CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
December 11, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
Members of the public will have the option to observe the meeting and address the City Council as outlined below.
InPerson Participation:
Location. City Hall – 600 Elm Street, Council Chambers.
Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).
Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.
Remote Participation :
Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Public comments for this meeting will not be accepted on Zoom. Please see above details for providing public comments inperson or you may also submit them to the City Council via email at [email protected].
Should any Councilmember(s) need to participate in this meeting remotely, as authorized by Assembly Bill 2449, public comments will also be accepted remotely via Zoom (in addition to the ways outlined above). To provide public comment remotely, join the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.
MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh
1. CALL TO ORDER
2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
3. PLEDGE OF ALLEGIANCE
4. CHANGES TO THE ORDER OF THE AGENDA
5. PRESENTATIONS
a. Present a City Coin to Community Volunteers Paul Briant with San Carlos AYSO, Mark Reynolds with San Carlos Little League, and Bob Bollier with San Carlos Youth Softball.
6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.
7. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the October 23, 2023 City Council Regular Meeting Minutes. c. Adopt Ordinance No. 1605 Establishing Chapter 12.40 – Pedestrian Malls, to Title 12 Streets, Sidewalks and Public Places, in the San Carlos Municipal Code. d. Adopt Ordinance No. 1606 Amending San Carlos Municipal Code Title 18 – Zoning:
Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and
18.28 – Zoning Clearance, for Consistency with the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport.
e. Adopt Ordinance No. 1607 Approving the 501 Industrial Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Landmark Commercial to Planned Development at 501 Industrial Road (APN 046090410).
f. Adopt Ordinance No. 1608 Approving a Development Agreement with Holly Hotel Group, LLC. for the 501 Industrial Road Hotel Project.
8. REORGANIZATION
a. Call for Nominations for New Mayor and Vice Mayor.
9. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.
10. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.
Each speaker is limited to two minutes. If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2).
The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.
11. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.
In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
December 11, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
Members of the public will have the option to observe the meeting and address the City Council as outlined below.
InPerson Participation:
Location. City Hall – 600 Elm Street, Council Chambers.
Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).
Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.
Remote Participation :
Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Public comments for this meeting will not be accepted on Zoom. Please see above details for providing public comments inperson or you may also submit them to the City Council via email at [email protected].
Should any Councilmember(s) need to participate in this meeting remotely, as authorized by Assembly Bill 2449, public comments will also be accepted remotely via Zoom (in addition to the ways outlined above). To provide public comment remotely, join the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.
MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh
1. CALL TO ORDER
2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
3. PLEDGE OF ALLEGIANCE
4. CHANGES TO THE ORDER OF THE AGENDA
5. PRESENTATIONS
a. Present a City Coin to Community Volunteers Paul Briant with San Carlos AYSO, Mark Reynolds with San Carlos Little League, and Bob Bollier with San Carlos Youth Softball.
6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.
7. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the October 23, 2023 City Council Regular Meeting Minutes. c. Adopt Ordinance No. 1605 Establishing Chapter 12.40 – Pedestrian Malls, to Title 12 Streets, Sidewalks and Public Places, in the San Carlos Municipal Code. d. Adopt Ordinance No. 1606 Amending San Carlos Municipal Code Title 18 – Zoning:
Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and
18.28 – Zoning Clearance, for Consistency with the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport.
e. Adopt Ordinance No. 1607 Approving the 501 Industrial Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Landmark Commercial to Planned Development at 501 Industrial Road (APN 046090410).
f. Adopt Ordinance No. 1608 Approving a Development Agreement with Holly Hotel Group, LLC. for the 501 Industrial Road Hotel Project.
8. REORGANIZATION
a. Call for Nominations for New Mayor and Vice Mayor.
9. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.
10. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.
Each speaker is limited to two minutes. If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2).
The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.
11. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.
In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
December 11, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
Members of the public will have the option to observe the meeting and address the City Council as outlined below.
InPerson Participation:
Location. City Hall – 600 Elm Street, Council Chambers.
Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).
Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.
Remote Participation :
Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Public comments for this meeting will not be accepted on Zoom. Please see above details for providing public comments inperson or you may also submit them to the City Council via email at [email protected].
Should any Councilmember(s) need to participate in this meeting remotely, as authorized by Assembly Bill 2449, public comments will also be accepted remotely via Zoom (in addition to the ways outlined above). To provide public comment remotely, join the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.
MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh
1. CALL TO ORDER
2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
3. PLEDGE OF ALLEGIANCE
4. CHANGES TO THE ORDER OF THE AGENDA
5. PRESENTATIONS
a. Present a City Coin to Community Volunteers Paul Briant with San Carlos AYSO, Mark Reynolds with San Carlos Little League, and Bob Bollier with San Carlos Youth Softball.
6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.
7. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the October 23, 2023 City Council Regular Meeting Minutes. c. Adopt Ordinance No. 1605 Establishing Chapter 12.40 – Pedestrian Malls, to Title 12 Streets, Sidewalks and Public Places, in the San Carlos Municipal Code. d. Adopt Ordinance No. 1606 Amending San Carlos Municipal Code Title 18 – Zoning:
Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and
18.28 – Zoning Clearance, for Consistency with the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport.
e. Adopt Ordinance No. 1607 Approving the 501 Industrial Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Landmark Commercial to Planned Development at 501 Industrial Road (APN 046090410).
f. Adopt Ordinance No. 1608 Approving a Development Agreement with Holly Hotel Group, LLC. for the 501 Industrial Road Hotel Project.
8. REORGANIZATION
a. Call for Nominations for New Mayor and Vice Mayor.
9. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.
10. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.
Each speaker is limited to two minutes. If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2).
The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.
11. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.
In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
3 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
October 23, 2023 7:00 PM
MINUTES
ROLL CALL
City Council Present: Adam Rak, Mayor
Ronald Collins, Councilmember
John Dugan, Vice Mayor
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember
Staff Present: Nil Blackburn, Assistant City Manager
Lisa Costa Sanders, Principal Planner Consultant
Rucha Dande, Senior Planner
Sajuti Haque, Senior Management Analyst
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Andrea Mardesich, Assistant Community Development Director Crystal Mui, City Clerk
Gregory Rubens, City Attorney
Al Savay, Community Development Director
1. CALL TO ORDER
Mayor Rak called the meeting to order at 7:00 PM.
2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
Mayor Rak announced that all Councilmembe
rs are attending this meeting in-person.
3. PLEDGE OF ALLEGIANCE
Led by Boy Scout Troop 321.
4. CHANGES TO THE ORDER OF THE AGENDA
None.
5. PRESENTATIONS
a. Present a City Coin to Community Volunteer Samina Ginwalla.
Mayor Rak highlighted Samina Ginwalla’s contributions to the community and presented her with a City Coin as a token of appreciation.
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Ms. Ginwalla thanked the Council for the recognition and for supporting the youth in the community.
b. Present a Proclamation Recognizing the 30th Anniversary of Art Bias.
Mayor Rak recognized the 30 th anniversary of Art Bias and presented its Boardbmember, Shana T. Bryant, with a proclamation.
Ms. Bryant spoke on Art Bias’ mission and upcoming events and recognized thei r
Boardmembers and artists.
Vice Mayor commended Art Bias for their work in the community.
c. Present Proclamations to Jack Alger and Christos Daskarolis with Boy Scout Troop 321 Upon Receiving Their Eagle Scout Award.
Mayor Rak presented proclamations to Eagle Scouts Jack Agler and Christos Daskarolis.
Mr.
Agler and Mr. Daskarolis shared about their Eagle Scouts project.
d. Receive an Annual Report from the San Carlos Library.
Library Branch Manager Jess Koshi-Lum and Community Tech Specialist Manny Serrano presented the library’s Fiscal Year 22-23 annual report and responded to Council questions.
Councilmembers McDowell and Venkatesh and Vice Mayor Dugan commended the library fo r
their service to the community.
6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Mayor Rak announced that he and Assemblymember Diane Papan will hold office hours at the Adult Community Center this coming Wednesday and invited the community to attend.
7. CONSENT CALENDAR
Councilmember McDowell removed item ‘f’
– Ordinance 1602, from the Consent Calendar.
MOTION: Approve City Council Consent Calendar Items ‘a’ through ‘d’; and Item ‘e’ Adopt Ordinance 1601 Approving the 841 Old County Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Heavy Industrial (IH) to Planned Development (PD) at 841 Old County Road (APNs 046-133-160, 046-134-050, 046-134-060, 046- 135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182- 110, 046-182-150).
MOVER: Ronald Collins
SECONDER: Pranita Venkatesh
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
a. Motion to Waive Reading of All Ordinances.
b. Approve the September 11, 2023 City Council Regular Meeting Minutes.
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c. Adopt a Resolution Awarding the 2024 Sewer System Root Foaming Project C1752; Authorizing the City Manager to Execute a Public Projects Agreement with Duke’s Root Control, Inc. of Elgin, Illinois in the Amount of $150,678.45; and Authorizing the Expenditure of Contingency up to the Project Budget. Resolution 2023-126
d. Adopt a Resolution Adopting a Meeting Decorum and Civility Policy for Public Meetings.
Resolution 2023-127
e. Adopt Ordinance 1601 Approving the 841 Old County Road Project Planned Development Plan and Related Zoning Map Amendment to Rez one the Project Site from Heavy Industrial (IH) to Planned Development (PD) at 841 Old County Road (APNs 046-133-160, 046-134-050, 046-134-060, 046-135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182- 110, 046-182-150).
f.
Adopt Ordinance 1602 Approving a Development Agreement with the Sobrato Family Foundation, for the 841 Old County Road Project.
Item 7f was pulled from the Consent Calendar for a separate discussion.
7f. Adopt Ordinance 1602 Approving a Development Agreement with the Sobrato Family Foundation, for the 841 Old County Road Project.
At Councilmember McDowell’s request, City Atto rney Greg Rubens provided the following amendments needed on Ordinance 1602:
- In Exhibit C of the Development Agreement, add a line item to the table for “Parking” and state:
“Tenant and Tenant employees may not use the seven parking spaces designated in Exhibit G of the Development Agreement”.
- In the Development Agreement (Exhibit B to the Ordinance), under the non-profit use for special events, add “or that serve persons living within the city limits.” - Add an attachment map to Exhibit G of the Development Agreement to show where the seven parking spaces are located in the parking lot.
MOTION: Adopt Ordinance No. 1602 Approving a Development Agreement with the Sobrato Family Foundation, for the 841 Old County Road Project with the three amendments outlined by the City Attorney.
MOVER: Sara McDowell
SECONDER: Pranita Venkatesh
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
8. PUBLIC HEARING
a. Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Title 18 - Zoning to Create Objective Design Standards for Single-Family Development.
Senior Planner Rucha Dande and Consultant Principal Laura Stetson presented the Objective Design Standards (ODS) for single-family residential properties and proposed a project review process and urban infill units (SB-9) Ordinance.
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Assistant Community Development Director Andrea Mardesich, Ms. Dande, City Attorney Greg Rubens, Ms. Stetson and Principal Planner Lisa Costa Sanders responded to Council questions.
Council recessed at 9:25 PM and reconvened at 9:31 PM.
Public Comment
- David Crabbe, resident, suggested Council consider editing the building’s maximum height from 30’ to at least 35’.
- Shuli Chen inquired about the distance requirement for notifications.
- Bill Harkola, resident, advocated for Council to provide the residents with reasonable protection for their quality of life in their homes.
- Josh Wallace, resident, requested Council to take steps to mitigate large housing and buildings in San Carlos.
- Christian Vescia, resident, expressed concern with large homes and requested Council reduce the allowable home size.
- Lucia Vescia, resident, expressed concern with large homes and spoke in opposition to the proposed Ordinance.
- Peter Hartzell, resident, spoke in opposition to the proposed Ordinance and requested Council reduce the floor area ratio to mitigate oversized homes.
- Diana Ray, on behalf of resident Laura Deck, expressed concerns for large homes and provided suggestions to be aligned with neighboring cities.
- Ken Castle, resident, spoke in opposition to large homes.
- Marshall Bern, resident, spoke in opposition to large homes.
MOTION: Approve to Close the Public Hearing.
MOVER: Sara McDowell
SECONDER: Ronald Collins
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
Ms. Mardesich, City Manager Jeff Maltbie and Ms. Dande responded to Council’s additional questions.
MOTION: At 10:15 PM, Extend the Meeting to 11:30 PM.
MOVER: John Dugan
SECONDER: Sara McDowell
AYES: McDowell, Venkatesh, Dugan, Collins, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
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Council discussed amendments to the Ordinance and directed staff to not study flag lots nor zero lot lines and to work with the Housing Subcommittee to re-review the allowable units for SB 9 and provide a report back in six months.
MOTION: Introduce Ordinance 1603 to Create Objective Design Standards for Single- Family Development by Amending San Carlos Municipal Code Title 18 - Zoning: Chapter 18:03 - Rules of Measurement; 18.04 - Residential Districts; 18.12 - Hillside Overlay District; 18.15 - General Site Regulations;
18.20 - Parking and Loading; 18.26 - Planning Authorities; 18.27 - Common Procedures; 18.29 - Design Review; 18.40 -Use Classification; and 18.41 - Terms and Definitions; and Adding a New Subsection 18.23.310 - Urban Infill Units, Under 18.23 - Standards for Specifics Uses and Activities with the following amendments:
- Define the height of plant screening for rear facing balconies. - Remove all “ADA” references to just state the 36” width walkways. - Follow the recommended Field Guide to American Homes when it pertains to porches.
- For a second unit on an SB-9 subdivided lot, do not allow anything greater than 50% of the primary unit or exceed 800 square feet - Include a Director’s Hearing Review process, to resolve ODS compliance disputes.
- City staff will handle the initial notification and collection of concerns and increase the neighborhood notification period to 21 days. - Continue with a 14-day public comment process at stage 3 of the compliance review process and post a front yard sign displaying compliant plan, and staff will send neighborhood notification.
MOVER: Pranita Venkatesh
SECONDER: John Dugan
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
MOTION: At 11:20 PM, Extend the meeting to 12:00 AM.
MOVER: Sara McDowell
SECONDER: Pranita Venkatesh
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
b. Consideration of Introducing an Ordinance Amending the San Carlos Municipal Code Section
18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units and Sections 18.03 - Rules of Measurement, 18.12 - Hillside Overlay District, 18.29 - Design Review, and 18.40 - Use Classifications.
Assistant Community Development Director Andrea Mardesich presented proposed changes to the Accessory Dwelling Units and responded to Council questions.
Council directed the subcommittee to re-review the height limit of attached ADUs above first stories.
Public Comment
None.
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MOTION: Approve to Close the Public Hearing.
MOVER: John Dugan
SECONDER: Ronald Collins
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
MOTION: Introduce Ordinance 1604 Amending the San Carlos Municipal Code Section 18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units and Sections 18.03 - Rules of Measurement, 18.12 - Hillside Overlay District, 18.29 - Design Review, and 18.40 - Use Classifications with amendments allowing a maximum height limit of 20’ for detached ADUs regardless of location to transit; requiring obscured windows or 5’ sills for ADUs located above the first floor and within 7’ of the side or rear setback; and striking additional height to 2nd floor ADUs limiting them to 25’.
MOVER: John Dugan
SECONDER: Sara McDowell
AYES: McDowell, Venkatesh, Dugan, Collins, Rak
NAYS: None.
RESULT: Motion Passed 5 – 0
9. AGENDA SETTING
Councilmember McDowell suggested agendizing an item to discuss and reconsider the policy requiring single-family residentials to underground utilities. The request received Council support and will be agendized at a future meeting.
10. PUBLIC COMMENT
None.
11. ADJOURNMENT
Mayor Rak adjourned the meeting at 11:46 PM.
Crystal Mui,
City Clerk
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CITY COUNCIL
STAFF REPORT
MEETING DATE: December 11, 2023
ITEM TITLE: Adopt Ordinance No. 1605 Establishing Chapter 12.40 – Pedestrian Malls, to Title 12 - Streets, Sidewalks and Public Places, in the San Carlos Municipal Code.
RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 1605, establishing Chapter 12.40 – Pedestrian Malls, to Title 12 – Streets, Sidewalks and Public Places, in the San Carlos Municipal Code.
FISCAL IMPLICATIONS:
There is no direct fiscal impact and no additional appropriation is needed at this time.
BACKGROUND:
The Pedestrian Mall Law of 1960 provides that once the City Council adopts a resolution establishing the mall and all legal claims are resolved, it can adopt an ordinance regarding the pedestrian mall. At its November 27, 2023 meeting, after conducting a public hearing on the item and taking the above two steps, the City Council introduced Ordinance No. 1605 (Attachment 1) amending the Municipal Code to add a new chapter 12.40, that provides for the rules and regulations for the operation and use of the pedestrian mall.
The pedestrian mall will be closed to all motorized vehicular traffic as defined, with exceptions for delivery, service, and maintenance vehicles during limited hours. An emergency access lane is required to be maintained at all times, free and clear of any furnishings to allow for fire, emergency medical technician, and police access when needed.
ANALYSIS:
The Ordinance is designed to be complementary with the City’s current codes for sidewalk dining and temporary uses under Chapters 12.36, 18.23, and 18.31. Additional requirements specific to the pedestrian mall include that the furnishings must be removable, and not permanent, and must be removed for special events. The current temporary parklets under the temporary parklet program would expire as presently provided on September 15, 2024. The pilot parklet program would also continue until the Council sunsets that program.
If circumstances change, this Ordinance can be modified in the future. Adoption of the pedestrian mall ordinance on December 11 would make it effective on January 10, 2024.
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ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt Ordinance No. 1605 establishing Chapter 12.40 – Pedestrian Malls, to Title 12 – Streets, Sidewalks and Public Places, in the San Carlos Municipal Code; or
2. Do not adopt Ordinance 1605; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Gregory Rubens, City Attorney
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Pedestrian Mall Ordinance No. 1605
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ORDINANCE NO. 1605
AN ORDINANCE OF THE CITY OF SAN CARLOS
ESTABLISHING CHAPTER 12.40 - PEDESTRIAN MALLS, TO TITLE 12 - STREETS, SIDEWALKS AND PUBLIC PLACES, IN THE SAN CARLOS MUNICIPAL CODE.
SECTION 1. Findings. The City Council of the City of San Carlos does hereby finds and declares as follows:
WHEREAS, after conducting a Public Hearing on November 27, 2023, the City Council of the City of San Carlos adopted Resolution 2023-142 establishing a pedestrian mall on the 700 block of Laurel Street, between Cherry and Olive Streets while still maintaining through east-west traffic on these same streets, pursuant to the Pedestrian Mall Law of 1960 (California Streets and Highways Code Section 11000 et seq); and
WHEREAS, the Resolution will go into effect as of the effective date of this Ordinance; and
WHEREAS, the City wishes to amend the Municipal Code to add a new chapter establishing rules and regulations prohibiting vehicular traffic and governing the use of the pedestrian mall.
NOW, THEREFORE the Council of the City of San Carlos ordains as follows:
Section 1. Chapter 12.40 “Pedestrian Malls” of the San Carlos Municipal Code is added as follows:
12.40.010 Definitions
Emergency Vehicle Access Lane means the designated area of the Pedestrian Mall that shall be clear of all obstructions as determined by the Public Works Director or designee.
Pedestrian Malls means streets, or portions thereof, on which vehicle traffic is restricted in whole or in part and which is to be used exclusively or primarily for pedestrian travel.
Motorized Vehicular Traffic means vehicular traffic powered by motor, including without limitation, automobiles, trucks, buses, motorcycles, motor or e-scooters.
