NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:
SECTION 1: Based on the findings set forth in the staff report and as outlined in Exhibit D, the Zoning Map Amendment of San Carlos is hereby amended from Heavy Industrial (IH) District to Planned Development (PD) District (Exhibit A), by the adoption of a Planned Development Plan (Exhibit B) for the construction of two office and research and development buildings with a combined 326,648 square feet (sf) above grade and one parking structure, for a total above grade building area square footage of 552,569 sf and landscaping improvements on the 3.4 acre site located at 789 Old County Road (APN 046-131-610 & 046-131-630) as show
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on the plans prepared by DES Architects & Engineers dated April 1, 2025. The Planned Development Plan contemplates there will be a four-story building at a height of 69’ to the main roofline and 83’ to the top of the mechanical screen; a five story building at a height of 85’ to the roofline and 99’ to the top of the mechanical screen; and above grade parking consisting of 225,291 sf with a height of 83’ at its highest architectural element.
SECTION 2: That the City Council hereby adopts the Plan of Development filed as “789 Old County Road” attached hereto as Exhibit B based on the findings set forth in the staff report.
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 Heavy Industrial (IH) Zoning District. Research and Development Use shall be considered a Permitted Use. In addition, the following uses are permitted within the ground floor tenant space:
a. Research and Development shall be considered a Permitted Use. b. Eating and Drinking Establishments, Full Service and Convenience, shall be considered a Permitted Use.
2. Life Science/Research and Development tenants shall comply with the City’s Biosafety regulations in effect on the Agreement Date as defined in and subject to the Development Agreement.
3. The buildings shall be situated on the property in accordance with the Plan of Development (attached hereto as Exhibit B) prepared by DES Architects & Engineers dated April 1, 2025. This plan indicates the location of the building, the size of the building, the parking to be provided and areas to be landscaped.
4. Floor area and height of the buildings shall be provided in substantial compliance with the Plan of Development. The project shall comply with the current Heavy Industrial (IH) zoning standards in effect, except as follows:
i. The maximum building height is limited to 69’ to the top of the roofline and 83’ to the top of the mechanical screen for the four-story (west) building, 85’ to the top of the roofline, 99’ to the top of the mechanical screen for the five-story (east) building and 83’ for the above ground parking structure.
ii. The total allowed floor area for the site is 552,569 square feet resulting in a FAR of 3.481, inclusive of the above ground parking structure. iii. Bicycle parking shall consist of 20 short-term stalls and 84 long-term stalls for a total of 104 bike stalls.
5. Signage for the site and buildings shall be consistent with the Sign Program attached as Exhibit C. Building signage for tenant(s) is limited to no more than two signs per building. Signage on the north facing elevation shall be limited to two signs on the
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northwest corner of the east building, no signs on the west building, and shall not be illuminated. Future changes to the Sign Program requires review and approval by the Planning and Transportation Commission.
6. The project shall be constructed in accordance with all requirements of the Mitigated Negative Declaration, Mitigation Monitoring & Reporting Plan, Design Review Certificate, Transportation Demand Management Plan and Grading and Dirt Haul Certificate.
7. Automatic window shades with 1% openness shall be installed on the north facing façade for the east and west buildings and shall be installed on the west facing façade for the west building, and the fifth floor of the west facing facade for the east building.
SECTION 3: 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: 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 14th day of October, 2025 and passed and adopted as an Ordinance of the City of San Carlos at a regular meeting thereof held on the 27th day of October, 2025 by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibits:
A. Zoning Map
B. Planned Development Plan (Part 1 and 2)
C. Sign Program
D. Findings
EXHIBIT A
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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SAN CARLOS ZONING MAP
789 Old County Road (APNs 046-131-610 & 046-131-630) zoned Planned Development (PD)
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EXHIBIT D
REQUIRED FINDINGS FOR CITY COUNCIL CONSIDERATION
789 OLD COUNTY ROAD PROJECT
Planned Development Zoning and Planned Development Plan Findings:
In considering whether to recommend the Planned Development Zoning designation and Planned Development Plan, the City Council 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 Planned Development zoning district and accompanying PD Plan are consistent with the San Carlos general Plan. The General Plan calls for intensification of employment and innovation uses in the industrial corridor, encourages design that respe cts surrounding land uses, and promotes transit -supportive development. The PD Plan establishes site-specific standards that implement these policies while incorporating community input to ensure compatibility with adjacent properties
The City does not have an adopted Specific Plan, however the East Side Innovation District Vision Plan is considered a guiding document for development in the area. The project is consistent with the East Side Vision planning strategies within the area, including implementing pedestrian and bicycle improvements along Old County Road toward the prioritization of first - and last -mile connections to the Caltrain station, improves the Old County and Bransten Road intersection, increases the overall District tree canopy and continu es the provision of street trees along Old County Road, promotes environmental stewardship and contributes towards community benefits.
The project is consistent with the General Plan and the General Plan classification of Planned Industrial as outlined in Attachment 6 . The project complies with the Heavy Industrial District development standards except for height, floor area, and bicycle parking.
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 retail service, office, research and development and industrial uses. This designation offers maximum flexibility for non -residential use. The office use and research and development use would be compatible with other office and research and development uses in the surrounding area. The 3.4-acre site is large enough to accommodate the intensity of development while providing adequate 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 traf fic 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 Initial Study/Mitigated
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Negative Declaration and a separate Traffic Operations Analysis. The analysis concluded that the project’s payment towards the City’s Traffic Impact Fee program would offset any potential negative effects on operations by providing the project’s share of funding for planned improvements at all intersections. Additionally, the project applicant’s proportional payment share of a new signal at Bransten Road/Old County road would facilitate traffic operations along Old County Road. Therefore, 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 includes demolition of the existing improvements and construction of a new office and research and development/life-science project. The project has been designed to be in scale with other proposed developments in the area including approved developments at 841 Old County Road and 987 Commercial Street . In response to neighborhood concerns regarding height, bulk and compatibility, the applicant reduced building heights and overall building area. The project steps back from Old County Road by proposing a lower building height of the west building (four stories) that then increases by one story to the east building (five stories) to reduce the apparent mass of the building. Trees are included along Old County Road, Bransten Road and the northern property line of the project area to further screen the buildings and a green screen is proposed along the rear elevation of the parking structure. The project as redesigned reduces impacts to the surrounding area.
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. Street trees and t he first floor setback of the southwestern corner of the west building provide a pedestrian scale to the building, while latticing and large windows break up the building mass and provide an aesthetic feature to the neighborhood. The building color and materials are high quality and appropriate for the area.
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 development standards in the zoning code with the exception of height, floor area, and required bicycle parking. The property is
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located along within the industrial corridor along Old County Road and Bransten Road, an area designated in the General Plan for higher-intensity employment uses. The step-down in building heights along Old County Road creates a transition to adjacent lower scale development, addressing compatibility concerns. The project’s architectural design, setbacks and open space elements improve the visual and functional relatio nship with nearby properties. The applicant’s revisions to the project design, informed by resident and staff feedback, have improved the appropriateness of the project for the site. The project includes contribution of community benefit that may be utilized to benefit the greater community.
G. SIGN PROGRAM FINDINGS
1. The master sign program proposal is consistent with the San Carlos General Plan and the Zoning Code;
2. The design of the master sign program is appropriate to the City, the neighborhood, and the lots in which it is proposed;
3. The design of the master sign program proposal is compatible with its environment with respect to use, forms, materials, setbacks, location, height, design, or similar qualities; and
4. The proposed master sign program satisfies all rules stated in Municipal Code Chapter 18.22 (pursuant to the proposed PD Plan).
Basis for Finding: The proposed master sign program was submitted with the PD Plan application, including the size and location of all proposed signs. The master sign program for the Project includes monument signs, wayfinding signs and tenant signs. Signs on the north elevation will be limited to two signs at the northwest corner and the signs shall be non -illuminated. The future tenant signs require staff level review for consistency with the master sign program.
The master sign program has been reviewed for consistency with the General Plan and Zoning Code as well as compatibility with the City, neighborhood, and Project site and provides for comprehensive sign design to ensure consistency and compatibility across the Project site.
Future staff level review will ensure consistency with the master sign program approved by the City.
GENERAL PLAN POLICIES
The site at 789 Old County Road has a General Plan land use designation of Heavy Industrial.
The proposed office and research and development/life -science project is consistent with the following General Plan Polices
• LU-5.2: Implement the City’s adopted Economic Development Plan, which is updated annually as it relates to supporting the local economy. • 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-5.13: Consider use of multiple level parking facilities to provide increased space where available land is limited.
• 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.
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• 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:
o Visual buffers.
o Facilitation of pedestrian activity.
o Distinctiveness and variety in architectural design
• LU-8.4: Promote pedestrian-scaled design through site planning, building design, finish details and landscaping for all types of development by requiring height and locational transitions between buildings of varied levels that are sensitive to the interrelationships of surrounding uses and structures, especially residential. • 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-8.10: 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.
• LU-11.1: Require high quality design for buildings at visually significant locations in gateway areas.
• LU-11.2: Encourage design features, such as landscaping, art and displays in gateway areas that are welcoming, attractive and contribute to a unique sense of place. • LU-11.3: Encourage distinctive architectural features, such as tower elements or a plaza at building entry, for buildings located at visually significant locations within gateway areas.
• CSH-3.1: Strive to reduce base-line and development-related traffic by 20 percent through public-private partnership efforts.
• CSH-3.2: Support city-wide efforts to reduce vehicular trips within and through the community.
• 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
• EM-11.9 Coordinate with major employers, neighboring municipalities, transit agencies and providers to enhance regional transit and shuttle service.
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CITY COUNCIL
STAFF REPORT
MEETING DATE: October 27, 2025
ITEM TITLE: Adopt Ordinance 1628 Approving a Development Agreement with Bransten Road Associates LLC, for the 789 Old County Road Project.
RECOMMENDATION:
The Planning and Transportation Commission and staff recommend that the City Council adopt Ordinance 1628 approving a development agreement with Bransten Road Associates LLC (“Applicant”), for the 789 Old County Road 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 $11.6 million and include: commercial linkage (affordable housing), childcare, sewer, and traffic fees. The proposed development agreement includes community benefits, which are outlined in the analysis section below and are valued at $4.2 million.
The proposed development will also benefit the City with increased property tax, increased sales tax revenue, and new job creation. The estimated increased revenue to the City is $674,000 per year in additional property and sales tax revenue.
BACKGROUND:
The Planning and Transportation Commission, at its September 2, 2025 meeting, conducted a public hearing and adopted Resolution PTC2025-09 recommending the City Council certify the Mitigated Negative Declaration and adopt the associated Mitigation Monitoring and Reporting Program (MMRP) and adopted Resolution PTC2025-10, recommending the City Council adopt the Planned Development Zoning, Planned Development Plan, Sign Program and Development Agreement. The Commission also approved the Design Review, Grading and Dirt Haul, and Transportation Demand Management Plan, which would all become effective if the City Council approves the forementioned items.
The City Council, at its October 14, 2025 meeting, conducted the public hearing and adopted Resolution 2025-116 certifying the Mitigated Negative Declaration and adopting the Mitigation Monitoring and Reporting Plan, introduced Ordinance 1627 to rezone the site from Heavy Industrial (IH) to Planned Development Zoning and approving the Planned Development Plan as amended at the meeting, and introduced Ordinance 1628 approving the development agreement as amended at the meeting.
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ANALYSIS:
The development agreement is for a 15-year term and includes vesting of City laws and impact fee provisions. It includes the community benefits as outlined below with a total value of $4,200,000.
The community benefits offered by the developer include completing the East Side Connect off- site improvements along Old County Road from the project site north to Terminal Way. The off- site improvements include underground utilities, new sidewalk, green infrastructure, street trees, and lights. The applicant would also contribute to the installation of trees/window treatments for several residential properties on the south side of Hall Street as requested by residents of the Greater East San Carlos (GESC) neighborhood.
The total community benefits are valued at $4,200,000 and include a fiscal contribution of $2,448,955 due at building permit issuance and a credit for the cost of the off-site improvements along Old County Road valued at $1,751,045. In addition, the value of the neighborhood trees/window treatment fund is $30,000.
The City Council, at its October 14, 2025 meeting, introduced Ordinance 1628 approving the development agreement with the following amendments:
Add a provision that if multi-tenant building occupancy and a restaurant/café or other retail is provided, it shall be open to the public and public parking shall be provided.
Add a provision that the public shall have access to the courtyard.
The Applicant added the following provision to the development agreement that is consistent with the approved Sobrato Development Agreement and supported by staff:
Tenants may have exclusive use of courtyard for up to four tenant events a year and six events may be held by nonprofits serving San Carlos each year in the courtyard.
The Development Agreement (Exhibit B to Ordinance 1628) has been revised to include these additional provisions.
Environmental Review
The City Council adopted Resolution 2025-116 certifying the Mitigated Negative Declaration and adopting the 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 1628 approving a Development Agreement with Bransten Road Associates LLC, for the 789 Old County Road Project; or
2. Do not adopt Ordinance 1628; or
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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 1628 with Exhibit A – Consistency with the General Plan Exhibit B to Ordinance – Development Agreement
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ORDINANCE NO. 1628
AN ORDINANCE OF THE CITY OF SAN CARLOS
APPROVING A DEVELOPMENT AGREEMENT WITH BRANSTEN ROAD
ASSOCIATES LLC FOR THE 789 OLD COUNTY ROAD PROJECT.
WHEREAS, Bransten Road Associates LLC is the fee owner of the property located at 1026 Bransten Road, San Carlos, California and identified as Assessor Parcel Number 046-131- 630 and has entered into an agreement to purchase the property located at 789 Old County Road and identified as Assessor Parcel Number 046-131-610 (collectively, the “Property”); and WHEREAS, pursuant to Title 18 of the City of San Carlos Municipal Code (“SCMC”) and California Government Code Sections 65864 to 65869.5, Bransten Road Associates LLC, a Delaware limited liability company controlled by the Minkoff Group, 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, Grading and Dirt Haul Certificate, and Transportation Demand Management Plan to facilitate the development of a research and development campus that will include a 5-story, 179,665 square foot building, a 4-story,146,983 square foot building, and an 8-level parking structure, which collectively total approximately 552,569 square feet of building floor area (the “Project”); and
WHEREAS, by Resolution PTC2025-09 adopted on September 2, 2025, the Planning and Transportation Commission recommended the City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan pursuant to the California Environmental Quality Act (CEQA) for the implementation of the mitigation measures outlined in the Mitigated Negative Declaration; and
WHEREAS, by Resolution PTC2025-10 adopted on September 2, 2025, the Planning and Transportation Commission recommended that the City Council adopt an ordinance approving the Zoning Map Amendment to change the site from Heavy Industrial (IH) Zoning District to Planned Development (PD) Zoning District and adopt the Planned Development Plan and Sign Program; 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-2025-10, adopted on September 2, 2025; and
WHEREAS, at a duly noticed public hearing held on September 2, 2025, the Planning and Transportation Commission approved the Design Review Certificate, Transportation Demand Management Plan, and Grading and Dirt Haul Certificate, subject to approval of the Planned Development Plan, and effective on the effective date of the Planned Development Plan; and
WHEREAS, the City Council of the City of San Carlos held a duly noticed public hearing on October 14, 2025 to consider the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Plan, the proposed Planned Development Plan and the proposed Zoning Map Amendment and Development Agreement; and
WHEREAS, by Resolution 2025-116, adopted on October 14, 2025, the City Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan pursuant to the California Environmental Quality Act (CEQA) for the implementation of the mitigation measures outlined in the Mitigated Negative Declaration; and
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WHEREAS, the City Council of the City of San Carlos held a duly noticed public hearing on October 14, 2025 and introduced an ordinance amending the Zoning Map to change the site from Heavy Industrial Zoning District (IH) 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 October 14, 2025.
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 14th day of October, 2025 and passed and adopted as an Ordinance of the City of San Carlos at a regular meeting thereof held on the 27th day of October, 2025 by the following vote:
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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3 9
_____________________________
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
Consistency with the General Plan
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 its requirement that the Developer provide certain community benefits, including extending the underground electrical and green infrastructure from the northwest corner of the Property to Terminal Way and providing funds to be used to reimburse the purchase of trees by residents whose yards face the Project, are consistent with the following General Plan policies:
LU-5.2: Implement the City’s adopted Economic Development Plan, which is updated annually as it relates to supporting the local economy. 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-5.15: 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 visual buffers
LU-8.4: Promote pedestrian-scaled design through site planning, building design, finish details and landscaping for all types of development by requiring height and locational transitions between buildings of varied levels that are sensitive to the interrelationships of surrounding uses and structures, especially residential. 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.
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4917-8489-0160 v15
RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
City of San Carlos
600 Elm Street
San Carlos, California 94070
Attn: City Clerk
Space Above This Line Reserved for Recorder’s Use
Exempt from Recording Fee Per Government Code
Section 27383
DEVELOPMENT
AGREEMENT
by and between the
CITY OF SAN CARLOS,
a California municipal corporation,
and
BRANSTEN ROAD ASSOCIATES LLC,
a Delaware limited liability company
regarding the
789 Old County Road Project
Effective Date: _____________
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i
TABLE OF CONTENTS
Page
ARTICLE 1 DEFINITIONS ............................................................................................................3
1.1 Definitions .......................................................................................................................3 ARTICLE 2 EFFECTIVE DATE AND TERM ..............................................................................7
2.1 Effective Date ..................................................................................................................7
2.2 Term. ................................................................................................................................7
2.3 City Representations and Warranties ...............................................................................9
2.4 Developer Representations and Warranties .....................................................................9 ARTICLE 3 DEVELOPMENT OF PROPERTY..........................................................................10
3.1 Vested Rights .................................................................................................................10
3.2 Reservations of Authority ..............................................................................................10
3.3 Regulation by Other Public Agencies ............................................................................11
3.4 Life of Project Approvals; Termination .........................................................................11
3.5 Initiatives .......................................................................................................................13
3.6 No Affirmative Obligation to Develop; Timing of Development .................................13
3.7 No Conflicting Enactments ............................................................................................13
3.8 Changes in the Law ........................................................................................................14
3.9 No Reservation of Sanitary Sewer or Potable Water Capacity .....................................14 ARTICLE 4 FEES AND OTHER CHARGES ..............................................................................14
4.1 City Fees. .......................................................................................................................14
4.2 Other Agency Fees .........................................................................................................15
4.3 Taxes and Assessments ..................................................................................................15 ARTICLE 5 DEVELOPER COMMUNITY BENEFITS COMMITMENTS ..............................16
5.1 Public Benefits ...............................................................................................................16
5.2 Recycled Water Pipe ......................................................................................................17
5.3 Sales Tax Point of Sale Designation ..............................................................................17 ARTICLE 6 ANNUAL REVIEW .................................................................................................19
6.1 Periodic Review .............................................................................................................19
6.2 Appeal Hearings ............................................................................................................21
6.3 Final Determination .......................................................................................................21
6.4 Relationship to Default Provisions ................................................................................21 ARTICLE 7 MORTGAGEE PROTECTION ................................................................................22
7.1 Mortgagee Protection .....................................................................................................22
7.2 Mortgagee Not Obligated ..............................................................................................22
7.3 Notice of Default to Mortgagee; Right to Cure .............................................................22
7.4 No Supersedure ..............................................................................................................23
7.5 Technical Amendments to this Article 7 .......................................................................23 ARTICLE 8 AMENDMENT OF AGREEMENT AND PROJECT APPROVALS .....................24
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8.1 Amendment of this Agreement ......................................................................................24
8.2 Amendments to Development Agreement Statute .........................................................25
8.3 Amendments to Project Approvals ................................................................................25
8.4 Reliance on IS/MND .....................................................................................................26
8.5 Subsequent CEQA Review ............................................................................................26 ARTICLE 9 COOPERATION AND IMPLEMENTATION ........................................................27
9.1 Additional Project Approvals ......................................................................................27
9.2 Scope of Review of Additional Project Approvals ........................................................27
9.3 Processing Applications for Additional Project Approvals ...........................................27
9.4 Other Agency Additional Project Approvals; Authority of City ...................................28
9.5 Implementation of Necessary Mitigation Measures and Conditions .............................28
9.6 Cooperation in the Event of Legal Challenge ................................................................28
9.7 Revision to Project .........................................................................................................31
9.8 State, Federal or Case Law ............................................................................................31
9.9 Compliance with Laws ..................................................................................................31
9.10 Indemnity and Hold Harmless .......................................................................................32 ARTICLE 10 ASSIGNMENT .......................................................................................................32
10.1 Transfers ........................................................................................................................32 ARTICLE 11 DEFAULT; REMEDIES; TERMINATION ..........................................................33
11.1 Breach and Default ........................................................................................................33
11.2 Withholding of Permits ..................................................................................................34
11.3 Termination ....................................................................................................................34
11.4 Specific Performance for Violation of a Condition .......................................................34
11.5 Resolution of Disputes ...................................................................................................34
11.6 Rights and Remedies Are Cumulative ...........................................................................35
11.7 Limitation on Damages ..................................................................................................35
11.8 Surviving Provisions ......................................................................................................36 ARTICLE 12 MISCELLANEOUS PROVISIONS .......................................................................36
12.1 Incorporation of Recitals, Exhibits and Introductory Paragraph ...................................36
12.2 Severability ....................................................................................................................36
12.3 Construction ...................................................................................................................36
12.4 Covenants Running with the Land.................................................................................37
12.5 Notices ...........................................................................................................................37
12.6 Counterparts and Exhibits; Entire Agreement ...............................................................39
12.7 No Joint Venture or Partnership ....................................................................................39
12.8 Waivers ..........................................................................................................................39
12.9 California Law; Venue ...................................................................................................39
12.10 City Approvals and Actions ...........................................................................................39
12.11 Estoppel Certificates ......................................................................................................39
12.12 No Third Party Beneficiaries .........................................................................................40
12.13 Signatures .......................................................................................................................40
12.14 Time ...............................................................................................................................40
12.15 Days ...............................................................................................................................40
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12.16 Limitation on Liability ...................................................................................................40
12.17 Recordation of Development Agreement ......................................................................40
LIST OF EXHIBITS
Exhibit A Developer Property Legal Description
Exhibit B Developer Property Map
Exhibit C 789 Owner Property Legal Description
Exhibit D 789 Owner Property Map
Exhibit E Impact Fees
Exhibit F [Form of] Assignment & Assumption Agreement
Exhibit G Electrical and Green Infrastructure
Exhibit H [Form of] POPA Easement
Exhibit I Courtyard Depiction
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1 DEVELOPMENT
AGREEMENT
THIS DEVELOPMENT AGREEMENT (“ Agreement”) dated for reference purposes as of the Effective Date, is entered into by and between the CITY OF SAN CARLOS, a California municipal corporation organized and existing under the laws of the State of California (“ City”), and BRANSTEN ROAD ASSOCIATES LLC , a Delaware limited liability company (“Developer”). City and Developer are sometimes referred to individually herein as a “Party” and collectively as “Parties.”
R E C I T A L S
The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Section 1.1 of this Agreement.
A. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risk 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. This Agreement has been drafted and processed pursuant to the Development Agreement Statute.
B. Developer is the fee owner of that certain real property located at 1026 Bransten Road, designated as APN 046-131- 630, and more particularly described and depicted in Exhibit A and Exhibit B attached hereto and incorporated herein (“Developer Property”). The Developer Property is currently developed with the Cemex San Carlos Ready-Mix Concrete Plant.
C. Developer is under contract to purchase (“ 789 PSA”) from 789 OLD COUNTY ROAD, LLC, a California limited liability company (“789 Owner”) fee title to that certain real property located at 789 Old County Road, designated as APN 046-131-610, and more particularly described and depicted in Exhibit C and Exhibit D attached hereto and incorporated herein (“789 Owner Property”). The 789 Owner Property is currently developed with a parking lot that is used by a trucking business. The Developer Property and the 789 Owner Property are collectively the “Property”.
D. Developer wishes to redevelop the Property with a n office/research and development campus that will include a 5 -story, 179,665 square foot building, and a 4-story, 146,983 square foot building (each a “Building”) which total approximately 326,648 square feet, and one eight -level parking structure (collectively, the “ 789 Old County Road Project ” or the “Project”).
E. To achieve the Parties’ mutual goals of redevelopment as expeditiously as possible, the Developer desires to receive assurance that it may proceed with the Project in accordance with the Applicable City Regulations. Therefore, this Agreement between City and Developer sets forth, among other things, the applicable fees, policies and zoning requirements that will apply to
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2 Developer’s development of the Project and provides Developer with a vested right to develop the Project.
F. The City has prepared an Initial Study/Mitigated Negative Declaration for the Project (“IS/MND ”) and held hearings pursuant to the California Environmental Quality Act (“CEQA”) (set forth in Public Resources Code, Section 21000 et seq.). On February 26, 2025, the City circulated the IS/MND for public review and comment for a period through March 28, 2025.
G. Prior to or concurrently with approval of this Agreement, the City has taken or will take the following actions in connection with the development of the Project on the Property:
(a) Certification of the IS/ MND by Resolution No. 2025-116 adopted by the City Council on October 14, 2025, following review and recommendation by the Planning Commission;
(b) Approval of the Mitigation, Monitoring and Reporting Plan (“MMRP”) by Resolution No. 2025-116 adopted by the City Council on October 14, 2025 following review and recommendation by the Planning Commission; (c) Planned Development Rezoning of the Property by Ordinance No. 1627, adopted by the City Council on [_] following review and recommendation by the Planning Commission;
(d) Planned Development Plan, including a Master Sign Program, by Ordinance No. 1627, adopted by the City Council on [_], following review and recommendation by the Planning Commission;
(e) Approval of Transportation Demand Management Plan by the Planning Commission on September 2, 2025;
(f) Approval of Design Review by the Planning Commission on September 2 , 2025;
(g) Approval of Grading & Dirt Haul Certificate by the Planning Commission on September 2, 2025.
The approvals and development policies described in this Recital G, together with this Agreement, are collectively referred to herein as the “Project Approvals.” H. The Development Agreement Statute provides that the purpose of development agreements is to strengthen the public planning process, encourage comprehensive planning, obtain private participation in meeting community needs, and reduce uncertainty in the approval of development. The City has determined that by entering into this Agreement, City will further the purposes set forth in the Development Agreement Statute and City will benefit from the redevelopment of the Property, including monetary contributions to the City, underground electrical and green infrastructure, reimbursement for trees or window treatments on Hall Street , and other benefits provided in this Agreement.
