plus Project Conditions
Upon the addition of project-related traffic to the near-term volumes, the study intersections are expected to continue operating at the same Levels of Service, except for the intersections of Commercial Street/ Industrial Road and Brittan Avenue/Industrial Road, which degrades from LOS A to B and LOS C to D, respectively, during the p.m. peak hour. These results are summarized in Table 10. Existing plus Project traffic volumes are shown in Figure 8 and copies of the Level of Service calculations are provided in Appendix F.

Table 10 – Near-Term and Near-Term plus Project Peak Hour Intersection Levels of Service Study Intersection Near-Term Conditions
AM Peak PM Peak
Near-Term plus Project
AM Peak PM PeakApproach
MOE* LOS
B
MOE* LOS
C
MOE* LOS
B
MOE* LOS
C1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 S Off Ramp

3. Holly St /Industrial Rd

16.3 9.6

33.7 11.0

16.3 9.8

33.9 11.2A B A B

0.781

0.779

0.685

0.374

0.316

0.891
C 0.882

0.876

0.858

0.536

0.568

0.799
D
D
D
A

0.796

0.785

0.685

0.375

0.318

0.893
C 0.883

0.881

0.860

0.539

0.663

0.804
D
D
D
A

4. Holly St/Old County Rd

5. Holly St/El Camino Real

6. E San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd

8. Brittan Ave/Industrial Rd
C C
B B
A A

A A A B

D C D D
Notes: MOE = Measure of Effectiveness (either Delay or V/C); Delay is measured in average seconds per vehicle; LOS = Level of Service; * = the analyzed service level measure (V/C or delay) corresponds to the jurisdiction’s significance criteria for intersections; Bold text = deficient operation The intersections of Holly Street/Industrial Road, Holly Street/Old County Road, Holly Street/El Camino Real, and Brittan Avenue/Industrial Road would operate with a V/C greater than 0.85 with or without the project. However, the project’s effect is not considered adverse because the V/C would not increase by more than 0.01 as previously defined.

Cumulative plus Project Conditions
Under the anticipated Cumulative volumes, nearly all the study intersections are expected to operate at the same levels of service with or without the addition of project-generated traffic. Many intersections were identified to operate with a V/C greater than 0.85, indicating unacceptable conditions. These results are summarized in Traffic Operations Analysis for the 501 Industrial Road Hotel Project20 July 28, 2023

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1 2
5 3
36 (7)
244(276)
348(101)
368(451)
517(763)
421(369)
988(1170)
(7) 3 (40) 65
(260)401
(117)182
(521)916
(33) 32
4 6
16 (16)
557(832)
53 (27)
136(339)
254(350)
367(513)
46(15)
4 (5)
23(5)
(116) 84
(448)833
(120)180
(91) 53
(211)535
(19) 16
(35)51
(3) 8
(9)22
7 8
13(87)
0 (2)
12(79)
61 (18)
209(360)
329(249)
(123)39
(1)20
(151)59
(204)230
(259)592
(65) 49
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 8 – Near-Term plus Project Traffic Volumes

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Table 11. Existing plus Project traffic volumes are shown in Figure 9 and copies of the Level of Service calculations are provided in Appendices G and H for conditions with and without recommended improvements respectively.

Table 11 – Cumulative and Cumulative plus Project Peak Hour Intersection Levels of Service Study Intersection Cumulative Conditions
AM Peak PM Peak
Cumulative plus Project
AM Peak PM PeakApproach
MOE* LOS
C
MOE* LOS
F
MOE* LOS
C
MOE* LOS
F1. Harbor Blvd/Industrial Rd