12.40.020 Boundaries
Pedestrian malls are established along the following boundaries, excluding the east-west traffic on the intersecting streets:
(a)700 block of Laurel Street between Cherry Street and Olive Street
12.40.030 Prohibition of Vehicular Traffic
All motorized vehicular traffic is prohibited on a pedestrian mall subject to the following exceptions:
(a) Emergency vehicles and equipment of all types;
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(b) Public utility vehicles and equipment;
(c) Garbage/recycling trucks operating on their established routes; (d) Sweepers, trucks or other vehicles or equipment operated by or at the direction of the Public Works Director, or designee, for the purpose of performing City services on a pedestrian malI
(e) Commercial vehicles and equipment entering a pedestrian mall during hours to be established by the Public Works Director, or designee, where such entry is reasonably necessary for the purpose of making deliveries of mail, merchandise, or goods or equipment to the business establishments occupying property abutting on the pedestrian mall and where such deliveries cannot be made to said business establishments through entrances other than those on the pedestrian mall; and
(f) Commercial vehicles and equipment entering a pedestrian mall where such entry is reasonably necessary for the purpose of performing work or services on the pedestrian mall or on private property or properties abutting thereon and where the owner or operator of any such vehicle or equipment holds a permit issued by or at the direction of the Public Works Director, or designee.
(g) Vehicles exiting from the 799 Laurel Street parking area and driveway to reach Olive Street where such vehicular exit is reasonably necessary and where the property owner holds a permit issued by or at the direction of the Public Works Director, or designee.
12.40.040 Riding on sidewalks and pedestrian malls—Prohibited. (a) It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any sidewalk.
(b) It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any overhead pedestrian crossing over any street, or on a roadway, state highway or state freeway that is signed for pedestrian use only within the city. (c) It is unlawful for any person to ride or operate a bicycle, motor driven cycle or motor scooter upon any pedestrian mall, except in the portion designated as a bike path.
12.40.050 Permits for Use of Pedestrian Mall
(a) Business establishments occupying property abutting on a pedestrian mall may apply for a revocable encroachment permit from the Public Works Director or designee in accordance with Chapter 12.36 to use the portion of the pedestrian mall fronting their property for the purpose of restaurant seating and/or outdoor merchandise display, provided they meet the requirements set forth in the permit, including indemnity and insurance requirements, and the following conditions:
(1) Furniture and fixtures placed within a pedestrian mall shall not be permanently attached and shall be removable to allow for the full extent of the pedestrian mall to be used for the purpose of permitted celebrations and special events, required
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maintenance, or other City purposes and must be removed at the request of the Public Works Director or designee within 48 hours of receiving notice. (2) Encroachment Areas. The physical extent of the encroachment may be required to be clearly delineated by physical means as part of the encroachment permit and designed to be decorative, durable, removable and minimize tripping hazards.
(3) Interference with Emergency Vehicle Access Lane. Furniture and fixtures placed under an encroachment permit shall not be placed within emergency vehicle access lane of the pedestrian mall.
(4) Site Maintenance. Restaurant seating areas and outdoor merchandize display areas shall be maintained in a sanitary manner, free of litter, refuse, and debris.
Such areas shall be in compliance with San Mateo County Division of Environmental Health requirements. The area shall be swept, scrubbed and mopped to remove any spilled food or drink stains on the mall surface on a daily basis. Such cleaning shall be performed in accordance with the City's Stormwater Management and Discharge Control Program, which prohibits any discharge other than stormwater into the stormwater drainage system. Failure to maintain the site shall be cause for termination of the encroachment permit. (5) Encroachment Fee. The applicant shall pay an annual fee in the amount set forth in the City's adopted Fee Schedule.
(6) Accessibility. Restaurant seating and merchandise display areas shall meet accessibility requirements for the disabled under the Americans with Disabilities Act and other similar laws, and shall allow safe passage of pedestrians. Umbrellas or other moveable sunshading fixtures shall maintain a minimum of seven-foot ground clearance.
(7) No Vested Rights. Encroachment permits shall be revocable in the discretion of the Public Works Director or designee. The Encroachment Permit shall not constitute a use permit or other entitlement that runs with the land. (8) Other Conditions. The Director of Public Works or designee may impose other reasonable conditions deemed necessary for the safe and efficient operation of a pedestrian mall.
(9) Parklets with Existing Encroachment Permits. Notwithstanding the above, Parklets with encroachment permits granted as of the effective date of this Ordinance under the Pilot Parklet Program or the temporary parklet program shall remain in effect until the termination of the applicable program. (b) Special Events and temporary uses on a pedestrian mall may be permitted pursuant to Chapters 12.01, and 18.31 and Section 18.23.240
SECTION 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
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of this ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this ordinance and such section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional.
SECTION 3: 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 11th day of December, 2023 by the following vote:
AYES, COUNCILMEMBERS: ____________________________________________________ NOES, COUNCILMEMBERS: ___________________________________________________ ABSENT, COUNCILMEMBERS: _________________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
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CITY COUNCIL
STAFF REPORT
MEETING DATE: December 11, 2023
ITEM TITLE: Adopt Ordinance No. 1606 Amending San Carlos Municipal Code Title 18 – Zoning: Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and 18.28 – Zoning Clearance, for Consistency with the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport.
RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 1606 amending the City of San Carlos’ Municipal Code, Title 18 – Zoning: Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and 18.28 – Zoning Clearance for consistency with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport.
FISCAL IMPLICATIONS:
There are no fiscal impacts associated with this project.
BACKGROUND:
The Planning and Transportation Commission, at its meeting on November 6, 2023, conducted a public hearing and reviewed the proposed amendments and adopted Resolution No. PTC 2023- 21 (Attachment 2) recommending that the City Council hold a public hearing and introduce an ordinance to amend the Zoning Ordinance for consistency with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (“ALUCP”).
The City Council, at its meeting on November 27, 2023, conducted a public hearing and introduced Ordinance No. 1606 (Attachment 1) to amend the Zoning Ordinance for consistency with the ALUCP.
ANALYSIS:
To address the ALUCP’s required compatibility areas regarding Noise, Safety, and Airspace Protection including Disclosures and Overflight Notification, the Zoning Ordinance is proposed to be amended as listed in Table 1 below.
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Table 1. Amendments to San Carlos’ Zoning Ordinance
Description Section
1 General Site Regulations 18.15
2 Noise (Performance Standards) 18.21.050
3 Airport Land Use Compatibility Plan Consistency
(Performance Standards)
18.21.150
4 Zoning Clearance 18.28
1. Section 18.15, General Site Regulations, is amended to require conformance with the ALUCP standards as described in the amended and expanded Section 18.21.150, Airport Land Use Compatibility Plan Consistency, where applicable.
2. Section 18.21.050, Noise, is amended to require acoustic study when a proposed project creates an inconsistency with the standards in ALUCP as referred to in the amended and expanded Section 18.21.150, Airport Land Use Compatibility Plan Consistency.
3. Section 18.21.150, Airspace Protection, is renamed to Airport Land Use Compatibility Plan Consistency, and amended to include procedures that require conformance to standards and requirements for each of the compatibility areas noted above, provides real estate disclosure language to be used, and indicates the relevant sections of the ALUCP for property owner, applicant, or reviewers.
4. Section 18.28, Zoning Clearance, is amended to require conformance with the Airport Land Use Compatibility Plan standards as described in the amended and expanded Section 18.21.150, Airport Land Use Compatibility Plan Consistency, where applicable.
Environmental Review. No additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162.
ALTERNATIVES:
The options available to the City Council include:
1. Adopt Ordinance No. 1606 amending San Carlos Municipal Code Title 18 – Zoning:
Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and 18.28 – Zoning Clearance, for Consistency with the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport; or
2. Do not adopt Ordinance No. 1606; or
3. Provide alternative direction.
Respectfully submitted by:
Al Savay, Community Development Director
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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Ordinance No. 1606
Exhibit A to Ordinance – Amendments to Zoning Ordinance
2. Planning and Transportation Commission Resolution No. PTC 2023 - 21
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ORDINANCE NO. 1606
AN ORDINANCE OF THE CITY OF SAN CARLOS
AMENDING SAN CARLOS MUNICIPAL CODE TITLE 18 – ZONING: SECTIONS 18.15 – GENERAL SITE REGULATIONS, 18.21 – PERFORMANCE STANDARDS, AND
18.28 – ZONING CLEARANCE, FOR CONSISTENCY WITH THE COUNTY OF SAN MATEO’S COMPREHENSIVE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE ENVIRONS OF SAN CARLOS AIRPORT.
SECTION 1: The City Council of the City of San Carlos does ordain as follows:
WHEREAS, the State Law (California Public Utilities Code, Article 3.5, Section 21670) requires the establishment of airport land use commissions in counties with one or more airports serving the general public and development of airport land use compatibility plans for the environs of the airports; and
WHEREAS, the City/County Association of Governments of San Mateo County (C/CAG), in its designated role as the Airport Land Use Commission for San Mateo County, is the lead agency responsible for preparing the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (“ALUCP”); and
WHEREAS, State Law (California Government Code, Section 65302.3) requires cities to have their general plans, specific plans, and land use regulations be consistent with the ALUCPs; and
WHEREAS, on January 23, 2023, the City Council of the City of San Carlos adopted amendments to the San Carlos Zoning Ordinance, consisting of changes to building heights; and WHEREAS, subsequently C/CAG requested amendments to San Carlos’ Zoning Ordinance to bring it into compliance with the ALUCP as amended in 2015 and 2022; and WHEREAS, responding to C/CAG’s request, City staff submitted C/CAG with draft amendments to the City of San Carlos’ Municipal Code, Title 18, Zoning, Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and 18.28 – Zoning Clearance for consistency with the ALUCP; and
WHEREAS, on October 12 th, the C/CAG Board of Directors, acting as the Airport Land Use Commission, determined the proposed draft amendments to be conditionally consistent with the ALUCP, subject to recommended modifications; and
WHEREAS, City staff has accepted C/CAG’s recommended modifications and included these in the attached proposed amendments to Zoning Ordinance (Exhibit A: Proposed Zoning Ordinance Amendments); and
WHEREAS, pursuant to Government Code Sections 65853 and 65850 and San Carlos Municipal Code Chapter 18.35.050, when a change in the Zoning Ordinance (Title 18 of the San Carlos Municipal Code) is found necessary, the Planning and Transportation Commission shall hold a public hearing to consider such change and render its decision to the City Council; and
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WHEREAS, pursuant to pursuant to San Carlos Municipal Code Chapter 18.35.050 and the California Government Code Sections 65090 and 65091 a Planning and Transportation Commission Public Hearing Notice was published on October 26, 2023 in the newspaper; and WHEREAS, on November 6 th, 2023, pursuant to San Carlos Municipal Code Chapter
18.35, the Planning and Transportation Commission adopted Resolution No. PTC2023-21 recommending to the City Council adoption of Zoning text amendments, and including the reasons for the recommendation, and the relationship of the proposed amendment to the applicable General Plan pursuant to Chapter 18.35.
SECTION 2:
WHEREAS, pursuant to Public Resources Code, Section 21166 and California Environmental Quality Act (CEQA) Guidelines, Section 15162, no additional environmental review is required; and
WHEREAS, the City Council desires to make findings for the proposed amendments to the San Carlos Municipal Code Title 18 Zoning Ordinance relative to implementation of the 2030 General Plan.
SECTION 3: The City Council makes the following findings:
A. Regarding CEQA.
1. This action implements the programs and policies of the San Carlos 2030 General Plan, is within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) and no new environmental effects have been found and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162.
B. Relative to Section 18.35.080, of the San Carlos Municipal Code Zoning title text amendment findings:
1. The ordinance amendment is consistent with the General Plan.
The 2030 General Plan constitutes a comprehensive, long-term document capable of guiding the future development of the city; meets all the requirements for such plans as contained in the Planning and Zoning Law (Government Code, sections 65300-65303.4) and other laws; and was prepared and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65350-65362) by the City Council on October 12, 2009. The San Carlos Zoning Ordinance as adopted by the City Council on November 28, 2011, and subsequently amended thereafter, is the primary document that implements the provisions of the General Plan. There must be consistency between the two documents. The proposed amendments ensure the City has procedures codified in its Zoning Ordinance that require conformance with the ALUCP and its elements (Noise, Safety, Airspace Protection including Disclosures and Overflight Notification) that consider evaluation and mitigation of the potential impacts to air quality, noise levels and
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sensitive land uses, thus remaining consistent with the City of San Carlos’ Zoning Ordinance and General Plan; and
2. 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.
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 environs of the San Carlos Airport and protects the health, safety, peace and general welfare of the public.
SECTION 4: Severability. That 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. This Ordinance as set forth in Exhibit “A” shall be published and posted according to law and shall take effect 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 11th day of December, 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
EXHIBIT A: Amendments to Title 18 -Zoning: 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 NO. PTC2023-21
A RESOLUTION OF THE PLANNING AND TRANSPORTATION COMMISSION OF THE CITY
OF SAN CARLOS RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO THE SAN CARLOS MUNICIPAL CODE, SECTIONS 18.15 - GENERAL SITE REGULATIONS, 18.21 - PERFORMANCE STANDARDS, AND 18.28 — ZONING CLEARANCE FOR CONSISTENCY WITH THE COUNTY OF SAN MATEO’S
COMPREHENSIVE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE ENVIRONS OF SAN CARLOS AIRPORT.
WHEREAS, the State Law (California Public Utilities Code, Article 3.5, Section 21670) requires the establishment of airport land use commissions in counties with one or more airports serving the general public and development of airport land use compatibility plans for the environs of the airports; and
WHEREAS, the City/County Association of Governments of San Mateo County (C/CAG), in its designated role as the Airport Land Use Commission for San Mateo County, is the lead agency responsible for preparing the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (“ALUCP”); and
WHEREAS, State Law (California Government Code, Section 65302.3) requires cities to have their general plans, specific plans, and land use regulations be consistent with the ALUCPs; and
WHEREAS, on Jan 23, 2023, the City Council of the City of San Carlos adopted amendments to the San Carlos Zoning Ordinance, consisting of changes to building heights; and WHEREAS, subsequently C/CAG requested amendments to San Carlos’ Zoning Ordinance to bring it into compliance with the most recent version of the ALUCP; and WHEREAS, responding to C/CAG’s request, City staff proposed amendments to the City of San Carlos’ Municipal Code, Title 18, Zoning, Sections 18.15 — General Site Regulations, 18.21 — Performance Standards, and 18.28 — Zoning Clearance for consistency with the ALUCP; and WHEREAS, October 12, the C/CAG Board of Directors acting as Airport Land Use Commission determined the proposed amendments to be conditionally consistent with the ALUCP, subject to recommended modifications; and
WHEREAS, City staff has accepted C/CAG’s recommended modifications and proposed amendments to Zoning Ordinance (Exhibit A: Proposed Zoning Ordinance Amendments); and WHEREAS, pursuant to Government Code Sections 65853 and 65850 and San Carlos Municipal Code Chapter 18.35.050, when a change in the Zoning Ordinance (Title 18 of the San Carlos Municipal Code) is found necessary, the Planning and Transportation Commission shall hold a public hearing to consider such change and render its decision to the City Council; and
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WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.35.050 and the California Government Code Sections 65090 and 65091 a Public Hearing Notice was published on October 26, 2023 in the newspaper; and
WHEREAS, pursuant to Public Resources Code, Section 21166 and California Environmental Quality Act (CEQA) Guidelines, Section 15162, no additional environmental review is required; and
WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.35.080, the Planning and Transportation Commission shall make findings regarding a Zoning title text amendment and recommendation to the City Council shall include the reasons for finding that the recommendation is consistent with the General Plan and consistent with Title 18 to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and
WHEREAS, the Planning Commission desires to make findings for the proposed amendments to the San Carlos Municipal Code Title 18 Zoning relative to implementation of the 2030 General Plan.
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning and Transportation Commission of the City of San Carlos that:
Pursuant to SCMC Section 18.35.080 Criteria for Zoning Amendments, the Planning and Transportation Commission shall not recommend, and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:
1. Findings
The Planning Commission makes the following findings:
A. Regarding the California Environmental Quality Act.
1) Pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162, no additional environmental review is required.
Basis for Finding: This project implements the programs and policies of the San Carlos 2030 General Plan, is within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) and no new environmental effects have been found and no new mitigation is necessary.
Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162.
B. The proposed ordinance amendments are consistent with the General Plan.
POLICY LU-6.5 Work with San Mateo County to maintain and enhance the San Carlos Airport general aviation facility as an economically significant facility of countywide importance.
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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.
ACTION EM-6.1 Require review by appropriate agencies of development applications that may create potential air quality impacts to assure compliance with relevant regulations.
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.
Basis for Finding: The proposed amendments ensures the City has procedures embedded in its Zoning Ordinance that require conformance with the ALUCP and its elements (Noise, Safety, Airspace Protection including Disclosures and Overflight Notification) that consider evaluation and mitigation of the potential impacts to air quality, noise levels and sensitive land uses.
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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a
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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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CITY COUNCIL
STAFF REPORT
MEETING DATE: December 11, 2023
ITEM TITLE: Adopt Ordinance No. 1607 Approving the 501 Industrial Road Project Planned Development Plan and Related Zoning Map Amendment to Rezone the Project Site from Landmark Commercial to Planned Development at 501 Industrial Road (APN 046-090-410).
RECOMMENDATION:
The Planning and Transportation Commission and staff recommend that the City Council adopt Ordinance No. 1607 approving the 501 Industrial Road Project Planned Development Plan and Related Zoning Map amendment to rezone the project site from Landmark Commercial to Planned Development at 501 Industrial Road (APN 046-090-410).
FISCAL IMPLICATIONS:
The applicant has paid the appropriate application fees and provided deposit funds to pay for expenses related to the environmental review and other reports and analyses associated with the project. The project will be required to pay building permit fees and City impact fees. City impact fees total over $4.4 million and include: commercial linkage (affordable housing), childcare, sewer, and traffic fees.
The proposed hotel development will also benefit the City by generating additional property tax and sales tax revenue, new job creation, and transit occupancy tax. 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.
BACKGROUND:
The Planning and Transportation Commission, at its November 6, 2023 meeting, conducted a public hearing and (1) adopted Resolution PTC2023-18, recommending that the City Council certify the Final Environmental Impact Report and associated Mitigation Monitoring and Reporting Program, (2) adopted Resolution PTC2023-19 recommending that 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 PTC-2023-20 recommending that 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 City Council, at its November 27, 2023 meeting, conducted the public hearing and adopted Resolution 2023-143 certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan, introduced Ordinance 1607 to rezone the site from Landmark Commercial
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(LC) to Planned Development Zoning and approving the Planned Development Plan, and introduced Ordinance 1608 approving the Development Agreement as revised at the meeting.
ANALYSIS:
The Planned Development Ordinance authorizes a development of a new 188-room hotel at 501 Industrial Road with the following site-specific development standards:
1. Height. Exceed the maximum height of 50’ allowed in the LC District. The applicant proposes a maximum height 74’-4” to the top of the parapet and 81’-8” to the top of the roof tower.
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 site plan includes parking 29’ from the property line with sufficient area for landscape screening.
4. Required Parking. Permit 148 onsite 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%.
Environmental Review.
At its November 27, 2023 meeting, the City Council adopted Resolution 2023-143 certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan, prepared in accordance with CEQA guidelines. With implementation of the mitigation measures, the project will not result in a significant impact to the environment.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt Ordinance No. 1607 approving the 501 Industrial Road Project Planned Development Plan and Related Zoning Map amendment to rezone the project site from Landmark Commercial to Planned Development at 501 Industrial Road (APN 046-090- 410); or
2. Do not adopt Ordinance 1607; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Al Savay, Community Development Director
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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Ordinance 1607 with Exhibit A – Zoning Map
Exhibit B to Ordinance – Planned Development (PD) Plans Exhibit C to Ordinance – PD Findings
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ORDINANCE NO. 1607
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 2023-143, 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 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
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west wing at four stories and 43’-7” to the top of the parapet. The hotel project includes meeting 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.