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3 I. The terms and conditions of this Agreement have undergone review by City staff, the Planning and Transportation Commission and the City Council at publicly noticed meetings and have been found to be fair, just and reasonable and in conformance with the goa ls, policies, standards and land use designations specified in the City’ s 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.
J. On September 2 , 2025 , after a duly noticed public hearing, the Planning Commission, the initial hearing body for purposes of development agreement review, adopted its Resolution No. 2025-10 recommending approval of this Agreement to the City Council. After duly noticed public hearings, on October 14, 2025, the City Council introduced Ordinance No. 1628 approving this Agreement ( “Enacting Ordinance ”), and adopted it on [_]. The Enacting Ordinance will become effective on [_], thirty (30) days thereafter.
A G R E E M E N T
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions.
“789 Owner” is defined in Recital C.
“789 Owner Property” is defined in Recital C.
“789 PSA” is defined in Recital C.
“Additional Project Approvals” is defined in Section 9.1. “Administrative Project Amendment” is defined in Section 8.3.2. “Affiliate of Developer” means an entity or person that directly or indirectly controls, is controlled by, or is under common control with Developer. For the purposes of this definition, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity or person, whether through the ownership of voting securities, by contract, or otherwise, and the terms “controlling” and “controlled” have the meanings correlative to the foregoing.
“Agreement” means this Development Agreement.
“Agreement Amendment” is defined in Section 8.1.3.
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4 “Applicable City Regulations ” means (a) all City policies, standards and specifications set forth in this Agreement and the Project Approvals, including the specific conditions of approval adopted with respect to the Project Approvals; (b) with respect to matters not addressed by thi s Agreement or the Project Approvals but governing permitted uses of the Property, building locations, sizes, densities, intensities, design and heights, site design, setbacks, lot coverage and open space, and parking, those City ordinances, rules, regulations, official policies, standards and specifications in force and effect on the Effective Date; and (c) with respect to all other matters, including building, plumbing, mechanical and electrical codes, those New City Laws which may be applied to the Project and Developer pursuant to the terms of this Agreement, including but not limited to Section 3.2.
“Applicable Laws” means (a) all State and Federal laws and regulations applicable to the Property and the Project as enacted, adopted and amended from time to time; and (b) the Applicable City Regulations.
“Assignment and Assumption Agreement” is defined in Section 10.1. “Building” is defined in Recital D.
“Certificate of Occupancy ” or “COO ” means an official document issued by the City Building Official that certifies that the Building (not including any tenant improvements) proposed as part of the Project has been inspected and determined to comply with the Project Approvals, including the applicable California Building Standards Code and the City’s local ordinances which govern construction and occupancy. A “temporary” COO confirms the B uilding is safe for the proposed temporary use or occupancy but is still subject to a punch list of items required to be complete to obtain a final COO. A “final” COO means the B uilding has been inspected and determined safe for the proposed use and occupancy and all final punch list items are complete. “CEQA” is defined in Recital F.
“CEQA Guidelines” means those certain State CEQA Guidelines (set forth in California Code of Regulations section 15000 et seq.).
“Changes in the Law” is defined in Section 3.8.
“City” means the City of San Carlos, a California municipal corporation. “City Party” and “City Parties” are defined in Section 9.10. “Claims” means liabilities, obligations, orders, claims, damages, fines, penalties and expenses, including reasonable attorneys’ fees (which may include, without limitation, reasonable City Attorney’s time as a pass-through cost without markup) and costs. “Connection Fees” means those fees charged by City or by a utility provider to utility users as a cost for connecting to water, sanitary sewer and other applicable utilities. “Community Benefits” is defined in Section 5.1.
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5 “Community Development Director” means the Director of Community Development of the City of San Carlos, or his/her designee.
“Courtyard” is defined in Section 5.6.
“Courtyard Hours” is defined in Section 5.6.
“Default” is defined in Section 11.1.
“Developer” means BRANSTEN ROAD ASSOCIATES LLC, a Delaware limited liability company.
“Developer Party” and “Developer Parties” are defined in Section 9.10. “Developer Permitted Transfer” is defined in Section 10.1. “Developer Property” is defined in Recital B.
“Development Agreement Statute” is defined in Recital A. “Effective Date” is defined in Section 2.1.
“Enacting Ordinance” is defined in Recital J.
“Exactions” means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation of land; and obligations to construct on-site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable City Regulations. For purposes of this Agreement, Exactions do not include Impact Fees.
“Existing Traffic Impact Fee” is defined in Section 4.1.1. “Expiration Date” is defined in Section 2.2.1.
“Finding of Compliance” is defined in Section 6.1.3(a). “Finding of Noncompliance” is defined in Section 6.1.3(b). “First Tier Hall Street Lot” is defined in Section 5.1.3. “Force Majeure Delay” is defined in Section 2.2.2.
“General Plan ” means the General Plan of the City of San Carlos in effect as of the Effective Date.
“Good Neighbor Payment” is defined in Section 5.1.
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6 “Ground Floor Space” is defined in Section 5.4.
“Ground Floor Space Conditions” is defined in Section 5.4. “Impact Fees ” means the monetary amount charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the development project or development of the public facilities related to the development project, including, any “fee” as that term is defined by Government Code Section 66000(b). For purposes of this Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction, will be considered to be an Impact Fee. Impact Fees do not include Other Agency Fees.
“Insubstantial Amendment” is defined in Section 8.1.2(b). “IS/MND” is defined in Recital F.
“Litigation Challenge” is defined in Section 9.6.
“MMRP” is defined in Recital G.
“Mortgage” is defined in Section 7.1.
“Mortgagee” is defined in Section 7.1.
“Municipal Code” means the Municipal Code of the City of San Carlos 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, adopted, enacted or amended by the City (including but not limited to any City agency, body, department, officer or employee) or its electorate (through the power of initiative or otherwise) after the Effective Date.
“Office/R&D” is defined in Section 4.1.1.
“Official Records” is defined in Section 12.17.
“Operating Memorandum” is defined in Section 8.1.2.
“Other Agency” or “Other Agencies” means any other public agency (individually) and other public agencies (collectively) having jurisdiction over the Property or the Project. “Other Agency Fees” is defined in Section 4.2.
“Other Agency Additional Approvals ” means Additional Project Approvals to be obtained from entities other than City.
“Party/Parties” is defined in the introductory paragraph preceding the Recitals of this Agreement.
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7 “Planning Commission” means the Planning Commission of the City of San Carlos. “POPA Easement” is defined in Section 5.6.
“Prevailing Wage Laws” is defined in Section 9.9.
“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, encroachment permits, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for and in effect at the time such work occurs, and which are intended to cover the actual costs of processing the foregoing, and which may include the cost of retaining outside contractors for plan checking or other purposes and City’s administrative expenses related to such retention as set forth in Section 9.3.
“Project” is defined in Recital D.
“Project Approvals” is defined in Recital G.
“Property” is defined in Recital C.
“Public Parking Spaces” is defined in Section 5.5.
“Quarter End” is defined in Section 5.1.3.
“Reimbursement Request Deadline” is defined in Section 5.1.3. “Revised Traffic Impact Fee” is defined in Section 4.1.1. “Second Tier Hall Street Lot” is defined in Section 5.1.3. “Term” is defined in Section 2.2.1.
ARTICLE 2
EFFECTIVE DATE AND TERM
2.1 Effective Date. This Agreement shall become effective upon the later to occur of (i) the date the Enacting Ordinance is effective and (ii) execution by the Parties ( “Effective Date”).
2.2 Term.
2.2.1 Term of Agreement . The “ Term” of this Agreement shall commence on the Effective Date and shall expire upon the earliest to occur of the following: (1) the issuance of a final Certificate of Occupancy for the Project; (2) termination of this Agreement in accordance with its terms, incl uding without limitation this Section
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8 2.2; or (3) the fifteenth (15th) anniversary of the Effective Date. Upon such termination, this Agreement shall be deemed terminated and of no further force and effect, subject, however, to the extension provisions set forth in Section 2.2.2 and Section 2.2.3, and subject to Section 11.8 below and those provisions that expressly survive termination. Termination of the Term as it may be extended is referred to herein as the “Expiration Date.” City shall have the right to extend the Term if it deems necessary for Developer to satisfy all its obligations under this Agreement.
2.2.2 Force Majeure Delay; Extension of Times of Performance. Subject to the limitations set forth below, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended (except as otherwise excluded or qualified herein), where delays are unavoidable and beyond the reasonable control of the Party seeking the delay and actually prohibit, prevent or delay performance due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; pandemics or epidemics; quarantine restrictions; freight embargoes ; governmental restrictions or priority; litigation and arbitration, including court delays; legal challenges to this Agreement, the Project Approvals, or any other approval required for the Project or any initiatives or referenda regarding the same; environmental conditions, pre - existing or discovered; unusually severe weather but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed twenty (20) days for every winter season occurring after Commencement of Construction of the Project; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity (except that acts or failures to act of City shall not excuse performance by City) ; moratorium (each a “Force Majeure Delay”). A Party’s financial inability to perform or obtain financing or adverse economic conditions generally shall not be grounds for claiming a Force Majeure Delay. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if written notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause.
If written notice is sent after such sixty (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such notice.
Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. The Term of this Agreement shall not be subject to extension for any Force Majeure Delay.
2.2.3 Extension of Term for Commencement of Construction of the Project. If the Developer is in good faith compliance with this Agreement, the City Manager may in his or her reasonable discretion enter in an Insubstantial Amendment to extend the Term until a final Certificate of Occupancy has been issued for all buildings and structures shown in the Project Approvals; provided, however, that the extension shall not exceed two (2) years and notwithstanding such extension, the Term shall expire and this Agreement s hall terminate if after commencement of construction of the Project, work stops for more than six (6) consecutive months.
Upon such termination, this Agreement shall be deemed terminated and of no
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9 further force and effect except for those provisions that expressly survive termination.
2.3 City Representations and Warranties. City represents and warrants to Developer that, as of the Effective Date:
2.3.1 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.
2.3.2 The execution and delivery of this Agreement and the performance of the obligations of City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained.
2.3.3 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 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 Developer.
2.4 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:
2.4.1 Developer is duly organized and validly existing under the laws of the State of Delaware, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.
2.4.2 The execution and delivery of this Agreement and the performance of the obligations of Developer hereunder have been duly authorized by all necessary company action and all necessary member approvals have been obtained.
2.4.3 This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.
2.4.4 Developer has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally.
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 2.4 not to be true, immediately give written notice of such fact or condition to City.
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10 ARTICLE 3
DEVELOPMENT OF PROPERTY
3.1 Vested Rights. The City hereby grants to Developer the present vested right to develop and construct on the Property all the improvements authorized by, and in accordance with, the Project Approvals. To the extent permitted by Applicable Laws, and except as otherwise provided herein, no future modification of the City’s General Plan, Municipal Code, ordinances, policies or regulations shall apply to the Property that purports to: (i) limit the permitted uses of the Property, the density and intensity of use, or the maximum height and size of proposed buildings; (ii) impose requirements for reservation or dedication of land for public purposes or requirements for infrastructure, public improvements, or public utilities, other than as provided in the Project Approvals or pur suant to this Agreement; (iii) impose conditions upon development of the Property other than as permitted by the Applicable Laws, Changes in the Law, the Project Approvals and this Agreement; (iv) limit the timing, phasing or rate of development of the Property; provided, however, that nothing in this Agreement shall prevent or preclude City from adopting any land use ordinances, policies, regulations or amendments permitted herein or relieve Developer of its obligation to develop the Property within the times provided in this Agreement; (v) limit the location of building sites, grading or other improvements on the Property in a manner that is inconsistent with or substantially more restrictive than the limitations included in this Agreement or the Project A pprovals; (vi) frustrate in a more than insignificant way the intent or purpose of the Project Approvals in relation to the Project; (vii) limit or control the ability to obtain public utilities, services, or facilities; (viii) require the issuance of additional permits or approvals by the City other than those required by Applicable Laws; or (ix) limit the processing or procuring of applications and approvals of Additional Project Approvals.
3.2 Reservations of Authority. The Parties acknowledge and agree that City is restricted in its authority to limit its police power by contract. This Agreement shall be construed to reserve to City all such power and authority which cannot be restricted by contract.
Notwithstanding any other provision of this Agreement to the contrary, the following regulations and provisions shall apply to the development of the Project:
3.2.1 Except as otherwise provided in Section 4.1, Processing Fees, Connection Fees and other fees of every kind and nature imposed by the City, and any increase or modification to those fees that are in force and effect at the time land use or development permits, approvals or entitlements are applied for or issued on any or all portions of the Project.
3.2.2 Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure then applicable in City at the time of permit application.
3.2.3 Regulations governing construction standards and specifications, including City’ s building code, plumbing code, mechanical code, electrical code, fire code and grading code, and all other uniform construction codes then applicable in City at
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11 the time of permit application , and any regional changes to any uniform construction code then applicable in City at the time of building permit application, provided such New City Laws are uniformly applied on a City- wide basis to all substantially similar types of development projects and properties.
3.2.4 New City Laws applicable to the Property or Project, which do not conflict with this Agreement.
3.2.5 New City Laws which may be in conflict with this Agreement but which are necessary to protect persons or property from dangerous or hazardous conditions which create a threat to the public health or safety or create a physical risk, based on findings by the City Council identifying the dangerous or hazardous conditions requiring such changes in the law, why there are no feasible alternatives to the imposition of such changes, and how such changes would alleviate the dangerous or hazardous condition. City’s decision to apply New City Laws to the Project shall be reviewed based on substantial evidence, and this section shall not be construed to impose the requirements set forth in Government Code Section 65589.5.
3.2.6 Exactions required by this Agreement, the Project Approvals or any Additional Project Approvals.
3.3 Regulation by Other Public Agencies . Developer acknowledges and agrees that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. Developer shall, at the time required by Developer in accordance with Developer ’s construction schedule, apply for all such other 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 Project. Developer shall also pay all required fees, including Other Agency Fees, when due to such public agencies. Developer acknowledges that City does not control the amount of any such fees. City shall reasonably cooperate with Developer in Developer ’s effort to obtain such permits and approvals; provided, however, City shall have no obligation to incur any costs, without compensation or reimbursement by Developer, or to amend any policy, regulation or ordinance of City in connection therewith.
3.4 Life of Project Approvals; Termination.
3.4.1 Generally. Except as otherwise expressly provided herein, the term of any and all Project Approvals shall automatically be extended for the longer of the Term of this Agreement or the term otherwise applicable to such Project Approvals, subject to the provisions of this Section 3.4. The termination of this Agreement at the end of the Term set forth in Section 2.2.1 shall have no effect on the Project Approvals, subject to the provisions in Section 3.4.2 below; provided, however, if this Agreement is terminated by either Party before expiration of the Term other than by Developer due to a Default by City, this Agreement and all Project Approvals shall terminate and have no further force or effect.
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12 3.4.2 Continuing Vested Rights. In order to address and clarify Developer ’s ability to build and operate the Project after the Expiration Date if not yet completed, the Parties agree that the following terms shall govern Developer’s vested rights. (a) Provided Developer has satisfied all its obligations under this Agreement as of the Expiration Date and termination of this Agreement, and Developer has obtained a final Certificate of Occupancy for the Project, the Project Approvals shall continue in effect as required for operation and use of the Project, subject only to California law that may apply to continued reliance on such approvals.
(b) If development of the Project has not been completed as of the Expiration Date and termination of this Agreement, Developer may continue work after such termination and may complete the Project as approved by the Project Approvals so long as the following conditions are satisfied:
(i) As of the Expiration Date Developer is not in Default, or if subject to a breach that has not yet been cured then Developer may not exercise its rights under this Section 3.4.2(b) unless and until it timely cures the breach in the reasonable judgment of City; (ii) As of the Expiration Date, physical site work has commenced and qualifies for vesting under California common law established by Avco Community Builders v. South Coast Regional Commission, 17 Cal.3
rd 785 (1976), provided such work does not stop for six (6) consecutive months or longer; and
(iii) As of the Expiration Date, Developer has satisfied all applicable mitigation measures and conditions of approval adopted by City as part of the Project Approvals that have come due as and when required.
(c) If Developer fails to satisfy all conditions under Section 3.4.2(b) by the Expiration Date, the following shall apply with regard to future development or operation of the Project:
(i) Developer’s vested rights secured by this Agreement with regard to the Project shall terminate and all Project Approvals shall be deemed terminated and may not be relied on by Developer or the Project, notwithstanding any ability under Applicable City Regulations that may provide for extensions of the Project Approvals; and (ii) Developer shall have no vested right to construct or continue construction of the Project without first obtaining new City discretionary approvals then required.
(d) The
terms and conditions of this Section 3.4.2 and their enforcement shall survive expiration or termination of this Agreement.
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13 3.5 Initiatives. If any New City Law is enacted or imposed by a citizen-sponsored initiative or referendum, which New City Law would conflict with the Project Approvals or this Agreement or reduce the development rights or assurances provided by this Agreement, such New City Law shall not apply to the Property or Project; provided, however, the Parties acknowledge that City’s approval of this Agreement is a legislative action subject to referendum. Without limiting the generality of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting any entitlements or permits to use that are approved or to be approved, issued or granted by City shall apply to the Property or Project. Developer agrees and understands that City does not have authority or jurisdiction over any other public agency’ s ability to grant governmental approvals or permits or to impose a moratorium or other limitations that may affect the Project. City shall reasonably cooperate with Developer and, at Developer’s expense, undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City, except to submit to vote of the electorate initiatives and referendums required by law to be placed on a ballot and fulfill any legal responsibility to defend a ballot measure passed by its voters, shall not support, adopt or enact any New City Law, or take any other action which would violate the express provisions or spirit and intent of this Agreement.
3.6 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 developm ent 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 Project 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. However, if Developer proceeds with the Project, Developer shall meet its obligation to provide the public benefits described in Article 5 within the times provided therein.
3.7 No Conflicting Enactments. Except as otherwise provided in this Agreement, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any New City Law that is in conflict with this Agreement or the Project Approvals. Without limiting the generality of the foregoing, the City shall not (i) apply to the Property any change in land use designation or permitted use of the Property; (ii) limit or control the ability to obtain public utilities, services, or facilities; (iii) limit or control the uses; building setbacks, square footage, dimensions, floor plates, height; or location of buildings and structures; or spacing between buildings in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals or this Agreement; or (iv) limit or control the rate, timing, or sequencing of the approval,
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14 development or construction of all or any part of the Project or Project Approvals , except as otherwise provided in this Agreement or the Project Approvals.
3.8 Changes in the Law. As provided in Section 65869.5 of the Development Agreement Statute, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than the City, created or operating pursuant to the laws of the State of California (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law, and City and Developer shall agree to such action as may be reasonably required. Nothing in this Agreement shall preclude Developer from contesting by any available means (including administrative or judicial proceedings) the applicability to the Project of any such Changes in the Law.
3.9 No Reservation of Sanitary Sewer or Potable Water Capacity . City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water and sanitary sewer capacity to serve future development contemplated by the General Plan, including the Project. However, nothing in this Agreement is intended to exempt the Project or the Property from any water use rationing requirements that may be imposed on a City-wide basis from time to time in the future or be construed as a reservation of any existing sanitary sewer or potable water capacity. Nonetheless, to the maximum extent permitted by law and consistent with its authority, City upon Developer ’s request shall cooperate with Developer (at no expense to City) in Developer ’s effort to reserve such capacity for sewer and water services as may be necessary to serve the Project.
ARTICLE 4
FEES AND OTHER CHARGES
4.1 City Fees.
4.1.1 Impact Fees. Developer shall pay when due all existing Impact Fees applicable to the Project in accordance with this Agreement in effect as of the Effective Date at the lower of (i) the rates in effect as of the Effective Date, including all existing fee escalation provisions (including without limitation the escalation provision set forth in Resolution No. 2016- 108) or (ii) the rates in effect when such existing 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 or pay any new Impact Fees enacted or established after the Effective Date. Notwithstanding the foregoing, the Parties acknowledge and agree that City intends to undertake a new nexus study to support revisions to the traffic Impact Fee codified in Chapter 8.50 of the Municipal Code in effect as of the Effective Date (“Existing Traffic Impact Fee”). In the event that City adopts
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15 a revised traffic Impact Fee by December 31, 2030 (“Revised Traffic Impact Fee”), and the Revised Traffic Impact Fee applicable to office/research and development (“Office/R&D”) uses is different than the Existing Traffic Impact Fee applicable to Office/R&D uses, the Project thereafter shall be subject to the Revised Traffic Impact Fee applicable to Office/R&D uses; provided that in no event shall the Revised Traffic Impact Fee applicable to Office/R&D uses in the Project exceed one hundred and fifty percent (150%) of the Existing Traffic Impact Fee applicable to Office/R&D. No revisions to traffic Impact Fees applicable to Office/R&D uses subsequent to the Revised Traffic Impact Fee shall apply to the Project. The traffic Impact Fee for all uses in the Proj ect other than Office/R&D uses shall be the Existing Traffic Impact Fee. The Impact Fees itemized on Exhibit E represent the Parties’ good faith effort to identify the Impact Fees applicable to the Project. City and Developer agree to amend and restate Exhibit E, as necessary, in the event one or more Impact Fees have been inadvertently omitted or if any cost or credit amounts have been inadvertently miscalculated.
4.1.2 All Other City Fees . Except as otherwise provided in Section 4.1.1 above as to Impact Fees, Developer agrees to pay when due any existing, new, increased or modified fees, including Processing Fees and Connection Fees, at the rates then in effect at the time land use or development permits, approvals or entitlements are applied for or issued on any or all portions of the Project so long as any new fees or increases in existing fees from the amount existing as of the Effective Date applies on a Citywide basis and is consistent with the provisions of applicable California law, including the provisions of Government Code Section 66000 et seq.
4.1.3 Right to Protest. Developer acknowledges being aware of all City fees in effect as of the Effective Date that might be imposed on the Property and the Project, and Developer accepts and shall not protest or challenge imposition of the types and amounts of such fees in eff ect as of the Effective Date. Other than as specified in the previous sentence, Developer retains all rights to protest an imposition, fee, dedication, reservation, or other exaction, as set forth in California Government Code Section 66020, and nothing in this Agreement shall diminish or eliminate any of Developer ’s rights set forth in such Section 66020. City may impose, and Developer shall comply with and not protest, those Exactions required by this Agreement and the Project Approvals.
4.2 Other Agency Fees . Nothing in this Agreement shall preclude City from collecting fees from Developer that are lawfully imposed on the Project by another agency having jurisdiction over the Project, which the City is required to collect on behalf of such other agencies (“Other Agency Fees”).
4.3 Taxes and Assessments. As of the Effective Date, assessments are in effect and applicable to the Property or the Project as shown on the latest property tax bill for the Property. City is not aware of any pending efforts to initiate or consider new or increased assessments that would apply to the Property or the Project. City may impose and Developer agrees to pay any and all existing, new, modified or increased taxes and assessments, other than Impact Fees, imposed on the Property or the Project in accordance with the laws in effect as of the
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16 date due, at the rate in effect at the time of payment. Nothing herein shall be construed so as to limit Developer from exercising whatever rights it may otherwise have in connection with protesting or otherwise objecting to the imposition of taxes or assessments on the Property, including but not limited to appealing property tax assessments in effect as of the Effective Date; provided, Developer acknowledges being aware of all taxes and assessments in effect as of the Effective Date, and, with the exception of real property tax assessments, Developer accepts and agrees that it shall not protest or challenge their imposition on the Property and the Project. In the event an assessment district is lawfully formed to provide funding for services, improvements, maintenance or facilities which are substantially the same as those services, improvements, maintenance or facilities being funded by the fees or assessments to be paid by Developer under the Project Approvals or this Agreement, then at City’s election, taking into consideration City’s expectations as to when it would receive Developer’s payment of such fees or assessments, either (a) the fees or assessments to be paid by Developer shall be subject to reduction/credit in an amount equal to Developer’s new or increased assessment under the assessment district, or (b) the new assessment district shall reduce/credit Developer’s new assessment in an amount equal to such fees or assessments to be paid by Developer under the Project Approvals or this Agreement.
ARTICLE 5
DEVELOPER COMMUNITY BENEFITS COMMITMENTS
5.1 Public Benefits. Developer shall perform and provide the community benefit obligations described in this Section 5.1 (“Community Benefits”) in consideration for City permitting greater heights for the Buildings and a greater density for the Project than would otherwise be permitted under Applicable Law and in consideration for the rights and benefits conferred by City to Developer under this Agreement.
5.1.1 Developer’s Monetary Contribution. Developer shall pay City $2,448,955 prior to the issuance of the first building permit for the Project . City shall deposit Developer’s payment into the City fund(s) of its choice, in its sole discretion, for expenditure by City in accordance with the terms of the fund.
5.1.2 Electrical and Green Infrastructure. Prior to the issuance of a certificate of occupancy for the Project, Developer shall have completed extension of the underground electrical and green infrastructure from the northwest corner of the Property to Terminal Way, as more particularly described in Exhibit G. The work described in this Section 5.1.2 shall be deemed to have a value of $1,751,045.
5.1.3 Good Neighbor Payment. Prior to the issuance of the first building permit for the Project, Developer shall pay to the City a lump sum amount equal to THIRTY THOUSAND and 00/100 DOLLARS ($30,000.00) that City may pay to the residents of Hall Street for a tree or window treatments for windows facing the Project in the form of a reimbursement (“Good Neighbor Payment ”). Upon Developer’s delivery of the Good Neighbor Payment to the City, Developer shall
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17 have no further obligations or responsibilities with respect thereto and shall have no liability in connection therewith.
Thereafter, City shall deliver an offer to reimburse the owner(s) of each residential lot addressed as 1005 Hall Street to 1063 Hall Street, representing the lots on the south side of Hall Street ( each individually, a “ First Tier Hall Street Lot ” and collectively “First Tier Hall Street Lots”) for the cost to install one (1) tree in the backyard of each First Tier Hall Street Lot or to apply window treatments to the windows on the First Tier Hall Street Lot that face the Project , but not to exceed Three Thousand Dollars ($3,000). The offer shall include instructions and a deadline for delivering acceptance to City. The offer shall require that the owner(s) of each First Tier Hall Street Lot deliver City evidence of the actual costs incurred to install the tree or apply window treatments.