2. Holly St/US 101 S Off Ramp

3. Holly St /Industrial Rd

24.3 9.9

85.1 10.1

24.3 10.1

85.3 10.4A
F
B B B

1.023
-

0.846
-
D
-

1.106

1.033

0.948

0.827

0.567

0.602

1.091
F 1.007

0.811

1.084

1.151

0.662

0.904

0.997
F
Additional NB Thru Lane - F D
F4. Holly St/Old County Rd

5. Holly St/El Camino Real

6. E San Carlos Ave/Industrial Rd

7. Commercial St/Industrial Rd

8. Brittan Ave/Industrial Rd

0.942

0.825

0.565

0.600

1.089
E 1.079

1.149

0.660

0.903

0.993
F E
D
A
B
F D
A
F
B B
E B E

F E F E
Notes: MOE = Measure of Effectiveness (either Delay or V/C); Delay is measured in average seconds per vehicle; LOS = Level of Service; * = the analyzed service level measure (V/C or delay) corresponds to the jurisdiction’s significance criteria for intersections; Bold text = deficient operation; Shaded cells = conditions with recommended improvements
Although the intersection of Harbor Boulevard/Industrial Road would operate at LOS F during the p.m. peak hour with or without the project, the addition of project trips is not considered an adverse effect because the conditions prescribed by the City of Belmont (namely, average delay would not increase by more than four seconds (or 20 vehicles)) are not met.

Implementation of the TIF improvements would improve operations at Holly Street/Industrial Road, so that the V/C upon the addition of project-related traffic would be less than 0.85 during the p.m. peak hour and therefore considered acceptable. However, the increase in the V/C would still exceed 0.01 during the a.m. peak hour indicating an adverse effect.

The intersections of Holly Street/Old County Road, Holly Street/El Camino Real, Commercial Street/ Industrial Road and Brittan Avenue/Industrial Road would operate with a V/C greater than 0.85 regardless of whether project- related traffic is included. As defined earlier, this is not considered an adverse effect because the V/C would not increase by more than 0.01 upon the addition of project-related traffic.

Traffic Operations Analysis for the 501 Industrial Road Hotel Project22 July 28, 2023

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1 2
5 3
45 (8)
306(347)
585(156)
522(458)
598(733)
411(705)
1090(1376)
(8) 3 (58)150
(327)502
(148)234
(91)17 (577)880
(95) 45
4 6
15 (15)
691(856)
81 (33)
246(379)
283(569)
490(599)
46(14)
4 (5)
39(13)
(125) 84
(572)845
(271)394
(113) 88
(357)763
(26) 18
(34)64
(3) 11
(37)76
7 8
13(87)
0 (2)
12(79)
81 (26)
266(440)
368(251)
(338)87
(1)20
(384)80
(390)517
(262)633
(65) 80
Traﬃc Operations Analysis for the 501 Industrial Road Project Figure 9 – Cumulative plus Project Traffic Volumes

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Site Entrance Queuing
Vehicle queuing analyses were conducted for the Near-Term plus Project and Cumulative plus Project scenarios to determine whether the existing vehicle storage capacity in the left-turn lane at the project driveway is adequate for the expected demand during the a.m. and p.m. peak hours. The existing condition consists of a painted transition from a two-way left-turn lane to a dedicated northbound left-turn lane within the Industrial Road median located adjacent to the project driveway. This area may be modified to include a dedicated left-turn lane serving the project driveway.

The American Association of State Highway and Transportation Officials’ (AASHTO) A Policy on Geometric Design of Highways and Streets, 2018 (“Green Book”) recommends that left-turning traffic be removed from the through lanes whenever practical, and that left-turn lanes should be provided at street intersections or driveways along major arterials and collector roads wherever left turns are permitted and there is room to provide them.

To determine proper sizing of a future left-turn lane, two methodologies were considered to estimate the potential queue length in the southbound left-turn lane serving the project driveway. The Caltrans Highway Design Manual, Section 405.2(2)(e) describes recommended turn lane length based only on the expected volume of vehicles using a left-turn lane at an unsignalized intersection. The Oregon Department of Transportation (ODOT) developed a methodology for estimating queue lengths at two-way stop-controlled intersections using a mathematical model that considers vehicle volumes at every approach for the subject intersection, or, in this case, driveway.

The ODOT methodology was selected for use in determining the queue length since this methodology considers movements of all vehicles at the location, thus making it more comprehensive than other methods. A summary of estimated queue lengths using this methodology is provided in Table 12, and queue estimating worksheets are provided in Appendix I. For reference purposes only, the estimated queue lengths using the Highway Design Manual recommendations are also provided in Table 12.

Table 12 – Vehicle Queue Length at Project Driveway
Intersection
Movement
Methodology AM Peak Hour (feet) PM Peak Hour (feet)
NT + P C + P NT + P C + P
Industrial Rd/Project Driveway
Southbound Left-Turn ODOT 75 75 75 75
Reference Purposes Only
Southbound Left-Turn Caltrans 25 25 25 25
Notes: All values are rounded up to the next highest 25-foot increment; NT + P = Near-Term plus Project Condition; C + P = Cumulative plus Project Condition.