* * * *
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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 11th day of December, 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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PROJECT DIRECTORY
‘OWNER CHAO WU & LYDIA WEN HOLLY HOTEL GROUP, LLC. 991 WEST HEDDING ST. SUITE 103 SAN JOSE, CA 95126 (418) 2440802 ‘[email protected] [email protected] ARCHITECT: ROBERT SAUVAGEAU RYS ARCHITECTS, INC. TOMONTEREY BLVD. SAN FRANCISCO, CA 94131, (415) 841-9090 obs @rysarchitects.com CONCEPT DESIGN ARCHITECT: CY, LEE & PARTNERS ARCHITECTS /PLANNERS DAYUAN ARCHITECTURE DESIGN ‘CONSULTING (SHANGHAD CO. LTD. RMSO1, GUBEL INTERNATIONAL FORTUNE CENTER 1, NO1452 HOGQIAO RD, SHANGHAI, CHINA 200336 TEL: 86-21-32003.5998 cM: ‘SAEID RAZAVI SMP ENGINEERS. 1534 CAROB LANE LOS ALTOS, CA 94024 (@50)941-8055 [email protected] INTERIOR DESIGN ‘ASHLEY BRIGHT HBAVHirsch Bedner Associates 3216 NEBRASKA AVE SANTA MONICA, CA $0404 (G10) 829 9087 [email protected]
SITE ANALYSIS
LANDSCAPE: ‘TOM HOLLOWAY KLA, INC, 151 N,NORLIN ST, SONORA, CA 95370 (209)582-2852 [email protected] USHTING. NICK ALBERT ILLUMINATE LIGHTING DESIGN 334 BRANNAN ST. SAN FRANCISCO, CA 94107 (418) 362 - 8900, Pick. abbert@iluminatel,com ANIHG® HOTEL
NDIGO
TITLE
HOTEL
HOLLY HOTEL GROUP, LLC INDIGO HOTEL INDIGO SAN CARLOS, CALIFORNIA PLANNING SUBATTAL 10-08-2020 FAASAMITTAL 04-26-2095" LANNING REVAMITTAL 06-06-208t (aA /rW COMMENT RESPONSE 02 PANNING RESLAMATTALT-SG-anat —DRAPTEIRMEETING UPDATED DRAMIINGS 0-01-2025 (FRE DEPT AMMA SUBMITTAL 01-20-2002 PROJECT DATA: PROPOSED SITE AREA: BUILDING AREA
APN. 046-000-410 AREA SE. PERCENTAGE
ADDRESS: 501 INDUSTRIAL RD BUILDING FOOTPRINT: 31128 342% Level GROSS FAR, SAN CARLOS, CA 94070 PAVING: 27.6368 304% FRErFioon simmer] tieuse PROJECT LOCATION an PARKING 13780 15.13% i Fe Fe EXISTING ZONE: LANDMARK COMMERCIAL / GATEWAY OVERLAY LANDSCAPE & OPEN SPACE: 18,521 2033% SeconDFInoR mais, | aea7a5F.
TYPES OF OCCUPANCY: RHI/B/AQ/AS/S-2 TOTAL SITE AREA: B10558.F. 100% THIRD FLOOR pease, | 2470557.
BUILOING TYPE: WA. 1A, NEPA 13 SPRINKLERED FOURTH FLOOR 170856F. | 170858F.
PROPOSED OF USE: SELECT-SERVICE HOTEL FIFTH FLOOR ce ROOM MIX : NO. OF STORIES: 6 LEVELS ABOVE GRADE -_aanss INDICATES ROLLIN SHOWER ‘SIXTH FLOOR wosssF. | 170058F.
PARKING DATA ae 02 03 of 08 08 FLOOR AREA RATIO: 118,884 5,F, 761,065 = 1.20 TYPE REQUIRED | PROVIDED | KING 28 at 18 2 “3 | 16 BICYCLE DATA STANDARD 156 107 ‘ACC. KING 1 7 o——e “ACC VAN 1 1 KING BALCONY 3 3_| Tre PROVIDED ANDCAPE ARNE SMOTORCYCLE ° 7 ‘ACC. KING BALCONY + 1_|_ SHORT TERM 201 “ 0 EAS Paauanaty ALTA eau “ACC STAND. 3 5 DOUBLE QUEEN 3 7 [6 [8 | | = | tone tern ry : 5 Sereormnenc, a CAR LET ° ° ‘ACC, DOUBLE QUEEN 1 1 TOTAL 32 : races a EV CHARGING @ 8 ‘DOUBLE QUEEN BALCONY 3 3_| scuont TERM PER ZONING 18.20.060 ESPLA srectomstcrions ~ (0% REO, PARKING, 4 MIN: 20 SPACES) wo s : "ACC VAN 1 1 ‘ACG. DOUBLE QUEEN BALCONY | 1 1_| shod PERM Ben Gal GREEN S.t0S4 1a ‘ 5 (6% REQ, PARKING, 2 MIN: 70 SPACES) : oe : "ACC STAND. 1 7 ee 1 2 3_| stone TERM PER ZONING 18,20.060 : ‘ : x (1:20 w 25 FULL TIME EMPLOYEES: 20 SPACES) : : ‘CLEAN ARWWANPOOLEV 16 16 ACC. KING STUDIO 1 1] tone 20 25 FULL TIME EMPLOYEES: x racer 7 REGISTRATION 2 2 ACC. KING STUDIO BALCONY 1 1 (6% REQ. PARKING, 1 MIN: 10 SPACES) a ELEVATIONS SGNAC TOTAL 190 148 ‘QUEEN STUDIO 1 1 1 3 | FAA INFORMATION arene 3 “ IEV CHARGING STATIONS PER TABLE 5.106.53.3 (151-200: 10 SPACES) "ACC. QUEEN STUDIO a 1 7 2ACC EV CHARGING STATIONS PER TABLE 118.226.32.1 (5.25 EVCS: 1 AND 1) a PARKING FOR CLEAN AIR VEHICLES PER TABLE 5.106.5.2(151.200" 18 SPACES) | ACC, PRES. SUITE 1 7] COORDINATES CLOSEST TO NEAREST AIRPORT RUNWAY’ a“ , {ACC PARKING PER 115.208.2 (151-200; 6 SPACES) LATITUDE: 37-9049.71N NAD 83 : 7 " SMOTORCYLE PARKING PER ZONING 18.20.050 (5% MAX: 7 SPACES) TOTAL “2 “4 34 34 33 | 128 | toncirune: 122-18-22.2007 .
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BUILDING CODE DATA
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VEHICLE & PEDESTRIAN CIRCULATION DIAGRAM w@ B -
EE ee HOTEL INDIGO SAN CARLOS, CALIFORNIA STARMONTRERAMMTEALSRCSO at ORAPTEIMEENNG UPOATED RAMOS OOF 2 HOTEL HOLLY HOTEL GROUP, LLC INDIGO ‘
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December 11, 2023
Packet Pg. 47
(COAG HEIGHT.
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ALUCP HEIGHT REQUIREMENTS
%
HOTEL | HOLLY HOTEL GROUP, LLC INDIGO ‘ HOTEL INDIGO SAN CARLOS, CALIFORNIA PLANNING SUBATTAL 10-08-2020
Preeti eed (FRE DEPT AMMA SUBMITTAL 01-20-2002
cxawew [DRAFT BR MEETING
FAA SMITTAL 04-26-2025: COMMENT RESPONSE 2-01-2038 UPDATED DRANAIGS 08-09-2028 ARCHITECTS
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December 11, 2023
Packet Pg. 48
SS — ET
_HOLLY ST.
TC
Tor
(© CORNER ELEMENT LANDSCAPE AREA T= 30a
INDUSTRIAL RD.
EXTERIOR WALL RADIUS DIAGRAM
T= 1000
INDUSTRIAL ROAD
25-690
Existing Office
she sence No seus
—_—_—_—SS SITE PLAN “ Al
HOTEL ananc Saar 0-0-2020 TAA RmMTTAL O46 2005 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA TAMMINGRESAMITIN.o8-oFaaat | canA/Py COMMENT RESPONSE 02-200 (FRE DEPT AMMA SUBMITTAL 01-20-2002 HVT
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Packet Pg. 49
FIRE ACCESS PLAN
HOTEL INDIGO SAN CARLOS, CALIFORNIA HOLLY HOTEL GROUP, LLC INDIGO HOTEL
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December 11, 2023
Packet Pg. 50
1 i
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FIRST FLOOR PLAN EE
HOTEL PLANNING SUBMITTAL 10-01-2020 FAA SUWAITTAL 06-24-2025 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA RARNCRSAMTIACGSceat car cowie oe oat (FRE DEPT AMMA SUBMITTAL 01-20-2002
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December 11, 2023
Packet Pg. 51
~~ COLOR LEGEND
~ PUBLICS!
BACK OF HOUSE
MEETING
GUESTROOM
WOMEN'S
MEETING
PREFUNG,
MEETING
QUEEN STUDIO ‘ACC.
STUDIO
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SECOND FLOOR PLAN
HOTEL PLANNING SUBMITTAL 10-01-2020 FAA SUWAITTAL 06-24-2025 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA RARNCRSAMTIACGSceat car cowie oe oat (FRE DEPT AMMA SUBMITTAL 01-20-2002
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December 11, 2023
Packet Pg. 52
PRES, SUITE ‘ACC.
BC
Kine
Kine
Kine
Kine
Kine
KING
~~ COLOR LEGEND
GUESTROOM
BACK OF HOUSE
KING:
i KING
kine
kins
kine
kine
Kine
QUEEN sTupo
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KING STUDIO
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THIRD FLOOR PLAN ee
HOTEL | HOLLY HOTEL GROUP, LLC INDIGO ‘
LANNING SUBMITTAL 10-08-2020 FAASAMITTAL 04-26-2095" LANNING REVAMITTAL 06-06-208t (CeOA/rW COMMENT RESPONSE 02-01-2038. PANNING RESLAMATTALT-SG-anat —DRAPTEIRMEETING UPDATED DRAMIINGS 0-01-2025 (FRE DEPT AMMA SUBMITTAL 01-20-2002 Hi HOTEL INDIGO SAN CARLOS, CALIFORNIA
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Packet Pg. 53
f ose COLOR LEGEND
GUESTROOM
BACK OF HOUSE
TYPICAL UPPER FLOOR PLAN
HOTEL PLANNING SUBATTAL 10-08-2020 FAASAMITTAL 04-26-2095" INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA RARNCRSAMTIACGSceat car cowie oe oat
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Packet Pg. 54
ROOF PLAN
HOTEL INDIGO SAN CARLOS, CALIFORNIA
HOTEL HOLLY HOTEL GROUP, LLC INDIGO
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December 11, 2023
Packet Pg. 55
LOT COVERAGE COLOR LEGEND
LANDSCAPING: BUILDING: DRIVE WAY:
HOTEL BUILDING
NOTE: SEE LANDSCAPE AND CIVIL FO!
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INDUSTRIAL ROAD
11,268 SF
2th SE
Marriott
(FRE DEPT AMMA SUBMITTAL 01-20-2002
LOT COVERAGE DIAGRAM AT
HOTEL PLANNING SUBMITTAL 10-01-2020 FAA SUBMITTAL 04-24-2035 10 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA AMNCRRMTIALoROaoat | ce rw condi cnOt oot at ea
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December 11, 2023
Packet Pg. 56
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HOTEL
HOLLY HOTEL GROUP, LLC INDIGO
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December 11, 2023
Packet Pg. 57
WErAL PANEL PA ‘CEMENT PLASTER C2 CCOMENT LASTER CH SOUR READY ‘CEENT PLASTER C3 ETAL ADMIRIG M2 ‘CEMENT PLASTER CA
secewnoes TO SepanaTe PERN =
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EXTERIOR ELEVATIONS & SIGNAGE
HOTEL
HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA INDIGO ARCHITECTS
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December 11, 2023
Packet Pg. 58
Ccenent PLASTER C3
SEPARATE PERU sone
>) EXTERIOR ELEVATION “NORTH Te = TO"
CcouPosme Pane. mt
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EXTERIOR ELEVATION EAST ae = TO"
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HOTEL PLANNING SUBMITTAL 10-05-2020 FAASUWAITTAL 4-24-2035 110 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA. RAGUCRBAMTIALCEGCRa car coulanr one
ARCHITECTS
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December 11, 2023
Packet Pg. 59
LO.TOWER, areeiy
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@) @) @9) @) o KING jORR. QUEEN
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LOBBY, DINING Zz
01 FLOOR 5 01 FLOOR 13.00.5F (TOS) 13005 (ros) a= - OED E aE LO GRADE —-— -$46 ee -—- BUILDING SECTION A BUILDING SECTION 8 ete eet
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BUILDING SECTIONS Att
HOTEL PLANNING SUBMITTAL 10-01-2020 UIATTAL 04-24-2008
HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA nc maara st se-oat © DRAPTBRMEENNG DATE PRAMS OOF 20 INDIGO (FRE DEPT AMMA SUBMITTAL 01-20-2002
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Packet Pg. 60
RENDERINGS
HOLLY ST. AND 101 FWY
ANZ
HOTEL
INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA ‘PANNING YBMITTAL 10-04-2000 FAASVBMITTAL OL 26-2025 05 ARMING RERAMITTALT:SD-Scst DRAFTER HEDUSG UPDATED RAMOS 08-07 2028
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December 11, 2023
Packet Pg. 61
CORNER OF HOLLY ST. AND INDUSTRIAL RD.
RENDERINGS AB
HOTEL ‘MANNING SBMITAL{0-08-2000 FAASVBMITTAL OL 26-2025 05 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA Fee TTA Oe rr RE COMMENT RESPONSE 03-08-2028
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Packet Pg. 62
COURTYARD VIEW FROM PARKING CORNER OF HOLLY ST. AND INDUSTRIAL RD.
INDUSTRIAL RD.
RENDERINGS Ald
HOTEL ‘MANNING SBMITAL{0-08-2000 FAASVBMITTAL OL 26-2025 05 INDIGO MOLY HOTEL Grove, Lic HOTEL INDIGO SAN CARLOS, CALIFORNIA SLAUINGRELAMTIAL ROCIO canary COMMENT PONS OF 2
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December 11, 2023
Packet Pg. 63
Mi M2
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CA cemenrprasrer C2 cement raster - - = (—_ = Coon wkbat MOOKE COLOR BENJANI MOORE ee See 1 Soren a Pe rarsceaenrraNes == J St ee C4 fo | Pr mene WHITE = a — al 3 So — ; a — it — ia 1 = 5 i = — om =a _—s —
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GB cement raster CA. comer niasren COLOR BENJAMIN MOORE COLOR BENJAMIN MOORE W1 composite rants W2 composite panes W3 conose panes PRODEMA PRODEK PRODEMA PRODEK PRODEMA PRODEK Pale ice crey CREAM @ EXTERIOR ELEVATION -WEST Teer
M1 eran M2 wera. MB veri ANODIZED ALUMINUM ANODIZED ALUMINUM AANDODIZED ALUMINUM COLOR MEDIUM BRONZE COLOR CHAMPAGNE COLOR CLEAR PL mera raver DRI-DESIGN COLOR MEDIUM BRONZE
COLOR & MATERIAL BOARD A
HOTEL PLANNING SUBMITTAL 10-01-2020 TAA RMMTTAL OL 4-202 5 INDIGO HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA siete RATA Ot Ot ntact tans oe (FRE DEPT AMMA SUBMITTAL 01-20-2002 ARCHITECTS
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Packet Pg. 64
VIEW OF INDUSTRIAL RD. NORTHBOUND
VIEW OF HOLLY ST. EASTBOUND BAYPORT CT HBORHOOD VIEW
PHOTO SIMULATIONS Até KU
HOTEL ‘aes sveMTTAL 1-08-2000 TAA SBMITTALO6-2-2005 17° hss HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA SLAUINGRELAMTIAL ROCIO canary COMMENT PONS OF 2 INDIGO val rt uM SATO 30S
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Packet Pg. 65
Gateway landscape element to include curved concrete wall with stone veneer piloster, low accent eed, plants and backdrop hedge pouty Ste Upright evergreen trees in regulor spacing along the arch of the property to reinforce the arch of the architecture
Continuous 6 ll wire mesh sereen fence with evergreen vines to screen parking lot from bike routes
Retaining wall - Offsite
Storm water ireaiment planter with: Uniform monoculture rushes and sedges : ‘evergreen groundcover Street trees to match the existing sfreet trees further to the south deciduous oak Continuous evergreen hedge with: flowering accent plants on the ‘Contemporary 12! pole street side porking lot lights Three bicycle rocks with parking for six bicycles ‘ . Limit of building projections above Porking stalls directly edjacent to cond under the building projections SS to be concrete S Limit of building projections above
Colored concrete pedestrian paving: with watereich finish ond grid Location
Parking under the building
Vicinity Map
Landscape Design Concept
Te fndicope dein concept for heli i to prance on enya ad aaaalic pec forthe gues ‘employes hal Hs wthin he Frdscape cradle he exsing sounding ao andthe ‘requeents fhe Ci Son Carbs for hs goleway locator Hart materalhas been seed tho! beers walin he speci condone of Sn Cas (Surat Zoe #17). Thee pointer Hos 2 sme [losing soe tha vides focus he crehere hk hiking waned ws and eng he Eurounding paling bom the adjacent aubfe ond private lon uses. The oneal courtarsh jowe ‘ol the projet with pong and wll moleriok fle! the rchiee wre king moteek and «varied ‘lr plete wi 8 varie effet cb, fom, end eure.
Siorm wales kaclme ores 8 provided twougtoul he eo moet he tesment equicements of he iy. Tha tacit rear ore degra be opt of he overall lndkcope concept Part species have ‘been sete Hoar approve fr Fon on raiser ond con wind eth eparary Insndoton, Low and mediv wor us hry ews, svvbs and groundcowr are proposed for he plo pale. The lendscope fond asocondirigaron) has Boon designed bo emotion! wih Cy of San Clos Wetor [fen Londecope Ordinances INELO} he scent tie of bung peri subtl Spi consdertons have bon provided in sdection of plan motrilharexpacts fe ned the _employos and qs as wll she ataco exstngdevloprans. Chr and sao vow como hve ‘en roideg snare ely of hoes efeing ta bing ar wal oe mong oround ss,
score joints
Paving band at edge of enhanced: motor court paving INDUSTRIAL |ROAO
Storm water treatment plonter ‘Contemporary bench: with rushes ond sedges Accessible path of travel to the
public way Vine covered trash
7 enclsoure
Enhanced concrete paving at motor court = Colored with water-etch finish Loading zone with colored: ‘runcoted domes Planted containers Two bicycle rocks with parking for four bicycles
Colored concrete pedestrian paving: with water-etch finish and grid score joints Continuous evergreen hedge with flowering accent plants on the street side.
Accessible porking stalls with code-complaint loading zone, signage, and curb ramps Monument sign
Narrow upright very airy tree to: t ——— compliment the architectural forms Norrow upright evergreen NZ with simple monoculture groundcover planting Dense evergreen vines on the
existing perimeter walls
Bicycle rack with por bikes
for 11
Wire mesh fence with dense- ‘evergreen vines to create screen Existing Office Contemporary parking lot- ‘Courtyard Enlargement Residence Inn by Marriott pate fohts See Sheet LO.2 Norrow upright evergreen trees Preliminary Landscape Plan Lo.1 Trg Sind TORO me
HOTEL INDIGO SAN CARLOS, CALIFORNIA vencetaemacam noscare Sr. ARCHTICTURE Stee TANNING ==iocnam ARCHITECTS
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December 11, 2023
Packet Pg. 66
Pantry
‘Gateway entry between porking lot and courtyard
Landscape containers/pots- with accent planting Statement stoir case ascending from courtyard to the upper meeting room Steps to the upper level patio off of patio «file or art in risers the meeting rooms Fountain with water cascading from wall into lower fountain pool ‘Accent plants in container
Full height woll that separates courtyard from parking lot = Wall to be enhanced with landscape and artistic materials to make a feature of the courtyard Dining
Lorge open patio with rectangular grid concrete. for flexible uses. Opportunity for dining furniture, conversational seating, and larger events
Wood deck or linear pavers fo create enhanced paving circle ‘Synthetic back yard" surfacing « games, seating, activities Londscope containers/pots
with accent planting
Sloped sidewalk with raised planters on Circular seating pod with built-in seating a each side ‘ond cushions
Circular light/art element suspended by Raised circular seat wall with cables over the courtyard accent planting Remote/private seating area raised above the rest of the courtyard with enhanced wood deck and surrounded by Limit of patio above- raised planter walls and dense planting Semisircular at-grade planter with dense planting and smoll accent palms Terraced raised planters that ascend the parking lot wall - These planters provide storm ‘woter ireaiment flow through planters to treat roof runoff Raised planter with dense planting end small accent palms 8! 10 tall enclosure wall with S . evergreen vines on the outside and Low wall between Board Room patio ’ Gium - ‘ 4, enhanced veneer on the inside ‘ond main courtyard with opening to : allow for ease of access Accent feature ot wall - water wall, ‘reenwall, or other.