If the owners of one or more First Tier Hall Street Lots fail to provide an acceptance on or before the City’s stated deadline, or fail to deliver City evidence of actual costs as stated above, City may in its sole and absolute discretion elect to (a) use the remaining portion of the Good Neighbor Payment to reimburse the owner(s) of one or more residential lots on Hall Street or Cherry Street between Old County Road and Industrial Road (each individually a “Second Tier Hall Street Lot” and collectively “Second Tier Hall Street Lots”) for the cost to install one (1) tree in each such Second Tier Hall Street Lot’s backyard or to apply window treatments to the windows on the Second Tier Hall Street Lot that face the Project, but not to exceed Three Thousand Dollars ($3,000) following the procedures described in the paragraph immediately above or (b) deposit the remaining portion of the Good Neighbor Payment into the City’s street tree/neighborhood improvement fund that was originally established for the area east of Old County Road to Industrial Road and extending north from Hall Street to Northwood Drive in accordance with the conditions of approval for the Transit Village Project.
5.2 Recycled Water Pipe. At the time of issuance of a Certificate of Occupancy for the Project, 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.
5.3 Sales Tax Point of Sale Designation . The Developer shall use good faith, diligent efforts to the extent allowed by law to require all persons and entities providing materials to be used in connection with the construction and development of, or incorporated into, the Project, including by way of illustration but not limitation bulk lumber, concrete, structural steel, roof trusses and other pre -fabricated building components, to (a) obtain a use tax direct payment permit; (b) elect to obtain a subcontractor permit for the job site of a contract valued at $5 Million Dollars or more; or (c) otherwise designate the Property as the place of use of material used in the construction of the Project and the place of sale of all fixtures installed in and/or furnished in order to have the local portion of the sales and use tax distributed directly to City instead of through the county- wide pool. Developer shall instruct its general contractor(s) for the Project to, and shall cause such general
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18 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 and to the extent allowed by law. This Section 5.3 shall not apply to tenants who perform their own tenant improvement work.
5.3.1 To assist City in its efforts to ensure that such local sales/use tax is so allocated to City, Developer shall on an annual basis, or as frequently as quarterly upon City’ s request, provide City with such information as shall be reasonably requested by City regarding subcontractors working on the Project with contracts in excess of the amount set forth above, including a description of all applicable work and materials and the dollar value of such subcontracts, and, if applicable, evidence of their designation, such as approvals or applications for the direct payment permit, of City as the place of use of such work and materials. City may use such information to contact each subcontractor who may qualify for local allocation of use taxes to City. Notwithstan ding the foregoing, the failure of any general contractor(s) or subcontractor(s) to allocate sales and use tax revenues as provided herein or to comply with this Section 5.3.1 shall not constitute a breach by Developer under this Agreement.
5.4 Publicly Accessible Ground Floor Space. If (i) any Building is occupied by more than one tenant, and (ii) such Building includes ground floor common space that is used as a restaurant/café or for retail use (“Ground Floor Space”), then such restaurant/café or retail use will be open to the public during such hours as the restaurant/café or retail use is open for operation, subject to the Developer’s reasonable rules and regulations related to safety, maintenance and repairs (“Ground Floor Space Conditions”).
5.5 Public Parking. If the Ground Floor Space Conditions are satisfied, then in the building permit application for tenant improvements for the Ground Floor Space Developer shall designate a reasonable number of parking spaces for public use for visitors of the Ground Floor Space at no charge (“Public Parking Spaces”) and City shall review and comment on Developer’s proposed Public Parking Spaces . Upon the issuance of the Certificate of Occupancy for the tenant improvements for the Ground Floor Space, Developer shall make the City’s approved Public Parking Spaces available for use . The Public Parking Spaces shall be marked with clear signage and available for the public’s use during the hours that the Ground Floor Space is open to the public.
5.6 Publicly Accessible Courtyard and POPA Easement. The outdoor ground floor courtyard area identified as “COURTYARD” and outlined in red on Exhibit I attached hereto (“Courtyard”) shall be open to the public during the longer of daylight hours (sunrise to sunset) or the hours that the Ground Floor Space is open for operation (“Courtyard Hours”), subject to the Developer’s reasonable rules and regulations related to safety, maintenance and repairs as provided herein. P rior to the issuance of final Certificate of Occupancy for the Project, Developer shall execute and record an easement and maintenance agreement providing for public access to the Courtyard, in substantially the form attached hereto as Exhibit H (“POPA Easement ”). Subject to the Developer’s reasonable rules and regulations related to safety, maintenance and repairs, as well as improvements/renovations that meet the spirit and intent of the POPA Easement and
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19 subject to the reasonable approval of the Community Development Director, t he POPA Easement shall require Developer to allow public access to the Courtyard during the Courtyard Hours. The POPA Easement shall allow Developer to temporarily exclude the public or temporarily limit public access to portions of the Courtyard if necessary to address safety concerns and perform maintenance and repairs to improvements within or immediately adjacent to the Courtyard and to allow a reasonable limited number of private events per year for tenants of the Project and for non- profit or community events. The POPA Easement shall require Developer to maintain the Courtyard at all times and indemnify and hold City harmless from any and all Claims arising from or relating to t he design, construction, or maintenance of the Courtyard and the public’s use thereof. The POPA Easement shall terminate in the event that (i) the Project is demolished or (ii) the Project undergoes a substantial change that is not already permitted under the Project Approvals and public access cannot be maintained by modifying the boundaries of the Courtyard, provided that the POPA Easement shall not terminate in the event of demolition and reconstruction of any building or buildings in the Project following a casualty.
ARTICLE 6
ANNUAL REVIEW
6.1 Periodic Review.
6.1.1 As required by the City of San Carlos City Code Section 18.37.080, Developer shall be required to demonstrate compliance with the provisions of the Agreement at least once a year at which time the Community Development Director shall review the Agreement. The annual review required by California Government Code Section 65865.1 and Section 18.37.80 of the San Carlos Municipal Code shall be conducted for the purposes and in the manner stated in those laws as further provided herein. The procedure set forth in this Article shall be used by Developer and City in complying with the annual review requirement. The City and Developer agree that the annual review process shall review compliance by Developer with the obligations under this Agreement but shall not review compliance with other Project Approvals.
6.1.2 Developer Compliance Letter. No later than the last business day of January of each year, Developer shall submit a letter to the Community Development Director demonstrating Developer’s good faith compliance with the material terms and conditions of this Development Agreement and shall include in the letter a statement that the letter is being submitted to City pursuant to the requirements of Government Code Section 65865.1.
6.1.3 Community Development Director Review. Within thirty (30) days after the receipt of Developer’s letter pursuant to Section 6.1.2, the Community Development Director shall review Developer’s submission and determine on the basis of substantial evidence whether Developer has, for the year under review, demonstrated good faith compliance with the material terms and conditions of this Development Agreement.
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20 (a) Community Development Director Compliance Finding. If the Community Development Director finds that Developer has so complied, the Community Development Director shall issue and deliver to Developer a written “Finding of Compliance ” in recordable form containing the Community Development Director’s finding that Developer is in good faith compliance with the material terms and conditions of this Agreement for the year under review. The Finding of Compliance may be recorded at the Community Development Director’s or Developer’s discretion. (b) Community Development Director Noncompliance Finding. If the Community Development Director (or the City Council on appeal pursuant to Section 6.2) finds that there is substantial evidence that Developer has not complied in good faith with the material terms and conditions of this Agreement and that Developer is in material breach of this Agreement for the year under review, the Community Development Director shall issue and deliver to Developer a written “Finding of Noncompliance” specifying in detail the nature of the failures in performance that the Community Development Director (or City Council on appeal) claims constitutes material noncompliance, all facts demonstrating substantial evidence of material noncompliance, and the manner in which such noncompliance may be satisfactorily cured in accordance with the Agreement. The Community Development Director shall grant a reasonable period of time for Developer to cure the alleged noncompliance. The Community Development Director shall grant a cure period of at least sixty (60) days and shall consider in good faith a request from Developer that City extend the sixty (60) day period if Developer is proceeding in good faith to cure the noncompliance and additional time is reasonably needed. At the conclusion of the cure period, the Community Development Director shall either (i) find that Developer is in compliance in accordance with Section 6.1.3(a) ; or (ii) find that Developer is not in compliance and the Parties may terminate or modify the Development Agreement by mutual consent pursuant to Government Code Sections 65867 and 65868 and Applicable City Regulations or the Community Development Director may refer the matter to City Council as specified in Section 6.1.4. In the event that the Finding of Noncompliance is disputed by the Parties or is an e vent of Default pursuant to Article 11 herein, the Parties shall be entitled to their respective rights and obligations under both Articles 5 and 7 herein, except that the entity allegedly in default shall be accorded only one of the sixty (60) -day cure periods referred to in Sections 6.1.3(a) and 11.1 herein. A Finding of Noncompliance may be recorded after it becomes final as determined by Section 6.3, provided that in the event City subsequently determines Developer to be in compliance, City shall issue and record a subsequent Finding of Compliance indicating that the prior Finding of Noncompliance has been cured.
6.1.4 Appeal or Referral to City Council.
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21 (a) Referral. If Developer fails to cure any alleged noncompliance to the Community Development Director’s reasonable satisfaction during the prescribed cure period and any extensions thereto, the Community Development Director may refer the alleged noncompliance to the City Council for consideration of termination or modification of the Agreement in accordance with Government Code Sections 65865.1, the Applicable City Regulations, and this Agreement.
(b) Appeal. Within seven (7) days after the Community Development Director’s 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 specify in writing the reasons for the appeal.
6.2 Appeal Hearings. The City Council shall hold a public hearing regarding any referral of noncompliance pursuant to Section 6.1.4(a) or any appeal pursuant to Section 6.1.4(b). City shall deliver notice of the hearing to Developer by certified mail containing: (i) the time and place of the City Council hearings; (ii) a statement as to whether City proposes to terminate or modify this Agreement and the terms of any proposed modi fication; and (iii) any other information reasonably necessary to inform Developer of the nature of the proceedings. At least three business (3) days prior to the hearing, City shall deliver to Developer all staff reports and all other relevant documents p ertaining to the hearings. At the time of the hearings, Developer shall be given an opportunity to be heard. After the public hearings, the City Council may uphold, rescind, or modify the Community Development Director’s findings and issue a Finding of Compliance or a Finding of Noncompliance. In the event the City Council upholds or issues a Finding of Noncompliance, subject to the notice requirements of this section, the City Council may modify or terminate this Agreement, provided that any such modificat ion or termination shall bear a reasonable nexus to, and be proportional in severity to the magnitude of, the alleged noncompliance, and in no event shall termination be permitted except in accordance with Article 11 herein.
6.3 Final Determination . The issuance of a Finding of Compliance by the Community Development Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the Finding of Compliance on such appeal, shall conclude the review for the applicable period and such determination shall be final. At Developer’s request, City shall issue and have recorded a certificate of compliance indicating Developer’s compliance with the terms of this Agreement. The issuance of a Finding of Noncompliance by the City Council shall conclude the review for the applicable period and such determination shall be final.
6.4 Relationship to Default Provisions . The above procedures shall supplement and shall not replace that provision of Section 11.1 of this Agreement whereby either City or Developer may, at any time, assert matters which either Party believes have not been undertaken in accordance with this Agreement by delivering a written notice of Default and following the procedures set forth in said Section 11.1. Notwithstanding the foregoing, following the issuance of any Finding of Noncompliance and expiration of the appeal period without
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22 appeal, or following any City Council hearing upholding any Finding of Noncompliance without any timely legal challenge, City need not issue any notice of Default or allow any further opportunity to cure pursuant to Article 11 and may proceed to terminate this Agreement according to the procedures set forth in Article 11.
ARTICLE 7
MORTGAGEE PROTECTION
7.1 Mortgagee Protection. 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 deed of trust or mortgage ( “Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, 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 a ny person or entity, including any deed of trust beneficiary or mortgagee (“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, subject to the provisions in Section 2.1 limiting the benefits of this Agreement to Developer and its successors but not a separate owner of the Property.
7.2 Mortgagee Not Obligated.
7.2.1 Notwithstanding the provisions of Section 7.1 above, except as specified in Section
7.2.2, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of the Project, or any portion thereof, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with the Project Approvals and this Agreement nor to construct any improvements thereon or institute any uses other than those uses and improvements provided for or authorized by this Agreement and the Project Approvals.
7.2.2 Any Mortgagee or successor in interest to a Mortgagee that is not proceeding to construct or complete construction of the Project pursuant to the Project Approvals and this Agreement must comply with all federal and state law and permit conditions applicable to the Project construction and shall not allow or permit a nuisance.
7.3 Notice of Default to Mortgagee; Right to Cure. With respect to any Mortgage granted by Developer as provided herein, so long as any such Mortgage shall remain unsatisfied of record, the following provisions shall apply:
7.3.1 City, upon serving Developer any notice of Default, shall also serve a copy of such notice upon any Mortgagee at the address for Mortgagee provided to City by Mortgagee or Developer, and no notice by City to Developer hereunder shall affect any rights of a Mortgagee unless and until a copy thereof has been so served on such Mortgagee; provided, however, that failure so to deliver any such notice shall
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23 in no way affect the validity of the notice sent to Developer as between Developer and City.
7.3.2 In the event of a Default by Developer, any Mortgagee shall have the right to remedy, or cause to be remedied, such Default within sixty (60) days following the later to occur of (i) the date of Mortgagee’ s receipt of the notice referred to in Section 7.3.1 above, or (ii) the expiration of the period provided herein for Developer to remedy or cure such Default, and City shall accept such performance by or at the insistence of the Mortgagee as if the same had been timely made by Developer; provided, however, that (a) if such Default is not capable of being cured within the timeframes set forth in this Section 7.3.2 and Mortgagee commences to cure the Default within such timeframes, then Mortgagee shall have such additional time as is required to cure the Default so long as Mortgagee diligently prosecutes the cure to completion and (b) if possession of the Property (or portion thereof) is required to effectuate such cure or remedy, the Mortgagee shall be deemed to have timely cured or remedied if it commences the proceedings necessary to obtain possession thereof within sixty (60) days after receipt of the copy of the notice, diligently pursues such proceedings to completion, and, after obtaining possession, diligently completes such cure or remedy.
7.3.3 Any notice or other communication which City shall desire or is required to give to or serve upon the Mortgagee shall be in writing and shall be served in the manner set forth in Section 12.5, addressed to the Mortgagee at the address provided by Mortgagee to City. Any notice or other communication which Mortgagee shall give to or serve upon City shall be deemed to have been duly given or served if sent in the manner and at City’s address as set forth in Section 12.5, or at such other address as shall be designated by City by notice in writing given to the Mortgagee in like manner.
7.4 No Supersedure. Nothing in this Article 7 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee ’s obligations under any subdivision or public improvement agreement, temporary access agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 7 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 7.3.
7.5 Technical Amendments to this Article 7. City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof and to otherwise cooperate in good faith with Developer at Developer’s expense to facilitate Developer’s negotiations with lenders.
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24 ARTICLE 8
AMENDMENT OF AGREEMENT AND PROJECT APPROVALS
8.1 Amendment of this Agreement.
8.1.1 Amendment of Agreement by Mutual Consent. Except as otherwise expressly provided herein (including but not limited to Section 6.1 relating to City’s annual review and Section 11.3 relating to termination in the event of a Default), this Agreement may be terminated, modified or amended in writing from time to time only by mutual consent of the Parties hereto or their successors -in-interest or assigns, and in accordance with the provisions of Government Code sections 65867, 65867.5 and 65868.
8.1.2 Refinement by Operating Memoranda.
(a) The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation between City and Developer, and during the course of implementing this Agreement and developing the Project refinements and clarifications of this Agreement become appropriate and desired with respect to the details of performance of City and Developer. If and when, from time to time, during the Term of this Agreement, City and Developer agree that such a refinement is necessary or appropriate, City and Developer shall effectuate such refinement through a memorandum (the “Operating Memorandum”) approved in writing by City and Developer, which, after execution, shall be attached hereto as an addendum and become a part hereof. Any Operating Memorandum may be further refined from time to time as necessary with future approval by City and Developer . No Operating Memorandum shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested refinement may be effectuated pursuant to this Section 8.1.2 or whether the requested refinement is of such a character to constitute an amendment hereof pursuant to Section 8.1.3 below. The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City.
(b) Any amendment to this Agreement that, in the context of the overall Project contemplated by this Agreement that does not substantially affect (i) the Term; (ii) permitted uses of the Property; (iii) provisions for the reservation or dedication of land; (iv) conditions, terms, restrictions or requirements for Additional Project Approvals; (v) increases in the density or intensity of the use of the Property or the maximum height or size of proposed buildings; (vi) monetary contributions by Developer; (vii) the provision of Community Benefits described in Article 5 ; or (viii) the nature, timing of delivery, or scope of public improvements required by the Project Approvals or Additional Project Approvals shall be deemed an “ Insubstantial
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25 Amendment”. The City Manager, except to the extent otherwise required by Applicable Law, may approve the Insubstantial Amendment without notice and public hearing.
8.1.3 Agreement Amendments. Any revision to this Agreement which is determined not to qualify for an Operating Memorandum as set forth in Section 8.1.2 shall be deemed an “Agreement Amendment ” and shall require giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The City Manager shall have the authority in her or his reasonable discretion to determine if a proposed revision is an Agreement Amendment subject to this Section 8.1.3 or qualifies for an Operating Memorandum subject to Section 8.1.2.
8.1.4 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 writing which refers expressly to this Agreement and is signed by duly authorized representatives of each Party or their successors.
8.2 Amendments to Development Agreement Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute as those provisions existed as of the date of execution of this Agreement. No amendment or addition to those provisions which would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement, unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected by same unless the Parties mutually agree in writing to amend this Agreement to permit such applicability.
8.3 Amendments to Project Approvals.
8.3.1 Generally. Project Approvals (except for this Agreement the amendment process for which is set forth in this Article 8 ) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer at its sole discretion. All amendments to the Project Approvals shall automatically become part of the Project Approvals. The permitted uses of the Property, the maximum density, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development as set forth in all such amendments shall be automatically vested pursuant to this Agreement, without requiring an amendment to this Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Laws. City shall not request or process any amendment to the Project Approvals that would affect the Property or the Project without Developer ’s prior written consent.
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26 8.3.2 Administrative Amendments of Project Approvals. Upon the request of Developer for an amendment or modification of any Project Approvals (except for this Agreement the amendment process for which is set forth in this Article 8), the City Manager or his or her designee shall determine, at his or her discretion and subject to referral to a hearing body if considered appropriate: (a) whether the requested amendment or modification is minor when considered in light of the Project a s a whole; and (b) whether the requested amendment or modification substantially conforms with the material terms of this Agreement and the Applicable Laws and may be processed administratively. If the City Manager or his or her designee finds that the req uested amendment or modification is both minor and substantially conforms with the material terms of this Agreement and the Applicable Laws, the amendment or modification shall be determined to be an “Administrative Project Amendment,” and the City Manager or his or her designee may approve the Administrative Project Amendment, without public notice or a public hearing.
Without limiting the generality of the foregoing, lot line adjustments, minor reductions in the density, intensity, scale or scope of the P roject, minor alterations in vehicle circulation patterns or vehicle access points, variations in the location of structures that do not substantially alter the design concepts of the Project, substitution of comparable landscaping for any landscaping shown on any development plan or landscape plan, variations in the location or installation of utilities and other infrastructure connections and facilities that do not substantially alter design concepts of the Project, and minor adjustments to a subdivision map or the Property legal description shall be deemed to be minor amendments or modifications. Any request of Developer for an amendment or modification to a Project Approval that is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Laws and this Agreement.
8.4 Reliance on IS/MND. The I S/MND, which ha s been certified by City as being in compliance with CEQA, address es the potential environmental impacts of the entire Project as it is described in the Project Approvals as described in the MMRP. It is agreed that, in acting on any discretionary Additional Project Approvals for the Project, City will rely on the IS/MND to satisfy the requirements of CEQA to the fullest extent permissible by CEQA, and City will not require a new initial study, negative declaration or subsequent or supplemental EIR unless City determines that such additional analysis and processing are required by CEQA and will not impose on the Project any mitigation measures or other conditions of approval other than those specifically imposed by the Project Approvals and the MMRP or specifically required by the Applicable Laws.
8.5 Subsequent CEQA Review. In the event that any additional CEQA documentation is legally required for any discretionary Additional Project Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Additional Project Approval, and City, at Developer’s expense, shall conduct such CEQA review as expeditiously as possible.
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27 ARTICLE 9
COOPERATION AND IMPLEMENTATION
9.1 Additional Project Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Project Approvals , will be necessary or desirable for implementation of the Project (“Additional Project Approvals”). The Additional Project Approvals may include, without limitation, the following: amendments of the Project Approvals, grading permits, building permits, sewer and water connection permits, certificates of occupancy, lot line adjustments, site plans, development plans, land use plans, building plans and specifications, parcel maps and subdivision maps, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon Project development and construction that are inconsistent with the Project Approvals and the terms and conditions of this Agreement. Further, except as expressly provided herein, City shall not exercise discretion in determining whether or how to grant Additional Project Approvals in a manner that would prevent development of the Project for the uses and to the maximum intensity of development set forth in the Project Approvals.
9.2 Scope of Review of Additional Project Approvals. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its authority in considering any application for a discretionary Additional Project Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Additional Project Approvals shall be deemed to be tools to implement those final policy decisions.
9.3 Processing Applications for Additional Project Approvals.
9.3.1 Developer acknowledges that City cannot begin processing applications for Additional Project Approvals until Developer submits complete applications on a timely basis. Developer shall use diligent good faith efforts to (i) 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 (ii) 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 Laws. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Additional Project Approvals.
9.3.2 Upon submission by Developer of all appropriate applications and Processing Fees for any pending Additional Project Approval, City shall, to the full extent allowed by Applicable Laws, 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 Additional Project Approval applications including: (i) if legally required, providing notice and holding public hearings; and (ii) acting on any such pending Additional Project Approval application. Upon Developer ’s request and prior approval, when City deems it
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28 necessary or desirable, City will endeavor to retain consultants to assist in reviewing and processing Developer ’s applications, at Developer ’s expense including any added expense for City staff to retain and supervise such consultants.
City similarly will consider Developer ’s request to arrange overtime staff assistance; provided, Developer acknowledges that City will have other development applications and planning work in process or waiting to be processed from time to time, and Developer ’s Additional Project Approval applications are not entitled to priority treatment to the disadvantage of such other applications and work; and provided further, Developer acknowledges there are practical constraints on City’s ability to arrange staff overtime.
9.4 Other Agency Additional Project Approvals; Authority of City. City shall cooperate with Developer, to the extent appropriate and as permitted by law, in Developer ’s efforts to obtain, as may be required, Other Agency Additional Project Approvals. Notwithstanding the issuance to Developer of Other Agency Additional Project Approvals, Developer agrees that City shall have the right to review, modify, approve and/or re ject any and all submissions subject to the Other Agency Additional Project Approvals which, but for the authority of the other governmental or quasi -governmental entities issuing the Other Agency Additional Project Approvals, would otherwise require City approval. Developer agrees that City may review, modify, approve and/or reject any such materials or applications to ensure consistency with this Agreement and the Project Approvals and Developer shall incorporate any and all changes required by City prior to submitting such materials and applications to the other governmental or quasi -governmental entities for review and/or approval. Other Agencies not wi thin the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Agreement does not limit the authority of such Other Agencies to issue or deny an Other Agency Additional Project Approvals. Nevertheless, City shall be bound by, and shall abide by, its covenants and obligations under this Agreement in all respects when dealing with any such agency regarding the Property. City shall cooperate with Developer, at Developer’s exp ense, to the extent appropriate and as permitted by law, in Developer’s efforts to obtain, as may be required, Other Agency Additional Project Approvals.
9.5 Implementation of Necessary Mitigation Measures and Conditions. Developer shall, at its sole cost and expense, comply with the MMRP requirements and conditions of approval included with the Project Approvals as applicable to the Property and Project.
9.6 Cooperation in the Event of Legal 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 City’ s approval of this Agreement or any of the Project Approvals (each, a “ 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. Developer’s monetary obligations under this Section
9.6 and its subsections shall survive expiration or earlier termination of this Agreement.
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29 9.6.1 Meet and Confer. If a Litigation Challenge is filed, upon receipt of the petition, the Parties will have twenty (20) days to meet and confer regarding the merits of such Litigation Challenge and to determine whether to defend against the Litigation Challenge, which period may be extended by the Parties’ mutual agreement so long as it does not impact any litigation deadlines. The City and Developer mutually commit to meet all required litigation timelines and deadlines. The Parties shall expeditiously enter a joint defense agreement, which will include among other things, provisions regarding confidentiality. The City Manager is authorized to negotiate and enter such joint defense agreement in a form acceptable to the City Attorney. Such joint defense agreement shall also provide that any proposed settlement of a Litigation Challenge shall be subject to City ’s and Developer ’s approval, each in its reasonable discretion. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement, the settlement shall not become effective unless such amendment or modification is approved by Developer, and by City in accordance with Applicable Laws, and City reserves its full legislative discretion with respect thereto.
9.6.2 Defense Election. If, after meeting and conferring, the Parties mutually agree (each in its sole discretion) to defend against the Litigation Challenge, then the following shall apply:
(a) Joint Representation. For the purposes of cost-efficiency and coordination, the Parties shall first consider defending the Litigation Challenge jointly, with counsel and under terms of joint representation mutually acceptable to the City and Developer (each in its sole discretion), at the Developer’s sole cost and expense.
(b) If the Parties cannot reach timely and mutual agreement on a joint counsel, and Developer continues to elect (in its sole discretion) to defend against the Litigation Challenge, then:
(i) 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;
(ii) City may, in its sole discretion, elect to be separately represented by the outside legal counsel of its choice in any such action or proceeding with the reasonable costs of such representation to be paid by Developer;
(iii) 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 necessary and reasonable costs incurred by City in connection with the Litigation Challenge, including City’ s administrative, outside legal fees and costs, and court costs;
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30 (iv) The Parties intend that the City’s role under subsection (b)(ii) shall be primarily oversight although the City reserves its right to protect the City ’s interests, and the City shall make good faith efforts to maximize coordination and minimize its outside legal costs (for example, minimizing filing separate briefs, and duplication of effort to the extent feasible).