Finding – A separate left-turn lane at the project driveway is recommended based on guidance published by AASHTO. According to the methodology developed by ODOT, the left-turn lane should be 75 feet long to accommodate expected demand.

Traffic Operations Analysis for the 501 Industrial Road Hotel Project24 July 28, 2023

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Parking
The project was analyzed to determine whether the proposed parking supply would be sufficient to satisfy City Code requirements. The project site as proposed would provide a total of 155 parking spaces.

According to the City of San Carlos Municipal Code, Chapter 18.20.040; Required parking spaces, one space is required per sleeping unit plus two spaces adjacent to the registration office. Since the proposed dining lobby is intended for the hotel guests, the space is not considered ancillary use. Based on the code, 190 parking spaces are required, which exceeds the supply of 155 proposed.

Parking demand was also estimated using standard rates published by ITE in Parking Generation, 5th Edition, 2019.

The parking demand of the project was estimated using the published standard rates for Business Hotel (ITE LU#312). According to the standard rates published by the ITE, the expected parking demand would be 136 spaces, which is less than the number of spaces provided. The proposed parking supply, expected demand, and City requirements are shown in Table 13.

Table 13 – Parking Analysis Summary
Land Use Units Supply City Requirements ITE Parking Generation Est. ParkingSpaces(rooms) (spaces) Rate RateRequired Demand

1.0 per 1 Sleeping Unit
+ 2 adjacent to officeBusiness Hotel 188 155 190 0.72 136 Total 188 155 190 136
Finding – The number of parking spaces provided by the project site is less than the City’s requirement, but the proposed number of parking spaces is greater than the expected demand.

Bicycle Storage
The City of San Carlos Municipal Code, Chapter 18.20.080; Bicycle parking, states that a hotel or motel must provide both short-term and long-term bicycle parking spaces. The number of short-term bicycle parking spaces required shall be equal to at least ten percent of the number of automobile parking spaces, with a minimum of four parking spaces provided per establishment. Any establishment with twenty-five or more full-time equivalent employees shall provide at least one long-term bicycle parking space per every twenty automobile spaces. The proposed project site is expected to have 35 full-time employees.

Based on these criteria, the City code requires that a minimum of 19 short-term and 10 long-term bicycle parking spaces are provided at the project site. The project as proposed would provide 30 bicycle parking spaces, with 10 spaces located within the garages of each unit and 20 external surface spaces located throughout the site.

Finding – The proposed supply of 30 bicycle parking spaces is more than the required amount of 29.

Traffic Operations Analysis for the 501 Industrial Road Project July 28, 2023 25

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Conclusions and Recommendations
Conclusions
•
•
•
The proposed project is expected to generate an average of 756 daily trips, of which 68 would be during the a.m. peak hour and 58 would occur during the p.m. peak hour.

Upon the addition of project-generated traffic to the existing volumes, most of the study intersections are expected to operate at the same service levels as under the existing condition.

Under the near-term scenario volumes with or without the project trips, several study intersections would be expected to operate at unacceptable Levels of Service. However, the addition of project trips would increase the volume-to-capacity (V/C) ratio by less than 0.01, which is defined as an acceptable effect. The project would therefore not have any unaddressed adverse effects on traffic operation. • Under the cumulative scenario volumes with the addition of the project trips, many of the study intersections are expected to operate at unacceptable Levels of Service. Completion of the recommended improvements described in the City’s Traffic Impact Fee is expected to improve operations at the intersection of Holly Street/ Industrial Road so that an adverse effect is no longer expected. The addition of project trips at the remaining intersections would not exceed the established thresholds and are defined as an acceptable effect. •
•
•
A separate southbound left-turn lane along Industrial Road at the project driveway is recommended. The left- turn lane should be 75 feet long to accommodate expected demand.

The number of parking spaces proposed by the project would be less than the City requirement and more than the anticipated parking demand as estimated by standard ITE rates.

The 30 bicycle parking spaces proposed is more than the City requirement.

Recommendations
• The applicant should pay the City’s Traffic Impact Fee as a proportional share of the cost to implement TIF improvements necessary to achieve acceptable operation at the study intersection of Holly Street/Industrial Road.