Narrow upright accent shrub-
Accessible parking stell with: code-compliant loading zone, signage, and curb ramp Narrow upright very airy tree to-
compliment the architectural forms Lemon-Scented Gum
Dense landscape planting between the enclosure wall ond the parking lot Stoir tower Bicycle rack with parking for 11 bikes
Storm water treatment flow through planter per the civil engineers plons - Planted with compliant species such as rushes and sedges Concrete sidewalk access from the parking lot to the courtyard
Finger planter with narrow upright airy Wire mesh fencing and lockable gate to tree and low growing groundcover ‘enclose and secure the courtyard
Courtyard Enlargement Plan 10.2
HOLLY HOTEL GROUP, LLC HOTEL INDIGO SAN CARLOS, CALIFORNIA rene UMA DE? | AACMIRCRNE vary Sioned TORO
ARCHITECTS
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Packet Pg. 67
Sloped sidewolk with raised plonters on each side
HOTEL
INDIGO
HOLLY HOTEL GROUP, LLC
INDUSTRIAL
ROAD
Courtyard Renderings
HOTEL INDIGO SAN CARLOS, CALIFORNIA
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December 11, 2023
Packet Pg. 68
2 < °
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3 a Zz
Lorge open patio with rectangular grid concrete for flexible uses. Opportunity for dining furniture, conversational seating, and larger events
Enhanced wall separating courtyard from parking, with landscape and artistic materials Courtyard Renderings
HOTEL INDIGO SAN CARLOS, CALIFORNIA HOTEL
INDIGO
HOLLY HOTEL GROUP, LLC
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December 11, 2023
Packet Pg. 69
PLANT SCHEDULE
oR SES
© Loma ‘Lomandra faitofa ‘Breeze! ‘Breeze Mat Rush Soa 7 tow JUN CF Juniperus confer ‘Shore Juniper 19a Azon, 88 Low Ea ws Lope muscari yur toa soos = 10 Medium
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ee onoonamnabnscious Nirwsans condo Grass pm on, 85 Mon acs as gt ee ge
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Show, Aton soe naw A spaces maybe und ete design, Ti bn does Rowe teste qn ‘feces andthe evel ved tlendacape deve Bel le cared tough he alain,
Fallnescap ds sallmct Ne Cy of San Cats codes ens acaromen ab wall 6s Projet Sacte Cortona of ‘Aero. ads is suet approve rough he Duking por oven erooees.
WELO Water Use Calculations
e Guage pone tse te ior agsmavoteaoata tun clsdsoe, ower eames ih NEL teens wa sys oe
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INDUSTRIAL
ROAD
Landscape Area Calculations Irrigation
eet Tal ancape A “The etre st ibe Fite ag ay subnets ssan an eniged ome TR Tatra ae Tr {he cays war Eien candsape Ordmance WELO), Th aon potty § Bovtaton Pte 1itet 95% be bwercume design using buble orp eiters wih he posit of some Sus and Groundcover: 60st 24M popup steam bubtors nay areas such as annual cob), Popup relator heads Nomergates Beet te {rit snare ip nigson may be ued fo tom wale stmt ae erie SI The syst il nce tne valves. ick cour, and gat valves, New Total Landscape Area T1Az7 sk 100% ——_gnon exes al oe Ho
Ranbir, Friel, equal a wl ms the WELO ‘acurements ofa ‘Smrt contri win an amete wean enor to agus the S201 Parca 91064 (2,0 avs) furtines ona daly bass fo respond reakirre weather condions. A compble 75_TRAESP Irigaton design wt ese parameters lle rove wn he mprverent As, Saw POs 8 _Lopcon Percentage of Parciin Landscape 12.5% Prebminary water use cautions to show that he pring and ragaton havo boot BE ox OL, ‘deg lo be comont with WIELO ae posed nt fer it corner ofthe sheet
; ing Lot Landscape A 9.06, 1. tigated un a8 a ndieaze element not proposed fr ary pat of hie TRE project, Syne wn is popoeed fr ry Subs ad Pap ing Lot ea eretoet ‘rUndcoves wl be grouped scooting propriate hycrozones and H ° Wilb ow or mou water use ea tre,
PercenageofPaninghtinLandscape 158% 2, The lgain systom wil be desoned to mest or exceed the (625 eficlency Patkng Lot Tee Requrement fe 3 95 required par the ys WELO standards.
Suse Poningaie~SCSC*~*~*~*~SSCS*~*«S«Ca cap aaa shal be erga witha pnt source ow vole thos ‘Sirace Paning sae o (ape mina Tees red Per 6 veh) 7 4 rioton conta wi uikzs muted carammg capabties and wl upped Patking Lot Teas Provided a ‘tor budgeting fstre andl als suppor a ran sx eves, 5, Construction documents wil saw a rypathetcal nigalonschesue based on Estimated Total ister Usage (ETWU) not excoecing the Masur Apres ise Alowance (AWA), Th eco wl shaw un res an eyes ot mort bass adjust fr evspotransporston rates n San Carbs, Cabo,
5, Mantanance scheduls wi bo ned a par of he constucton document Bay Friendly Landscape
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Existing Office
HOTEL
INDIGO
HOLLY HOTEL GROUP, LLC
Preliminary Planting Plan 10.5 ; Having Sed TOSS
HOTEL INDIGO SAN CARLOS, CALIFORNIA revit, NOMA Het
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December 11, 2023
Packet Pg. 70
Proposed Trees and Palm
HOTEL
INDIGO
‘Quercus coccinea
HOLLY HOTEL GROUP, LLC
Proposed Shrubs Proposed Vines
A gs oo 2 Sz a : 5
Carpenteria calfornica €hzabetht ‘Chondropetelum teciorum Lomondre longifofa Breeze! Rhaphiolepis umbellata ‘Minor! Trachelospermum iasminoides Esooliar Proposed Groundcovers
Carextumicola ~ Juniperus conferta Uiriope muscar
“Those ages proses th design sea ane of nésape desig nd antng. “Theat epee scone ao pr nary and my change fweugh he desan poses ‘Then peng lon may nt conta ft share print tens me show ‘stony come new pa spies maybe Ud a er. Tess mane weve nda otral rare ard conan of ong cei and elev [inascpe daveb it wl be cara gh nth nasi.
Fal lnaecapo dosgn sa est he Cy of San Cats code and eauromens ae wall as Pres Spore Condens of Apo. Fraleagn = mat spre veuon te ag pemtrova proce, Lomondra longifolia "Breeze" Ophiopagon planiseapus Nigrescens Plant Images L0.6 Trg Sond TORO
HOTEL INDIGO SAN CARLOS, CALIFORNIA Movirgtrandcsaeate’ LANDSCAPE
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Packet Pg. 71
A_- Site Cross-Section
Not to scale
Site Cross Sections
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Rooliop planting for storm wate filvetion and guest room Rooftop plenting fr storm water filration ond guest room Low planing in finder plone views ‘between parking sills ond ‘round columns
‘Accent landscape ot northwest ‘comer of sie = In gitonce {Guest room potas with privacy ‘Guest room patios with privacy sereons Planted occen! wall between Curved stairs fo the meeting . i = dade room patio yard and parking Planted occent wall beeen
Soe ees to match existing Terraced patos ond planters with stor woter treatment
Sidewalk ceuryord and parking lot blerene
Industral ood
Webco pking bt \ Vine covered sean wall
B_- Graphic Cross-Section From Industrial Rd. to Courtyard - Looking North C_- Graphic Cross-Section Through Courtyard Looking North “ew pone
Root planting for storm water firation ond quest room
Reotop planting for stom wate ilration
I ‘Guest room potios with privacy
Norrow uptight ees ot regular spacing
Curved vine covered sveen fence along the propery fine Norvow upright ‘accent ress Low evergreen planting in ring lot plontes Narrow upright porking lt porking lt ph shode trees
Vine covered screen well along: the property ne
Low evergreen planting in 2h : t 101 Frontoge prking lot planters Sidewol Sr reen penta ‘Jom wate vesinet poer compere urrd ond pring D_- Graphic Cross-Section From South PL to Courtyard - Looking West E_- Graphic Cross-Section From Courtyard To Freeway - Looking West
Site Cross Sections L0.8 RS HOTEL ouy nore erour, ue HOTEL INDIGO. SAN CARLOS, CALIFORNIA needa INDIGO n
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ABBREVIATIONS
DESCRPTION DESORPTION PRELIMINARY IMPROVEMENT PLANS
FOR PROPOSED
3 HOTEL INDIGO
APN: 046-090-430, SAN MATEO COUNTY
501 INDUSTRIAL ROAD, SAN CARLOS, CA 94070
ACINITY MAP
EXISTING
LEGEND
DESCRIPTION
PROPERTY UNE
AL AeA UT
cour EA usa
covrour
WATER UNE
STORM RAN PIE (S0L0)
SAUTARY SEWER PPE
SUBDRAN FE (PERFORATED)
(vera UTES WT POLE
aS Une
ELECTR UNE (UNDERGROUND)
ONT TRENCH (UNDERGROUND)
STREET UGK VAULT
SANTARY SEWER CLEANOUT
SANTARY SEWER MANHOLE
STORM ORANG NANEIOLE
SURVEY CTY MONUMENT
FRE HYORANT
WATER METER
TREE WT TRUNK
16° WOODEN FENCE
SPOT ELEVATION
(CURS & GUTTER & SIDEWALK
FLOOD ZONE INFORMATION [A FIELD SURVEY WAS NOT CONDUCTED TO DETERMINE THE FLOOD ZONE: ‘AREAS. ANY FLOOD ZONE LINES DISTINGUISHING BETWEEN. FLOOD [AREAS ARE GRAPHICALLY PLOTTED FROM FEMA FLOOD INSURANCE RATE MAPS (FIRM). & FLOOD ELEVATION CERTIFICATE MAY BE NEEDED 10 DETERMINE OR VERIFY THE LOCATION OF THE FLOOD AREAS. THE SUBJECT PROPERTY'S COMMUNITY DOES PARTICIPATE IN THE PROGRAM. IIS DETERMINED. THAT THE SUBJECT PROPERTY RESIDES IN THE FOLLOWNG "ZONE X with Levee & AE” AS DETERMINED BY OR SHOWN BY FIRM COMMUNITY PANEL NO. OS08ICO169G_AND 1S PARTIALLY INA SPECIAL FLOOD HAZARD AREA. THE FLOOD INSURANCE RATE. PROGRAM WAS CONTACTED BY WEBSITE. (WHALFEMA.COV).
BASIS OF ELEVATIONS
ELEVATIONS SHOWN HEREON ARE DERIVED UPON A FOUND CITY OF SAN CARLOS BRASS DISK AT THE NW CURB. RETURN ON INDUSTRIAL RD. & HOLLY ST. HAVING AN ELEVATION OF 9.13" AND JSON NAVDGE Darou.
STANDARD SITE GRADING NOTES
1. ALL GRADING IS. SUBJECT TO OBSERVATION BY THE cy, CONTRACTOR SHALL NOTIFY THE CITY AT LEAST 48 HOURS BEFORE ‘START OF GRADING.
APPROVAL OF THIS PLANS APPLIES ONLY TO THE EXCAVATION, PLACEMENT, AND COMPACTION OF NATURAL EARTH MATERIALS. THIS APPROVAL DOES NOT CONFER ANY RIGHTS OF ENTRY TO EITHER, PUBLIC: PROPERTY OR THE PRIVATE PROPERTY OF OTHERS. APPROVAL OF THIS PLAN. ALSO DOES NOT CONSTITUTE. APPROVAL OF ANY INPROVEMENTS. PROPOSED. MPROVEVENTS. ARE’ SUBJECT TO REMEW AND APPROVAL” BY THE RESPONSIBLE AUTHORITIES AND ALL ‘OTHER REQUIRED PERMITS. SHALL SE OBTANED.
3. IT SHALL BE THE RESPONSIBLITY OF THE PERMITTEE TO IDENTIFY, LOCATE” AND PROTECT ALL UNDERGROUND. FACLITES.
THE PERMITTEE SHALL MAINTAIN THE STREETS, SIDEWALKS AND ALL OTNER PUBLIC RIGHTS~OF-WAY IN A CLEAN, SAFE. AND USABLE CONDITION. ALL SPILLS OF SOL, ROCK OR CONSTRUCTION DEBRIS ‘SHALL BE. REMOVED THE PUBLICLY ONNED PROPERTY DURING ‘CONSTRUCTION AND UPON COMPLETION OF THE PROECT. ALL [ADJACENT PROPERTY, PRIVATE OR PUBUC SHALL BE MAINTAINED IN CLEAN, SAFE AND USABLE” CONDITION. ‘5. THE CIVIL ENGINEER, SMP ENGINEERS, LOCATED AT 1534 CAROS LANE, LOS ALTOS, CA 94024, HAS DESIGNED THS PROJECT TO ‘COMPLY. WITH THE GRADING RECOMMENDATIONS IN THE PRO.ECT ‘GEOTECHNICAL INVESTIGATION REPORT. 6, ALL GRADING SHALL CONFORM TO THE APPROVED SPECIFICATIONS. ‘PRESENTED HEREON OR ATTACHED HERETO, THE SOL ENGINEER ‘SHALL BE NOTIFIED. AT LEAST 48. HOURS BEFORE GEGNNING. ANY ‘GRADING. UNOBSERVED AND’ UNAPPROVED GRADING WORK SHALL BE REMOVED AND REPLACED UNDER OBSERVATION.
CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILTY FOR JOBSITE CONDITIONS DURING THE. COURSE OF CONSTRUCTION OF THE PRO.ECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY: THAT THIS REQUIREMENT SHALL APPLY ‘CONTINUOUSLY AND NOT LMITED TO. NORMAL. WORKING HOURS! “AND TWAT THE CONTRACTOR SHALL DEFEND, INDEMNEY, AND HOLD THE QUNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LABILITY, REAL O8 ALLEGED, IN CONNECTION TH THE PERFORMANCE ON WORK OF THIS PROJECT, EXCEPT FOR ABILITY ARISING FROM THE ‘SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
INTHE CASE OF CONFLICTS, THE REQUIREMENTS OF THE EARTHWORK SPEGFICATIONS PREPARED FOR THIS. PROJECT @Y THE SOL ENGNEER SHALL COVERN OVER THE’ REQUIREMENTS OF THIS PLAN AND THESE NOTES. 1 A REASONABLE EFFORT HAS BEEN MADE TO LOCATE AND OELINEATE ‘ALL KNOWN UNDERGROUND. UTIUTIES. THE. CONTRACTOR IS CAUTIONED THAT ONLY EXCAVATION WILL REVEAL THE. TYPES, EXTENT, SIZES, AND DEPTH OF_ SUCH UNDERGROUND UTLITES. ‘SUP ENGINEERS CAN ASSUME NO RESPONSIBIUTY FOR THE COUPLETENESS OR ACCURACY OF ITS DELINEATION OF SUCH UNDERGROUND UTILITIES AS SHOWN (ON THE. PLANS IS_ APPROXIMATE, ‘ONLY AND THE CONTRACTOR SHALL CONTACT THE RESPECTIVE UTILITY COMPANIES. TO OBTAIN INFORMATION REGARDING EXACT DEPTH OF GURIAL AND HORIZONTAL LOCATION. OF UTILITY UNES PRIOR TO PERFORMING GRADING OR UNDERGROUND CONSTRUCTION, THE CONTRACTOR SHALL MAKE” THE NECESSARY PROBES TO IDENTIFY AREAS OF POSSIBLE CONFLICT WITH PROPOSED ‘CONSTRUCTION. THE CONTRACTOR SHALL CONTACT "UNDERGROUND SERVICE ALERT”
uITY NOTES:
LUMUITY POINTS OF CONNECTION ARE s' QUTSDE OF BUILDING. PLUMBING DRAWINGS FOR UTIUTY. CONNECTION. CONTRACTOR SHALL BE RESPONSIBLE FOR THE VERIFICATION OF LOCATIONS OF ALL EXISTING UTIUTIS IN THE FIELD. ALL CONTRACTORS. SHALL CALL U.S.A. (1-800-227-2600) ‘48 HOURS BEFORE DIGGING AND OBTAIN AN IDENTIFICATION NUMBER.
COORDINATE UTIITIES SHOWN ON THESE SHEETS WITH INSTALLATION OF ELECTRICAL, TELEPHONE, CABLE TV AND GAS. COORDINATE WATER LINE CONNECTION WITH CALFORNIA WATER COMPANY PRIOR TO CCOKNECTION TO WATER SYSTEM. 5. FOR GAS AND ELECTRICAL LOCATIONS, SEE POME MAPS.
6. ALL UTIUTY TRENCHES SHOULD BE BACKFILLED WITH COMPACTED FILL IN. ACCORDANCE WTH LOCAL REQUIREMENTS OR THE RECOMMENDATIONS IN THE SOLS REPORT. FILL MATERIAL, ‘SHOULD BE PLACED IN LIFTS NOT EXCEEDING & INCHES IN UNCOMPACTED THICKNESS. AND ‘SHOULD BE COMPACTED TO AT LEAST 90 PERCENT RELATIVE COMPACTION (ASTM D~1557, LATEST EDITON) BY MECHANICAL MEANS ONLY, EXCEPT WHERE LOCAL REQUIREMENTS SPECIFY HIGHER REQUIREMENTS. IF IMPORTED SAND IS USED AS BACKFILL, THE UPPER THREE FEET IN BUILDING AND PAVEMENT AREAS SHALL BE COMPACTED TO 95 PERCENT. THE UPPER 6 INCHES (OF BACKFILL IN ALL PAVEMENT AREAS SHALL BE COMPACTED TO AT LEAST 95 PERCENT RELATIVE (COMPACTION. SANITARY SEWER PIPE SHALL BE PVC _SOR26 OR GETTER FOR ON SITE LINES. STORM DRAIN PIPE SHALL BE MIN. 12° REINFORCED CONCRETE PIPE (UNLESS OTHERWISE SHOWN), 18 SANITARY SEWER SERVICE SHALL BE 6” PVC AT MINMUM SLOPE OF 1% OR 4” PVC @ MIN. 2% OR 8" PVC AT MIN. 0.5%, AS NOTED ON PLANS, WTH CLEANOUT AT BENDS. 19, WATER MANS, SERVICES, METERS, FIRE SERVICES SHALL BE PER CITY STANDARD DETAILS,
10. THE CONTRACTOR IS RESPONSIBLE TO HAVE ALL INSTALLATIONS INSPECTED AND APPROVED ‘BY THE RESPECTIVE UTILITY COMPANY, MUNICIPALITY, OR SOLS ENGNEER PRIOR TO ANY BACK FILLING. (48 HOUR NOTICE), 11, CONSULT PARTICPATING UTILITIES, SOILS ENGINEER, ANO THE CITY FOR APPROVED BACK FLL MATERIAL. COMPACTION TO NEET'LOCAL AGENCIES’ REQUIREMENTS. 12, THE CONTRACTOR IS RESPONSIBLE FOR COORDINATION OF CONSTRUCTION WITH THE RESPECTIVE UTILITY AGENCES, ALLOWING 48 HOURS PRIOR TO THE NEED FOR INSTALLATIONS, 13, ALL TRENCHES, CONDUITS, AND BOXES ARE SHOWN SCHEMATICALLY. 14, CONTRACTOR TO VERIFY ALL INVERTS AND LOCATIONS OF UMILITES PRIOR TO CONSTRUCTION, 15, ALL WORK FOR STORM AND SANITARY INSTALLATIONS SHALL BEGIN AT THE DOWNSTREAM CONNECTION POINT. THIS WILL ALLOW FOR ANY NECESSARY ADJUSTMENTS TO GE MADE PRIOR TO THE INSTALLATION OF THE ENTIRE LINE. IF THE CONTRACTOR FAILS TO BEGIN AT THE DOWNSTREAM CONNECTION PONT AND WORK UPSTREAM, HE SHALL PROCEED AT HIS OWN RISK AND BE RESPONSIBLE FOR ANY ADJUSTMENTS NECESSARY
SEE MECHANICAL AND
16. ALL DISTANCES AND PIPE LENGTHS ARE HORIZONTAL AND PIPE LENGTHS ARE MEASURED FROM CENTER LNE. OF ‘STRUCTURE. 10. CENTER LINE OF STRUCTURE UNLESS OTHERWSE NOTED ON PLANS. 17, REFER TO ARCHITECTURAL AND STRUCTURAL PLANS FOR BUILDING DETALS. 18, REFER TO LANOSCAPE PLANS FOR SITE FEATURES FINISH MATERIAL, PLANTING AND IRRIGATION, 19, REFER TO PLUMBING PLANS FOR STORM DRAINAGE AND SANITARY SEWER WITHIN. BUILDING.