(v) For any Litigation Challenge which the Developer has elected to defend under this Section 9.6.2(b) Developer shall indemnify, defend, and hold harmless the City and the City Parties from any liability, damages, claim, action, cause of action, judgment (including City costs to effectuate such judgment, including any 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), loss (direct or indirect), obligation, order, fine, penalty or proceeding (including legal costs, attorneys ’ fees, expert witness or consultant fees, staff time, expenses or costs) related to such Litigation Challenge. “Attorneys’ fees” as used in this Section 9.6.2(b)(v) shall include reasonable City Attorney’ s time as a pass -through cost without markup.
9.6.3 Developer Election Not To Defend. If Developer elects, in its sole and absolute discretion, not to defend against the Litigation Challenge, it shall deliver written notice to the City regarding such decision. If Developer elects not to defend or elects to terminate its defense , the City has the right, but not the obligation, to proceed to defend against the Litigation Challenge and 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 , at its sole cost and expense. If Developer elects not to defend, the City has the right, but not the obligation, to terminate this Agreement and any Project Approvals then in effect, and to consider the Developer’s application for any Additional Project Approvals withdrawn. In the event the City does not terminate this Agreement, then if the terms of a proposed settlement would constitute an amendment or modification of this Agreement, the settlement shall not beco me effective unl ess such amendment or modification is approved by Developer, and by City in accordance with Applicable Laws, and City reserves its full legislative discretion with respect thereto. In the event the Developer does not approve such amendment or modification, the City retains the right, but not the obligation, to terminate this Agreement and any Project Approvals then in effect, and to consider the Developer ’s application for any Additional Project Approvals withdrawn. If Developer elects pursuant to this Section 9.6.3 not to defend against the Litigation Challenge and so notifies City, and City thereafter elects not to defend against the Litigation Challenge, Developer shall be liable for and shall promptly reimburse City for (i) any costs, fees or payments owed as a result of the Litigation Challenge that may be City ’s obligation, whether by judgment, settlement or otherwise, and (ii) all necessary and reasonable costs
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31 incurred by City in connection with the Litigation Challenge, including City’ s administrative, outside legal fees and costs, and court costs.
9.7 Revision to Project. In the event of a court order issued as a result of a successful Litigation Challenge, City shall, to the extent permitted by law or court order, in good faith seek to comply with the court order in such a manner as will maintain the integrity of the Pro ject Approvals and avoid or minimize to the greatest extent possible (i) any impact to the development of the Project as provided for in, and contemplated by, the Project Approvals, or (ii) any conflict with the Project Approvals or frustration of the intent or purpose of the Project Approvals.
9.8 State, Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to carry out in good faith the terms of this Agreement.
9.9 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 Laws including, if and to the extent applicable, all State Labor Code requirements and implementing regulations of the Department of Industrial Relations pertaining to “public works,” including the payment of prevailing wages (collectively, “ Prevailing Wage Laws ”). Developer shall require the contractor(s) for all work that is subject to Prevailing Wage Laws to submit, upon request by City, certified copies of payroll records to City at the Property or at another location within City, and to maintain and make records available to City and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws. Developer shall also include in each of its contractor agreements, a provision in form reasonably acceptable to City, obligating the contractor to require its contractors and/or subcontractors to comply with Prevailing Wage Laws and to submit, upon request by City, certified copies of payroll records to City and to maintain and make such payroll records available to City and its designees for inspection and copying during regular business hours at the contractor ’s or subcontractor’s regular place of business. Developer shall defend (with counsel reasonably acceptable to the City), indemnify, assume all responsibility for, and hold harmless City Parties from and against any and all present and future Claims arising out of or in any way connected with Developer ’s or its contractors ’ or subcontractors’ obligations to comply with all Prevailing Wage Laws, including all Claims that may be made by contractors, subcontractors or other third- party claimants pursuant to Labor Code sections 1726 and 1781. Nothing herein is intended to require compliance with Prevailing Wage Laws beyond what is required by law. Developer hereby waives and releases City Parties from any and all manner of Claims or other compensation whatsoever, in law or equity, of whatever kind or nature, whether known or unknown, direct or indirect, foreseeable or unforeseeable, absolute or contingent, now existing or which may in the future arise, including lost business opportunities or economic advantage, and special and consequential damages, arising out of, directly or indirectly, or in any way connected with Developer ’s obligation
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32 to comply with all Prevailing Wage Laws. Developer is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
INITIALS: DEVELOPER ____________
As it relates to this Section 9.9, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.
9.10 Indemnity and Hold Harmless. Developer shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless the City, including its elected and appointed officers, officials, employees, contractors, representatives and authorized agents (each a “City Party” and collectively “City Parties”) from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction of the Project, and, if applicable from compliance with the terms of this Agreement, and/or from any other acts or omissions of Developer under this Agreement, whether such acts or omissions are by Developer or any of Developer ’s contractors, subcontractors, agents or employees (each a “ Developer Party” and collectively “ Developer Parties ”); provided that Developer’s obligation to indemnify and hold harmless (but not Developer’s duty to defend) shall be limited (and shall not apply) to the extent such Claims are found to arise from the active negligence or willful misconduct of a City Party. Developer shall further indemnify, defend (with counsel reasonably acceptable to City) and hold harmless the City Parties from and against any and all Claims arising from or related to any Developer Party ’s failure to comply with any Applicable Laws, including without limitation Prevailing Wage Laws. Developer ’s obligations under this Section 9.10 shall survive expiration or earlier termination of this Agreement.
ARTICLE 10
ASSIGNMENT
10.1 Transfers. Prior to the issuance of a final Certificate of Occupancy for the Project, neither City nor Developer may assign its rights or delegate its duties under this Agreement, except for Developer Permitted Transfers as defined below, without the express written consent of the other Party, which consent will not be unreasonably withheld or delayed. Developer shall provide the City with written notice of any proposed transfer or assignment of Developer’s rights or obligations hereunder at least thirty (30) days prior to such Assignment and request City’s consent to such transfer, as provided herein. Each such notice of proposed transfer shall be accompanied by reasonable (non-confidential) evidence of the corporate, limited liability company or other legal entity ’s existence and
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33 good standing, experience with similar projects, and financial resources. City may refuse to give consent to a proposed transfer only if, in light of the proposed transferee’s reputation, experience with similar projects, and/or financial resources, such t ransferee would not, in City’s reasonable opinion, be able to perform the obligations proposed to be assumed by such transferee, and such determinations will be made by the City Manager.
Prior to any transfer, the Developer and assignee shall enter into an assignment and assumption agreement in substantially the form of Exhibit F (“Assignment and Assumption Agreement”), and subject to prior approval, which shall not be unreasonably withheld or delayed, of the City Manager and the City Attorney. So long as City has not provided Developer notice of breach before or during City’s review of Developer’s proposed assignment, upon Developer’s and assignee’s execution of the A ssignment and Assumption Agreement, Developer shall be released from any further liability or obligation hereunder related to the portion of the Property and the assignee shall be deemed to be the “Developer,” with all rights and obligations related thereto. The City will review any submittals under this Section within fifteen (15) business days. In the event the City does not respond timely and such submittal clearly identifies this section and the deadline for review, the submittal will be deemed approved. Developer acknowledges that satisfying the terms of this Agreement will achieve certain goals, objectives and public benefits for City which provide material consideration and incentive for City agreeing to enter into this Agreement and agreeing to grant the Project Approvals, and justify certain restrictions on the right of Developer to assign or transfer its interest under this Agreement in order to assure achievement of such goals, objectives, and public benefits, and therefore Developer agrees to and accepts the restrictio ns set forth in this Section 10.1 as reasonable and as a material inducement for City to enter into this Agreement. Developer shall pay the reasonable costs borne by City in connection with its review of the proposed assignment, including costs of attorney review and City staff time.
Notwithstanding any other provision of this Agreement to the contrary, each of following transfers are permitted and shall not require City consent under this Section 10.1 (each a “Developer Permitted Transfer”):
(a) Any transfer for financing purposes to secure the funds necessary for construction and/or permanent financing of the Project; (b) An assignment of this Agreement to an Affiliate of Developer; (c) Dedications and grants of easements and rights of way required in accordance with the Project Approvals; or
(d) Any leasing activity.
ARTICLE 11
DEFAULT; REMEDIES; TERMINATION
11.1 Breach and Default. Subject to extensions of time under Section 2.2.2 or by mutual consent in writing, failure by a Party to perform any action or covenant or satisfy any obligation
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34 required by this Agreement within thirty (30) days following receipt of written notice from another Party specifying the failure shall constitute a “ Default” under this Agreement; provided, however, that if the failure to perform is non-monetary and cannot reasonably be cured within such thirty (30) day period, a Party shall be allowed additional time as is reasonably necessary to cure the failure so long as such Party commences to cure the failure within the thirty (30) day period and thereafter diligently and continuously prosecutes the cure to completion at the earliest practicable date. Notwithstanding the above notice and cure provisions, if such failure to perform by Developer or a circumstance regarding the Project in City ’s reasonable opinion creates a public health or welfare emergency, City may but is not obligated to implement a cure and Developer thereafter shall promptly reimburse City its costs and expenses, including attorney’ s fees. The City shall provide Developer with reasonable notice appropriate for the circumstances of its determination of and nature of the emergency. If notice cannot be given prior to commencement of the cure, the City shall provide the Developer with its explanation of the emergency and a reasonable explanation for why prior notice could not be given.
11.2 Withholding of Permits. In the event of a Default by Developer, or following notice of breach to Developer pursuant to Section 11.1 above and during the cure period provided therein, upon a finding by the City Manager or his or her designee that Developer is in breach, City shall have the right to refuse to issue any permit or other Additional Project Approvals to which Developer would otherwise have been entitled pursuant to this Agreement until such Default or breach is cured. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals.
11.3 Termination. In the event of a Default by a Party, the non-defaulting Party or Parties shall have the right to terminate this Agreement effective immediately upon the defaulting Party’s receipt of the notice of intent to terminate. Termination of this Agreement shall be subject to the provisions of Section 11.8 hereof. The City Clerk shall record a notice of termination of this Agreement with the County Recorder following termination of this Agreement.
11.4 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.
11.5 Resolution of Disputes.
11.5.1 Resolution Prior to Legal Action. With regard to any dispute involving the Project or this Agreement, the resolution of which is not provided for by this Agreement or Applicable Laws, prior to instituting legal action pursuant to Section 11.5.2, a Party shall, at the request of the other Party, meet with designated representatives of the requesting Party promptly following its request, which meeting may be continued by mutual consent. The parties to any such meetings shall attempt in good faith to resolve any such disputes, and by mutual consent may arrange a third party to mediate the dispute. In the event the Parties are not able to resolve the dispute and
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35 reach an agreement within fourteen (14) days of the request, either Party may initiate legal action or take such other actions available under this Agreement or the law. Nothing in this Section 11.5.1 shall in any way be interpreted as requiring that Developer and City and/or City’ s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the parties to such meetings, and the fact of participation in such meetings and any information provided or oral or written statements made by a Party shall not be admissible or otherwise used against the Party in any subsequent legal action. Nothing in this Section 11.5 shall require a Party to postpone instituting any injunctive proceeding or to pursue resolution under this Section 11.5.1 if it believes in good faith that such postponement will cause irreparable harm to such Party.
11.5.2 Institution of Legal Actions. In addition to any other rights or remedies, 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.
11.5.3 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 com menced by City against Developer, service of process on Developer shall be made by personal service upon Chris McKenna, Developer’s registered agent for service of process in California, at c/o J.P. Morgan Asset Management, Real Estate Americas, 560 Mission Street, 5 th
Floor, San Francisco CA 94105, or in such other manner as may be provided by law.
11.6 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 an y other default by another Party, except as otherwise expressly provided herein.
11.7 Limitation on Damages . Notwithstanding anything to the contrary herein, neither Party shall have the right to recover any consequential, special, or punitive damages in the event of a Default by the other Party. In no event shall City or the Indemnified Parties be liable in damages for any default under this Agreement, it being expressly understood and agreed that the sole legal remedy available Developer for a Default by City shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, or to terminate this Agreement. City shall have all remedies available in law or equity, including but not limited to an action in mandamus, specific
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36 performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, or to terminate this Agreement. In addition, City shall have the right to seek actual damages from Developer, including but not limited to enforcing payment of money or the performance of obligations requiring payment of money by Developer under the terms of this Agreement, including but not limited to Sections 5.1, 6.4, 9.6.2, 9.6.3, 10.1,
11.1 and 12.11. As part of recovering such damages, City shall be entitled to interest thereon at the lesser of ten percent (10%) per annum or the maximum rate permitted by law, compounded annually, from the date of expenditure. 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 another Party.
11.8 Surviving Provisions. In the event this Agreement is terminated, no Party shall have any further rights or obligations hereunder, except for those obligations of Developer which by their terms survive expiration or termination, or which are set forth in Section 9.6 (Cooperation in the Event of Legal Challenge).
ARTICLE 12
MISCELLANEOUS PROVISIONS
12.1 Incorporation of Recitals, Exhibits and Introductory Paragraph. The Recitals contained in this Agreement, the introductory paragraph preceding the Recitals and the Exhibits attached hereto are hereby incorporated into this Agreement as if fully set forth herein.
12.2 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties.
12.3 Construction. Each reference herein to this Agreement or any of the Project Approvals or Additional Project Approvals shall be deemed to refer to the Agreement, Project Approval or Additional Project Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. 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. This Agreement has been reviewed and revised by legal counsel for City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. Unless the context clearly requires otherwise, (i) the plural and singular numbers shall each be deemed to include the other; (ii) the masculine, feminine, and neuter genders shall each be deemed to include the others; (iii) “ shall,”
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37 “will,” or “agrees” are mandatory, and “may” is permissive; (iv) “or” is not exclusive; and (v) “include,” “includes” and “ including” are not limiting and shall be construed as if followed by the words “without limitation.”
12.4 Covenants Running with the Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, and all other persons or entities acquiring the Property, or any interest therein, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code Section 65868.5.
12.5 Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Notices and communications may be sent by email to expedite transmittal of information and responses, but shall not be deemed given unless and until followed by transmittal by one of the other processes described in this Section 12.5. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
To City: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: City Manager
With a copy to:
With a copy to:
City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: City Attorney
City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: Director of Community
Development
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38 To Developer:
Bransten Road Associates LLC
c/o J.P. Morgan Asset Management
Real Estate Americas
560 Mission Street, 5th Floor / CA1-0503
San Francisco, CA 94105
Attn: Chris McKenna
Email: [email protected]
With a copy to:
With a copy to:
With a copy to:
With a copy to:
With a copy to:
With a copy to:
Bransten Road Associates LLC
c/o J.P. Morgan Investment Management Inc.
2029 Century Park East Blvd, Suite 4150
Los Angeles, CA 90067
Attn: Michael McGuire
Email:[email protected]
789 Old County Road, LLC
Bransten Road Associates LLC
c/o J.P. Morgan Investment Management Inc.
277 Park Avenue, 36th Floor, NY1-L262
New York, New York 10172
Attn: David Ridley
Email:[email protected]
Gibson, Dunn & Crutcher LLP
2029 Century Park East
Los Angeles, California 90067
Attn: Stuart Graiwer
Email: [email protected]
The Minkoff Group
6272Virgo Road
Oakland, California 94611
Attn: Daniel Minkoff
Email: [email protected]
The Minkoff Group
3388 Las Huertas Road
Lafayette, California 94549
Attn: William Birdsey
Email:[email protected]
Cox, Castle & Nicholson LLP
2029 Century Park East, Suite 2100
Los Angeles, California 90067
Attn: David C. Schwartzman
Email: [email protected]
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39 With a copy to:
Holland & Knight
560 Mission Street, Suite 1900 San
Francisco, CA 94105
Attention: Tamsen Plume
12.6 Counterparts and Exhibits; Entire Agreement. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. This Agreement, together with the Project Approvals and attached Exhibits, constitutes the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to all or any part of the subject matter hereof.
12.7 No Joint Venture or Partnership. It is specifically understood and agreed to by and between the Parties hereto that: (i) the Project is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any public improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Additional Project Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, Project Approvals, Additional Project Approvals, and Applicable Laws; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.
12.8 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 another Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by another Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future.
12.9 California Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. The exclusive venue for any disputes or legal actions shall be the Superior Court of California in and for the County of San Mateo or the US District Court, Northern California District.
12.10 City Approvals and Actions. Whenever 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.
12.11 Estoppel Certificates. A Party may, at any time during the Term of this Agreement, and from time to time, deliver written notice to another Party requesting such Party to certify
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40 in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if amended; identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (iv) any other information reasonably requested t hat relates to implementation of the Agreement. The requesting Party shall be responsible for all reasonable costs incurred by the Party from which such certification is requested and shall reimburse such costs within thirty (30) days of receiving the certifying Party’ s request for reimbursement. The Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within fourteen (14) days following the receipt thereof. The failure of either Party to provide the requested certificate within such fourteen (14) day period shall constitute a confirmation that this Agreement is in full force and effect and no modification or default exists. The Director of Community Development, the Planning Director or the City Manager, or their authorized designee, shall have the right to execute any certificate requested by Developer hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
12.12 No Third Party Beneficiaries . City and Developer hereby renounce the existence of any third party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third party beneficiary status.
12.13 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 the respective legal entities of Developer and City.
12.14 Time. Time is of the essence of this Agreement and of each and every term and condition hereof.
12.15 Days. The word “ days” as used in this Agreement refers to calendar days unless specifically provided otherwise. In the event that any period to perform an obligation or notice period under this Agreement starts or ends on a Saturday, Sunday, or state or national holiday, the applicable time period shall be extended to the next regular City business day.
12.16 Limitation on Liability . In no event shall: (a) any member, partner, officer, director, member, shareholder, employee, affiliate, manager, representative, or agent of Developer or any general partner of Developer or its general partners be personally liable for any breach of this Agreement by Developer, or for any amount which may become due to City under the terms of this Agreement; or (b) any officer, elected or appointed official, agent or employee of City be personally liable for any breach of this Agreement by City or for any amount which may become due to Developer under the terms of this Agreement.
12.17 Recordation of Development Agreement. Pursuant to Government Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of San Mateo (“Official Records”) against the Developer Property. The Parties agree that in light of the 789 PSA, the City and the Developer, with written notice to 789 Owner, shall place this
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41 fully executed Agreement in the same escrow with the 789 PSA with supplemental joint escrow instructions between the City, Developer and 789 Owner to record this Agreement against the 789 Owner Property concurrent with the closing of the transaction contemplated by the 789 PSA. Thereafter, if this Agreement is terminated, modified, or amended, the City Clerk shall record notice of such action in the Official Records of the County of San Mateo.
[Remainder of Page Intentionally Left Blank; Signature Pages Follow]
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42 IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written.
CITY:
City of San Carlos,
a municipal corporation organized and existing
under the laws of the State of California
By:
Jeff Maltbie, City Manager
[signature must be notarized]
State of ) County of )
On , before me, , a 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)
APPROVED AS TO FORM:
By:
Gregory J. Rubens, City Attorney
ATTEST:
By:
Crystal Mui, City Clerk
[Developer signature on next page.]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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43 DEVELOPER:
BRANSTEN ROAD ASSOCIATES LLC,
a Delaware limited liability company
By:
Name: Daniel Minkoff
Title: Authorized Signatory
[signature must be notarized]
State of ) County of )
On , before me, , a 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)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Exhibit A-1
Exhibit A
Developer Property Legal Description
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Exhibit B-1
Exhibit B
Developer Property Map
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Exhibit C-1
Exhibit C
789 Owner Property Legal Description
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Exhibit D-1
Exhibit D
789 Owner Property Map
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Exhibit E-1
Exhibit E
Impact Fees
Commercial Linkage fee
(Chapter 8.51 of the San Carlos Municipal Code)
$5,964,220
Sewer fees (connection and capacity)
(Chapter 13.04 of the San Carlos Municipal Code)
$2,939,832
Traffic impact fee
(Chapter 8.50 of the San Carlos Municipal Code)
$1,196,750
Child Care impact fee
(Chapter 8.52 of the San Carlos Municipal Code)
$1,500,001
Total City impact fees $11,600,803
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Exhibit F-1
Exhibit F
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Attn:
(Space Above for Recorder’s Use)
[FORM OF] ASSIGNMENT OF RIGHTS AND ASSUMPTION OF OBLIGATIONS
UNDER DEVELOPMENT AGREEMENT
(______________)
THIS ASSIGNMENT OF RIGHTS AND ASSUMPTION OF OBLIGATIONS UNDER DEVELOPMENT AGREEMENT (this “Assignment”) is made and entered into as of _________, 20__, by and between _______, a _________ ( “Assignor”), and __________________, a ____________ ( “Assignee”), and approved and agreed to by the City of ______, a ________ (“City”).
RECITALS
A. Assignor and City entered into that certain Development Agreement dated as of ______ for the _____ project, and recorded on _____ in the Official Records of the San Mateo County Recorder’s Office (“ Official Records”) as Document No. _______, (the “Development Agreement”), with respect to approximately ____ acres of land within the City, as more particularly described in Exhibit A attached hereto (the “Property”).
B. Assignor and Assignee have entered into that certain Agreement for Purchase and Sale ____________ dated ____________ (as may be amended from time to time, the “ Purchase Agreement”), pursuant to which Assignor intends to transfer to Assignee the Property.
Concurrently with transfer of the Property to Assignee, and solely in connection with such transfer in accordance with the Purchase Agreement, Assignor desires to assign to Assignee, and Assignee
desires to accept from Assignor the rights, interests and obligations as Developer under the Development Agreement.
C. Section 10.1 of the Development Agreement provides that the Developer shall be released from its obligations under the Development Agreement upon the assignment of the Developer’s rights, interests and obligations under the Development Agreement if the City agrees to such release in writing, and Assignor wishes to memorialize that, upon the effective date of this Assignment, as set forth in Section 4 hereof, Assignor is hereby fully released from the duties and obligations of “ Developer” with respect to the Development Agreement, including, without limitation, the Project Approvals, w hich release is hereby given by the City’ s execution of this Assignment as
provided below.
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Exhibit F-2
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals and for the purposes and in consideration of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Assignor and Assignee agree as follows:
1. Defined Terms. All capitalized terms used but not defined in this Assignment shall have the meanings given to them in the Development Agreement.
2. Assignment and Assumption. Assignor hereby assigns to Assignee and Assignee hereby expressly and unconditionally assumes from Assignor, all rights, title, duties, interests and obligations under the Development Agreement.
3. Compliance with Assignment Requirements; Release . Approval of this Assignment by the City pursuant to Section 10.1 of the Development Agreement is an express condition precedent to the effectiveness of this Assignment. Each of Assignor and Assignee has complied with and satisfied all of the requirements and conditions under the Development Agreement with respect to a ssignment and assumption of the Assigned Interests, including, without limitation, those set forth in Section 10.1 of the Development Agreement, and all of the requirements and conditions under the Development Agreement for the release of Assignor from those obligations related to the Assigned Property and the Assigned Interests, set forth in Section
10.1 of the Development Agreement (collectively, the “ Requirements”). Upon approval by the City pursuant to Section 10.1 of the Development Agreement, Assignor shall be fully released from all of the duties, obligations and liabilities of the “Developer” under the Development Agreement with respect to the Assigned Interests.
Assignee on behalf of itself and its successors and assigns, waives any right to recover from, and forever releases, acquits and discharges, Assignor and its directors, officers, employees and agents of and from any and all claims, demands, losses, liabilities, damages (including foreseeable and unforeseeable consequential damages), liens, obligations, interest, injuries, penalties, fines, lawsuits and other proceedings, judgments and awards and costs and expenses, (including, without limitation, reasonable attorneys’ fees and costs and consultants’ fees and costs) of whatever kind or nature, known or unknown, contingent or otherwise, whether direct or indirect, known or unknown, foreseen or unforeseen, that Assignee may now have or that may arise at any time on account of or in any way be connected with the Development Agreement, except as otherwise expressly set forth in the Purchase Agreement. This waiver is not intended to supersede or otherwise modify any terms of the Purchase Agreement.
In connection with the foregoing release, Assignee acknowledges that it is familiar with Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
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Exhibit F-3
Assignee agrees that the release contemplated by this Section includes unknown claims.
Accordingly, Assignee hereby waives the benefits of Civil Code Section 1542, or under any other statute or common law principle of similar effect, in connection with the releases contained in this Section.
Assignor Assignee
Without limiting the foregoing and notwithstanding any contrary provision in the Development Agreement, City (i) acknowledges and agrees to the terms and conditions of this Assignment and that the Requirements have been satisfied, (ii) hereby fully releases Assignor, and Assignor is fully released, from all of the duties and obligations of the “Developer” under the Development Agreement and (iii) shall look solely towards Assignee with respect to performance, compliance and satisfaction of all covenants and obligations of Developer related to the Assigned Property.
4. Effective Date. Subject to the condition precedent set forth in Section 3 above, this Assignment shall be effective upon the later to occur of (i) the date all Parties have duly executed this Assignment and (ii) the date of the transfer of the Assigned Property to Assignee in accordance
with the Purchase Agreement (the “Effective Date”). The Parties shall use a mutually acceptable escrow agent to record this Assignment Agreement and establish the Effective Date pursuant to mutually acceptable joint escrow instructions.
5. Acknowledgement of the Development Agreement and Project Approvals .
Assignee further agrees that: (i) Assignee has had adequate opportunity to obtain and review copies of the Development Agreement and Project Approvals, and all other documents and materials containing or relating to the terms and conditions of the development of the project; (ii) Assignee has read and understands all of the terms and conditions of said documents and materials; (iii) except as expressly set forth in the Purchase Agreement, Assignor has not made any representations or warranties with respect to the Assigned Property, the Project Approvals or any other aspect of development of the Property or the Development Agreement, and (iv) with such knowledge and understanding, which includes the nature and extent of the fees, taxes, assessments and other financial mechanisms and obligations described in such documents and materials, Assignee nevertheless has voluntarily, freely and knowingly assumed and agreed to perform all obligations and requirements and be bound by all of the provisions of such documents and materials.