Traffic Operations Analysis for the 501 Industrial Road Hotel Project26 July 28, 2023

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Study Participants and References
Study Participants
Principal in Charge
Senior Engineer
Associate Planner
Engineering Intern
Graphics
Mark E. Spencer, PE
Kenneth Jeong, PE
Jade Kim
Jasper Hendra
Cameron Wong
Editing/Formatting
Quality Control
Hannah Yung-Boxdell, Jessica Bender
Dalene J. Whitlock, PE, PTOE
References
A Policy on Geometric Design of Highways and Streets, 7th Edition, American Association of State Highway and Transportation Officials, 2018
Circular 212, Transportation Research Board, 1980
City of San Carlos Traffic Impact Fee Plan, Hexagon Transportation Consultants, 2015 Final San Mateo County Congestion Management Program 2021, City/County Association of Governments of San Mateo County, 2021
Highway Capacity Manual, 6th Edition, Transportation Research Board, 2018 Highway Design Manual, 6th Edition, California Department of Transportation, 2017 Parking Generation, 5th Edition, Institute of Transportation Engineers, 2019 San Carlos 2030 General Plan, City of San Carlos, 2009
San Carlos Landmark Hotel Draft Transportation Impact Analysis, Hexagon Transportation Consultants, 2015 San Carlos Municipal Code, Code Publishing Company, 2017 San Mateo Countywide Transportation Plan 2040, City/County Association of Governments of San Mateo County, 2017
Trip Generation Manual, 11th Edition, Institute of Transportation Engineers, 2021 Vehicle Miles Traveled-Focused Transportation Impact Study Guide, California Department of Transportation, 2020 SCA024
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Appendix A
Traffic Counts
Traffic Operations Analysis for the 501 Industrial Road Hotel Project July 2023 A

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Prepared by National Data & Surveying Services
Industrial Rd & Harbor Blvd
Peak Hour Turning Movement Count
Industrial RdID: 19-08274-003
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM
NOON
PM
1 0
5 4
0 6
1 0
0 0
0 42
0 AM
NOON
PM
07:00 AM - 09:00 AM

NONENONE
04:45 PM - 05:45 PM

AM NOON PM
28 17 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 6
262
96 0
0 0
0 0
34 232
331
0 398 0 951

CONTROL
Signalized0 0
0 0
0 0 0
0 0
0 2 6 TEV 1366 0 1556

AM NOON PM
381
172
247
110
PHF 0.88 0.89
376 0 419
0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
212
0 0
0 0
684
0 5
0 6
101 PM Bikes (AM)
0 NOON
AM2
381
172
34 232
331
0 0
2 0
0 1
507 165 37

NORTHBOUND
Industrial Rd
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
0 7 PM
NOON
AM
AM
NOON
PM
0 0
0 7Total V s (PM) Bikes (PM)0 1
0 0
0 4
0 1
0 0
0 0
6 247
110
6 262
96 10.c
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Prepared by National Data & Surveying Services
US 101 SB Off-Ramps & Holly St
Peak Hour Turning Movement Count
US 101 SB Off-RampsID: 19-08274-024
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM 300 0
0 0
0 0
0 0
0 0
705
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE NOON 0
04:45 PM - 05:45 PM

AM NOON PM
PM 385 897 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 897
1114
0 0
0 0
0 705
941
0 1241 0 1499

CONTROL
Signalized0
0 0
0 0
0 0
0 0
0 0
0 TEV 3813 0 4220 0 0

AM NOON PM
1260
304
1279
286
PHF 0.96 0.96
1538 0 1563
0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
286 0
0 0
0 0
0 0
0 0
259 PM Bikes (AM)
0 0 NOON
0 1260
304
705
941
0 0
11 0
0 3
0 304 303 AM

NORTHBOUND
US 101 SB Off-Ramps
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
0 0 PM
NOON
AM
AM
NOON
PM
0 0
0 0Total V s (PM) Bikes (PM)0 0
0 0
0 0
0 7
0 0
12 0
0 1279
286
897
1114
0 10.c
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Prepared by National Data & Surveying Services
Industrial Rd & Holly St
Peak Hour Turning Movement Count
Industrial RdID: 19-08274-009
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM
NOON
PM
29 262 171 0
0 0
532
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE 0 0 0
04:45 PM - 05:45 PM