EARTHWORK TABLE
COVER SHEET, NOTES
C-2 EXISTING CONDITION PLAN/ DEMOLITION PLAN
C-3__ PRELIMINARY GRADING AND DRAINAGE PLAN 4 COURTYARD GRADING AND DRAINAGE PLAN STREET WIDENING DIMENSIONS, INDUSTRIAL ROAD (+5 CONCEPTUAL UTIUTY PLAN
0-8 STORMWATER CONTROL PLAN NOTES
C-7—PRELMINARY STORMWATER CONTROL. PLAN
(C-8 STORMWATER CONTROL PLAN DETAILS
C-9 CROSS SECTIONS, DETAILS
C-10 EROSION CONTROL PLAN
C-11 EROSION CONTROL DETAILS.
C-12 CONSTRUCTION GEST MANAGEMENT PRACTICES (BMP'S)
GEOTECHNICAL REVIEW:
‘GRADING AND DRAINAGE PLANS SHALL BE REVEWED AND APPROVED BY THE PROUECT GEOTECHNICAL SOILS ENGINEER. CEOTECHNICAL/ SOILS ENGINEER TO PROVIDE AND FURNISH LETTER OF APPROVAL TO CITY.
GEOTECHNICAL ENGINEER OF RECORD
THIS PLAN HAS SEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE. \WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT PREPARED BY. DATED ace one
ENGINEERS CIVIL ENGINEERS
‘omen DEVELOPER: Hoty Hote Group. Uc 281 Hedng Stet, Sate 103 Son eae, Caifeio 95126 “SP ENONEERS
Planning Submittal 10-09-2020
501 INDUSTRIAL ROAD, SAN CARLOS, CA 94070
COVER SHEET, NOTES
FOR
PROPOSED
HOTEL
INDIGO
PRELIMINARY IMPROVEMENT PLANS
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EARTHSWALE 10, ALL WORK. FOR STORM ANO SANITARY INSTALLATIONS SHALL BEGIN [pmicmrnow Locancn 1d tea OR TaN tne AS BETAS a nin Somers Ce FONT Ms Ae lear doy ec open oR MAP OE ag papnnnnninMEEE OAc rg ey igh ekg CO(ERED Pum I NOTE TO CONTRACTORS eae [serene en pone Seer Sn Pree sO er enmaene comcra poet sn, emeane vo « ) RESPONSIBLE FOF \DJUSTMENTS NECESS/ a Soe ey Ae 20 a a rs emo RB Pa sau OSTaGES Mo PE LENGTHS AEE HOREOKTAL Mo Pe eae - A aatuss oo,ore sues Pat tc Pe Scoptan Grease ate tein met vse on a ete A SOM CORA ra “ad 12, REFER TO ARCHITECTURAL AND STRUCTURAL PLANS FOR BUILDING [incase mee Checked bye . ono wi} (6) TREE TO GE REMOVE 13. REFER TO LANDSCAPE PLANS FOR SITE FEATURES FINISH 220007 Down-seour
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[orc err corr po [SRE PRMEY MLSE Te “SSSR ORT—— TESTA TE OF HC TRAIEAS ROCIO |) BARTHWORE QUANTINES ON THs TABLE ARE FOR RECAMATION ONLY (CONTRACTORS ARE TO PERFORAI THER OVA QUANTITY TAKE OFFS.
FOR PLAN CHECK REVIEW
NOT APPROVED FOR CONSTRUCTION PLANING SUBMITTAL 10/09/2020 PLANING RESUBMITTAL 08/06/2021 DRAFT EIR MEETNG UPDATED DRAWNGS 08-09-2023
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fF PRO ano (0 BF esc) 4 UF APPR. PVE SOH-40 @ 05, 0, ‘a 10 WY 780 [7-46 i= 4 PRE, PC SOHO @ 05k 2 uFs 6 Pre soH-ta 0 053\(TP)
Bw eRe (wy) 737 BV EPH 12? Nog iso BV ¥C (n) 727 Inv & Pv (O07) 08 oven tee PER. (n) Ine Pe (Ou) i, 8 > 6° PVC SOH-40 @ 0% AUER ny 4 BER) 937 Inv 6 Pu (cut) 3.2,
24 UF 6 PHC SOH-K0 01 2 RON a foo wv 7
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ete INU PRE 0) 750, I ve (OU 0
GRAPHIC SCALE
0 Ufe 4” PERE, PAC SaH=40 @ 05%
SS RAN W/ EP VEN ‘eno 00 ew 1080 NV S77
es WY 290 co bear 5° Oe Oe (lp st pve 7.00 WW 5" WORE (W028 INV 15° HOPE (OUT) 62 26 UF 18" HOPE @ 0% RRQ (7 UF Pe RST 0 Ly wr (755, Inv Be (ol) 28
su far'igo
08 a i INV 18° HOPE (0, 613 INV 4° HOPE (OUT, SW) 4.30
(09 eTenTon Pe (W105 UF 4a" HORE @ 018
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nl 8 mes 50 wens oemge o sconor sre 2 : (ree take w one MVE FI (Ct) 708 St Ste ieme mane INV VC ON, TRASH EvLOSUR) 5.0 IY 6° CAST RON (4, URDNG) 5.00, Inv & PVE (OUT) 88. (ee pbs)
4 BR) 122 nv 6" Pie (a
PLANING SUBMITTAL 10/09/2020 PLANING RESUBMITTAL 08/06/2021 DRAFT EIR MEETNG UPDATED DRAWNGS 08-09-2023
ENGINEERS CIVIL ENGINEERS
i ‘omen DEVELOPER: Hoty Hote Group. Uc 281 Hedng Stet, Sate 103 Son eae, Caifeio 95126 “SP ENONEERS
FOR
PROPOSED
HOTEL
INDIGO
Planning
Submittal
10-09-2020
501
INDUSTRIAL
ROAD,
SAN
CARLOS,
CA
94070
CONCEPTUAL
UTILITY
PLAN
PRELIMINARY IMPROVEMENT PLANS
7.e
December 11, 2023
Packet Pg. 78
ACTMIMES FOR BIORETENTION AREAS ROUTINE WANTENANCE TABLET ACTIVITES FOR FLOMLTHROUGH PLANTERS. ‘ROUTINE WAINTENANCE
WARTENANCE TASK. FREQUENCY OF TASK MANTENANCE TASK. FREQUENCY OF TASK RENOVE OBSTRUCTIONS, 5 AND TRASH FROM BRETENTION AREA AND FSTILETS| AND OUTLETS; AND OISPOSE OF PROPERLY, (QUARTERLY, OR AS NEEDED AFTER [STORM EVENTS INSPECT THE PLANTER SURFAGE AREA, RAETS ANO OUTLETS FOR OBSTRUCTIONS AND TRASH LEAR ANY OBSTRUCTIONS AND REMOVE TRASH ‘QUARTERLY hisPEcT SIORETENTION AREA FOR STANOING WATER F STANDING WATER DOES NOT ORAN WIT®V 2-9 DAYS, TILL AND REPLACE THE SURFACE BIOTREATNENT SOK. WITH THE APPROVED SOL MIX AND REPLANT, QUARTERLY, OR AS NEEDED AFTER [STOR EvENTS
OR STANDING WATER. IF STANDING WATER GOES NOT DRANWEFIV 28 ‘SURFACE BIOTREATMENT SOL SHOULD Be TRLED OR REPLACED ITH THE 'SOL Mix AND REPLANTED. USE THE CLEANOUT RISER TO CLEAR ANY UNDERORANS (OF OBSTRUCTIONS OR CLOGGING MATERIAL. ‘QUARTERLY
[CHECK UNDERDRARS FOR GLOGEING,USE THE CLEANOUT ABER TO CLEAN ANY OX LNDERORANS, GED (QUARTERLY, ORAS NEEDED AFTER STORM EVENTS ED BIOTREATIENT LANT VEGETATION AS NECESSARY, SEDI LEVEL SOL WT RAKE AND ‘QuaRTERLY WaQTAB THE RIGATION SVSTEN AND ENSURE THAT PANTS ARE AMOUNT OF WATER F APPLICABLE INNG THE CORRECT lousrrenvy AINTARVTHE VEGETATION AND RRIBATIDN SYSTEV, PRUNE AND WEED TO WEEP LOWsTHROUGH PLANTER NEAT AND ORDERLY RU APPEARANCE. ‘QUARTERLY
ENSURE THAT THE VEGETATIONIS HEALTHY AND DENSE ENOUGH TO PROVE FLTERING AND PROTECT SOKS FROM EROSION, PRUNE AND WEED THE BIORETENTION AREA, REMOVE ANDIOR REPLACE ANY DEAD PLANTS,
THE WET SEASON EVALUATE HEALTH AND DENSITY OF VEGETATION, REMOVE AND REPLACE ALL DEAD AND ED VEGETATION REMOVE EXCESSNE GROWTH OF PLANTS THAT ARE TOO CLOSE
Se ComPosT AND OTHER NATURAL SOL. AMENOMENTS AND FERTRIZERS INSTEAD OF SYWTHETE: FERTE ERS, ESPECLY F THE SYSTEM USES AN UNDERDRAN, THE WET SEASON USE COMPOST AND OTHER NATURAL SOR. AMENOVENTS AND FERTRDERS NSTEAD OF SYNTHETIC FERTIIZERS,ESPECHLLY F THE SYSTEM USES AN UROEROAAN, ANNUALLY, ‘SEASON BEGINS CHECK THAT MULCH B AT APPROPRIATE DEPTH (2=3 INCHES P REPLENISH AS NECESSARY BEFORE WET SEASON BEGINS. TIS AREOR MULCH BE REAPPLIED EVERY YEAR, SOIL SPECIICATIONS) AND COMMENDED THAT 7 = OF THE WET SEASON LEANOUT ISER TO CLEAR UNDERORARS OF O&STRUCTIONS OR CLOGGING MATERIAL, ANNUALLY, BEFORE THE RAN ‘SEASON BEGINS
NSPECT THE ENERGY OSSPATION AT THE FILET TO ENSURE ITS AND THAT THERE IS NO SCOUR OF THE SURFACE MULCH, REMOVE: INCTENNG ADEQUATELY, {CUAJLATED SEONENT, THE WET SEASON INSPECT TEEN [AND THAT THERE SEOWENT, SV OBSPATOR AT THE RLET TOENGUREN B FINGTIONNG ADEQUATELY, NO SCOUR OF THE SURFACE MULCH. REMOVE ANY ACCUMULATION OF
INSPECT AND, F NEEDED, REPLACE WOOD NULCHIT B RECOMMENDED THAT PTO OF COMPOSTED ARBOR MULCH 3E APPLIED ONCE AYEARL "ANNUAILY, BEFORE THE RANT
OPERATION AND MAINTENANCE INFORMATION:
1A PROPERTY ADDRES: SOU NOUSTRAL OHO,
BENET. UNOSCARNG.
ANTUNCE (PAIMENT SHEEPNG, CATCH BASH CLEANING, cO00
STORM BRAN LABEL
‘CONNECT THE FELLOWNG FEATURES TO SANTARY SEER: COVERED TRASH RECYOUNG ENCLOSURES. TERR PARKING STRUCTURES.
NeUSEEEPNS)
BACs, cA 9070
Hoy HOTE Gwe, Ue
1A. CONTACT cc Ww
REPLACE E)OTREATHENT SOL AND MULCH. F NEEDED, CHECK FOR STANONG WATER STRUCTURAL FALURE AND CLOGGED OVERFLONS, REMOVE TRASH AND DEBRIS. REPLACE DEAD PLANTS.
THE WET SEASON INSPECT SYSTEM FOR EROSIDV OF BOTREATWENT SOE EDR, LOSS OF NULGH, STANONS \WATER, CLOGGED OVERFLOWS, WEEDS, TRASH AND DEAD PLANTS. IF USING ROCK MULCH, (CHECK FOR’ OF COVERKC "ANNUALLY AT THE ENO OF THE RAINY SEASON ANDIOR AFTER LARGE STORM EVEN
INSPECT IORETENTION AREA USING THE ATTACHED NSPECTION CHECKLBT, ANNUALLY, BEFORE THE WET SEASON INSPECT SYSTEM FOR STRUCTURAL INTEGRITY OF WALLS, FLOW SPREADERS, ENERGY OISSPATORS, CURE CUTS, OUTLETS AND FLOW SPLITTERS, "ANNUALLY AT THE END OF THE RANT SEASON ANDIOR AFTERLARGE STORI
‘STANDARD STORMWATER CONTROL NOTES:
Tewari WEASIES FOAL WORE TAN FIVE OAYS TO PREVENT MORRITO OR CONTACT SwFORMATION FOR That LOW
AABOROPNBATE TIME OF YEAR PROVIDE NOLOUATE RREGA TION POM AMOSCAPE PLANTS: JO NOT OVER WATERY
TREATMENT CONTROL MEASURE SUMMARY TADLE
‘oo wo PHONE MANGER OF CONTACT
‘STE DESIGN MEASURES.
8 UNOSCHAING
[PROTECT EXSTNG TREES, VECETATIN, AND SO PRESERVE OPEN SPACE AND NATURAL DRANAGE PATTERNS. REDUCE BASING MPERVOUS SURFACES. (CREATE EN PEROUS MEA:
RECT UNOFF FROM RECS, SDEWALKS, PATOS TO LANDSCAPED
‘LUSTER SRUCTUES/PAYEUENT PUNT TREES ADAG TO ANDI PARKRG AREAS AND ADIACOT TO MER WPERWDLS AREAS. Pare OW TOP OF oR NOR BUKOINGS NOT PROVED I EXCESS OF CODE 1 ‘0 OSE, O95 2
‘STDRMWATER TREATMENT MEASURES.
3. INTERCEPTOR TREES.
FLOW-THROUGH PLANTER, LINED, WITH UNDERORAN. 'BIO—RETENTION BASIN, UNED WITH UNDERDRAN,
PROJECT SITE INFORMATION:
4. soxsrire,__0 (StrY cu)
4 owowntenoevni:_7 FT. 8 FT AT OS TABLE
2 MMM oF REHM BODY, PHELPS S.OUDH, FOLONS TO BAY
4 rlooozoverenveL#_1 MT LEME AE, PANEL NO. oBtCOEHE
Floopeusvanbu gr apeucanie; N/A
DMA #) Tcm# | Loeaban Tiabment Type Por Daiail
Shest No.
4 T T T 1 } ineeriour
Panos
Aiea (Permestie
Pavemant)
sf)
| Drainage
Biang Muthod | Awa Area
) ob th)
I |
T Penious T Area Equevalant |
impervious |
Ares
fot)
Parvious
Ama
1S)
fof)
|% Onsite Area! “*Teatnent
eee eeknent | Teaneck Area | Traind by | Ama | Talent Ay |
DMA Total
Elective Impervious,
Aon
ist)
LID or Now | Reauired LOTCM | (ot) any
[Riser Height
[nn at Interceotbr Tees
Provided
{Qty.)
Area oF
Tree
Credit
Required
et)
owt Araa of
Provided ny ps
Tree Credit
| |
k I Finw ‘Thenagh plarinr ined” wi undeedrain
Flow Thfouigh planter lined* w! underdrain joTarea jom3/o-8 2G
20. Flow 496 Methad
Tow. 4% Method “*
A087 3087
12.981
‘S087
42,901
338%
14.25%
122
519
123
4.130
Plow Through planter tined™ wi underdrain. [DIL a/c 2C. Flaw: 4% Method == 1824 1424 178M 0S wr Fiove Through planter lined” wi underdrain OTL S/G.8 26 Flow 4% Method ** 5675 | | t t t B675 10.62% 387 552
Flewe Through planter lined* w! underdrain [OTR 4/O-8 ac. Flow: 4% Methed “* 2.200 2.200 320% 120 140 Bioretantion ined” w/ underdrain
Bloretenvon ined’ wi underdrain
joLerce 26.
ome ic-8 26.
Flow: 4% Methed =
Flow: 4% Method “*
BBB
aso
5644 473 6.75%
O7S%
226
i3
234
2a
Bioretenbon hvod” w/ underdiain lon o7ca 2C.
leo]
—+ on lend
[aces
Bioretention lined® wi underdrain |DTLSIC-B 2
Flow. 4% Method 7400 7110 7.97% 205 295.
Cav fow. jethod " 2,982 2,738 3.27% 110 120.