6. Terms of Development Agreement and Purchase Agreement Not Affected. Except that Assignee shall be subject to, and Assignor shall be released from, the Development Agreement, the provisions of the Development Agreement shall remain in full force and effect and shall not be altered, amended or modified by this Assignment, nor shall any of the provisions of the Purchase Agreement be altered, amended or modified by this Assignment. In the event of any conflict between any provision of the Purchase Agreement and any provision of this Assignment, the provisions of this Agreement shall control.
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Exhibit F-4
7. Modifications . This Assignment may be amended, terminated or otherwise modified in any respect only by a writing duly executed on behalf of Assignor and Assignee and approved by the City.
8. Attorneys’ Fees. In the event of any controversy, claim, dispute, or litigation between the parties hereto to enforce or interpret any of the provisions of this Assignment or any right of either party hereto, the non- prevailing party to such litigation agrees to pay to t he prevailing party all costs and expenses, including, without limitation, reasonable attorneys ’ fees, incurred therein by the prevailing party, including, without limitation, fees incurred during a trial of any action and any fees incurred as a result of an appeal from a judgment entered in such litigation. To so recover, it shall not be necessary that the prevailing party prevail in each and every one of its claims. Rather, the amount of the award of attorneys’ fees shall, in the court’s discretion, reflect the degree to which the prevailing party or parties have prevailed in some of their claims.
9. Consent of City. By signature of the Community Development Director of the City below, the City approves and agrees to the assignment, assumption and release set forth in this Assignment. The City is a party to this Assignment solely respect to Section 3 and Section 4 hereof.
10. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of California, as they apply to contracts executed in and to be carried out entirely within California.
11. Further Assurances. Each party to this Assignment, upon the request of any other party to this Assignment, will execute, acknowledge and deliver such further documents or instruments and perform such further acts as may be necessary, desirable or proper to carry out more effectively the purpose of this Assignment. Each of the individuals executing this Assignment certifies that he or she is duly authorized to do so.
12. Counterparts . This Assignment may be executed in one or more counterparts. All counterparts so executed shall constitute one agreement, binding on all parties, even though all parties are not signatory to the same counterpart.
[Signatures appear on the following page]
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Exhibit F-5
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the date and year first above written.
ASSIGNOR:
__________, a ____________
By:
Name:
Its:
By:
Name:
Its:
ASSIGNEE:
______________________, a
________________________
By:
Name:
Its:
By:
Name:
Its:
ATTEST:
By:
APPROVED AS TO FORM:
By:
ACKNOWLEDGED AND APPROVED
TO BY CITY:
CITY OF ______, _________
By:
Name:
Its: ______________________________
[Signatures must be notarized]
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Exhibit A to Exhibit F
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[to be inserted upon execution]
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Exhibit G-1
EXHIBIT G
Electrical and Green Infrastructure Work
[Attached]
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TERMINAL WAY
OLD COUNTY ROAD
(UNDEFINED WIDTH; PUBLIC R/W)
OLD COUNTY ROAD
(UNDEFINED WIDTH; PUBLIC R/W)
789 OLD COUNTY ROAD
PROJECT SITE
NOTE
·
·
·
·
·
·
LEGEND
20220043
LEB 6/4/2025 JCL
1 1
C3.00 - SITE PLAN.dwg
Plot Jun 04, 2025 at 4:57pm COPYRIGHT © BKF ENGINEERS 2025
BKF ENGINEERS
150 CALIFORNIA STREET
SUITE 600
SAN FRANCISCO, CA 94111
(415) 930-7900
www.bkf.com
OLD COUNTY ROAD COMMUNITY
BENEFITS
60 scale
0 1" = 60'
60 feet
Community Benefits Will Include:
- New Bulb Outs for Stormwater Treatment
- New Streetlights
- New Curb, Gutter, Sidewalk
- Removal of Oversized Driveways
- Underground of Overhead Power Lines
- Grind and Overlay of Existing AC Pavement
- New Street Trees
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Exhibit H-1
EXHIBIT H
[Form of] POPA Easement
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Carlos
600 Elm Street
San Carlos, California 94070
Attention: City Clerk
Record for the Benefit of
The City of San Carlos
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
[FORM OF] PRIVATELY OWNED PUBLICLY ACCESSIBLE OPEN SPACE EASEMENT
AND MAINTENANCE AGREEMENT
This Privately Owned Publicly Accessible Open Space Easement and Maintenance Agreement (“POPA Agreement”) is made and entered into on this ____ day of , _____ (“POPA Agreement Effective Date ”) by and between BRANSTEN ROAD ASSOCIATES LLC, a Delaware limited liability company (“Owner”), and the CITY OF SAN CARLOS, a charter city and California municipal corporation (“City”) (together, the “Parties”).
R E C I T A L S
A. Owner is the current fee owner of that certain real property consisting of approximately _____ acres located within the City of San Carlos, County of San Mateo, State of California, designated as APNs 046-131-630 and 046-131-610 and legally described in Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”).
B. The Property is being developed as an office/research and development campus that will include a 5 -story, 179,665 square foot building, and a 4- story, 146,983 square foot building which total approximately 326,648 square feet, and one eight-level parking structure (the “Project”).
C. On ______________, 202_, the City Council of the City of San Carlos adopted Ordinance No. ____, approving a Development Agreement by and between City and Owner (“Development Agreement”) and issued several other approvals identified in the Development Agreement (“Project Approvals”), subject to certain conditions of approval (“Conditions”).
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Exhibit H-2
D. The Project Approvals contemplate, among other things, that the Owner will designate, design and improve a n approximately _____ square foot privately owned publicly accessible (“POPA”) central outdoor courtyard (the “Courtyard”) within the Property in the area legally described and shown in Exhibit “B.1”, attached hereto and incorporated herein by reference (“Courtyard Easement Area”).
E. City and Owner now desire that Owner grant to City easements for use and enjoyment of the privately owned Courtyard Easement Area as publicly accessible space and provide for the maintenance of the Courtyard Easement Area as set forth below.
POPA EASEMENT AGREEMENT
NOW, THEREFORE, the Parties hereby incorporate the above recitals by this reference and agree as follows:
1. Grant of Courtyard Easement. For valuable consideration, including the benefits and rights conferred upon Owner under the Project Approvals and subject to the terms of this POPA Agreement, Owner hereby grants and dedicates to the City a non- exclusive easement for use and enjoyment by the general public on, over and across that certain real property located in the Courtyard Easement Area, as described and shown on Exhibit “B .1” (“Courtyard Easement”).
This grant of the Courtyard Easement conveys no rights affecting the use of Owner ’s lands that are not included in the Courtyard Easement Area and Owner reserves the right to lands outside the Courtyard Easement Area in any lawful manner.
2. Use and Closure. The public’s right to use the Courtyard Easement Area is limited to the longer of daylight hours (sunrise to sunset) or the operating hours of any restaurant/café or retail use occupying the ground floor common space (if any) in a building occupied by more than one tenant. The Courtyard Easement Area may be used by the general public for informal recreational uses, which may include lawn areas, pathways, planted areas, benches, tables, chairs, common areas, green space and the like. The Courtyard Easement Area shall be open to the public during the hours set forth in this Section 2, except for closures permitted in Section 5.
3. Maintenance. Owner covenants and agrees that it shall maintain, repair and replace, or cause to be maintained, repaired and replaced, the Courtyard Easement Area, and all improvements, including lighting, hardscaping and landscaping, located thereon, in first -class condition and repair and in compliance with the Maintenance Standards (defined below). Owner’s compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to comparable first -class passive recreational areas located within San Mateo County. To accomplish such maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requiremen ts of this Section 3. All maintenance work shall conform to all applicable Federal and State Occupational Safety and Health Act standards and regulations for the per formance of maintenance. The following standards (“Maintenance Standards”) shall be complied with by Owner and its maintenance staff, contractors and subcontractors:
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Exhibit H-3
a. Maintain the surface of all pedestrian areas level, smooth and evenly covered with the type of surfacing material originally installed thereon or such substitute therefor as shall be in all respects equal thereto or better in quality, appearance and durability; b. Remove all papers, debris, filth and refuse, and sweep, wash down and/or clean all hard surfaces, including brick, metal, concrete, glass, wood and other permanent poles, walls or structural members as required;
c. Maintain such appropriate entrance, exit and directional signs, markers and lights as shall be reasonably required;
d. Clean lighting fixtures and re-lamp and/or re-ballast as needed; e. Maintain, repair and replace and keep in first -class condition all benches, outdoor dining furniture, planters, trash containers, and other exterior elements, if any; f. Maintain, repair and replace all drinking fountains and associated plumbing; g. Provide adequate security lighting in all areas, and maintain, repair and replace all security and decorative light fixtures and associated wiring systems; h. Pay the electrical expense of operating the lighting and irrigation controller, upon the direct receipt of invoices for electrical service from Pacific Gas and Electric; i. Maintain, repair and replace all surface and storm lateral drainage systems; j. Promptly remove any graffiti on or about the Courtyard Easement Area; k. Perform landscape maintenance including watering/irrigation, fertilization, pruning, trimming, shaping, and replacement, as needed, of all trees, shrubs, grass, and other plants or plant materials, weeding of all plants, planters and other planted areas, staking for support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds, leaves and other debris; and
l. Perform other maintenance as required by law.
4. Default and Remedies . Breach of, failure, or delay by Owner to perform any term or condition of this POPA Agreement shall constitute a default. In the event of any default of any term, condition, or obligation of this POPA Agreement, City shall give the Owner notice in writing specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured (“Notice of Breach”). The defaulting party shall cure the default within 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 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, then no default shall exist and the City shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured,
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Exhibit H-4
then a default shall exist under this POPA Agreement and the City may bring any action at law or in equity to enforce the terms of this POPA Agreement. In addition, if the default is the failure to meet the Maintenance Standards set forth in Section 3 above, the City, in addition to its other rights and remedies, may enter and perform or cause its agents and contractors to enter the Courtyard Easement Area and perform the required maintenance and City costs shall be reimbursed by Owner within thirty (30) days of billing by City or City may record a lien or place the amount owed as a special assessment against the Property in the amount of the work performed.
5. Temporary Closure for Maintenance and Events. Owner reserves the right to temporarily exclude the public from or limit public access to all or portions of the Courtyard Easement Area if necessary to address safety concerns and perform maintenance and repairs to improvements within or immediately adjacent to the Courtyard Easement Area. In addition, the Owner reserves the right to exclude the public from all or portions of the Courtyard Easement Area a reasonable limited number of times per year for events o r exclusive use of the Courtyard Easement Area by tenants of the Project (each individually a “Tenant Event” and collectively, “Tenant Events”), not to exceed four (4) Tenant Events per year. Each such Tenant Event may not last more than 24 hours (although two Tenant Events could allow a total of 48 hours), including any set up or tear down/clean-up activities. In addition to the Tenant Events, non- profits or other not -for-profit community organizations with principal offices within the City limits or that serve persons within the City limits (“Community Groups”) may hold priva te events on the Courtyard Easement Area six (6) times per year (each no more than 24 hours per event including set up/clean up) under a typical form of event agreement (i.e. event details, cleaning fee, insurance and liability protection for the Owner, organization and City). Prior to the opening of the Courtyard and/or restaurant/café or retail use to tenants and the public, Developer shall designate an individual to whom Community Groups may make reservation requests or develop an electronic system for submission of reservation requests. The Developer shall require tenants to contact the same person or use the same electronic system for Tenant Events reservation requests. Reservation requests shall not be unreasonably withheld, conditioned, or delayed. During events held by non- profit or community organizations, event attendees and event volunteers and staff shall be permitted to park in the parking garage at no charge. In the event of planned maintenance or a Tenant Event during which the Courtyard Easement Area will be closed, Owner shall post signs within the Courtyard Easement Area at least forty-eight (48) hours prior to the closure for a Tenant Event or for planned maintenance. In the case of an emergency or repairs requiring attention within forty- eight (48) hours, Owner shall post signs to inform the public of the closure and secure the area.
6. Term. This POPA Agreement will commence immediately upon the POPA Agreement Effective Date and will continue in perpetuity until and unless terminated by an agreement executed, acknowledged and recorded by the City or terminated according to the provisions of Section 7 of this POPA Agreement.
7. Termination. This POPA Agreement shall terminate in the even t that (i) the Project is demolished or (ii) the Project undergoes a substantial change that is not already permitted under the Project Approvals and public access to the Courtyard Easement Area cannot be maintained by modifying the boundaries of the Courtyard Easement Area. Notwithstanding the foregoing, this POPA Agreement shall not terminate in the event of demolition and reconstruction of any building or buildings in the Project following a casualty.
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Exhibit H-5
8. Insurance. Owner shall obtain and maintain insurance against claims for injuries to persons or damage to property which may arise out of any manner including (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the Courtyard Easement Area, or any part thereof, whether such injury, death, damage or destruction is caused by the person or property of the Owner , representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII”.
a. Coverages and Limits . Owner, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Owner's indemnification obligations under this POPA Agreement.
(i) Commercial General Liability Insurance. Owner shall maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the s ervices, project, or location that is the subject of this POPA Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City.
(ii) Business Automobile Liability Insurance. Owner shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non- owned automobiles.
(iii) Workers' Compensation and Employer's Liability Insurance . Owner shall maintain coverage as required by the California Labor Code and Employer’s Liability limits with limits not less than $1,000,000 per each accident for bodily injury or disease. The Worker’s Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees, and volunteers.
b. Notice of Cancellation. The Owner 's obligations under this Section shall survive the termination of this POPA Agreement and will not be canceled without Owner providing thirty (30) days prior written notice to City.
c. Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this POPA Agreement, Owner shall provide to City certificates of insurance and above - referenced endorsements sufficient to satisfaction of City’s Risk Manager. In no event shall Owner commence any work or provide any s ervices under this POPA Agreement until certificates of insurance and endorsements have been accepted by City’s Risk Manager.
d. Failure to Maintain Coverage . If Owner fails to comply with these insurance requirements, then City will have the option to declare Owner in default.
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Exhibit H-6
e. Submission of Insurance Policies . City reserves the right to require, at any time, complete copies of any or all required insurance policies and endorsements.
9. Indemnification. Owner agrees to indemnify, defend, and hold harmless the City, and each of its councilmembers, commissioners, officers, employees, representatives, agents, and contractors (“Indemnified Parties”), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (“Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in the Courtyard Easement Area, whether such injury, death, damage or destruction is caused by the person or property of the Owner, its officers, directors, members, employees, agents, consultants, contractors or subcontractors (collectively, “Agents”), members of the public, Agent’s invitees, guests or visitors (collectively, “Invitees”), or third persons, relating to any use or activity under this POPA Agreement , (b) the use of the Courtyard Easement Area or any activities conducted thereon by the Owner, its Agents or Invitees, or third persons, relating to any use or activity under this POPA Agreement, (c) any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by the Owner, its Agents or Invitees, on, in, under or about the Courtyard Easement Area, any improvements or into the environment, or (d) any failure by the Owner to faithfully observe or perform any terms, covenants or conditions of this POPA Agreement ; except to the extent of Claims resulting from the negligence or willful misconduct of any Indemnified Parties. The foregoing indemnity shall include, without limitation, reasonable attorneys', experts’ and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by the Indemnified Parties. The Owner 's obligations under this Section shall survive the termination of this POPA Agreement. Indemnified Parties shall have no liability to the Owner or any of the Owner ’s Agents or Invitees as the result of damage or loss to property or injury or death to any such person arising on the Courtyard Easement Area or out of the Owner’s use of the Courtyard Easement Area, except to the extent caused by the negligence or willful misconduct of any Indemnified Parties.
10. Miscellaneous Provisions.
a. Entire Agreement /Integration, Amendments, Recitals . This POPA Agreement contains the entire understanding and agreement of the Parties. This POPA Agreement may be altered, amended or modified only by an instrument in writing, executed by the City and Owner, or fee title owner of the Property. The Parties acknowledge that this POPA Agreement has been executed initially pursuant to the terms of the Development Agreement, but the Development Agreement will terminate and have no further force or effect as to the terms of this POPA Agreement upon its execution. In the event of any inconsistency between the Development Agreement and this POPA Agreement, upon execution, this POPA Agreement controls.
b. Counterparts. This POPA Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. c. Recitals; Attachments. The Recitals above and Attachments attached hereto are incorporated herein by reference.
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Exhibit H-7
d. Binding on Successors and Assigns. The Property is to be burdened by, and City is to be benefited by, the provisions of this POPA Agreement pertaining to the grant of the Courtyard Easement, and such Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the foregoing easements, limitations, restrictions, obligations and conditions. All provisions of this POPA Agreement shall run with the land and be binding upon all parties having or acquiring any right, title, or interest in the Courtyard Easement Area, and shall be binding upon and inure to the benefit of the City and its and their successors and assigns. e. Partial Invalidity . If any term or provision of this POPA Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this POPA Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this POPA Agreement shall be valid and shall be enforced to the extent permitted by law. f. Not a Public Dedication . Except as expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Courtyard Easement Area or any other portion of Owner ’s Property to the general public or for any public purpose whatsoever, it being the intention of the parties that this POPA Agreement shall be limited to and for the purposes herein expressed.
11. Exhibits; Attachments. The following attachments are attached to this POPA Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full (collectively, “Attachments”):
Exhibit A Description of Property
Exhibit B.1 Legal Description of Courtyard Easement Area
12. Attorneys’ Fees. Should any legal action be brought by any party with respect to this POPA Agreement, the prevailing party shall be entitled to recover from the non- prevailing party its reasonable attorney’s fees and such other costs as may be found by the court.
13. Joint and Several Liability. If more than one person or entity is included in the definition of Owner, the liability of all such persons hereunder shall be joint and several.
IN WITNESS WHEREOF, the City and Owner have executed this POPA Agreement as of the POPA Agreement Effective Date.
CITY
City of San Carlos,
a municipal corporation organized and existing under
the laws of the State of California
By: __________________________________
[Signature must be notarized]
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Exhibit H-8
ATTEST:
By: ____________________________
APPROVED AS TO FORM:
By: ____________________________
OWNER
BRANSTEN ROAD ASSOCIATES LLC,
a Delaware limited liability company
By:
Name: Daniel Minkoff
Title: Authorized Signatory [Signature must be notarized]
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Exhibit H-9
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[To be inserted.]
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Exhibit H-10
EXHIBIT B.1
LEGAL DESCRIPTION OF COURTYARD EASEMENT AREA
[To be inserted.]
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Exhibit I-1
EXHIBIT I
Courtyard Depiction
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CITY COUNCIL
STAFF REPORT
MEETING DATE: October 27, 2025
ITEM TITLE: Receive a Presentation on the Draft Parks Master Plan Recommendations, Provide Direction on a Preferred Site for a Community and Aquatic Center, and Provide Input on Park Site and Facility Recommendations.
RECOMMENDATION:
Staff recommend that the City Council provide direction on a preferred site for a community and aquatic center and provide input on park site and facility recommendations.
FISCAL IMPACT:
None.
BACKGROUND:
The City Council, at its May 13, 2024 meeting, initiated the update to the Parks Master Plan with the award of a contract to Gates + Associates. The City’s Parks Master Plan was last prepared in 2008 and included a full inventory, needs assessment, and action plan for park and building improvements. The document has been used as a strategic guide to prioritize park and facility improvements over the last 17 years.
The scope of the contract with Gates + Associates includes review of existing conditions, community outreach and needs assessment, study sessions, action plan recommendations, preparation of the Master Plan, an implementation and financing plan, and environmental review (“CEQA”). The contract also includes the preparation of community center schematics and a cost recovery strategy as optional tasks.
The consultant team conducted three rounds of community engagement to inform the Parks Master Plan. The first round, held from August 9 to September 9, 2024, included a community survey, virtual meetings, stakeholder focus groups, and pop-up events to gather broad input on community preferences for existing amenities, programs, and future aspirations. The second round, conducted from March 21 to May 8, 2025, built on this foundation with a community workshop, survey, additional pop-up events, and public meetings to refine priorities and identify specific amenities and improvements. A third round, held from September 17 to 24, 2025, focused on site preferences for a new community and aquatic center through a workshop and online survey. Together, these engagement efforts have provided a comprehensive understanding of the community’s priorities, and will guide the development and direction of the Master Plan.
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The Parks, Recreation and Culture Commission, at its February 5, 2025 meeting, received a presentation on the progress of the Master Plan, discussed priorities, and reviewed possible opportunity sites. The City Council, at its February 24, 2025 meeting, reviewed the community engagement results and discussed potential amenities and sites for a community and aquatic center, narrowing the site options to Burton Park and Laureola Park. As noted above, following those meetings, additional rounds of outreach were conducted to gather more detailed information on desired park improvements and amenities.
At the June 23, 2025 City Council meeting, the Council reviewed several design options for a community and aquatic facility at Burton Park or Laureola Park. The Council provided direction to staff on its top three design options, which included two options at Burton Park and one option at Laureola Park, and noted its preference for or a combined community and aquatic facility. As requested by the Council, staff and the consultant team held a community meeting on September 17, 2025 and launched an online survey to gather input on the three site options.
The Parks, Recreation and Culture Commission, at its October 8, 2025 meeting, received the presentation, heard public comments, and took the following action:
a. Recommended the City Council select Burton Park Option 1, with the recommendation that three tennis courts be provided at surface level at Burton Park and suggested studying Laureola Park for additional courts.
b. Recommended the City Council consider the park site and facility recommendations with the following comments: address off-leash dog usage at Hillcrest Circle park; prepare a master plan for new building design and uses for the Laureola building; consider safe street crossings for Highlands Park; new parking should not be a priority on-site (sufficient street parking) for Highlands Park; consider an accessible park playground at a park site earlier than recommended in the Master Plan; and, consider blue light 911 call centers at trails.
c. Recommended the City continue to collaborate with the San Carlos School District (“District”) to expand and improve Joint Use Agreement (“Agreement”) with regards to expanded access to facilities and sport amenities.
The purpose of this meeting is to provide an update on the community engagement conducted to date, select a preferred park site for a new community and aquatic center, and provide comments on the recommended park improvements in the Draft Master Plan.
ANALYSIS:
The vision of the Parks Master Plan is to create a vibrant, inclusive, and sustainable parks and recreation system that supports community wellness, celebrates diversity, and enriches the lives of all San Carlos residents and visitors. The Plan’s four goals serve as the framework to guide the growth and improvements of parks, open spaces, facilities, and recreation services over the next 20 years. The Plan’s goals are to 1) support and enhance the San Carlos Parks and Recreation System; 2) create an inclusive and accessible parks and recreation system that reflects the diverse needs of San Carlos residents and visitors; 3) encourage community vitality
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and wellness through placemaking and recreation; and 4) support a sustainable way of life through parks and recreation.
From the community outreach, the following top priorities for the Master Plan were identified:
1) Renovate and improve existing parks
2) Add new recreational facilities (indoor and outdoor) 3) Renovate and improve existing open space
The highest ranked amenities or enhancements identified by community members include:
1) Aquatic center/pool
2) Shade amenities
3) Trees, lawns, planted areas
4) Sport courts
5) Community garden
Community and Aquatic Facility
Based on community outreach, a new community and aquatic center was identified as a top new amenity desired by the community. The consultant team provided several site options to locate the new facility and based on review and direction by the City Council, narrowed the options to the following:
As requested by the Council, staff and the consultant team held a community outreach meeting on September 17, 2025, and conducted an online survey to gather input on the three site options.
Outreach for the community meeting and survey included direct mail postcards to all residents, a letter to property owners adjacent to the sites, and email and social media announcements. Over 100 persons attended the community meeting and a total of 1,442 individuals participated in the survey.
Community feedback showed a clear preference for Burton Park Option 1, which was ranked highest overall (43% selected this option as their first choice), by providing new amenities while preserving open fields and maintaining Burton Park’s role as a central gathering hub with minimal
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disruption. Burton Park Option 2 (30% selected this option as their first choice) appealed to those seeking expanded aquatics and recreation facilities but raised concerns about traffic, parking, and field loss. Laureola Park (27% selected this option as their first choice) attracted support for providing better distribution of amenities and revitalizing an underused space, but was the lowest overall preference due to challenges with access and congestion. Across all options, residents emphasized the importance of field preservation, aquatics expansion, equitable distribution, and traffic management. A more detailed summary of the responses is included in Attachment 2.
As noted above, the Parks, Recreation and Culture Commission, at its October 8, 2025 meeting voted to recommend that the City Council select Burton Park Option 1, with the further recommendation that three tennis courts remain on-site at surface level.
It is requested that the City Council select the preferred site for a new community and aquatic center. Once a preferred site is selected, the consultant team will develop conceptual plans, initiate the CEQA analysis process, and conduct another round of community outreach. It is anticipated that the preferred site plan for the community and aquatic center will be presented to the City Council for consideration early next year.
Parks Master Plan – Site Recommendations
The park improvement recommendations for each park site and facility are based on consultant expertise from best practices in addition to site assessments, national and local standards and trends, City-staff input through interviews with Parks and Recreation and Public Works staff members, and Council, Commission and community input through multiple rounds of outreach and stakeholder interviews identifying improvements needed and priorities.
The attached Chapter 4 of the Parks Master Plan includes systemwide goals and recommendations, design principals, park classification, park improvements, facility improvements, future park and facility opportunities, and recreation and park programming.
Specifically, Chapters 4.4 and 4.5 include short-term (0-5 years), mid-term (5-10 years) and long- term (10-20 years) recommended improvements to each park site and facility. Chapter 4.7 includes programming recommendations to consider. The final Master Plan will also include an “Implementation” chapter and “Existing Conditions” report.
With limited space for amenities, opportunities for expansion and access to sports fields and facilities can come through further collaboration with the City and District. The City currently manages the field maintenance and scheduling for fields at Central and Tierra Linda Middle Schools and Heather School through a joint use agreement (“Agreement”). There are opportunities to expand the Agreement to include multi-purpose rooms/gyms and the Arundel tennis courts, as well as exploring opportunities to expand the fields and courts on school sites.