AM NOON PM
47 163 271 801 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 433
733
329
0 0
0 0
0 354
497
388
0 551 0 824

CONTROL
Signalized0 0
0 0
0 0 0
0 0
0 62 38 TEV 3320 0 3704

AM NOON PM
880
26 501
25 PHF 0.89 0.96
1562 0 1561
0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
517
0 0
0 0
44 330 790 PM Bikes (AM)
0 0 0 NOON
62 880
26 354
497
388
0 3
0 0
0 2
676 25 116 510 AM

NORTHBOUND
Industrial Rd
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
0 0 PM
NOON
AM
AM
NOON
PM
0 0
0 0Total V s (PM) Bikes (PM)0 0
0 0
1 0
0 2
0 0
1 10
38 501
25 433
733
329

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Prepared by National Data & Surveying Services
Old County Rd & Holly St
Peak Hour Turning Movement Count
Old County RdID: 19-08274-008
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM 109 185 44 0
0 0
287
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE NOON 0 0 0
05:00 PM - 06:00 PM

AM NOON PM
PM 224 105 27 396 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 14
793
21 0
0 0
0 0
14 525
39 0
711 0 1191

CONTROL
Signalized0 0
0 0
0 0 0
0 0
0 81 111
426
87 TEV 2307 0 2336

AM NOON PM
796
120
PHF 0.96 0.99
536 0 965
0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
213
0 0
0 0
174 271 83 PM Bikes (AM)
0 0 0 NOON
81 796
120
14 525
39 5
3 2
1 0
0 344 77 192 125 AM

NORTHBOUND
Old County Rd
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
1 27 PM
NOON
AM
AM
NOON
PM
0 0
0 18
10Total V s (PM) Bikes (PM)1
0 0
0 18
0 1
1 0
0 1
111
426
87 14
793
21 10.c
November 27, 2023

Packet Pg. 554

Prepared by National Data & Surveying Services
El Camino Real & Holly St
Peak Hour Turning Movement Count
El Camino RealID: 19-08274-007
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM
NOON
PM
42 727 216 7
0 663
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE 0 0 0
04:45 PM - 05:45 PM

AM NOON PM
36 679 165 12 1334 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 322
328
490
0 0
0 0
0 124
244
348
0 287 0 378

CONTROL
Signalized0 0
0 0
0 0 0
0 0
0 51 83 TEV 3044 0 3530

AM NOON PM
499
15 203
18 PHF 0.98 0.97
631 0 1002
0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
1187 0
0 2
14 917 263 PM Bikes (AM)
0 0
1 0 0 NOON
51 499
15 124
244
348
1 5
0 0
0 0
1092 481 287 AM

NORTHBOUND
El Camino Real
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
6 6 PM
NOON
AM
AM
NOON
PM
0 0
8 23Total V s (PM) Bikes (PM)9 1
0 0
2 7
0 2
0 0
6 0
83 203
18 322
328
490

10.c
November 27, 2023

Packet Pg. 555

Prepared by National Data & Surveying Services
Industrial Rd & San Carlos Ave
Peak Hour Turning Movement Count
Industrial RdID: 19-08274-020
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM
NOON
PM
35 614 22 0
0 1
660
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE 0 0 0
05:00 PM - 06:00 PM

AM NOON PM
49 424 30 1164 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 14
5 0
0 0
0 44
4 46 0 64

CONTROL
Signalized0
48 8
0 0
0 0
0 34
3 0
0 0
0 5 22
0TEV 1401 0 1714 0

AM NOON PM
PHF 0.84 0.93
48 0 40
19 9 0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
438
0 0
0 0
10 1115 15 PM
NOON
AM
Bikes (AM)
0 7
0 0
48 8
44 4
8 0
0 0
0 0
655 568 10
NORTHBOUND19 22
Industrial Rd
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
5 0 PM
NOON
AM
AM
NOON
PM
0 0
2 5Total V s (PM) Bikes (PM)2 0
0 0
2 4
0 0
0 0
0 0
34 3
9 14
5 5

10.c
November 27, 2023

Packet Pg. 556

Prepared by National Data & Surveying Services
Industrial Rd & Commercial St
Peak Hour Turning Movement Count
Industrial RdID: 19-08274-032
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM
NOON
PM
49 525 0
0 0
0 0
0 598
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE 0 0
04:45 PM - 05:45 PM