Bierowndon ined? wi underdrain jon 6/ce 2c Flaw: 4 Mathad ** 4.007 3.885 3.870 4a0t 198 156 Bicrelention ined” w/ urderdrain jpTL Bice 2G. Flow: 4% Method =| 4,027 3,628 3,688 442% 147 156 Bloretention ined* wi underdrain lon ci6-8 20. Flow: 4% Method “= 2641 2591
2.016 312% 105, v7
iiuretesiicns Gems” wi ureleercvaine
Bioretenton ined* wi underdrain
ipTL a/c 26.
long ics 26. 4750
1,333
3.580
Flow: 4% Mathod “* 1338
‘3,687
1358
522%
1.68%
188
54 180
so
|
ny ENGINEERS CIVIL ENGINEERS
Lee toe tsa i ‘omen DEVELOPER: Hoty Hote Group. Uc 281 Heddng Steet, Sue 103 Son eae, Caifeio 95126
‘SP eNO PRELIMINARY IMPROVEMENT PLANS
FOR PROPOSED HOTEL INDIGO
Planning Submittal 10-09-2020
501 INDUSTRIAL ROAD, SAN CARLOS, CA 94070
STORMWATER CONTROL PLAN NOTES
Bioretenbon hned” wi underdrain jlonece 2c. Flow: 4% Method "= | 2.707 2.507 2.599 297% 104 110) Bioretention ined wi unederdrain jm aca 26. Flow 4% Method 2828 23d 2Bas 321% na 11 Bioretenton ined w underdrain JOT 6/ 6-8 20. Tlow. 43% Method ** 2922 2.590 2.999 521% 114 123 Bioretenton ined” wi underdrain Binretention linsd* wi undardrain jOTL6/cB 2c JOT. 6iCs 2c Flow. 4% Method = Flow 4% Method ** 1424 ayTi 1,470 7260 1428) 6.820 1.61% TAaT% oF 273 a7 298 a wale] le: ox) ayo] || || oo] o|erleo
Bioretenbon hned* wi underdrain fom 670-8 26. Flow. 4% Method = 7.504 7498 7.505) 8.31% 300 825 o
Interceptor wes INA NA 1573 122 Frid 1.73%
jpenteable five placed un the but uf retailion basin os a comets Plow-Thwough Plsrtes,sunts thst " Sizing for Blorstenton Area Required calculated using the 4% Method (Imparious Area x 0,04) " Por Chapler 2.3 of the CS Stormwater Handbook Roadway projects that add new sidewalk along an existing roadway are exempt trom Provision C.3.c of the Municipal Permit
alolel> clelalc|a|alolalelajcla alolo|elolo
Totais;| 01,060 86.231 86814 10.00% 3785
(ites inks vetlive sil aucun PLANING SUBMITTAL 10/09/2020 PLANING RESUBMITTAL 08/06/2021 DRAFT EIR MEETNG UPDATED DRAWNGS 08-09-2023
(08/03/2023,
NTS
vs. necked ye
7.e
December 11, 2023
Packet Pg. 79
resus sez oevcanon| | NEW SIDEWALK & STREET WENN ROADWAY PROVECT Per Chapter 2.3 of the C3 Stormaner Hodhesk Roowoy projects tot 3d new sew Jeeg on exstg roatvay oe INT
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>
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sys
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Tou 10 156 SF BIORETENTION AREA DML 6, SHT 0-8
DETENTION PIE W/ METERED OUTLET OM 6, SHT C-9
26 & Ac aac Sauls
2A DIL 6, SHT-C-8
Tow tt 156 SF BIORETENTION AREA DIL 6, SHT 0-8 cveion (ri) SEE BORETENTON nak me snes Tew 18 37 SF
TABLE Z
[cers Orca bow neni Pass!
D1 FeRvioUs ae a
SIORETENTION AREA On 6, SAT C-8
DMA 18, AIO SE 408 tc 16 its Sinus
Sits
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ers
46 U8 ‘une crenne (1) Dhz, ST C-8
Tou 16 121 SF ‘IORETENTION AREA OTL 6, SHT 0-8
uA 16, 2906 SF,
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4s Ys 6 Cs Sus.
eet Fie
Ti Se
GRAPHIC SCALE Ey ”
ae acs STAs
Samco) W vues to Dut a
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‘BIORETENTION: AREA On 6, SHI 6-8,
PLAN 20°
LEGEND
STORM ORAIN JUNCTION 80x (wate ‘PROOF LID) INLET. / SUBBLER (OPEN orate Ud) ‘DMA F wun crc waver 10) TE
Fee eu (meAME onl SE) we [AREA DRAIN/ OVERFLOW
4° PERFORATED PPE > OVERLAND RELEASE PATH OVERFLOW INLET
WW RANICE PATH
—sp—=—— sromu oRAN PIE (SOLD) cuge OPENING aN EROSON CONTROL COBBLES —SUD-e— SUBDRAN PIPE (PERFORATED) voune) rarepag mes DOWN SPOUT ©, (tod SF TREE CRED CLAMED FOR EACH) Tow ie 80 SF ‘BORETEON_ AREA ON 6, SHTC-8. 18 F US
“
ABs Abou
Satay SEVER Dean (600)
HATCH KEY
LONG ROOF/ COVERED BALCOWES (weervous)
CONCRETE PAVEMENT/ DECK/ WALKWAY (WPERVOUS)
29 PAVEMENT (WEERVOUS)
LUNDSCAPE AREAS (PERVOUS)
[HORETENTON AREA. OR PLANING SUBMITTAL 10/09/2020 FIGHTER PANES, PER PLAN PLANING RESUBMITTAL 08/06/2021 W/ NPERMOUS UNER (MPERVORAFT EIR MEETNG UPDATED DRAWINGS 08-09-2023 15103 Es
SnNnt.
ENGINEERS CIVIL ENGINEERS
‘ee (enoy st toss Fai (68 Stic
‘OmeR/ DEVELOPER: Hoty Hote Group, Ue 1991 W. Heng Set Sate 103 Son ose Clernio 95126
“SP ENONEERS
FOR
PROPOSED
HOTEL
INDIGO
Planning
Submittal
10-09-2020
PRELIMINARY IMPROVEMENT PLANS
501 INDUSTRIAL ROAD, SAN CARLOS, CA 94070
PRELIMINARY STORMWATER CONTROL PLAN
7.e
December 11, 2023
Packet Pg. 80
uo No WERE NEXT 10 PROPERTY UNE ant Te,
MN wrt ac, cma ne SEEN SS, wees oy Bateahee Teed FS OA ine abe ov pedeehhas ot ear soit a yx rt Cae Eee at woe Woe 6 arma fue unt Hers sean ag Erohiteip acer inenttee PAS oe es oe hc wou rng cm 0? atm fu ¢ wou wrt com of orcas Ne Cr ee Se ee ENGINEERS Saree a Snore as are Siviy ENGINEERS us ‘CLEANOUT OMRISTY VIZ ‘CLEANOUT CHRISTY VIZ = 1 sie store Wop AT Ce APPROVED EQUAL ‘uns oreNNG n/-cop at | [ OC APPROVED EQUAL CURB OPENING | ‘3 MAK, FINISH GRADE ‘OVERFLOW RISER (SEE DETAL 2 THIS SHEET AND FG GRADE TO MATCH EXISTING PER PLAN —————} FINISH GRADE. OVERFLOW RISER (SEE DETAIL 2 BELOW AND oon Se es aR on (SE a2 ea eee aie, soe wa asin joo by wont ae cee ine . ino Fake (G8) Sere, suey ! sere ae “SOL MIX (BSW) ts: 4 ma sireet
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wroaciae ver J wee BE cei st pce coeur Sem cas & face cous Senco & TZ MIN OF CLASS 1 FMEA a [NATIVE SOIL FOR EROSION: CONTROL ‘1Z" MIN. OF CLASS Il PERMEABLE ROCK —F ‘SOL FOR EROSION CONTROL ‘coPYRIGHT (@) 2020 AMS ESO SIN vam AERA. a SL cee trowus wee Seo one Fert Pe * SENS nf oe Sie So es sod a= Fm PERFORATED PIPE (SLOPE AT 0.50% ‘SIZING METHOD PERFORATED PIPE (SLOPE AT 0.50% ‘SIZING METHOD (WIN) W/ PERFORATIONS DOWN. SEE ‘SOU OVERFLOM PIPE (WIN) W/ PERFORATIONS DOWN. SEE OVERFLOM PIPE oO at ee ek 1” Mat eh ek 1” 5
$ Zz
BIORETENTION BASIN W/ LINER WITH SIDE SLOPE BIORETENTION BASIN W/ LINER WITH SIDE CURBS NEXT TO PARKING LOT 2, 2 2 [FS GRE NOCATES TOP OF A 2ao0a a ; Note 1: STORM DRAINS LABEL NOTE as | { ac wo, te ALL NETS, ANO AREA ORANS SHALL BE LAGELED WN STENDL "NO CUNPNE, FOLLOWS TO BAY Z¥g 5 em pment we Sea sic ASSSASETE WO MOEA DOM, uA BEA 235014 oxse ws ~ | gwen /- ees BEY Ds aasgg uss wow, Yog Rencraon WL OTP HEAVY DUTY Fea m9 sso ccs | " 5 Sein St hte Re-casr oupisry BAT UD (WATERPROOF) Yo og ee eens — ne FEST ET es On29 ae ree et ome ee aps mg la g es Bx 2 FE se eeace aza2 am, spn cone e eal =z 02° BELOW DOMNSPOUTS FOR uw Ss a, osine Or ong SESE So8qg= soaane AF APTS seminar = Oa Qe afetagouss meats | om us REE oe zo 2giF 17" wn. ' ‘DOWNSPOUT IS LOCATED THN c TMOREASE WIN SOE OF Pee, ulna otk Pe Ihe ON aust PUNTER ee =< cna on Soc commer saat aoe co ha eae ZaEds PERFORATED PPC (ORC AT ‘0% OF PE ‘He DoMPOUT 10 ENE Sa ‘30% un) W/ PsFORATONS PERFORATED PP (LE AT FRoreR DsTROTON 2a = om Se Fa om Le 0% UN) W/ PERFORATIONS STewnATER OER TE ERE sJockle ncn Md 3 SECTION Xx SECTION V-¥ pe oO SING METHODS: “SING - METHODS: e B 5 FLOW-COMBO OR BUILDING DEP. FLOW-COMBO z % a 3
FLOW-THROUGH PLANTER (ABOVE GRADE) FLOW-THROUGH PLANTER (BELOW GRADE) STORM DRAIN JUNCTION BOX (SDJB) 12 cuRisry Box ‘yesrREa INSTAL. 4” MIN OVA, APPROVED [store Tenmion Pon WM CHEN GRATE BRE DRAIN Coane O.2'rter avon cone INSTA 24° MOE, APRON ‘SEE'PLIN WoW FOR LOCATION Siete ear fa LEVITON 2 ‘ VARS See sume cone & cuTien ‘cuRe OPENING, 0.2’ DEPRESSED PROPS one FENCE FER L/S PLANS:
‘SECTION VIE N_ VIEW
16 in, IMPERUEABLE LNeR TE" ian. FoR ln Tt
ALONG VERTICAL EDGE pLace ceorexTUe ‘cTwEN COBRLES ae ATIVE’ SO FOR EROSION CONTROL 2 ROWS OF (2) 2 OIA, WEEPHOLES
ETAL 6 THIS SHEET 08/09/2023,
DRAIN ROCK TO BE LINED ee NTS: nr Soum NOCE wate Se portou oF coe ven rote Bont ALG vention Serio Reet ESE wt 82 ea PLAN VIEW Fon paMBIENT STABUTY AD ve. mane ce ae Na ont sR wo BUBBLER BOX DETAIL CURB OPENING ADJACENT TO BIORETENTION AREA ,,,| 8 | CURB (&C8&g) ADJACENT TO BIORETENTION & P/L |. 220007 = — FUARING SUBMITTAL 10/09/2020 c-8 PLANING RESUBMITTAL 08/06/2021 ‘sheet 8 DRAFT EIR MEETNG UPDATED DRAWNGS 08-09-2023
7.e
December 11, 2023
Packet Pg. 81
LANDSCAPE (AS OCCURS) 1
Rel
MIN. 4", 95% COMPACTED CLASS II AB, ———" OR PER SOILS ENGINEER AT FIELD/ | ‘SOLS REPORT 1 7
6" PCC CURB BELOW WHERE ADJACENT ! 1
To BIO-RETENTION AREAS, SEE DETAL 8, tot Sheer ce Li
DRIVEWAY.
ON SITE CURB & GUTTER
#4 HORIZ. REBAR @ WAX. 167 0,
#4 HORIZ. REBAR MIN. 47, 95% COMPACTED CLASS lI AB., OR ‘PER SOILS ENGINEER AT FIELD/ SOILS REPORT NTS.
ON-SITE VALLEY GUTTER NTS:
&
Te PER PLAN
FL PER PLAN,
ASPHALTIC CONCRETE (AC): UGHT DUTY (AUTOMOBILE PARKING; Tl=5.0) ‘+ 3 INCHES ASPHALT CONCRETE (CALTRANS STANDARD SPECS, SECTION 39) + 9 INCHES CLASS 1 AGGREGATE GASE (CALTRANS STANDARD SPECS. SECTION 26) MEDIUM TO HEAVY-DUTY (ENTRANCE AND DRIVE LANES; The7.0) ‘4 INCHES ASPHALT CONCRETE (CALTRANS STANDARD SPECS. SECTION 39) OVER og 19 NGHES CLASS II AGGREGATE BASE (CALTRANS STANDARD SPECS. SECTION 26) ' 5 INCHES ASPHALT CONCRETE (CALTRANS STANDARD SPECS. SECTION 39) OVER +13 INCHES CLASS II AGGREGATE BASE (CALTRANS STANDARD SPECS. SECTION 26) ALL AGGREGATE BASE AND THE UPPER 12 INCHES OF SUBGRADE SHOULD BE COMPACTED TO _AT LEAST 9 PERCENT OF THE MAXIMUM DRY DENSITY AS DETERMINED SY ASTM DESIGNATION DI5S7.
ON_SITE_AC_ PAVEMENT DETAIL
GRADE/ WALKWAY 1
NTS 24" 50 8 eave oury FLAT UD (WATERPROOF) aya ‘SOLID RIM (SD JB) a RIM PER PLAN CLASS 1 A, BASE
PORTLAND CEMENT CONCRETE (PCC): UGH DUTY SECTION (AUTOMOBILE PARKING; Pano) +) SH INCHES PORTLAND CEMENT CONCRETE 2 _4/INoHES CLASS IT AGGREGATE. BASE. NeDIUM TO HEAVY OUTY SECTION (ORIVE LANES: =7.0) 18 INCHES PORTLAND CEMENT CONCRETE 4 INGHES CLASS I AGGREGATE BASE 0, WALKWAY/
ALL AGGREGATE BASE AND THE UPPER 12 INCHES OF SUBGRADE SHOULD BE COMPACTED TO AT LEAST 5 PERCENT (OF THE MAXIMUM DRY DENSITY AS DETERMINED BY ASTM DESIGNATION D157.
UPPER 12 INCHES OF SUBGRADE
CONC. PAVEMENT DETAIL
NTS
48° $0 8 Heavy uTy FLAT UD (WATERPROOF) SOLD RIM (SO 8)
[Retz
#4 HORIZ. REBAR Tv
MIN. 4", 95% COMPACTED CLASS II AB,, “™™
To PER PLAN 18” HOPE OVERFLOW PER PLAN
TP PER PLAN
18” HOPE OUTLET PER PLAN
OR PER SOILS ENGINEER AT FIELD/ ‘SOLS. REPORT ON-SITE VERTICAL CURB
INDUSTRIAL ROAD
ss.) SR
(0 ave (ne) \
(© CAB 1 conours
6 pose age cours kv (6) Jo $8 2397
(ren weary (rm)
INV (6) 27 RP 55 -38
487 HOPE DETENTION PIPE PER PUN
NTS)
1-1/2" HOPE METERED OUTLET, PER PUAN HOTEL INDIGO 0 SOE » Tass ‘Ser won ‘SEPARATE PERT
Fe CATON GLY SEPARATE PET LIN SET (CALTRANS) si cae
Gu Foran WT OSE DREW 6 (1)
(W) uwostaee Gane 10 Ahr BAG OF SDEWRLx wx 81 SPE Ce)
(012 ac WATER wan (caLUNTER) |) SWB Inv &) 2" ROP SD 36 a (9 poe aiec coors 6 PCaE Gas MAN ta Wen) (TP) le
SECTION C-C, STREET WIDENING ALONG FRONTAGE, INDUSTRIAL ROAD
ADJACENT PROPERTY
BAKERY, ET EL
G92, WY 6253
INDUSTRIAL ROAD
OENING
vo ieee
[|e x 31)
SOE WOR VER: T= 10
HOTEL INDIGO
1ST FLR. FE (10S) 13,00
TPAD 11.00 (ESTIMATED)
inv 8 PVC SS 368 w 1" RP SD 850 #7 Pie's @ 1 (BEY), FLIERED STRMMATER TO ON-STE SD BORETENTON AREA, BOTION 620,
BER poy na em» a Cates
aca re 0. We MCD 67 ae sas Te nh. a er Sowa we, FE 80
SECTION B-B WRT = it
HOTEL INDIGO
INV 18° RCP SD 873
=e
DRANED To SS RAS
SECTION A-A = eR
SD_ DETENTION SYSTEM
HOLLY STREET
ELEVATION VIEW, NTS
BAYSHORE FREEWAY HWY. 101 (CALTRANS) 0
PLANING SUBMITTAL 10/09/2020 PLANING RESUBMITTAL 08/06/2021 DRAFT EIR MEETNG UPDATED DRAWNGS 08-09-2023
ENGINEERS CIVIL ENGINEERS
i ‘omen DEVELOPER: Hoty Hote Group. Uc 281 Hedng Stet, Sate 103 Son eae, Caifeio 95126 “SP ENONEERS
FOR
PROPOSED
HOTEL
INDIGO
Planning
Submittal
10-09-2020
501
INDUSTRIAL
ROAD,
SAN
CARLOS,
CA
94070
CROSS
SECTIONS,
DETAILS
PRELIMINARY IMPROVEMENT PLANS
7.e
December 11, 2023
Packet Pg. 82
PROTECT (E) STREET NLETS \WTHIN, 200" FROM PRO.ECT STE (8 AS DIRECTED By INSPECTOR ER DETAL 2, SHEET CHI dS
oo}
TEMPORARY ELECTR POWER
[PROTECT (€) STREET NLET TO REVAN PER DETAIL 2, SHEET C-1 PROTECT (N) INLETS WITHIN STE *
PER DETAL 6, SHEET C—1 (WOT SHOWN, ‘SEE GRADING AND, DRAINAGE PLANS FOR LOCATIONS) TEMPORARY, CONSTRUCTION WATER HOSE Wa. 20° TO'R-O-W AND P/L
FOR PLAN CHECK REVIEW
NOT APPROVED FOR CONSTRUCTION
GRAPHIC SCALE
ENGINEERS CIVIL ENGINEERS
‘ee (enoy st toss Fai (68 Stic
‘OmeR/ DEVELOPER: Hoty Hote Group, Ue 1991 W. Heng Set Sate 103 Son ose Clernio 95126
“SP ENONEERS
On
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2 A
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TOR
PROTECT (E) STREET INLETS WTHN 200" FROM PROLECT STE (AS DRECTED BY Dv PER DETAL 2, SHEET C-11 Freen Rou. (1¥e) 2's OFFSET TO R-O-W, INSOE PRIVATE PROPERTY PER DETAL 3, SHEET C—1 ‘CONSTRUCTION PERMETER FENCE [AT PROPERTY UNE (TYP) CONCRETE WASHOUT AREA PER DETAL 1, SHEET C=11 PROTECT (E) INLET TO REMAIN (REUSED) PER DETAL 6, SHEET C11 STABIUZED CONSTRUCTION ENTRANCE/ aT,
Ne ‘ABANDON INLETS PRIOR TO START OF CONSTRUCTION’
W/ TRE WASHOUT AREA & SEDIMENT. TRAPPING DEVICE Mn. 20° WOE X MN, 50° LONG BOTH SIDES OF-TIRE. WASHOUT, AREA PER DETAL. To-1, SHEET C-11
ENTRY GATE ‘SHALL SWING INSIDE PROPERTY
tot ot
‘aanoN TiLETS PRIOR Ta:START OF (CONSTRUCTION
FcR ROLL (TYP) 2s OFFSET TO PA; ISDE PRIVATE PROPERTY PER DETAL-5, SHEET C-11 sur gpce ——__ Pe FSET TO PA, INSOE PRIVATE PROPER? PER DETAL 4, SHEET C- PROVIDE POSITVE DRAINAGE SLOPE (SR) TOWARD INTEROR OF PROPERTY FOR MIN. DISTANCE OF 10 FT (20 FT RECOMMENDED) (TYP) EXCESS SOL SHALE BE PILED AND PROTECTED PER OTL 7, SHEET C-1t EROSION GONTROL &LAN LEGEND:
‘CONSTRUCTION PERMETER FENCE Ex DA AT PROPERTY UNE (TYP), ER DETAL 3, SHEET C-11 CONCRETE WASHOUT AREA ER OETAR 1, SHEET C=11
[BUSTING STREET NLET PROTECTION PER ETAL 2, SHEET C-11 ‘icon a PER ETAL 3, SHEET C-11 Sur rower PER DETAL 4, SHEET C-11 eR ROU PER DETAL §, SHEET C-11 ON-STE Nur PROTEC PLANING SUBMITTAL 10/09/2020 ER ETAL 6, SHEET PLANING RESUBMITTAL 08/06/2021 ‘SEE GRADING PLAN FOR PROPOSED INLETS KAGE MEETING UPDATED DRAWINGS 08-08-2023 Planning Submittal 10-09-2020
FOR
PROPOSED
HOTEL
INDIGO
501
INDUSTRIAL
ROAD,
SAN
CARLOS,
CA
94070
EROSION
CONTROL
PLAN
PRELIMINARY IMPROVEMENT PLANS
7.e
December 11, 2023
Packet Pg. 83
FIBER ROLL NOTES (TO BE MAINTAINED)
1, Pace fo rai ay ach 3 dep nd ace coats st
2 Sreopes‘ond issn, foe rls shall be obutted atthe ends nd nat rerapped Pace atenste ston on both aes of a 5 rata fer ro 12° tom limit of grading (TO 8E MAINTAINED) FIBER ROLL NTS.