The consultant will review proposed improvements for each park site and facility at the October 27, 2025 Council meeting and provide time to address the Council’s questions and receive direction. The consultant team will gather the comments and make revisions to the Plan, as well as initiate the CEQA review process. The Draft Master Plan will be available in spring 2026 for public review and comments.
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Public Comments
In addition to the community survey results included as Attachment 2 and summarized above, substantial public comments have been received via email and at the Parks, Recreation and Culture Commission meeting. Many of the commentors noted being members of the San Carlos Tennis Club which has approximately 650 members from spanning from San Francisco to San Jose. The Club currently pays rent for approximately 30 hours of exclusive use of the District’s tennis courts at Arundel School. Tennis proponents expressed concern with Burton Park Option 1, opposed tennis courts on the roof of the building, and requested additional courts within the City. Several commenters at the Commission meeting represented the pickleball community who expressed support for permanent dedicated pickleball courts. Other public comments at the Commission meeting noted that a pool is too expensive to build and maintain, expressed that a master plan and improvements are needed at Laureola Park, requested consideration of a racquet court center at Laureola Park, asked that fields be replaced with real grass, and proposed the removal of the parking lot at Burton Park to create room for a pool or courts. Staff also received comments from AYSO and San Carlos United Soccer Club expressing concern with Burton Park Option 2 as it would reduce available field space utilized by youth soccer.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Provide direction on preferred site for a Community and Aquatic Center and provide input on park site and facility recommendations; or
2. Do not provide input; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Amy Newby, Parks & Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Draft Parks Master Plan Chapter 4 Vision, Goals and Recommendations
2. Community & Aquatic Center Community Engagement Summary Report
3. Parks, Recreation and Culture Commission Meeting Notes October 8, 2025
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VISION, GOALS, AND
RECOMMENDATIONS
4. 4.1 System-wide Goals and Recommendations
4.2 Design Principles and Considerations
4.3 Park Classification
4.4 Park Improvements
4.5 Recreation Facility Improvements
4.6 Future Park and Facility Opportunities
4.7 Recreation and Park Programming
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This chapter shares the goals and
recommendations for the City of San
Carlos’ parks and recreation system.
Vision, Goals, and
Recommendations
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DRAFT SAN CARLOS PARKS MASTER PLAN
83 VISION AND GOALS
The Parks Master Plan (PMP) aims to develop,
enhance, and sustain a well-maintained and
inclusive park and recreation system that
meets the evolving needs of the San Carlos
community for today and into the future.
The PMP’s vision, four overarching goals, and
systemwide recommendations serve as a
strategic framework to guide the growth and
improvement of parks, open spaces, facilities,
and recreation services in San Carlos over the
next 20 years. These goals focus on ensuring the
City’s park and recreation system continues
to be high quality, remains inclusive, fosters
community engagement, and furthers the
City’s environmental stewardship goals.
The following goals represent a unified
vision for the future of San Carlos’ parks and
recreation system, including its parks, facilities,
recreation programming, and open spaces.
Each goal is supported by a set of system-wide
recommendations that enrich the quality of life
for all who live, work, and play in San Carlos.
4.1 SYSTEM-WIDE GOALS
AND RECOMMENDATIONS
To create a vibrant, inclusive, and
sustainable parks and recreation
system that supports community
wellness, celebrates diversity, and
enriches the lives of all San Carlos
residents and visitors.
VISIONVISION
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CHAPTER 4: VISION, GOALS, AND RECOMMENDATIONS
84 Goal 1
Support and Enhance the San Carlos Parks and
Recreation System.
San Carlos is committed to maintaining a high-quality,
accessible, and responsive parks and recreation system that serves and enriches the entire community. The City is focused on strengthening existing assets while thoughtfully planning for future growth.
1.1. Explore city-owned properties for new park, facility, and recreation opportunities.
1.2. Evaluate reprogramming of existing parks, open
spaces, trails, and facilities where feasible to
provide dynamic recreation options that meet
community needs.
1.3. Encourage new development to provide publicly
accessible open spaces, trails and trail connection
easements or dedications.
1.4. Ensure maintenance of existing parks, facilities,
open spaces, and trails are proactive in meeting
the needs of the community, recreation trends,
and the changing environment.
1.5. Engage residents, partners, volunteers, local
businesses, and other agencies in identifying
funding sources that seek to enhance park and
recreation opportunities and services.
1.6. Continue to deliver recreation programming that
evolves with the diverse interests, ages, and needs
of the San Carlos community.
1.7. Prioritize long-term financial sustainability through responsible stewardship, creative funding
strategies, and transparent resource management.
1.2 1.1
1.3 1.4
1.5 1.6
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85 Goal 2
Create an inclusive and accessible Park and
Recreation System that reflects the diverse needs
of San Carlos residents and visitors.
San Carlos is dedicated to creating welcoming, inclusive spaces where everyone can enjoy a wide range of recreational experiences. By expanding access to parks, facilities, and amenities, the City aims to ensure residents of all abilities and demographics feel connected, supported, and able to participate fully in park and recreation opportunities.
2.1. Ensure residents of all abilities, ages, and
backgrounds have equitable access to parks,
open spaces, and recreation services.
2.2. Provide recreational facilities and programs that
serve a wide range of community needs, interests,
and demographics.
2.3. Enhance the availability and seek opportunities
to increase the quantity of athletic fields and
recreation spaces in San Carlos.
2.4. Continue to partner with the Parks and Recreation
Foundation to provide equal opportunities to
recreation classes and programs.
2.1 2.2
2.3 2.4
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CHAPTER 4: VISION, GOALS, AND RECOMMENDATIONS
86 Goal 3
Encourage community vitality and wellness
through placemaking and recreation.
San Carlos recognizes the important role parks and recreation play in promoting community wellness, connection, and
identity. The City prioritizes creating vibrant, active spaces and programs that encourage healthy lifestyles, strengthen social bonds, and reflect the unique character of the city.
3.1. Enhance community opportunities for exercise
and physical activity at park and recreation sites.
3.2. Facilitate programs and recreational activities to support health, personal enrichment, and social
interaction across all user groups.
3.3. Consider transit, bicycle and pedestrian
accessibility when evaluating locations for new or
substantially renovated parks facilities.
3.4. Strengthen a sense of place and community
identity in San Carlos through parks and
recreational programs and community events.
3.2 3.1
3.3 3.4
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87 Goal 4
Support a sustainable way of life through parks
and recreation.
San Carlos is committed to promoting environmental
stewardship through its parks and recreation system. The City embraces sustainable maintenance and thoughtful resource management that not only support its climate goals but also protect and celebrate local natural treasures for generations to come.
4.1. Design new park and community facilities with an
environmentally friendly approach.
4.2. Incorporate sustainable practices into the on-
going maintenance of City parks and recreational
facilities in accordance with the San Carlos
Climate Mitigation Action Plan (CMAP).
4.3. Ensure the assessment, preservation, and
management of both new and mature trees
to promote long-term ecological health and
community benefits.
4.1 4.2
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88 OVERVIEW
The following design principles and strategies
should guide the design of new parks and
facilities in San Carlos to ensure they are
designed appropriately for their context and
function effectively in connecting community
members to one another and to their
environment. This section includes several key
design principles along with a series of strategies
for the City of San Carlos to consider when
evaluating new park and facility designs. These
principles should be considered in addition to
City ordinances and the San Carlos Hillside Trails
Plan (2012).
The San Carlos Hillside Trails Plan (2012)
provides important guidelines for managing
and enhancing Open Space areas. These
standards cover key considerations such as trail
settings, basic design, drainage crossings and
bridges, steep slopes, stairs, materials, signage,
and construction protocols. Together, these
guidelines ensure that new or updated trails
are designed and built safely, sustainably, and
with respect for the natural environment and
habitats.
COMFORT
Great parks and community facilities are
comfortable for people of all demographic
backgrounds and abilities. People need to feel
attracted to the space, invited to stay, and
delighted to come back.
•
Provide different spaces and experiences
that encourage multiple park uses and
user-types with the creation of a variety
of “outdoor rooms.” Characterize park
spaces with topography, architectural
elements, or trees to create edges and
establish a transition from space to space.
•
Provide a hierarchy of spaces. A park
should have at least one primary space
with smaller spaces, such as pathways
and alcoves, feeding off it. This hierarchy
should orient visitors and encourage
them to move through the park providing
multiple experiences, such as places to
gather as a group, throw a Frisbee with
friends, and/or read a book alone.
•
Consider solar exposure and natural
ventilation in the placement of park
4.2 DESIGN PRINCIPLES
AND CONSIDERATIONS
Comfort Creating available
spaces for all users
Flexibility Prioritizing multi-use and
multi-generational
Access &
Connection
Emphasizing equitable
distribution and access
Placemaking Encouraging community
identity
Aesthetics Honoring San Carlos’
identity
Sustainability
& Resilience
Enforcing Eco-conscious
efforts and impacts
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89 paths, amenities, and community/
recreation facilities. Such considerations
are important for creating comfortable,
efficient indoor environments and for
promoting park activities throughout
different seasons. As needed, provide
screening to buffer wind and noise.
Provide a balance of shaded and
sunny areas. Shade elements should be
incorporated into buildings as well as
play spaces and gathering areas (picnic
and spectator areas) especially on the
south and west edges. Shade elements
can include large box trees or shade
structures.
•
Design community facilities that have
ample natural light, good acoustics,
welcoming entry points, and feel safe and
secure for visitors.
•
It is desired that developed parks should
have a play element, shade structure,
seating, drinking fountain, and restrooms.
Site elements should be located in places
that maximize use and support the overall
park concept.
Seating and picnic areas
• Provide a variety of arrangements using
comfortable and durable materials that
are accessible to all ages and abilities.
•
Conveniently locate seating for casual
spectators and active participants.
•
Shaded picnic areas should be in all
parks.
•
All seating and picnic areas should be
accessible via paved pathways.
Play and fitness elements
• Construct at least one play element in
all developed parks. Swing elements are
popular and should be in every new park
where feasible.
•
Provide a fitness element to be used by all
ages when implementing playgrounds to
help make play areas multi-generational.
Trash and recycle bins
• Place in strategic locations with
convenient access for collection and
maintenance.
Bike racks
• Locate near play areas and other
destinations in the parks. Design bike racks
to be attractive, and functional.
Drinking fountains
• Provide drinking fountains near areas of
physical activity that are accessible to
all, such as playgrounds, multi-use courts,
trailheads, and exercise equipment.
Design drinking fountains to be attractive,
and functional, with bottle fillers and dog
bowls
Restrooms
• Provide public restrooms in community
parks, recreation facilities, and selected
urban parks.
Kiosks
• Provide a place for neighbors to learn
about park activities and connect with
the community.
Wi-Fi:
• Wherever possible, provide Wi-Fi access in
parks and community facilities.Shaded picnic area adjacent to restrooms
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90 FLEXIBILITY
Recreation facilities and park spaces should
be flexible to accommodate multiple types
of recreation activities, programs, and events.
Additionally, they should be flexible to adapt
over time as demographics and needs evolve.
•
Design park spaces and facilities to
accommodate multi-use activities and
recreation.
•
Provide areas for events at community
parks. Ensure that appropriate
infrastructure (e.g., power outlets, storage,
temporary parking) is available for large
public events such as festivals, sports
games, and performances.
•
Consider installing outlets in parks,
especially at reservable picnic areas, for
small group events. Logistics to powering
outlets can be determined at time of
construction.
•
Provide adjustable/movable furnishings
and ample storage in community facilities
to support a variety of activities and user
needs.
•
Design flexibility into building systems,
such as electrical service capacity and
IT systems, to allow for future growth and
adaptation.
ACCESS AND
CONNECTION
Successful public spaces and community
facilities are connected to their surrounding
neighborhoods, natural environments, and
are easily accessible to all. Connections
between public spaces should prioritize the
pedestrian/bicycle experience. Park amenities
and recreation facilities should be designed to
harmonize with their surroundings and feel like
natural extensions of the environment.
•
Integrate parks and facilities with the
surrounding network of sidewalks, streets,
trails, and bike routes. Provide multiple
entries and design access points with
distinguishing features so all visitors can
be welcomed through a gateway to the
space.
•
Promote universal access throughout the
park with the use of looped pathways.
Looped pathways should be made of
all-weather surface and be a minimum of
four feet wide.
•
Promote a sense of belonging and
inclusion by implementing universal
access throughout recreation facilities.
Incorporate features such as ramps,
doorways with sufficient maneuvering
clearance, accessible restrooms, tactile
signage and features, guidance for
individuals with visual impairments, clear
signage with multiple languages, hearing
enhancement systems, etc.
•
Provide paved all-weather surface paths
to amenities, including playgrounds,
picnic tables and areas, drinking
fountains, benches, sports fields and
courts, and dog parks.
•
On primary paths, provide ample width
to accommodate multiple types of users
(e.g., joggers, baby strollers, dog walkers,
Multi-use indoor sports court
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91 young children striders/scooters).
• Use signage and swing gates to deter
long-term parking in designated park lots.
• Incorporate local materials into the design
of facilities and design buildings that are
responsive to the local vernacular and
context.
PLACEMAKING
Create a unique identity for each park by
incorporating physical, social, cultural and
natural features of the site and neighborhood
into the design of the park.
•
Ensure that park design relates to
adjacent streets, architecture and uses.
•
Where possible, homes or businesses
should face onto parks for natural
surveillance.
•
Minimize conflict between private
backyards and public park uses with
fencing and landscape buffers.
•
Encourage synergistic relationships
between adjacent businesses and the
park.
•
Capitalize on views into and from the
park. Frame views of park features from
surrounding areas. Preserve vistas of
adjacent landmarks and natural features.
•
Incorporate special design features that
will attract a range of people to the
park and make it an inviting destination
or neighborhood focal point. This might
include gardens, architectural elements,
fountain, and other unique park elements.
•
Reuse or renovate existing historic or
cultural features where feasible.
•
Where appropriate, consider special
signage or branding that reflects the
historic, cultural, or natural character of
the community.
•
Provide opportunities for interpretation of
unique site features such as wetlands, tree
groves, or historic elements.
•
Integrate public art into the designs of
the park. Art can be a featured piece, or
part of the architectural elements of the
spaces such as the paving or site furniture.
Interactive art features are encouraged.
San Carlos utility box mural
Cultural Elements (credit: Landscape Structures, Inc.)
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92 AESTHETICS
Thoughtful design and visual appeal play a
key role in creating welcoming, safe, and
memorable experiences for all users. These
aesthetic guidelines are intended to support
consistent, high-quality design across all
recreation facilities park spaces while reflecting
the character and values of the community.
•
Preserve existing mature trees and natural
landforms wherever possible.
•
Use durable materials that age well and
are easy to maintain with consideration to
the San Francisco Bay Peninsula climate.
•
Apply a consistent color palette that
draws from earth tones and neutrals to
support a calm, inviting atmosphere.
•
Demarcate building entries with human-
scaled, inviting architectural elements.
•
Create strong indoor-out
door connections
between community facilities and their
surrounding sites with operable doors/
windows and thoughtfully designed view
windows.
•
Ensure site furnishings (benches, trash
receptacles, fencing,
etc.) follow a unified
design style throughout the park system.
• Use pedestrian-scaled lighting, accent
paving, and wayfinding signage to help
orient users and create a sense of arrival.
•
Incorporate community elements, such
as public art, interpretive signage, or local
history markers, to facilitate a sense of
place.
•
Integrate public art that reflects the
character, history, or values of San Carlos.
Adhere to the San Carlos Public Arts
Master Plan (2011) and continue to utilize
both rotating and community-generated
artists and collaborate with the Public Arts
Task Force.
•
Consider interactive features, such as
art installations, murals, themed play
amenities, or educational signage.
•
Use low-level, pedestrian-friendly lighting
along paths, entries, and gathering areas
where appropriate to support safety
surveillance.
•
Consider decorative covers for
newspaper stands, trash bins, and other
standard amenities.
Planting design
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93 SUSTAINABILITY AND
RESILIENCE
Designing sustainable, resilient public places
and buildings is critical for ensuring the long-
term viability of park and recreation facilities.
Energy-efficient systems, easy to maintain
materials and structures, and sustainable
building materials reduce environmental
impact and operating costs.
•
Orient park spaces and community
facilities to respond to solar orientation,
local wind and weather patterns in order
to maximize natural light and ventilation.
•
Right-size build systems, such as heating
and cooling systems, for maximum
efficiency.
•
Design simple building forms that are
efficient to construct and operate.
•
Incorporate battery energy storage
systems into buildings and design roofs
of buildings and park structures, such as
shade structures and parking canopies, to
accommodate photovoltaic systems.
•
Reduce environmental impact of parks
and buildings by selecting materials
that are recycled or recyclable, natural,
locally-sourced, and have low embodied
carbon content.
•
Design low water usage systems in parks
and facilities, utilizing reclaimed water
sources for irrigation wherever possible.
•
Consider durable materials and
maintenance needs from the beginning
of the design process to ensure parks
and facilities are long-lasting and easy to
maintain.
•
Design spaces to allow efficient access
for operations and maintenance with
appropriate routes for maintenance
vehicles. Ongoing maintenance and
management is crucial to ensure that
parks remain safe, attractive, and
functional.
•
Based on life cycle, systematically replace
aging equipment (e.g., site furnishings,
play equipment, building systems) with
durable replacements to maintain a high-
quality park environment.
•
Plan for tree succession, proactively
planting new trees to replace aging and
declining trees.
•
Incorporate and/or create settings that
bring nature into the design of the park.
To the extent possible, limit use of lawn
to active areas and emphasize plant
selection that provides seasonal interest
and habitat value.
•
Bio-swales, rain gardens, conservation
landscapes and porous pavers should
be incorporated into park design as a
solution that balances both recreation
space and habitat restoration/
conservation.
•
Work with the community and
schools to develop early advocacy
programs and activities to encourage
nature appreciation, education, and
environmental stewardship.
•
Utilize a plant palette appropriate
for Climate Zone 10a for San Carlos
in accordance with the USDA Plant
Hardiness Zones.
Pollinator garden
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94 OVERVIEW
Park classifications are used to organize parks
into distinct categories based on their size,
function, amenities, and the type of experience
they offer. This framework helps the City of
San Carlos strategically plan, manage, and
enhance its park system by ensuring a balanced
and equitable distribution of recreational
opportunities across the community. Classifying
parks provides clarity in how each site serves
the community, supports different types of
activities, and contributes to citywide goals.
This approach also guides future development,
maintenance priorities, and resource allocation
to best meet the needs of residents now and
into the future.
The City of San Carlos defines five types of
park types: community parks, neighborhood
parks, mini parks, special use parks, and open
space areas. Part of each classification are
several defining aspects including character,
activity level, size, standard baseline amenities,
connectivity, and access area. Of these,
standard baseline amenities and access area
are further explained below.
Standard Baseline Amenities
Each park classification includes a set of
standard baseline amenities that the parks must
provide at a minimum. The quantity of standard
baseline amenities compound and become
more complex as the likelihood and frequency
of use of the park increases. For instance, mini
parks only require seating and low-intensity
active recreation amenities like playgrounds
while community parks require high-use active
recreation amenities such as sports courts or
reservable picnic areas.
Access Area
The access area is the value used to outline an
area around a park that’s considered easily
reachable based on the anticipated methods
of travel to the site. A small access area, which
is primarily frequented by those on foot, is tied
to a lower park activity use. As the park activity
use increases, the access area increases. For
instance, community parks have the highest
quantity of amenities, use activity, and arrival
methods so their access area spans the entire
city.
4.3 PARK CLASSIFICATION
Mini Park
Neighborhood Park
Special Use Park
Open Space Area
Privately Owned Public
Spaces (POPS)
Community Park
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95 Table 4-1: Park classification standards
MINI PARK
NEIGHBOR-
HOOD PARK
COMMUNITY
PARK
SPECIAL USE
PARK
OPEN SPACE
AREA
Character
Small
Neighborhood
social space
Neighborhood
social space
Community
Gathering Space Special Amenities Natural, preserved
open space area
Activity +
Users
Passive and low-
intensity active
Individuals
Passive and active
Individuals to small
groups
Passive and Active
Individuals to large
groups
Passive or active
Individuals to small
groups
Passive
Individuals to small
groups
Standard
Baseline
Amenities
• Natural
landscape
• Seating or
picnic area
•
Play amenity
• Natural
landscape
•
Seating
• Picnic area
• Play amenity
• Sports, play,
or fitness
amenity
• Natural
landscape
• Seating
• Picnic areas
• Reservable
picnic areas
•
Play amenity
• Sports, play,
or fitness
amenity
• Restrooms
• Parking
• Natural
landscape
• Seating
• Unique
amenity
•
Natural
landscape
•
Trail head
• Seating
• Wayfinding
signage
•
Trail paths
Size Less than 1 acre 4-10 acres 10+ acres Flexible Flexible Public
Connectivity
Walking
Driving
Walking
Driving
Walking
Driving
Active
Transportation
Public
Transportation
Walking
Driving
Active
Transportation
Public
Transportation
Walking
Driving
Active
Transportation
Access Area 0.25 miles 0.5 miles Entire City Entire City Entire City Privately Owned Publicly Accessible (POPA) spaces
The City has approved several developments that include privately several Privately Owned Publicly Accessible (POPA) open spaces, which primarily consist of outdoor plazas and seating areas that, while privately owned and maintained, remain open and accessible to the public. As new development continues, additional POPA are anticipated to be added throughout the city. While the Parks Master Plan does not formally classify these spaces due to their private ownership, any POPA that reflect characteristics similar to City park types should align with the existing park classification system to ensure consistency in design and function.
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96 OVERVIEW
San Carlos currently manages approximately
17 parks spanning 186.4 acres. This section
outlines detailed, site-specific improvements
that complement the broader system-wide
recommendations by addressing the unique
characteristics and conditions of each
location. These improvements are informed
by extensive community input, a citywide
needs assessment, on-site evaluations, current
recreation trends, available funding, and close
collaboration with City staff.
Most of San Carlos’ parks will benefit from
continued investment in regular maintenance
and the timely repair or replacement of aging
amenities. For instance, playground structures
should be replaced every 20 years. These needs
are outlined in the Maintenance and Lifecycle
Plan in Chapter 5. While many parks require
routine upgrades, others present exciting
opportunities for larger-scale improvements
that can better serve the community’s evolving
needs. These priority sites are addressed
individually in the Implementation Plan, with
recommendations tailored to their unique
conditions and potential. As San Carlos grows
and recreation trends shift over time, these
improvements should be revisited and refined
to stay aligned with community priorities.
Improvements range from replacing outdated
amenities that have exceeded their lifecycle
to full future site master planning for long-term
transformation. Given the variety of project
types, factors such as funding availability,
timing, and permitting requirements may
influence when implementation can begin.
Estimated costs per each park and the
recommended Implementation Plan are
shared in Chapter 5.
Exempted Parks
Some parks are not recommended for
improvements at this time due to ongoing
projects or sufficient existing service. However,
these sites should continue to receive regular
maintenance and periodic review to ensure
they meet community needs over the next 20
years. These parks include:
•
Chilton Park: Recently completed the
master planning process with community
input, construction finalized in 2022.
•
Frank D. Harrington Park: Currently being
designed as part of the Downtown
Streetscape Master Plan in 2025,
construction expected to begin in 2026.
Plans include converting the space into
an open plaza with a performance stage,
seating opportunities, and restrooms.
•
North Crestview Park: Concurrently
undergoing the master planning process.
Preliminary plans include a playground,
sports courts, walking paths, Veterans
Memorial, and parking.
•
Rosek Park: No improvements
recommended at this time as the site
currently meets community needs.
4.4 PARK IMPROVEMENTS
Implementation
To help guide the implementation process,
improvements are organized into the following
categories to support a thoughtful and flexible
rollout. The Parks Master Plan comprehensive
Implementation Plan is provided in Chapter 5.
•
Short-term (within 0-5 years)
• Mid-term (5-10 years)
• Long-term (after 10 years)
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98 Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Replace batting cage surfacing (artificial padded turf) x 2 Implement citywide tree maintenance program recommendations x 3 Create an overlook at "the rocks" with interpretive signage x 4 Add wayfinding signage and trailhead kiosk for open space trails x 5 Add and relocate picnic tables/bench seating in open space area x 6 Install "No Biking" signage on trails x
7 Add accessible picnic tables at snack shack x
8 Add shade structure over picnic area and bleachers x
9 Replace playground (consider a themed or adventure course) x 10 Improve access to sunken picnic area x
11 Site pump track at bend of Dartmouth/Northam Ave; considering fencing to block cyclists from entering trail network x 12 Site mini ropes course, embankment slide, and zip line near Wellington Ave parking and implement erosion control measures
x
13 Formalize existing trails (proper grading, surfacing, drainage), consider realigning some trail segments, and decommission others x
14 Add park trails to existing trails maintenance contract x 15 The natural surface fire road that runs across the access easement named Sheldon Ave. in Arguello Park would be paved to provide an ADA-accessible route. This paved path would run approximately 0.3 miles from Wellington Ave. to a dead end on the east side of the park. x
16 Repave pathways with all-weather resilient surfacing x
ARGUELLO PARK
Reference Image
Community Park | 21 acres
260 Wellington Drive
11 Arguello Park is a beloved community park that
provides both active and passive recreation
opportunities. The site hosts a 5-12 play area,
two picnic areas, and a diamond field with
bleacher seating and two batting cages. The
site has two parking lots, restrooms, and open
space trails and picnicking opportunities.
Enhancements include new recreation
opportunities, upgrades to existing amenities,
and formalized trails in the open space areas.
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99 PHELPS RDPHELPS RD
WELLINGTON DRWELLINGTON DR
SHELDON AVESHELDON AVE
0 480 FT
DARTMOUTH AVEDARTMOUTH AVE
NORTHAM AVENORTHAM AVE
ARGUELLO PARK
1 1
4 5
8 9
Replace playground
Resurface
walking path
16 Improved access and
visibility to picnic area
10 Open space
play area
12 Formalize
existing trails
13 Overlook
3 Existing trail
Picnic Area
Play Area
Shade Structure
Pump Track
Entry/Egress
Paved Path
11 Pump track
Accessible picnic area
7 Pave fire road
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100
BIG CANYON PARK
Reference Image
Open Space Area | 55 acres
3190 Brittan Avenue
3 1
Big Canyon Park is a favored natural open
space for visitors to enjoy a network of trails,
birdwatching, and diverse ecosystems. It is
characterized by rugged terrain and dense
woodlands, and offers a challenging and
scenic 2.6 miles of trail that lead hikers to a
spectacular view overlooking San Carlos and
the East Bay.