AM NOON PM
30 459 1044 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 76 0 46

CONTROL
1 Stop Sign (EB)
TEV 1246 1576
1 37
0 0
0 0
0 0
20 0
0 0
0 0
0 AM NOON PM
PHF 0.80 0.90
0 0 0
46 26 0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
486
0 1
0 1
16 1024 0
0 0
PM
NOON
AM
Bikes (AM)
0 0
37 0
0 0
0 0
0 0
0 0
0 572 26 561
NORTHBOUND46
Industrial Rd
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
2 2 PM
NOON
AM
AM
NOON
PM
0 0
4 11Total V s (PM) Bikes (PM)1 5
0 0
1 1
0 0
0 0
0 0
20 0
26 0
0 0

10.c
November 27, 2023

Packet Pg. 557

Prepared by National Data & Surveying Services
Industrial Rd & Brittan Ave
Peak Hour Turning Movement Count
Industrial RdID: 19-08274-019
City: San Carlos
Day: Tuesday
Date: 05/14/2019SOUTHBOUND
08:00 AM - 09:00 AM AM 73 323 104 0
0 0
693
0 AM
NOON
PM
07:00 AM - 09:00 AM
NONENONE NOON 0 0 0
04:45 PM - 05:45 PM

AM NOON PM
PM 168 285 119 986 04:00 PM - 06:00 PM

PM NOON AM
0 0 0 0 0
0 0
0 17
346
239
0 0
0 0
0 49
191
300
0 325 0 720

CONTROL
Signalized0 0
0 0
0 0 0
0 0
0 204
569
47 190
249
62 TEV 2481 0 2776

AM NOON PM
PHF 0.91 0.94
484 0 793
0 0 0 0

AM NOON PM PM NOON AM
Total Vehicles (AM) PM
NOON
AM
586
0 0
0 0
206 779 116 PM Bikes (AM)
0 0 0 NOON
204
569
47 49
191
300
0 0
0 0
0 0
670 61 440 120 AM

NORTHBOUND
Industrial Rd
Total V (Noon) Bikes (NOON)
Pedestrians (Crosswalks)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
PM
NOON
AM
AM
NOON
PM
0 2 PM
NOON
AM
AM
NOON
PM
0 0
1 4Total V s (PM) Bikes (PM)1 1
0 0
4 2
0 1
0 0
0 0
190
249
62 17
346
239

10.c
November 27, 2023

Packet Pg. 558

Appendix B
Intersection Level of Service Calculations (Existing Conditions) Traffic Operations Analysis for the 501 Industrial Road Hotel Project July 2023 B

10.c
November 27, 2023

Packet Pg. 559

10.c
November 27, 2023

Packet Pg. 560

HCM Signalized Intersection Capacity Analysis
1: Industrial Rd & Harbor Blvd
HCM Signalized Intersection Capacity Analysis
2: Holly St & US 101 SB Off-Ramp06/29/2022 06/29/2022
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Movement EBL EBT WBT WBR SBL SBR Lane Configurations
Traffic Volume (vph)
Future Volume (vph)
Ideal Flow (vphpl)
Total Lost time (s)
Lane Util. Factor
Frpb, ped/bikes
Flpb, ped/bikes
Lane Configurations
Traffic Volume (vph)
Future Volume (vph)
Ideal Flow (vphpl)
Total Lost time (s)
Lane Util. Factor
Frt
Flt Protected
Satd. Flow (prot)
Flt Permitted
Satd. Flow (perm)
Peak-hour factor, PHF
Adj. Flow (vph)
RTOR Reduction (vph)
Lane Group Flow (vph)
Turn Type
Protected Phases
Permitted Phases
Actuated Green, G (s)
Effective Green, g (s)
Actuated g/C Ratio
Clearance Time (s)
Vehicle Extension (s)
Lane Grp Cap (vph)
v/s Ratio Prot
2 2
1900