Slit, fence Maintenance: = 'sit-Tence and fiter borriers shall be Inspected during ond immesiotely after each rainfall, ond ot least daly during prolonged Feinfol. Any required repairs shal be made immediately. "Should the fabric ona ait fence or fater Dorrier decompose or become Ineffective during the time the fence or barier Is stil ecessary, the fabric shall be replaced promptly. BNSediment “deposits shall be removed when deposits reach ‘ceprovimately one-third the height of the borrer Thy sediment deposite remaining in place otter the {iter barter Is no longer requred shall be sressed 10 the_existing grade, prepored, ond seeded ="SIt buldupe must be removed when bulges develop in the fence Fegordiess of depth of deposition (70 BE MAINTAINED)
STEEL OR wooo Post 36° MAX
cS “4°x6" TRENCH BACKFILL
STANDARD DETAIL
TRENCH WITH NATIVE BACKFILL
© ons & corer.
SFR he waa
‘ow,
© ewes a
HECK DAM PLAN, NTS, ose
eee
aa 2 © cares Basi
© re 8
sen es q
(©) caren a
EXTRA STRENGTH FILTER FABRIC NEEDED WTHOUT WIRE MESH SUPPORT Wilt COMPACTED
ATa1" STAKE,
RELY
6° To oTwIN
GRAVEL
ALTERNATE DETAIL
TRENCH WITH GRAVEL
Spe Leence
ope Bac
Aver Penns
PLAN ‘SECTION 8-8
OB ‘STREET INLET PROTECTION NS.
‘ReBAR PER HAY BALES (TYP)
ting
STAGED NAY BALES (2)
12 wm PUASmC UNING NATE MATERA
eos Fone
‘ec comers CONCRETE WASHOUT AREA NETS. wore
Stabilized Construction Entrance/Exit TC-1
ba
PLAN VIEW
PONOING HET
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STABILIZED CONSTRUCTION ENTRANCE/ EXIT NAS.
Maintenance
cannons gle tt hs Saye ee Soe eS re SS reps eg oom i te oat ae set me ee tee
TABILL INSTRUCTION ENTRAN (TO BE MAINTAINED)
BEST MANAGEMENT NOTES, “ME OWNER, CONTRACTOR, AND/OR ANY PERSON PERFCRUNG COSTEUCTON ACTIWTIES SHALL INSTALL AND WANTAN CONSTRUCTION BEST WANAGDIENT PRACTICES (QUP'S) ON THE PROMECT SITE AND WITHN THE PUBUC RIGHT OF WAY THROUGHOUT THE DURATION OF CONSTRUCTION JN UNTIL TE ESTABUSIVENT GF PERUANENT STABLZATION AND SEDWENT CONIRGL TO PREVENT THE DsGiaece OF POLLUTANTS NCLUDNG SEDMENT. CONSTRUCTION MATERIALS, EXCAVATED MATERIALS, WASTE MATERIALS INT HE SAN MATEO COUNTY ROAD FRGAT OF wt, STORM SEWER WATERWATS, AND ROADAAY INFRASTRUCTURE. {P'S SHALL INCLUDE, BUT NOT BE UMIED TO, THE FOLLOWNE PREVENTION OF POLLUTANTS I STORM ATER DISCHARGES FROM THE CONSTRUCTION SIE AND THE CONTRACTORS UATERAL AND EQUPUENT UrOOm/STAGNG AREAS, PREVENTION OF TRACKING OF MUD, DRT AAD CONSTRUCTION MATERALS ONTO PUBLIC ROAD RIGHT OF WAY, A PREVENTION OF OSCHARGE GF WATER RUNOFF DURING DRY AND WET WEATHER oNOMONS ONTO PUBL ROAD RIGHT OF WAY.” “IME omeR, CONTRACTOR ANO/OR ANY PERSON PEREGRUING CONSTRUCTON Actes SHALL ENSURE THAT ALL TEMPORARY CONSTRUCT FACLITES, INGLUONG BUT NOT LWTED TO CONSTRUCTION WATERALS, ELVERES, HAZARDOUS AND NON-HAZAROOUS MATERIAL STORAGE, ECUUENT, TOOLS, PORTABLE TOLETS, CONCRETE WASHOLT, CARGAGE CONTANERS, LAY-DOM ‘ARDS, SECONDARY CONTAMUENT AREAS, ETC. ARE LOCATED QUTSDE THE [AL TRENOHING AND PAVEMENT SANOUT'S SHALL USE DRY=VAGOU ASSISTED clowns. sores SERRE tar as Serie ea ce ae Sey Sone Beno ote, fie Baier hb Secure STRING OF The PER ROLL IN A TREN, 3” De, BecalbyeD To RUN UNGER OF AROUND Fgh Ra ‘SHE TOP OF THE STRUCTURE (POND eer Rous
Seconcatons, ross TERS We
Siva Resn chBb4c8, PHCNE sree. oo (TO BE MAINTAINED)
D FIBER ROLL 3 / ao Se (3 Peek Ro bem 5)
FOSSR FLIER" SECTION A.
M_INLET SEDIMENT TRAP—Fi
ekg cone tobe
TEMPORARY COVER ON STOCK PI NTS.
BMP _SUMMARY TABLE
[BUP_CATEGORY [BuP USED
[EROSION CONTROL. FIBER ROLL, SILT FENCE, TEMPORARY STOCK PILE COVER, HYDRO SEED EXPOSED CUT AND ALL [SEDMENT CONTROL STABILIZED CONSTRUCTION ENTRANCE, INLET PROTECTION [0000 SITE MANAGEMENT STABILIZED CONSTRUCTION ENTRANCE
INON-STORMWATER MANAGEMENT | CONCRETE WASHOUT AREA
JRUN=ON AND RUN-OFF CONTROL | ROCK BAG CHECK DAM
[ACTIVE TREATMENT SYSTEMS DRY-VACCUME ASSISTED SANCUT
ssc SESNE oL AGS o MASES inate nema ee ieee on een er ee es seed tte eae Ss Sn See ra leuratn ci cai ae papairtos Cea SSLS ER oe, Bese Sey Sea ao Beats eco ey Sate Baer tel tl pr wo meet Sai aaeeter toms ste os proes sae, Sa ean TEierasann ee Sees in CeteN Pace cet res eat tw Srniewuttad Gana oe aero sh tne Ort ion ene ma ruse ee aos
Sekar eeo, ve ett tote re ie Pee hacer ere ot hs as i earer seta im yee coe ate Sate Ber rag Oe a et SAS ances suse sins oy eee i intended to be used for intern erosion and sediment control net to be used for final sivations © permanent improvements 10. Contgeter shat be response for monitoring eration and sediment ontrl pir, ding, and after sterm events 11, Reosonable care shal be token then hauling any earth, sand, grovel, stone, ‘sors, paper ov any other substance over any pubic etre. ley a other pubic piace should ony blow, solr or track over ond upon sald pubic or osjacent Prive property, immediately remedy shall occur 12 Senitory fection shall be meintained on the ste 10, Daring th rainy sono, ol goes areas shall be kot cea of earth mater Finoff to any storm dranage systems, Incudhng eletng sahoye swales ond (roter courant 13. Construction operations shall be carried eut in such a manner thot erosion ‘2rd woter pallton wil be minimized. State and local lows concerning patution ‘otement shot be complied with, 14, Contractors shall provide dust contral as required by the appropriate federal, ote, and local agency requtements 13. th the approval of the city Inspector, erosion ond sediment controls maybe removed after ets above them hove been stetsized MAINTENANCE NOTES, 1. Meintenonce is to be performed os follows: = Repo damages coused by sol erosion or construction ot the fend of each working doy. Shales shal be inspected peledcally and mntained 08 needed Sediment traps, berms, and swoles ore to be Inspected ofter Sediment anol! be removed and sedment trope restored to Ite ‘isin! Gmensens when sedement hos accumulated to a depth of one foot. Sediment removed trem top shall be depasited in @ suteble ‘ea and In auch o manner thot ft wil not erode F. Rs ond gules must be repated, [A existing drainage inlets on Street within the limit of the profct ‘hall Be protected with rock bage dung constuction. See Geto. Rock bog hist protection shall be clecned cut whenever sediment Septh one hall the height one rock bog Concrete woshout sediment trop shall be cleaned out routinly uring constuction PLANING SUBMITTAL 10/09/2020 PLANING RESUBMITTAL 08/06/2021 DRAFT EIR MEETNG UPDATED DRAWNGS 08-09-2023
4 ENGINEERS CIVIL ENGINEERS
ee he Ee
‘omen DEVELOPER: Hoty Hote Group. Uc 281 Hedng Stet, Sate 103 Son eae, Caifeio 95126 “SP ENONEERS
Planning Submittal 10-09-2020
501 INDUSTRIAL ROAD, SAN CARLOS, CA 94070
EROSION CONTROL DETAILS
FOR
PROPOSED
HOTEL
INDIGO.
PRELIMINARY IMPROVEMENT PLANS
7.e
December 11, 2023
Packet Pg. 84
ws ==
SAN MATEO COUNTY WIDE
Water Pollution
Prevention Program Clean Water. Heaittiy Community,
Materials & Waste Management
Non-Hazardous Materials
0 Berm and cover stockpiles of sand, dirt or other construction material with tarps when rain is forecast or ifnot actively being used within V4 days, © Use (but don’t overuse) reclaimed water for dust control Hazardous Materials
O Label all hazardous materials and hazardous wastes (such as cs, paints, thinners, solvents, fuel, oil, and antifreeze in with city, county, state and federal wizardous materials and wastes in wat in appropriate secondary containment, and cover them at the end of every work day of during wet weather or when rain is forecast Follow man snnicatinn instructions for hazantons materials and be careful not to use more than necessary. Do not apply chemicals outdoors when rain is forecast within 24 hours © Arrange for appropriate disposal of all hazardous wastes.
Waste Management
O Cover waste disposal containers securely with tarp av the end of every work day and duri Oi Check waste disposal containers frequently for leaks and to make sure they are not overfilled. Never hose down a dumpster on the construction site
wet weather.
O Clean oF replace portable toilets, and inspect shem frequently for Jeaks and spills. 2 Dispose of all wastes and debris properly, Recycle materials and wastes that can be recycled (such as asphalt, concrete, aggregate base 1p bend, pipe, ete.) residues from paints, thinners, solvents, glues, and, cleaning fluids as hazardous waste, Construction Entrances and Perimeter
G Establish and maintain effective perimeter controls and stabilize all sreucucacnummcesonl, agin ull sion amd stetfnnont div Viesi'site and @cking off site Sweep or vacieumy any parcet Inet, nmmedintely
cont Vunther racking. Never hse down reas
to cleart uo trackinu.
they apply to your project, all year long.
Equipment Management &
Spi) Controt
‘nance and Parking
Designate an area, fitted with appropriate BMPs, for
vehicle and equipment parking and storage
Perform major maintenance, repair jobs, and vehicle and equipement washing off site If refueling or vehicle maintenance must be done onsite, work in a bermed area. away from storm drains aud over a deip pan or drop cloths big enough to collect fluids. Recycle or dispose of fluids as hazardous waste.
If vehicle or equipment cleaning must be done onsite, A area that will nat Fo run into gutters, streets, storm Do not clean vehicle or equipment onsite using soaps,
solvents, degreasers, of steam cleaning equipment.
Spill Prevention and Control
gs, absorbents and litter) available at the construction site at all times Inspect vehicles and equipment frequently for and repair leaks promptly. Use drip pans to catch leaks I repairs are made, Clean up spits o cleanup materials properly.
> immediately and dispane of
Do not hose down surfaces whicre fluids have spilled Use dry cleanup methods (absorbent materials, cat liter, andor rags), Sweep up spilled cry materials immediately. Do not
dirt areas by digeine up and property disposing of contaminated soil Report significant spills immediately. You are required to report all significant releases of hazardous To report a spill: 1) Dial 911 of your local emergency response number, 2) Call the Gowemor’s Office of Emergency Services Warning ‘Center, (800) 882-7350 (24 hears.
Earthmoving
O Schedule grading and excavation work
luring dry weather
1D Stabilize all denuded areas, install and ‘maintain temporary erosion controls (such as erosion control fabric or borded fibe matrix) until vegetation is established.
G Remove existing vegetation only when absolutely necessary, and seed or plant tion for erosion control on slopes or where construct planned.
O Prevent sediment from mi
and protect storm drain inlets, guivers ditches, and drainage courses by installing and maintaining appropriate BMPs, euch as fiber rolls, silt fences, sediment basins, gravel bags, berms, ete
OF Keep excavated soil an site and t to dump trucks on site, not in the streets Contaminated Soils
Dany of the following conditions are observed, test for contamination al contact the Regional Water Qualily Control Board:
+ Unusual soil conditions, discoloration,
or odor.
Abandoned underground tant
= Ahandomed welts
Buried barrels, debris, or trash,
Paying/Asphalt Work
1 Avoid paving and seal copting in wet
weather or when rain is Forecast, to prevent materials that have not cured from contacting stormwater runoff
Cover storm drain inlets and manholes when applying seal coat, tack coat, slurry seal, fog seal, te
Collect and recycle or appropriately dispose of excess abrasive gravel or sand.
Do NOY sweep of wash it into gutters,
Do not use water to wash down fresh
asphalt concrete pavement,
‘Saweutny & Agphalt/Conerete Removal
DF Prosect nearby sturm devi ynleis when dno; eto baste gravel haps to keen sliary ‘saw cutting: Lise filter inlet filters, 0 con OF the storm almin system.
1 Shovel, abosort, oF vacuum ssaw-cut ni disperse oF yfl waste 25 YOM ate Tae Mone locAON the ervd of each work day (Wwhicher
Construction Best Management Practices (BMPs)
Construction projects are required to implement the stormwater best management practices (BMP) on this page, as Concrete, Grout & Mortar
Application
© Store concrete, gre, and mortar away
from storm drains or waterways, and on pallets under cover to protect them from rain, runoff, and wind, Wash out concre offsite of in a desig area, where the water will flow into a equipment trucks ted washout
temporary waste pit, and in a manner that will prevent leaching into the underlying soil or ante sutroundin Let concrete harden and dispose of as garhage.
When washi
drains, Block any inlets and sancuum gters, howe wastrater onto dict areas, or death onto a bermed sutfitce to be sumpest ast af tree
Landscaping
ox 7.
tt 6
Protect stockpiled landscaping materials from wind and rain by storing them under ‘tarps all year-round
O Stack bagged material on pallets and
under cover
0 Discontinue application of any landscape material within 2 forecast rain event or during wet weather rodible sbefore a
O For
Obiv
Painting & Paint Removal
Painting Cleanup and Removal
Sl Never clean brushes of rinse paint containers tnto a street, putter, storm drain, vr srw,
O For water-based pans, paint out brushes to the extent possible, and rinse into a drain that goes to the sanitury sewer. [Never pour paint down a storm tram, -based paints, paint out beasties to possible and cl
‘or solvent in a proper contaiver. Filter the ex
rease thinners and solvents, Dispose of
‘excess liquids as hazandous waste.
G1 Paint chips and dust from non-hazardous
dry stripping and sand blasting may be swept up or collected in plastic drop cloths ad disposed of as trash
O Chemica! paint stripping residue and chips and dust from marine paints oF paints containing lead, mercury, or tributyltin
must be disposed of as hazardous waste. Lead based paint removal requires a state- centified contractor
Dewatering
1 Discharges of rounatwater runol? fom dewatering aperalians must be properly managed and disposed. When possible send dewatering discharge 10 tarieeapel wren or sanitary sewer IF discharging to the sanitary sewer call your local wastewater treatment plant an-on water from offsite away from all disturbed areas.
O When dewatering, notify and obtain approval from the local municipality before discharging water to a st oF storm’ drain. Filtration o¢ diversio through a basin, tank, or sediment trap may be required. 0 Inareas of known or suspected
coma wall your fox! apency te determine whether Miko grove! wares niuat be tested, Pumped groundwater imay ned 10 bw votlecten aid tauied off-site for realm ard proper sisyeteal PLANING SUBMITTAL 10/09/2020 PLANING RESUBMITTAL 08/06/2021 DRAFT EIR NEETING UPDATED DRANINGS 08-0: 2038 103 { i
ac
aly Hotel craup, Ue 991 W. edd Steet, Site ia3
“crmar Gee
PRELIMINARY IMPROVEMENT PLANS
FOR PROPOSED HOTEL INDIGO
Planning Submittal 10-09-2020
501 INDUSTRIAL ROAD, SAN CARLOS, CA 94070
(08/09/2025
NTS
vs,
sR. oo 220007
C12
CONSTRUCTION BMP’S
7.e
December 11, 2023
Packet Pg. 85
GENERAL NOTES
1. THE SUBJECT PROPERTY HAS DIRECT INGRESS AND EGRESS TO INDUSTRIAL BOULEVARD Vince! ARE PUBLIC RIGHTS OF WAY. 2,_ THE BASIS OF BEARINGS FOR THIS SURVEY I'S THE FOUND SOUTHERLY LINE OF PARCEL, "A% PER PARCEL MAP FILED FOR RECORD ON SEPTEMBER 24, 1970, IN BOOK 11 OF PARCEL MAPS [AT PAGE 9, OFFICIAL RECORDS OF SAN MATEO COUNTY, SHOWN AS N 40°56"S6" E.
3. THE ADDRESS OF $07 INDUSTRIAL ROAD WAS OBSERVED, POSTED ON STE OF THE ‘Suauecr PROPERTY.
4. ALL FIELD MEASUREMENTS MATCHED RECORD DIMENSIONS WITHIN THE PRECISION [REQUIREMENTS OF ALTA/NSPS. SPECIFICATIONS. UNLESS OTHERWISE SHOWN, 5, THERE WAS VISIBLE EVIDENCE OF EARTH MOVING ON THE SUBJECT PROPERTY, CURRENT ‘Oe pRoPoseD. 6 THERE IS NO VISIBLE EVIDENCE ON SITE OF USE AS A DUMP OR SANITARY LANDFLL, CURRENTLY OR PREVIOUSLY.
7. THERE IS NO VISIBLE EVDENCE ON SITE OF USE AS A CEMETERY, CURRENTLY OR Prewousty. 3, SURVEYOR IS AWARE OF NO CHANGES IN STREET RIGHT-OF-WAY LINES. EITHER COMPLETED Ge PROPOSED. SURVEYOR OBSERVED NO EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS.