The park offers trailhead information kiosks,
benches, bridges over creeks, and a small
labyrinth at the Brittan Avenue entry.
Enhancements include more seating and
overlook opportunities, wayfinding to help
visitors easily navigate the trails, improved
erosion control measures, and a restroom
facility to be used by both Big Canyon and
Eaton Parks users.
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Provide a vista point at end of Oak Meadow Trail (includes view area delineation with wooden fencing, bench, interpretive signage, signage indicating “area closed” beyond fencing) x
2 Add wayfinding signage throughout the park x
3 Add or restore park benches and picnic tables x
4 Install a restroom facility at the Brittan Avenue entrance adjacent to the street and labyrinth
x
5 Incorporate erosion control measures on open slopes to enhance slope stability between Melendy Drive and Drake Court
x
6 Incorporate the Native Plant Pilot Program as listed in the Pulgas Creek Watershed Plan (2025)
x
7 Consider integrating a floodplain detention basin as noted in the Pulgas Creek Watershed Plan (2025)
x
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101
MELENDY DRMELENDY DR
BRITTAN AVEBRITTAN AVE
EATON PARKEATON PARK
CRESTVIEW CRESTVIEW
PARKPARK
0 1200 FT
HEATHER DOG HEATHER DOG
EXERCISE AREAEXERCISE AREA
1 Vista point
Restroom
4 BIG CANYON PARK
Existing trail
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102
BURTON PARK
Reference Image
Community Park | 10.3 acres
900 Chestnut Drive
6 Burton Park is San Carlos’ oldest and most
well known of the City’s developed parks.
Located near the downtown, it is a dynamic
and heavily-used community hub that draws
a wide range of users and hosts many City-
sponsored activities, including music concerts
on the stage, camp-outs, movie nights, and
camps. Its amenities include sports fields, sports
and game courts, children’s play areas, water
play, picnic areas, and parking. The San Carlos
Youth Center and Kiwanis Building are located
at Burton Park.
Enhancements include improving irrigation and
water recycling systems, formalizing accessible
picnic areas, upgrading existing amenities, and
repurposing underutilized areas.
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Improve lawn drainage at concert lawn x
2 Prepare a tree succession plan in and implement citywide tree maintenance program recommendations x
3 Add wayfinding signage for Burton Park at the Woodland Avenue park entrance
x
4 Improve field drainage at diamond fields x
5 Remove sandbox area from play area and replace with usable play area x
6 Add formalized reservable picnic area with accessible path and one (1) ADA table (minimum) to concert lawn x
7 Replace water circulation for water play element to meet current code requirements
x
8 Kiwanis building to be demolished and replaced with new facility x 9 Consider the site for the development of a future community and aquatic center facility
x
10 Add improved access at Woodland Avenue and Brittan Avenue corner x 11 Redesign the Les Mundell Picnic Grove into an “outdoor living room” x 12 Replace playgrounds to be fully inclusive; consider themed play design x 12 10.a
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103
Picnic Area
Play Area
Entry/Egress
0 460 FT
6 Formalize
picnic area
BURTON PARK
98 Demolish Kiwanis building,
consider location for new
Community and Aquatic
Center facility
1 Improve lawn
drainage
Replace water play with
recycled water system
7 4
Improve field
drainage
3 Enhance
wayfinding12
Improve
park access
10 Outdoor
Living Room
7 Remove sandbox
11 Upgrade
playground
12 CHESTNUT STCHESTNUT ST
CEDAR STCEDAR ST
BRITTAN AVEBRITTAN AVE
ARROYO AVEARROYO AVE
WOODLAND AVEWOODLAND AVE
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104
CEDAR STREET PARK
3 Reference Image
Mini Park | 0.7 acres
10 Cedar Street
4 Cedar Street Park is a cozy neighborhood park
nestled within a residential area. The entire park
is fenced to offer increased safety for small
children. Amenities include picnic tables, a
basketball court, and a children’s play area with
swing set and sand box. The perimeter is mostly
lined with mature Redwood and Mulberry trees,
providing shade, scenery, and screening for
bordering homes. A mural recently painted by
a local girl scouts troop lines the wall adjacent
to the basketball court.
Enhancements include a complete redesign
of the playground with input from the local
community, repaved pathways, and new
park standard amenities that comply with
accessibility and city standards. Trees on-site
should be assessed for any deteriorating species.
The playground can utilize the site’s changing
topography grades for play elements, such as
slides and climbing features.
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Implement citywide tree maintenance x
2 Remove sandbox area from play area and replace with usable play area x
3 Replace and expand playground, make inclusive (includes resurfacing to pour-in-place rubber surfacing) with community input (includes outreach, design, equipment, installation) Consider utilizing the site’s topography for play elements x
4 Repave pathways with all-weather resilient surfacing x 5 Replace park standard amenities (picnic tables, drinking fountain, trash receptacles, park sign, benches) x
10.a
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105
Play Area
Paved Path
Entry/Egress
0 100 FT
Repave pathways with
all-weather surface
4 5
Replace picnic area with
upgraded amenities
CEDAR STREET PARK
2 Remove
sand box3
Replace playground
and upgrade design
through community
engagement process
CEDAR STCEDAR ST
WALTON STWALTON ST
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CITY HALL DOG
Reference Image
Special Use Park | 1.3 acres
1401 San Carlos Avenue
1 City Hall Dog Park is a fully fenced off-leash
dog park located adjacent to City Hall and
the Adult Community Center. It is heavily
used, especially in the early morning and late
afternoons. The park is shaded by a variety of
mature trees and amenities include picnic
tables, benches, multi-level drinking fountains,
play equipment, information kiosk, and dog
waste stations. Additional picnic tables line the
adjacent stretch of grass outside of City Hall.
Enhancements include upgrading the existing
dog agility amenities, providing a paved
pathway, adding more general seating
opportunities, and eventually converting the
site into a civic park or plaza when a future dog
park is developed elsewhere in the city.
3 Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Enhance dog agility amenities x
2 Remove picnic tables, replace with benches and grouped seating areas x
3 Convert dog park into active park/civic plaza site with outdoor seating and picnic opportunities, planting/garden, and space for small civic events
x
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107
0 100 FT
CITY HALL DOG PARK
ADULT COMMUNITY ADULT COMMUNITY
CENTERCENTER
CITY HALLCITY HALL
1 Add upgraded dog
play amenities
2 Remove picnic
tables to add more
casual seating
areas
ELM STELM ST
SAN CARLOS AVESAN CARLOS AVE
Seating Area
Entry/Egress
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108
6 CRESTVIEW PARK
Reference Images
Neighborhood Park | 7.0 acres
1000 Crestview Drive
4 Crestview Park is a beloved and peaceful
park located on a hill within the Beverly
Terrace neighborhood. Amenities include a
playground, sports courts, a multi-use soccer
field encircled by a walking track, shaded
reservable picnic areas , and restroom facilities.
Recent renovations to the park included
transforming a full basketball court into a multi-
use hard court with two pickleball courts and a
half basketball court.
Enhancements include enhancing the sense
of safety within the site due to its isolated
location, formalizing the pedestrian entrance
from the residential neighborhood, replacing
the playground equipment, and adding more
shade elements, such as structures and trees.
Credit: Burke Play
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Add permanent fencing between field and parking lot x 2 Remove and convert sandbox to usable play space x
3 Improve pedestrian entrance at Leslie Drive and perimeter trail in open space area (Asphalt paving, signage) x
4 Replace playground, consider themed/adventure play
expansion
x
5 Plant two (2) new trees (between parking lot and field) x 6 Add shade structure over bleachers x
7 Add standard safety lighting (motion detected, low brightness levels, consider solar powered)
x
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CRESTVIEW DRCRESTVIEW DR
7 LESLIE DRLESLIE DR
0 400 FT
BIG CANYON BIG CANYON
PARKPARK
CRESTVIEW PARK
1 Fencing
Add shade structure
over bleachers
6 3
3 Formalize Leslie
Drive entrance and
walking trail
5 Add screening trees
7 Add security lighting
4 Replace playground,
consider theme design2
Remove sand box
Play Area
Paved Path
Entry/Egress
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110
4 EATON PARK
Reference Images
Open Space Area | 65.0 acres
3000 Eaton Avenue
4 Eaton Park is a large, tranquil open space that
is known for its mix of meandering challenging
trails (3.57 miles), a variety of wildlife, oak-
studded hills, and shaded woodland groves
throughout the largely undeveloped area. At
the summit, there is a labyrinth and seating
opportunities to enjoy the sweeping views of San
Carlos. The park features both City-managed
trails and informal trails made by frequent users.
Enhancements include adding improved
wayfinding signage to help visitors better
navigate the trails, update trail maps, pave fire
roads, and enhance erosion measures.
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Improve fire road to eliminate trail head erosion issues for maintained vehicular access x
2 Pave fire roads or other durable surfacing x
3 Introduce water bars along Hawk Hill trail (if not being paved) x 4 Improve wayfinding signage x
5 Close all informal trails to prevent pedestrian injury x 6 Add rolling dips on Eaton Trail between Vista Trail and Summit Trail and nearby portion of Vista Trail (where moderate erosion is occurring)
x
7 Add rolling dips on upper section of Summit Trail x
8 Add water bars near Eaton Ave entrance to reduce erosion x 9 Update trails map to show all existing bench locations x
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BRITTAN AVEBRITTAN AVE
BIG CANYON BIG CANYON
PARKPARK
HEATHER DOG HEATHER DOG
EXERCISE AREAEXERCISE AREA
EATON PARK
7 Update trail maps
0 700 FT
Existing trail
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112
2 HEATHER DOG EXERCISE
AREA
Reference Images
Special Use Park | 1.5 acres
2757 Melendy Drive
5 Heather Dog Area is a spacious, enclosed park
offering an open environment where dogs can
run freely, play, and explore. It’s located at
the west edge of Heather Elementary School,
adjacent to the school parking lot. Most dog
owners and their pets utilize the flat dog run
area, which includes a paved circular path that
connects to a trail that leads down the hill to
Porto Marino Lane. Amenities include benches,
a dog waste station, and trash receptacle.
Additional seating opportunities exist on the
connected trail.
Enhancements include formalizing the space
into an accessible, safe-guarded dog park with
new amenities and utilities. Wayfinding to the site
to improve visibility is strongly recommended.
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Rename park and add city standard park sign x
2 Improve visibility and access into the site x
3 Remove staircase and implement accessible ramp access x 4 Repave pathways with all-weather resilient surfacing x 5 Expand dog park area x
6 Add rest areas and restoration planting along trail/open space area
x
7 Add and replace standard amenities (drinking fountain, benches, picnic table, dog waste station, canine agility play amenities) x 8 Add domestic water source (for drinking fountain) x
10.a
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MELENDY DRMELENDY DR
PORTO MARINO LNPORTO MARINO LN
6 7
0 200 FT
HEATHER DOG EXERCISE AREA
HEATHER ELEMENTARY HEATHER ELEMENTARY
SCHOOLSCHOOL
1 Standard sign
2 Wayfinding
signage
4 Resurface pathways
2 5
Expand dog park area
6 Rest areas
3 Accessible ramp
7 Update
standard
amenities
Dog Park Area
Picnic Area
Entry/Egress
Paved Path
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114
Reference Images
5 HIGHLANDS PARK
Community Park | 11.3 acres
2600 Melendy Drive
Highlands Park is one of the City’s most active
parks, well-equipped with a variety of amenities
that support year-round athletic events. It
offers lit sports facilities, including two multi-use
fields, the city’s only synthetic turf field, and
both tennis and dual-stripe pickleball courts.
The park also has a playground, picnic areas,
a looped walking path, a Vietnam Memorial,
and parking.
Enhancements include upgrading picnic areas
to be accessible, formalizing the entrances,
enhancing extended use and safety on site,
replacing aging amenities, and adding more
sports opportunities.
1 3
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Replace picnic area by Stadium Field into formalized reservable picnic area with accessible path and one (1) ADA table (minimum) x 2 Replace aging benches x
3 Paint a community mural along the bleacher steps at Stadium Field x 4 Replace batting cage surfacing x
5 Restripe the two dual-court tennis/pickleball courts to up to six (6) permanent pickleball courts
x
6 Improve field drainage and replace with grass turf at Stadium Field x 7 Add fitness station elements along walking path x
8 Formalize northeast residential street entry (paved all-weather resilient surfacing, signage, clear orientation)
x
9 Add net at Highlands Field for soccer (six-foot net minimum) x 10 Repave pathways with all-weather resilient surfacing x 11 Add parking stalls by converting available unused space into parking, formalize parking along Aberdeen Drive with regulation signage and striping
x
12 Add backstop at northeast corner of Stadium Field to add additional diamond field activities/space, include formalized entry x
13 Replace playground after structures are 20 years old x
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115
ABERDEEN DRABERDEEN DR
MELENDY DRMELENDY DR
0 500 FT
HIGHLANDS PARK
3 Bleacher mural project
12 Add backstop
2 Replace bench1
8 Formalize residential
entrance
2 13
Upgrade playground
10 Resurface pathways
Replace batting cage
surfacing
4 Up to six (6) dedicated
pickleball courts
5 Improve field drainage
6 7
8 7
7 Fitness station
7 7
7 Soccer net
9 11
Extend parking
Formalize picnic
areas
1 Play Area
Picnic Area
Entry/Egress
Paved Path
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116
HILLCREST CIRCLE PARK
Mini Park | 0.2 acres
280 Hillcrest Road
Hillcrest Circle Park is a charming park located
on an “island” nestled within the Cordes
neighborhood. It is fully fenced and features
amenities including a playground and swings
for children age 5-12 years old, a half basketball
court, picnic tables, flexible lawn space, and
benches.
Enhancements include planting natural,
climate adaptive plants, trees, and
groundcover, increasing shade with new
trees. Pedestrian access can be improved with
new wayfinding signage that clearly marks
where visitors should enter and cars should be
mindful. The playground can utilize its changing
topography grades for play elements, such as
slides and climbing features.
2 Reference Images
3 Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Replant landscaping (shrubs, groundcover, re-sod lawn, shade trees) x
2 Improve pedestrian access with informational access signage x 3 Replace play structures that are design with the topography x
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117
0 80 FT
HILLCREST RDHILLCREST RD
HIGHLAND AVEHIGHLAND AVE
2 HILLCREST CIRCLE PARK
1 Replant landscape
2 Signage
Replace playground
3 3
Play Area
Entry/Egress
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118
LAUREOLA PARK
Neighborhood Park | 2.6 acres
503 Old Country Road
Laureola Park is two blocks from Downtown and
provides a generally peaceful atmosphere
throughout the year for individual play, group
recreation, and organized sports. Amenities
include a playground, water play, diamond
field, two soccer fields, full basketball court,
two-sided ball wall, reservable picnic areas
with barbecues, and restrooms. The park is also
the only park on the east side of San Carlos and
hosts the Laureola Building.
Laureola Park is recommended to be
reclassified as a Community Park. Despite its
size, the site offers several elements noted in
Section 4.3 Park Classifications that align with a
Community Park.
Enhancements include upgrading the water
play to a recycled water circulation system,
adding shade, and improving visibility into
the park from Old County Road. This site is
recommended to undergo a complete Master
Plan process and consider demolishing the
existing building on site for a new community
facility.
4 Reference Images
3 Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Reclassify as Community Park x
2 Replace water circulation for water play element to meet current code requirements x
3 Improve visibility and access from Old County Road x
4 Add shade structure over bleachers x
5 Prepare a park master plan with participation of the community for the Laureola Park building and park site; Consider purchasing adjacent Sequoia Union High School parcel to expand park site and improve access from El Camino Real
x
6 Laureola building to be demolished and replaced with new facility
x
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119
0 400 FT
BAYPORT AVEBAYPORT AVE
HOLLY STHOLLY ST
MC CUE AVEMC CUE AVE
OLD COUNTY RDOLD COUNTY RD
LAUREOLA PARK
2 Recycled water system
4 Shade structure
3 Improve visibility
4 5
Sequoia Union High School parcel
6 Demolish building
3 Shade Structure
Entry/Egress
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120
7 SAN CARLOS AVENUE
NEIGHBORHOOD PARK
Reference Images
Mini Park | 0.3 acres
2451 San Carlos Avenue
2 San Carlos Avenue Neighborhood Park is a
cozy mini park nestled within a neighborhood.
It is fully fenced and characterized by mature
redwood trees that provide ample shade
to the entire area. Park amenities include a
playground for ages 2-5 surrounded by lawn,
picnic tables with barbecues, and benches.
Enhancements include revitalizing the site
through new amenities and upgraded play
features for multiple ages to make the site
more accessible and attractive to visitors, as
well as improving maintenance on site. It is
recommended to rename the park for ease
of reference. The grade change on-site can
be utilized for play elements or be altered to
provide tiered seating opportunities.
Credit: Playwell Group
Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Rename park and update park sign x
2 Replace playground structures, make inclusive (includes resurfacing to pour-in-place rubber surfacing) x
3 Replace park standard amenities (picnic tables, drinking fountain, trash cans, sign, benches) x
4 Remove overgrown shrubs at the entrance and sidewalk to improve visibility and enhance park entrance
x
5 Replace fencing x
6 Repave pathways with all-weather resilient surfacing x 7 Terrace lower portion of the slope for additional seating/picnic area
x
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121
0 80 FT
SAN CARLOS AVESAN CARLOS AVE
SAN CARLOS AVENUE NEIGHBORHOOD PARK
1 New park sign
4 Improve visibility
into the park,
replace fencing
5 3
Replace standard
amenities
Terrace
seating or
play
7 Resurface pathways
6 2
Inclusive playground
Play Area
Picnic Area
Entry/Egress
Terraced Area
Paved Path
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VISTA PARK
Neighborhood Park | 3.8 acres
401 Crestview Drive
Vista Park is a passive park located at the city’s
highest summit. It is characterized by hiking
trails, spectacular views of the peninsula and
San Francisco Bay, and native flora. Benches
and picnic tables offer resting opportunities
for visitors to enjoy. The park is located across
the street from North Crestview Park, which is
currently undergoing the master plan process
to provide more active amenities in the area,
and is also next to Devonshire Trail trailhead
entry.
Enhancements include formalizing the picnic
area and adding new standard amenities,
adding a natural material fitness station,
providing a drinking fountain, and add
interpretive signage while consolidating
regulation signage. The underutilized bioswale
is recommended to be converted into a
fenced dog off-leash area. Implementing safe
pedestrian crossing to North Crestview Park
across Crestview Drive should be considered
by City staff.
3 Reference Images
2 Proposed Improvements Short
Term
Mid
Term
Long
Term
1 Update flora signage x
2 Implement off-leash dog run area in lower bioswale area with ramp access x
3 Add natural theme fitness station elements x
4 Consolidate regulation signage x
5 Add interpretive signage x
6 Add drinking fountain with domestic water source x
7 Replace picnic tables into a formalized, accessible picnic area with shade element x
8 Add pedestrian access to North Crestview Park x
9 Replace park standard amenities (picnic tables, trash cans, sign, benches)
x
10.a
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123
0 220 FT
CRESTVIEW DRCRESTVIEW DR
9 NORTH CRESTVIEW NORTH CRESTVIEW
PARKPARK
VISTA PARK
7 Formalized picnic area
2 Dog off-leash area
Ramp access
3 Fitness station area
9 New standard amenities
9 Update flora signage
1 Consolidate signage
4 Interpretive signage
5 Drinking fountain
6 Pedestrian crossing
8 Dog Park Area
Picnic Area
Entry/Egress
Fitness Area
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OVERVIEW
San Carlos currently manages four recreation
facilities and a community meeting room.
This section outlines detailed, site-specific
improvements that complement the broader
system-wide recommendations by addressing
the unique characteristics and conditions of each
recreation facility. These improvements are
informed by extensive community input, a
citywide needs assessment, on-site evaluations,
current recreation trends, available funding,
and close collaboration with City staff.
Most of San Carlos’ facilities will benefit from
continued investment in regular maintenance
and the timely repair or replacement of aging
amenities. While several facilities require routine
upgrades, others present exciting opportunities
for larger-scale improvements that can better
serve the community’s evolving needs. As San
Carlos grows and recreation trends shift over
time, these facilities and their programs should
be refined to stay aligned with community
priorities.
Costs for improvements are included in the
implementation plan available in Chapter 5.
4.5 RECREATION FACILITY
IMPROVEMENTS
New Community Center
New gym space
Commercial kitchen upgrades
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Kiwanis Building
Adult Community Center
Laureola Park Building
Youth Center
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ADULT COMMUNITY
CENTER
Reference Images
Recreation Facility | 16,713 square-feet
601 Chesnut Street
The Adult Community Center (ACC) was built in
1982, and provides programs and activities for
primarily older residents of San Carlos. It offers
reservable event spaces, workout studios,
classrooms, a commercial kitchen, social
spaces, and an outdoor patio with garden. The
facility is heavily used year-long.
Enhancements include upgrading the facilities
for improved circulation and functionality,
installing new and modernized equipment, and
upgrading the electric system.
Proposed Improvements Short
Term
Mid
Term
Long
Term
Renovate the kitchen to address deficiencies and provide:
• Improved circulation and better use of servery space
• New appliances (especially dishwasher and gas range)
• New flooring and other finishes
• Accessible pantry space
x
Building electrification: as building systems and appliances need replacement, consider all-electric units where feasible x
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100 ft
Image © 2025 Vexcel Imaging US, Inc.
Image © 2025 Vexcel Imaging US, Inc.
Image © 2025 Vexcel Imaging US, Inc.
SAN
CARLOS
ROOM
GAME
ROOM
PATIO
ROOM
PARKVIEW
ROOM
ELEC
RR RR KITCHEN
STOR
SOCIAL
LOUNGE
CHESTNUT
ROOM
LOBBY
FIREPLACE
RECEPTION
PATIO
GARDEN
Accessible Parking & Drop-Off
DISH ROOM
& LAUNDRY
ACCESSIBLE PATH
TO CITY HALL
0 32 FT
SAN CARLOS AVESAN CARLOS AVE
CHESTNUT STCHESTNUT ST
ADULT COMMUNITY CENTER
RENOVATE
KITCHEN
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KIWANIS BUILDING
Recreation Facility | 7,300 Square-Feet
1017 Cedar Street
The Kiwanis Building in Burton Park was
constructed in 1953. A renovation of the
restrooms, offices, kitchen, and shared storage
space was completed in 1976. For a number
of years the building was the headquarters for
San Carlos Parks and Recreation Department,
but since 2009, the building has been leased to
the Arbor Bay School and converted to a K-8
school. This lease agreement expires in 2027,
when the building could be publicly accessible
once again.
Reference Images
Proposed Improvements Short
Term
Mid
Term
Long
Term
Do not renew lease with tenant when it ends in 2027; Decide whether the building will be renovated and used for recreation programming (eg. expansion of Youth Center programming or event rental space), replaced with a new building, or as a site for new community and aquatic center. x
Interim improvements:
• Structural inspection to determine if proper reinforcement and seismic attachment of wall to roof are in place
• Renovate building to meet accessibility code compliance • As building systems and appliances need replacement, select all-electric units that are appropriately sized to meet building demand x
OPTION 1: COMMUNITY AND AQUATIC CENTER
If preferred, a new community and aquatic center should include the following program spaces:
x• Indoor gym
• Multi-purpose community rooms
• Gaming rooms
• Social areas
• Classrooms
• Kitchen space
• Recreation swimming
• Splash pad
OPTION 2: NEW COMMUNITY BUILDING
If preferred, a new community building should include, at minimum, the following program spaces: x
• Multi-purpose community rooms
• Social areas
It is recommended the City not renew the lease
and demolish the Kiwanis building to utilize the
space for a community asset to better serve
the San Carlos community. City Staff should
consider developing a new community and
aquatic center on site.
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90 ftImage © 2025 Vexcel Imaging US, Inc.
Image © 2025 Vexcel Imaging US, Inc.
Image © 2025 Vexcel Imaging US, Inc.
CLASSROOM CLASSROOM
STORAGE
RR RR
KITCHEN
LOBBY
HALL / STAFF
WORKSTATIONS
CLASSROOM CLASSROOM
BASEBALL
FIELD
THERAPY ROOM
PATIO
PATIO
RECEPTION
TO ACCESSIBLE
PARKING
TENNIS
COURTS
0 16 FT
KIWANIS BUILDING
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LAUREOLA BUILDING
Recreation Facility | 3,300 Square-Feet
503 Old County Road
The Laureola Building was built in 1959, and
previously housed a city-run preschool and
programs for residents with special needs.
The facility is generally underutilized, only
being occupied occasionally by homeschool
groups during the school year and by the City
for summer camp programs and occasional
community meetings.
It is recommended the City demolish the
Laureola Building to utilize the space for a
new community asset to better serve the San
Carlos community. City Staff should consider
developing a small community facility on site.
Reference Images
Credit: ABACUS Architects
Proposed Improvements Short
Term
Mid
Term
Long
Term
Identify additional programming for this building; Demolish and construct a new recreation building
A new community building should include the following program spaces:
• Multi-purpose community rooms
• Social areas
• Classrooms
• Childcare
x
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60 ft
Image © 2025 Vexcel Imaging US, Inc.
Image © 2025 Vexcel Imaging US, Inc.
Image © 2025 Vexcel Imaging US, Inc.
MULTIPURPOSE
ROOM
STORSTORAGE
STORSTORSTOR
RR RR KITCHEN
PARK
RESTROOM
BLDG
ENTRY RAMP
TO ACCESSIBLE
PARKING
BIFOLDING
PARTITION
BUSINESSES
FRONTING OLD
COUNTRY ROAD
0 16 FT
OFFICE
LAUREOLA BUILDING
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LIBRARY COMMUNITY
ROOMS
Recreation Facility | 16,713 square-feet
601 Chestnut Street
The San Carlos Public Library includes two
multipurpose community rooms on the
second floor, which are available for rental to
community organizations and non-profits for
civic and educational activities and meetings.