4.0 381
381
1900

4.0 172
172
1900
331
331
1900

4.0 232
232
1900

4.0 34
34 1900
165
165
1900

4.0 6
6 1900

4.0 37
37 1900
1 1
1900
4 4
1900

4.0 1
1 1900
0 0
1900
0 0
1900
941
941
1900

5.1 0.95

1.00 1.00
3539

1.00 3539

0.96 980
0 0
0 1900
0 0
1900
300
300
1900

4.6 0.88

0.85 1.00
2787

1.00 2787

0.96 312
73 1.00

1.00 0.99

1.00 0.95
1754

0.57 1047

0.88 2

0.95 1.00

1.00 0.95

1.00 3374

0.88 433

1.00 1.00

0.95 1770

0.88 376

0.95 1.00

1.00 0.98

1.00 3456

0.88 264

0.95 1.00

1.00 1.00

0.95 1681

0.75 1333

0.88 188

0.95 0.99

1.00 0.95

0.97 1615

0.82 1358

0.88 7

1.00 1.00

1.00 0.98

0.99 1812

0.96 1752

0.88 5
Frt
Flt Protected
Satd. Flow (prot)
Flt Permitted
Satd. Flow (perm)
Peak-hour factor, PHF
Adj. Flow (vph)
RTOR Reduction (vph)
Lane Group Flow (vph)
Confl. Peds. (#/hr)
Turn Type
Protected Phases
Permitted Phases
Actuated Green, G (s)
Effective Green, g (s)
Actuated g/C Ratio
Clearance Time (s)
Vehicle Extension (s)
Lane Grp Cap (vph)
v/s Ratio Prot

0.96 0.96 0.96 0.96
0 0
0 0
0 0
0 0
0 0
0 0

0.88 195
0 0.88
39 0
0 8

0.88 42
0 0
8 0.88
1 0
0 8

0.88 1
0 0
980
NA
2 240
Prot
4 0
2 8
67 561
0 376
12 291
0 120
29 88
1 60 4 6
Perm NA
2 Prot
1 NA
6 Perm NA
8 Perm NA
4 27.0

27.0 0.60

5.1 2.0
2123
c0.28

8.3 8.3

0.18 4.6

2.0 514
c0.09
2 16.2

16.2 0.30

4.0 3.0
311
8 8.5

8.5 0.16

4.0 3.0
4 16.2

16.2 0.30

4.0 3.0
1002
c0.17

17.8 17.8

0.33 4.0

3.0 578

38.0 38.0

0.70 4.0

3.0 2409

0.08 8.5

8.5 0.16

4.0 3.0
211

8.5 8.5

0.16 4.0

3.0 273
v/s Ratio Perm
v/c Ratio207 0.46

5.0 1.00

0.7 5.7
A

0.47 16.4

1.00 0.2

16.6 B
c0.21 Uniform Delay, d1
Progression Factor
Incremental Delay, d2
Delay (s)
Level of Service
Approach Delay (s)
Approach LOS
v/s Ratio Perm
v/c Ratio

0.00 0.01

13.5 1.00

0.0 c0.09

0.58 21.3

1.00 3.9

0.07 0.42

20.8 1.00

1.3 22.1
C

23.7 C

0.00 0.02

19.5 1.00

0.0 19.5
B

19.5 B

0.56 16.1

1.00 0.7

16.8 B

0.65 15.7

1.00 2.6

18.3 B

0.12 2.7

1.00 0.0

2.8 A
Uniform Delay, d1
Progression Factor
Incremental Delay, d2
Delay (s)
Level of Service
Approach Delay (s)
Approach LOS

0.0 A

5.7 A

16.6 B13.5
B

25.2 C Intersection Summary
HCM 2000 Control Delay
HCM 2000 Volume to Capacity ratio
Actuated Cycle Length (s)
Intersection Capacity Utilization
Analysis Period (min)

16.8 B

11.4 B 8.3

0.46 45.0

44.6%
15 HCM 2000 Level of Service A
Intersection Summary
HCM 2000 Control Delay
HCM 2000 Volume to Capacity ratio
Actuated Cycle Length (s)
Intersection Capacity Utilization
Analysis Period (min)
Sum of lost time (s)
ICU Level of Service

9.7 A15.5

0.60 54.5

57.2%
15 HCM 2000 Level of Service B
Sum of lost time (s)
ICU Level of Service

12.0 B
c Critical Lane Group
c Critical Lane Group
501 Industrial Rd TIS
AM Existing
W-Trans

Page 1 ends

San Carlos City CouncilNovember 27, 2023

San Carlos City Council
November 27, 2023