9. SUBJECT PROPERTY CONTANS 91,064 SO. FT. OR 2.091 ACRES, MORE OR LESS. OWNER: HOLLY HOTEL GROUP LLC’, APN: 046090430. 10, THIS SURVEY MAP CORRECTLY REPRESENTS THE FACTS FOUND ON THE GROUND AT THE Tie OF THE’ SURVEY. 11, THERE ARE NO DISCREPANCIES BETWEEN THE BOUNDARY LINES OF THE SUBJECT PROPERTY AS” SHOWN ON THIS. SURVEY MAP AND AS. DESCRIBED IN THE LEGAL DESCRIPTION PRESENTED INTHE" TITLE. COMMITMENT. 12, THE BOUNDARY LINE DIMENSIONS AS SHOWN ON THIS SURVEY MAP FORM A MATHEMATICALLY CLOSED FIGURE WITHIN +/— 0.1 FOOT. 13_THE BOUNDARY LINES OF THE SUBJECT PROPERTY ARE CONTIGUOUS WITH THE BOUNDARY LINES OF ALL ADJOINING STREETS, HIGHWAYS, RIGHT-OF-WAY AND EASEMENTS, PUBLIC OR PRIVATE, AS DESCRIBED IN THEIR MOST RECENT RESPECTVE LEGAL DESCRIPTIONS OF RECORD. 14, EXCEPT AS OTHERWISE NOTED BELOW, JF THE SUBJECT PROPERTY CONSISTS OF TWO OR MORE PARCELS, THERE ARE "NO GAPS OR GORES BETWEEN SAID PARCELS. 16, THE SUBJECT PROPERTY IS LOCATED SOUTHEAST AT THE INTERSECTION OF INDUSTRIAL ROAD AND HOLLY STREET 17, ALL UMLIMES APPEAR TO ENTER THE SUBJECT PROPERTY VIA A PUBLIC RIGHT-OF-mAY EXCEPT AS’ SHOWN HEREON. 18, THE SUBJECT PROPERTY APPEARS TO DRAIN INTO A PUBLIC RIGHT-OF-WAY EXCEPT AS ‘SHOWN HEREON.
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ORR EEE ESS
ZONING NOTES
ACCORDING TO. WWW.MIOWESTCITYOK.ORG/COMMUNITY-DEVELOPMENT/PAGE/ZONING THE WEBSITE FOR THE CITY MIDMEST CITY ON 02/03/2021, THE SUBLECT PROPERTY IS ZONED {WOS" HOSPITAUTY AND 15 SUBJECT TO THE FOLLOWING CONDIONS: PERMITTED TO USE: YES. * ALL INFORMATION IS USTED IN THE CURRENT ZONNG CODE AS FOR inittsn Lor AREAY 43.560 SO. FT. ‘Mun FRONTAGE: 100" Minne LOF MDT: BULK/DENSITY: AXMOW BUILDING COVERAGE: 85% MAXIMUM BUILDING HEIGHT: NONE FRONT SETBACK: 25" SIDE SETBACK: 10° INTER(OR SIDE: 5° REAR SETBACK: 0" ** IF RECEIVES ANY SERVICES FROM THE REAR OF A PLATTED BUILDING, THEN 30° PARKING RESTRICTIONS: REGULAR: 1/RENTAL + 1/20 GFA RESTURANT + **#1/100 GFA MEETING ROOMS + 1/200 GRA RETAL SALES AREA HANDICAPPED PARKING: PER ADA REQUIREMENTS, OBSERVED PARKING SPACES:
NOTES: BECAUSE THERE MAY BE A NEED FOR INTERPRETATION OF THE APPLICABLE ZONING CODES, WE REFER YOU TO THE CITY OF MIDWEST CITY COMMUNITY DEVELOPMENT/ZONING (8 405-750"1225 AND THE APPLICABLE ZONING CODES,
NOTES CORRESPONDING TO SCHEDULE B
®
}
(CONSTRUCTION AT TIME OF SURVBY)
4, Release and relinquishment of abuter’s or access rights to and from ighway 10%, pon which premises abuts, together with waiver of damages by reason of construction ‘or maintenance of 2 treeway, ‘22 follows IMatrument Enitied : Deed: To. State of Calorie: Recorded : Jonuary 18, 1954 in Book 2525 of Officio! Records, Poge 444. AFFECTS AS DESCRIBED THEREIN. ‘NOTHING TO DEPICT. 5, Release and relinquishment of abutter's or access rights to and from Highway 10%. upon which premises abuts, a2 folows: inatrument: Deed: To: Charles F.Schueta, de, and wile: Recorded: January 18, 1958 in Book 2825 Of Official Records, Page 452. AFFECTS AS DESCRIBED THEREIN, NOTHING TO ener. 6, Release and relinquishment of abutter’s or access rights to and trom Highway 10%, upon which premises abuts, as folows: Instrument: Deeds To: Ghorles F. Schuetz, dr and Jone Schuetz; Dated: February 24, 1956; Recorded: March 20,1957 ln Book 3191 of Official Records, Poge 442. AFFECTS AS DESCRIBED THEREIN. NOTHING TO DEPICT.
"SUBIECT_PROPERTT GLY HOTEL GROUP LLC ‘APN: 046090850 91,064 Sq, Flt 22.09) eras
STATEMENT OF ENCROACHMENTS
NO. ENCROACHMENTS OBSERVED DURING TIME OF SURVEY. CONSTRUCTION WAS ONGOING.
UTILITY NOTES
ABOVE GROUND UTILITIES SHOWN WERE LOCATED PER ALTA/NSPS STANDARDS §5.£. BASED ON OBSERVED EVDENCE AND MAY NOT BE COMPREHENSWE, WHERE ADDIONAL OF MORE DETALED INFORMATION IS REQUIRED, THE CLIENT IS ADVISED THAT EXCAVATION AND/OR A PRIVATE UTUTY LOCATE REQUEST MAY BE" NECESSARY. THE’ EXTEND OF UNDERGROUND UNUTY MARKINGS, IF ANY, ARE SHOWN HEREON.
FLOOD NOTE, lor corse Porme ovr, ras PROPERTY 1S ZONES) HE" OF THE FLOGD NSURANDE RATE MAP,
LOCATION. MAP: NOT TO SCALE >
LEGAL DESCRIPTION
The land referred to is situated in the County of Son Mateo, City of San Carlos, Stote of Coitomia, and ie described os fllons
Parcel A, a8 s0id porcel of land is shown on that certain Parcel Map filed for record on September 24, 1970, in Book 11 of Parcel Mops of Page 9, Official Records of San Mateo county.
Excepting Theretrom: That portion thereot conveyed to the City of San Carls, 2 municioal corporation by Deed Recorded June 4, 1991, 29 Document Na, 91068093, Oifiie! Records of San Mateo County, Calta, ‘APN: 086-090-430 (formerly 046-090-410)
THE PROPERTY SHOWN HEREON IS THE SAME AS THAT DESCRIBED IN CHICAGO TILE COMPANY'S COMMITMENT Fle No: FHTO~4071900052-M, WITH A COMMITMENT DATE OF DECEMBER 16, 2019 AT 07:30 AM
TAINSPS LAND TITLE SURVEY
INDUSTRIAL ROAD
Sureeyor’s Certification Tex HOLLY HOTEL GROUP; HOLLY HOTEL GROUP: TBO: and CHICAGO TITLE COMPANY:
THIS IS. 7. CERTIFY THAT THIS MAP_OR PLAT AND THE SURVEY ON WHICH IT 1S BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD’ DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES MEMS 2,345, 6A & 8, 7A, 781, 70, 8 9, 118, 13, 14, 16, 17, AND 19 OF TABLE A THEREOF. THE FELD WORK WAS COMPLETED ON 4/14/23.
Dote of Plat or Mop: 4/25/23
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BAYSHORE FREEWAY (HIGHWAY No. 101)
LOCATION. MAP nor To SCALE
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TIME OF SURVEY)
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GENERAL NOTES, ABBREVIATIONS AND SYMBOLS
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HOTEL HOLLY HOTEL GROUP, LLC HOTELINDIGO SAN CARLOS, CALIFORNIA, RSME 8-06.20 INDIGO wes ARCHITECTS
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EXTERIOR LIGHTING - ROOF LEVEL AL 26.0
HOTEL HOLLY HOTEL GROUP, LLC HOTELINDIGO SAN CARLOS, CALIFORNIA, Wen a INDIGO mes ARCHITECTS
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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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CITY COUNCIL
STAFF REPORT
MEETING DATE: December 11, 2023
ITEM TITLE: Adopt Ordinance No. 1608 Approving a Development Agreement with Holly Hotel Group, LLC. for the 501 Industrial Road Hotel Project.
RECOMMENDATION:
The Planning and Transportation Commission and staff recommend that the City Council adopt Ordinance 1608 approving a development agreement with Holly Hotel Group, LLC. for the 501 Industrial Road hotel project (“Project”).
FISCAL IMPLICATIONS:
The applicant has paid the appropriate application fees and provided deposit funds to pay for expenses related to the environmental review and other reports and analyses associated with the Project. The Project will be required to pay building permit fees and City impact fees. City impact fees total over $4.4 million and include: commercial linkage (affordable housing), childcare, sewer, and traffic fees.
The proposed hotel development will also benefit the City by generating increases in property tax and sales tax revenue, new job creation, and transit occupancy tax. 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.
BACKGROUND:
The Planning and Transportation Commission, at its November 6, 2023 meeting, conducted a public hearing and (1) adopted Resolution PTC2023-18, recommending that the City Council certify the Final Environmental Impact Report and associated Mitigation Monitoring and Reporting Program, (2) adopted Resolution PTC2023-19 recommending that 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 PTC-2023-20 recommending that 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 City Council, at its November 27, 2023 meeting, conducted the public hearing and adopted Resolution 2023-143 certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan, introduced Ordinance 1607 to rezone the site from Landmark Commercial (LC) to Planned Development Zoning and approving the Planned Development Plan, and introduced Ordinance 1608 approving the development agreement as revised at the meeting.
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ANALYSIS:
The development agreement includes the following community benefits offered by the developer:
(1) waiver of rental fees for local non-profit and community organizations’ use of onsite meeting rooms for a period of 18 years after the certificate of occupancy is issued; (2) generation of additional transient occupancy tax revenue; (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 the 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 meeting rooms for a total of two times per month for a maximum of 12 hours per month. The first- floor board room will include a 120-day advance rental period and the second-floor event room will include a one-year advance rental period. The developer will also be required to install recycled water pipes for future connectivity.
The Development Agreement is for an 8-year term and includes vesting City laws and impact fee provisions.
Environmental Review.
At its November 27, 2023 meeting, the City Council adopted Resolution 2023-143 certifying the Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan, prepared in accordance with CEQA guidelines. With implementation of the mitigation measures, the project will not result in a significant impact to the environment.
ALTERNATIVES:
The alternatives available to the City Council include:
1.Adopt Ordinance 1608 approving a Development Agreement with Holly Hotel Group, LLC. for the 501 Industrial Road Hotel Project.
2. Do not adopt Ordinance 1608; 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. Ordinance 1608 with Exhibit A Findings
Exhibit B to Ordinance – Development Agreement
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ORDINANCE NO. 1608
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 2023-143, 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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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 11th day of December, 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. Consistency with the General Plan
B. Development Agreement
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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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Exhibit B
Development Agreement
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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 .........................................................................................7
2.1 Ownership of Property .............................................................................................7
2.2 City Representations and Warranties .......................................................................7
2.3 Developer Representations and Warranties .............................................................7 ARTICLE 3 EFFECTIVE DATE AND TERM ..............................................................................8
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. ........................11
4.6 Developer’s Right to Rebuild ................................................................................11
4.7 State and Federal Law ............................................................................................11
4.8 Compliance with Laws ..........................................................................................11
4.9 Moratoria................................................................................................................12
4.10 Project Approvals and Applicable City Regulations .............................................12 ARTICLE 5 FEES AND EXACTIONS ........................................................................................12
5.1 Impact Fees ............................................................................................................12
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. .........................................................................................13 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. ............................................................................14
6.4 Recycled Water Pipe.. ............................................................................................15
6.5 Sales Tax Point of Sale Designation. .....................................................................15 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. ...........................................................................................17
8.3 Processing Applications for Subsequent Approvals ..............................................17 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 .................................................................................................18
9.4 Operating Memoranda. ..........................................................................................18
9.5 Requirement for Writing ........................................................................................18
9.6 CEQA/Mitigation Measures ..................................................................................18 ARTICLE 10 INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE........................................................................................................19
10.1 Indemnity and Hold Harmless ...............................................................................19
10.2 Defense and Cooperation in the Event of a Litigation Challenge .........................19 ARTICLE 11 ASSIGNMENT AND TRANSFER ........................................................................20
11.1 Assignment ............................................................................................................20
11.2 Permitted Transfers. ...............................................................................................20
11.3 Assignment and Assumption Agreement...............................................................21
11.4 Release of Developer. . ..........................................................................................21
11.5 Successive Assignment ..........................................................................................21 ARTICLE 12 MORTGAGEE PROTECTION ..............................................................................21
12.1 Mortgagee Protection .............................................................................................21
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12.2 Mortgagee Not Obligated ......................................................................................21
12.3 Notice of Breach to Mortgagee ..............................................................................22
12.4 No Supersedure ......................................................................................................22 ARTICLE 13 DEFAULT; REMEDIES; TERMINATION ..........................................................22
13.1 Breach and Default ................................................................................................22
13.2 Failure to Cure Default Procedure .........................................................................23
13.3 Termination or Modification..................................................................................23
13.4 Specific Performance for Violation of a Condition ...............................................23
13.5 Legal Actions .........................................................................................................23
13.6 Rights and Remedies Are Cumulative ...................................................................23
13.7 No Damages ...........................................................................................................23
13.8 Resolution of Disputes ...........................................................................................24
13.9 Remedies upon Transfer or Assignment ................................................................24
13.10 Appeals to City Council .........................................................................................24
13.11 Surviving Provisions ..............................................................................................24 ARTICLE 14 GENERAL PROVISIONS .....................................................................................24
14.1 Covenants Binding on Successors and Assigns and Run with Land .....................24
14.2 Notice .....................................................................................................................25
14.3 Counterparts ...........................................................................................................25
14.4 Waivers ..................................................................................................................25
14.5 Construction of Agreement ....................................................................................26
14.6 Headings ................................................................................................................26
14.7 Severability ............................................................................................................26
14.8 Time is of the Essence ...........................................................................................26
14.9 Signatures ...............................................................................................................26
14.10 Entire Agreement ...................................................................................................26
14.11 Estoppel Certificate ................................................................................................26
14.12 Recordation of Termination ...................................................................................27
14.13 City Approvals and Actions ...................................................................................27
14.14 Negation of Partnership .........................................................................................27
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14.15 No Third Party Beneficiaries .................................................................................27
14.16 Joint and Several ....................................................................................................27
14.17 Governing State Law .............................................................................................27
14.18 Recordation ............................................................................................................27
14.19 Exhibits ..................................................................................................................27
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This Development Agreement (“Agreement”), dated as of the ___________, 202_ (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 approximately 750 square foot boardroom and an approximately 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. 2023- 143, adopted by the City Council on November 27, 2023;
2. Approval of the Mitigation, Monitoring and Reporting Plan by Resolution No. 2023-143, adopted by the City Council on November 27, 2023;
3. Approval of rezoning and Planned Development Plan by Ordinance No. 1607 adopted by the City Council on _____________;
4. Approval of Transportation Demand Management Plan by the Planning Commission on November 6, 2023; and
5. Approval of Design Review Certificate by the Planning Commission on November 6, 2023.
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 maximum total of 12 hours per month, 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 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
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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 November 27, 2023, the City Council introduced Ordinance No. 1608 (“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. “City Manager” means City’s City Manager or his or her designee.
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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx “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.
“Enacting Ordinance” refers to the Ordinance identified in Recital M.
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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx “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.
“Event Space” and “Event Spaces” are defined in Section 6.3. “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.
“Reservation Request” is defined in Section 6.3.1.
“San Mateo County Nonprofit” and “San Mateo County Nonprofits” is defined in Section 6.3.
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“Subsequent Approvals” is defined in Section 8.1.
“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.
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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.
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
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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;
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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;
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
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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 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
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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 shall not apply to the Property or this Agreement, unless the changes are both (a) found by the City to be necessary to protect the health and safety of the residents of the City, and (b) generally applicable on a Citywide basis.
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
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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 new assessment districts or imposition of new taxes covering all or any portion of the Property.
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
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6.3 Nonprofit Use of Rental Spaces. For not less than eighteen (18) 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 County Nonprofit” and collectively, “San Mateo County Nonprofits”). Rental, set up, and cleaning fees for San Mateo County 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 County Nonprofits, a San Mateo County 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 Mateo County Nonprofits 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 County 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 County Nonprofits under this Agreement. Developer is responsible for determining if a San Mateo County Nonprofit qualifies to make a Reservation Request. If Developer determines a San Mateo County 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 County Nonprofit as offered in this Section 6.3. Subject to availability, the Hotel operator shall be required to: a) accept Reservation Requests for the 750 square foot boardroom a maximum of one hundred twenty (120) days in advance of the desired event date; b) accept Reservation Requests for the 2,900 square foot event space a maximum of one (1) year in advance of the desired event date; and (c) make the requested Event Space available to the requesting San Mateo County 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
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6.4 Recycled Water Pipe. At the time of issuance of the certificate of occupancy, the water infrastructure for the Project shall include dual plumbing for potable and recycled water, with separate pipe lines composed of appropriate material to accommodate recycled water.
6.5 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 construction of the Project in order to have the local portion of the sales and use tax distributed directly to City instead of through the county-wide pool. Developer shall instruct its general contractor(s) for the Project to, and cause such general contractor(s) to instruct its/their subcontractors to, cooperate with City to ensure the local sales/use tax derived from construction of the Project is allocated to City to the fullest extent possible. To assist City in its efforts to ensure that such local sales/use tax is so allocated to City, Developer shall on an annual basis provide City with such information as shall be reasonably requested by City regarding subcontractors working on the Project with contracts in excess of the amount set forth above, including a description of all applicable work and the dollar value of such subcontracts. City may use such information to contact each subcontractor who may qualify for local allocation of use taxes to City.
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.
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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 Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the City’s Community Development Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.
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
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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 applications on a timely basis and pays applicable Processing Fees. Developer shall use diligent good faith efforts to (a) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (b) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other materials required under Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals.
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
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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 performance of City and Developer. If and when, from time to time, during the Term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer may effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 9.4 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 9.2 or Section 9.3 above. The City Manager is authorized to execute any operating memoranda hereunder on behalf of City.
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
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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 from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction of the Project by or on behalf of Developer, and/or from any other acts, omissions, negligence or willful misconduct of Developer under this Agreement, whether such acts, omissions, negligence or willful misconduct are by Developer or any of Developer’s contractors, subcontractors, agents or employees, except to the extent such Claims arise from the sole active negligence or willful misconduct of City or City Parties. Developer’s obligations under this Section 10.1 shall survive the expiration or termination of this Agreement.
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.
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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, 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
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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
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,
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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, concurrently with service thereon to Developer, any Notice of Breach given to Developer. Each Mortgagee shall have the right, but not the obligation, during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of Default claimed or the areas of noncompliance set forth in City’s Notice of Breach. If a Mortgagee is required to obtain possession in order to cure any Default, the time to cure shall be tolled so long as the Mortgagee is attempting to obtain possession, including by appointment of a receiver or foreclosure, but in no event may this period exceed 180 days from the date the City delivers the Notice of Breach to Developer.
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.
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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 final determination of the City Council or, where no appeal is taken, after the expiration of the appeal period described in Section 13.10.
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
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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx 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 rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Agreement by the other Party.
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
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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:
If to the City:
City of San Carlos
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
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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 deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; (e) “includes” and “including” are not limiting; and (f) “days” means calendar days unless specifically provided otherwise.
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
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C:\Users\pcurtin\Work Folders\Documents\NRPortbl\iManage\PCURTIN\30355125_1.docx 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 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
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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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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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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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Exhibit A
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EXHIBIT A
LEGAL DESCRIPTION
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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
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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
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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
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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
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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
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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
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