The room can be divided into two smaller rooms
with a movable partition. The kitchen serving
the community rooms was remodeled in the
early 2020s with new finishes and appliances.
Enhancements include improving storage for
chairs and tables when not in use and offering
clear wayfinding for visitors on both floors of the
library building.
Proposed Improvements Short
Term
Mid
Term
Long
Term
Provide improved storage for tables and chairs when not in use x Provide interactive wayfinding signage to direct visitors on the first and second floors in coordination with the library x
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MULTIPURPOSE
ROOM B
ELEC STOR
STOR
MULTIPURPOSE
ROOM A
KITCHEN
BIFOLDING
PARTITION
0 8 FT
EXTEND
STORAGE SPACE
LIBRARY COMMUNITY ROOMS
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Proposed Improvements
1 Install large digital displays and new AV equipment in all program rooms 2 Improve the acoustical separation of the Zen Den from the adjacent Game Room 3 Install doors at program rooms adjacent to the Les Mundell Picnic Grove to facilitate indoor-outdoor connection
4 Redesign the Les Mundell Picnic Grove into an “outdoor living room” with seating and lounging opportunities, can include outdoor games
5 Renovate the restrooms to address deficiencies and provide: accessible clearance at all fixtures and new, easy to clean finishes
6 Expand programming into the Kiwanis Building or acquire additional space for programming in order to use space in the Youth Center for single-occupancy all-gender restroom, dedicated staff restroom, storage space, and one additional staff office 7 Building electrification: as building systems and appliances need replacement, select all- electric units that are appropriately sized to meet building demand (including the needs of the commercial kitchen). Upgraded electrical service maybe required
YOUTH CENTER
Recreation Facility | 14,485 Square-Feet
1001 Chestnut Street
The Youth Center was built in 1999 and
renovated in 2018, and serves children and
young teens living in San Carlos. Programs at
the Youth Center include after-school drop-in
time, organized camp programs during school
breaks, family open-gym time, movie nights,
and dances. The center also provides a picnic
grove with picnic areas and open lawn space.
Enhancements can include upgrading and
modernizing equipment, connecting to the
outdoor picnic grove and revitalizing the space
for youth activities, expanding programming
where feasible, and renovating facilities to be
up to code and accessible.
Reference Images
Proposed Improvements Short
Term
Mid
Term
Long
Term
Install large digital displays and new AV equipment in all program rooms x Improve the acoustical separation of the Zen Den from the adjacent Game Room x
Install doors at program rooms adjacent to the Les Mundell Picnic Grove to facilitate indoor-outdoor connection
x
Redesign the Les Mundell Picnic Grove into an “outdoor living room” with seating and lounging opportunities, can include outdoor games x
Renovate the restrooms to address deficiencies and provide: accessible clearance at all fixtures and new, easy to clean finishes x
Renovate the restrooms to address deficiencies and provide: accessible clearance at all fixtures and new, easy to clean finishes x
Building electrification: as building systems and appliances need replacement, consider all-electric units that are appropriately sized to meet building demand
x
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BOY’S RESTROOM
GIRL’S RESTROOM
STOR
DANCE
STUDIO
GYM
LOBBY
ZEN
DEN
GAME
ROOM
BASEBALL
FIELD
KITCHEN
GYM STORAGE
COPY ROOM
STAFF OFFICES
ACCESSIBLE
PARKING
HOMEWORK
ROOM
0 32 FT
ART ROOM
LES MUNDELL PICNIC
GROVE OUTDOOR
“LIVING ROOM” SPACE
INDOOR-OUTDOOR
CONNECTION DOORS
YOUTH CENTER
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4.6 FUTURE PARK AND
FACILITY OPPORTUNITIES
OVERVIEW
As San Carlos continues to grow and evolve,
new park and facility spaces will be needed.
In this section, locations and recreation
opportunities are presented with reference to
existing specific plans and community needs.
PLANNED PARKLAND
Recently approved and new private
development projects in the east side of
the city include Privately Owned Publicly
Accessible (POPA) open spaces. These new
spaces include opportunities for passive and
active recreation, including new trails along
creeks. These spaces would provide more park
and recreation opportunities for San Carlos’
projected population of 46,450 by 2045.
With these additional parkland areas, San
Carlos will continue to expand its green
space access across the entire city, providing
equitable access to all established and future
residents.
Downtown Specific Plan (2025)
The Downtown Specific Plan, currently in
progress, includes space for a new plaza that
will incorporate recreation opportunities for
events, gathering areas, restrooms, programs,
and more. Additionally, as part of this effort,
the City is currently underway with design and
construction documentation for reimagining
Frank D. Harrington Park. The plans expand and
enhance the site into a pedestrian plaza with
a dense tree canopy, seating opportunities,
restroom facilities, performance stage, and
fountain element.
Recommendations
Frank D. Harrington Park is currently classified
as a Mini Park and is recommended to be
reclassified as a Special Use Park. The park
should host civic events, fairs, and concerts and
provide standard park amenities of seating,
trash receptacles, and signage. The park
should adhere to the Park Design Principles and
Considerations mentioned in Section 4.3.
Figure 4-1: Proposed Frank D. Harrington Park redesign (Credit: WRT, LLC 2025)
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Northeast Area Specific Plan (2025)
The Northeast Area Specific Plan, slated for
adoption in 2026, plans to incorporate public
open space within the planning area and a
greenway trail along Belmont Creek.
Policy 4.7.2 Minimum Publicly Accessible
Open Space
A community park/open space shall be
provided that meets the following design
criteria:
•
Is a minimum of 15% or 10% percent of
site area depending on the total lot size;
•
Is located at ground level with direct
pedestrian and American with Disabilities
Act (ADA) access to the adjacent public
street;
•
Is unenclosed by any wall, fence, gate,
or other obstruction across the subject
property;
•
Is open to the public, without charge,
each day of the year, except for
temporary closures for necessary
maintenance or public safety;
•
Water quality facilities that include
recreational facilities, (e.g., underground
detention basins with recreational facilities
above) may count towards the minimum
park space requirement.
Recommendation
The planned public open space should be
classified as a community park and adhere to
the standard amenities referenced in Section
4.3 Park Design Principles and Considerations
and Section 4.4 Park Classifications. To fulfill
Level of Service needs, a play area, multi-use
field, basketball court, and pickleball court
should be included alongside reservable picnic
areas and restrooms. A small dog off-leash
area should be designated within the park or
development.
East Side Innovation District
Vision Plan (2021)
The East Side Innovation District (ESID) Vision Plan,
adopted in 2021, suggests plans for linear parks
along former rail lines and the transformation of
the existing City-owned corporation yard into a
park site. The potential of converting the city-
owned corporation yard to a public park space
would alleviate capacity pressure at Laureola
Park by extending outdoor opportunities to
residents on the East Side, increasing the
parkland level of service and evening out
distribution of parkland and amenities
Open Space and Environment Goal 2:
Establish an Open Space Network
• Study the potential of relocating the City-
owned corporation yard and repurposing
some or all of the site into a community
open space or linear park.
•
Implement the “discovery path” (a linear
park with a minimum width of 44 feet
and both circulation and landscaping
elements).
Recommendation
All parks located within the East Side Innovation
District should be classified as either Mini
Park, Neighborhood Park, or POPA spaces
depending, and include the standard amenities
noted in Section 4.3 of this Chapter.
Figure 4-2: East Side Innovation District Vision Plan
open space illustration
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NEW COMMUNITY AND
AQUATIC CENTER
A new community center with an aquatic
facility was identified as a top priority by the
community, City staff, and the City Council. In
response, the City launched a collaborative
process to determine the best path forward
in locating and designing a new facility for
residents to enjoy. This included engaging the
community and City Council in conversations
about potential site locations, evaluating
land availability, space, and feasibility,
while gathering input on the desired design,
amenities, and programming. Through this
process, the preferred site and overall concept
began to take shape, ensuring the final design
reflects both community priorities and City
goals, delivering a new facility that serves the
San Carlos community for generations to come.
PROJECT CURRENTLY IN PROGRESS.
MORE INFORMATION TO BE SHARED IN THE FINAL
DRAFT MASTER PLAN 2026.
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PROJECT CURRENTLY IN PROGRESS.
MORE INFORMATION TO BE SHARED IN THE FINAL
DRAFT MASTER PLAN 2026.
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SYSTEM-WIDE
The following programming recommendations
are suggested for the entire recreation system
and can be implemented at any facility or park
where feasible.
Inclusive Programs
Develop a partnership with local non-profits or
establish a reciprocal membership program
with Redwood City for Adaptive or Inclusive
programs for patrons with special needs.
eGaming
Expand the eGaming/eSports and develop AI-
assisted programs for all ages. These programs
utilize facilities that differ from the already highly
programmed field and outdoor spaces in San
Carlos, providing opportunities to maximize
facility utilization and increase revenue.
Youth Programs
Integrate programming with youth volunteers.
Engage the Youth Advisory Council to
determine where teens can make the most
meaningful contributions to the organization.
Create seasonal block parties that rotate
among park locations to engage all
neighborhoods and age groups. Block parties
should include food trucks and vendors, games,
and music for all ages.
Expand the Youth Advisory Council’s
programming to include a Youth in Government
program. The program should focus on civic
engagement and participation in local
government.
Joint Use Agreements
Continue to partner with the San Carlos
School District in Joint Use Agreements that
dictate shared facilities and field maintenance
management with the School District and
expand facility and field access.
4.7 RECREATION AND PARK
PROGRAMMING
Inclusive programs
eGaming
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SITE-SPECIFIC
RECOMMENDATIONS
The following recommendations provide site
specific programming recommendations for
dog parks, Arguello Park, Highlands Park, the
Youth and Adult Community Centers, and the
open space areas.
Dog Parks
• Develop a “Paws in the Park” social hour
with pet wellness checks by local vets,
training demonstrations, and dog-friendly
games. Coordinate dog park events with
local adoption or rescue groups.
•
Create dog training and behavior
workshops that rotate between dog
parks, the agility course, and open space
trailheads. Trainings could include puppy
basics and leash training, managing
reactive behavior, and trail etiquette.
•
Create a dog and owner fitness class.
Arguello Park
• Introduce adventure-based learning, such
as a bike skills workshop or nature survival
games, leveraging the pump track, mini
ropes course, and open space.
•
Adult fitness classes that encourage
preschool-age participation or allow
guardians to bring their children should be
introduced to ensure programs meet the
needs of both guardians and preschool-
age children.
•
Develop inspection and maintenance
requirements to mitigate liability related
to the mini-ropes course. These include
daily and weekly visual inspections,
maintenance logs, hardware and
equipment checks, erosion and
environmental control checks, signage,
and incident reporting procedures.
•
Initiate regular professional ropes course
inspections from accredited organizations
like the Association for Challenge Course
Technology (ACCT) or the Professional
Ropes Course Association (PRCA). The
operation of the course should be aligned
with the broader risk management
strategies employed by the Department.
•
Develop inspection and maintenance
requirements for the pump track. Natural
surface pump tracks require erosion
and drainage management, surface
compaction and restoration, signage,
trash removal, regular raking and touch-
ups, and surface watering to mitigate
dust and improve compaction. Hard
surface pump tracks require less regular
maintenance, including blowing surfaces,
patching edges or potholes, and general
maintenance.
•
Increase Park Maintenance staffing by
one (1) FTE to address increased workload
Dog training program
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due to the mini ropes course and pump
track. If the pump track is a natural
surface, an additional 0.5 FTE should be
included to account for the increased
day-to-day operations and maintenance
needs.
Big Canyon and Eaton Parks
• The recommended restroom addition at
Big Canyon Park should be added to the
existing custodial contract.
•
Create a trail running or hiking club that
meets at various parks throughout the
City’s system. The club may be led by a
volunteer or by a contracted instructor.
Include different themes throughout the
year, such as night hikes, history talks, trail
etiquette, nature scavenger hunts, hiking
safety, and other culturally responsive
themes to engage all generations.
Burton Park
• Introduce intergenerational fitness
programs aligned with NRPA’s emphasis
on multigenerational health and wellness.
•
Launch a seasonal event series, such
as “Cultural Nights at Burton” or “Teen
Takeover,” to attract underserved age
groups, including middle and high
schoolers.
Highlands Park
• Develop a youth sports conditioning
program, such as NRPA-endorsed “Boost
Camps,” for kids aged 9-12, focusing on
injury prevention and agility.
•
Create a seasonal adult pickleball
league with beginners’ clinics and family
doubles days to foster inclusive, skill-based
programming.
•
Create teen fitness and mindfulness
sessions near the walking loop, integrating
physical and mental wellness.
Laureola Park
• Launch Pop-Up Theater in the Park, a low-
barrier introduction to improvisation for
youth and seniors. Programs could include
Shakespeare in the Park and other free
community performances. Residents
should be encouraged to bring a picnic
and chairs to the park. Food trucks and
additional vendors can be included.
Fitness programs in the park
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Adult Community Center (ACC)
• Introduce intergenerational programs,
like storytelling with youth, art swaps, or
collaborative gardening.
•
Consider utilizing the ACC for teen and
intergenerational programming after daily
meals and throughout the evening, when
senior programs are less frequent. Expand
intergenerational programming at the
ACC to include preschool programs that
engage seniors to participate with youth
and preschool-age children, including
reading, crafts, and storytelling.
Youth Center
• Expand tech literacy and digital media
programming, such as podcasting,
gaming tournaments, and video editing
labs.
•
Host youth town halls and civic
engagement programs, using NRPA’s
recommendations to encourage
leadership and advocacy among teens.
Engage the Youth Advisory Council
to assist with recommendations and
engaging teens.
•
Add a screen-free social club with games,
book exchanges, and wellness activities
to foster peer connections outside digital
spaces.
Teens art mural project at Carpinteria Arts Center
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San Carlos Parks Master Plan, City of San Carlos
Task 12 Round 1, Community Center & Aquatic Facility Outreach Summary Outreach Activity
• Community Meeting at the ACC (September 17, 2025) – 105 in-person attendees o Presentation following by review of site options and discussion with the project team. Attendees were directed to the online survey to provide their feedback and provide ranking for the options.
• Online Survey (September 17-24, 2025) – 1,442 participants Participant Profile
Survey participants represented a diverse range of age groups and backgrounds. • Over 95% of survey respondents are residents of San Carlos, with 27% living in the Central/Downtown area and 26% living in West San Carlos. 9% of participants live in East San Carlos.
• 90% of survey participants are adults over age 35.
• Responses were received from participants representing at least six different ethnicities.
Overall Findings
Community feedback showed a clear preference for Burton Park Option 1, which was ranked highest overall, providing new amenities while preserving open fields and maintaining Burton Park’s role as a central gathering hub with minimal disruption. Burton Park Option 2 appealed to those seeking expanded aquatics and recreation facilities but raised concerns about traffic, parking, and field loss. Laureola Park attracted support for providing better distribution of amenities and revitalizing an underused space, but was the lowest overall preference due to challenges with access and congestion. Across all options, residents emphasized the importance of field preservation, aquatics expansion, equitable distribution, and traffic management.
Statistics
Site Option # of First-Choice Votes Avg. Rank (1 = best) Takeaway Burton Park
Option 1 566 (43% of votes) 1.75 Clear top choice; least controversial
Burton Park
Option 2 403 (30% of votes) 2.02 Strong interest, but
concerns about tradeoffs
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Task 12 Round 1, Community Center & Aquatic Facility Outreach Summary Site Option # of First-Choice Votes Avg. Rank (1 = best) Takeaway Laureola Park 355 (27% of votes) 2.24 Niche support; generally least favored
No Selections 119 (8% of total
participants) --- ---
Summary of Comments
The community survey results revealed a definitive preference for Burton Park Option 1 as the site for the new community center and aquatics facility in San Carlos. This option received the highest number of first-choice rankings and the strongest overall average rating. Residents value its ability to add amenities while preserving Burton’s open fields, which are essential for youth sports, community events, and the park’s identity as a central gathering space. Many respondents described it as the “least disruptive” option, and compared with the other sites, it generated fewer concerns overall.
Burton Park Option 2 also drew meaningful support, particularly from those who prioritized expanded aquatics capacity, pickleball courts, and creating a family-friendly hub in a walkable, central location. However, concerns about traffic congestion, parking strain, and the loss of field space were raised repeatedly, suggesting that this option would require significant mitigation efforts. Although it received the least amount of support, Laureola Park was favored among residents seeking equity and revitalization, who saw it as an opportunity to distribute amenities more evenly across the city and breathe new life into an underutilized park. At the same time, Laureola’s drawbacks focused on poor pedestrian and biking access, limited parking, and a perception of being less central and convenient.
Across all options, recurring themes emerged: the preservation of open fields, the importance of aquatics expansion, equitable distribution of amenities, and universal concerns about traffic and access. While a small minority opposed all three options or the project itself, and a modest share expressed no concerns, the overwhelming majority provided constructive feedback. Taken together, the results suggest a substantial community support for Burton Park Option 1 as the preferred site direction, while recognizing that some aspects of Burton Park Option 2 and Laureola Park should still be considered to better incorporate facility enhancements and address concerns about equity, parking, and accessibility.
Deeper Analysis
The survey results show a clear preference for Burton Option 1, with strong support for preserving fields and maintaining Burton Park’s role as a central hub. Burton Option 2 drew meaningful
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Task 12 Round 1, Community Center & Aquatic Facility Outreach Summary support from those seeking expanded aquatics and pickleball facilities, while Laureola appealed to residents focused on equity and revitalization, particularly in East San Carlos. Each option has its champions, but Burton Option 1 consistently emerged as the top choice both in raw votes and average ranking.
At the same time, the feedback reflects important nuances. Traffic, parking, and access were universal concerns across all sites, while some respondents expressed skepticism about the tradeoffs involved in any of the locations. A small but notable share of participants — about 5% of all respondents — opposed the project outright, questioning the need for a new facility or objecting to the loss of existing open space. By contrast, around 95% engaged constructively, either offering strong support for a site, highlighting desired benefits, or identifying specific concerns to be addressed.
Taken together, the results present a community that is broadly supportive of moving forward, with Burton Option 1 as the preferred direction, but also one that expects city leaders to acknowledge tradeoffs, address traffic and field preservation directly, and clearly articulate the value of a new facility. The data shows both enthusiasm and caution — an approval to proceed, but thoughtfully.
Survey responses also reveal some geographic patterns in site preferences. Burton Option 1 was the leading choice in most parts of San Carlos — particularly in the south, west, and north, where residents placed a high value on preserving Burton’s fields and central gathering role. Laureola emerged as the preferred option only for respondents from East San Carlos, reflecting a desire to revitalize that park and bring more amenities to the east side of town; however, the second-highest ranked option by east-side residents, Burton Option 1, was only two votes less. This close margin shows that many of those who live in East San Carlos prefer an alternate location for the facility and suggests that while equity of amenity distribution is a meaningful value, the opportunities presented by Burton Option 1 may carry more weight, even outside its own neighborhood.
Residents in Central/Downtown San Carlos were more evenly split, with strong support for all three sites, showing how centrally located neighborhoods feel connected to multiple options.
Among respondents from outside San Carlos, preferences leaned more toward Laureola and Burton Option 2, possibly reflecting less attachment to Burton’s existing amenities and more interest in aquatics access. Overall, the results suggest that while Burton Option 1 has the broadest citywide support, Laureola resonates locally in the east and Burton Option 2 appeals to those prioritizing aquatics expansion, making geographic equity and facility design tradeoffs important considerations in the final decision.
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San Carlos City Parks, Recreation and Culture Commission Regular Meeting
San Carlos Library-2nd Floor Community Room 10 Elm Street, San Carlos, CA 94070
October 8, 2025 7:00 PM
DRAFT MEETING NOTES
.
Commissioners Present: Julie Lubetkin, Chair
Bob Bollier, Vice Chair
Elaine Kistenmacher
Alex Seeber
Mark Stogner
Staff Present: Amy Newby, Parks & Recreation Director
Tyler Muela, Recreation Manager
Hilda Pacheco, Administrative Assistant
Lisa Costa Sanders, Parks Master Plan Project Manager, Good City Company Casey Case, President, Gates Studio
Discuss and Provide Recommendation to City Council on Parks Master Plan Draft Recommendations from Gates Studio
Casey Case, President of Gates Studio, presented the proposed recommendations for the Community & Aquatic Center options after gathering community feedback and studying various sites that meet the community’s needs. The locations were narrowed down to two options at Burton Park and one at Laureola Park. The community survey received over 1,400 responses, with Burton Park – Option 1 (which places sport courts on the roof while retaining Madsen Field) receiving the highest level of support. The survey was designed to understand the reasoning behind respondents’ preferences.
Supporters of the Burton Park option cited its central location and the addition of new amenities in an accessible area. In contrast, supporters of the Laureola Park optio n appreciated the revitalization of an underused park and the creation of a new recreational hub in East San Carlos. Concerns about the Burton Park option included increased traffic, intensified park use, and the need for improved bike and pedestrian safety. Concerns about the Laureola Park option included limited access and connectivity, as well as the potential removal of courts and fields.
The next step is to develop conceptual plans for the preferred site, validate the design through another round of community outreach, and integrate it into the broader Parks Master Plan.
Commission Discussion Highlights:
• The size of the proposed community center ranges from a minimum of 17,000 square feet to a maximum of 30,000 square feet to accommodate the proposed amenities.
• The aquatics center is planned as a recreational pool, based on community input.
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• Rooftop sport courts are proposed to maximize space efficiency.
Public Comment on the Community & Aquatic Center options:
Laureen Cortez, President of San Carlos Tennis Club with a current membership of 650 members, expressed concerns about court allocation, rooftop courts, and lighting impacts on nearby residents. She advocated for building more tennis courts due to their multi-use potential, including pickleball.
Leslie Doohan, San Carlos Tennis Club member and pickleball player, emphasized the growing demand for tennis courts and noted that one tennis court can be converted into multiple pickleball courts.
Thomas Fuerst, San Carlos Tennis Club member, cautioned against removing courts and noted that rooftop courts may limit access and availability.
Mike Swire, San Carlos Tennis Club member, advocated for preserving existing court capacity and stated that traffic concerns should not deter the best option, but rather be addressed directly.
Andrew Neff, San Carlos resident of 20 years, now Belmont resident of 10 years, highlighted the high operating costs of pools compared to the multi-use value of tennis courts and expressed concern about losing them.
Valery Soloviev, San Carlos resident of 20 years, emphasized the high demand for tennis courts and preferred Laureola Park or other alternatives to Burton Park.
Elie Massabki, San Carlos resident of more than 25 years, shared that due to high demand, they often travel to neighboring cities to find available tennis courts.
Commissioners discussed the following:
• Commissioners acknowledged the community’s strong support for Burton Park and agreed to include concerns about retaining tennis courts in their recommendation to the Council.
• They further discussed survey results and feedback from meeting attendees. • Amy Newby, Parks & Recreation Director clarified that the site plan options with colored boxed areas are conceptual to understand the breadth, scope and sizes of these facilities and through outreach identified our needs but through further refinement might be scaled back . This is considered a high-level conceptual design at this time and will be refined.
MOTION: Recommend Burton Park Option 1 as the preferred site for the Community & Aquatics Center with consideration to preserve 3 tennis courts at surface level and explore additional courts at Laureola Park
MOVER: Bob Bollier
SECONDER: Julie Lubetkin
AYES: Bollier, Kistenmacher, Lubetkin, Seeber, Stogner.
NAYS: None.
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ABSENT: None.
RESULT: Motion Passed 5- 0 - 0
Casey Case continued the presentation by reviewing site -specific recommendations for each park and facility. Each site included proposed improvements categorized by timeline: short-term (0–5 years), mid-term (5–10 years), and long-term (10–20 years).
These improvements include restoration and maintenance, wayfinding signage, upgrades to play features, and enhanced accessibility.
Commissioners discussion and feedback:
• The Kiwanis Building, leased to Arbor Bay School since 2009, is recommended to return to community use by not renewing the lease as part of the Parks Master Plan.
• Focus should be placed on improving the playground and existing facilities at Highlands Park, rather than expanding on-site parking or adding more courts. • Emphasis on increasing accessibility and inclusion in parks and playgrounds. • Consideration of blue light emergency call stations along trails. • Improvements needed for pedestrian crossings near Highlands Park. • Emphasis on developing a future master plan for Laureola Park. • Concerns raised about dog use at Hillcrest Park.
• Prioritize short-term improvements, which will be included in an implementation/action plan for the City.
Public Comment on Draft Recommendations:
Maryann McLaughlin, San Carlos resident, supported converting two courts at Highlands for pickleball as a modest and reasonable step to balance community needs.
Phillipe Huibonhoa, San Mateo resident and pickleball player, noted that players are leaving to play in other cities due to long wait times and urged the City to add more courts.
Kelly Tanabe, Belmont resident and pickleball player, requested the addition of two more pickleball courts at Highlands due to high demand.
Vicky Miller, Redwood City resident and pickleball player, former tennis player emphasized that while she supports pickleball, she does not want to take away from tennis. She noted that tennis courts are often available.
Julie Lenden, 25+ year San Carlos resident and pickleball player, highlighted the mental health benefits of pickleball, especially in combating loneliness, and advocated for more courts.
Marci Lyzun, San Carlos resident for 61 years, stated that Laureola Park is in poor condition and expressed opposition to adding a pool at Burton Park. She urged the Commission to reject all three proposals.
Brian Balbon, San Mateo resident and San Carlos Tennis club member, commented that while the proposed plan seems expensive, more courts are clearly needed.
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Alexis McFarlane, San Carlos resident, advocated for using real grass instead of turf due to health concerns and suggested rooftop pickleball courts, referencing Cañada College as an example.
Elie Massabki, San Carlos resident of more than 25 years, inquired about resurfacing the tennis courts at Burton Park and mentioned the poor condition of the court lights.
Amy Newby responded that the court lighting project will soon go out to bid for LED conversion.
Mike Swire, San Carlos Tennis Club member, suggested that Burton Park Option 2 could create three new pickleball courts and noted the need for additional parking at the park.
Laureen Cortez, President of San Carlos Tennis Club, proposed further discussion of a racket center to serve both tennis and pickleball needs. She also emphasized the need for more community meeting spaces in the plan.
Commissioner discussion:
Commissioners asked how the need for new playground structures is determined and how the youth are surveyed. Round 2 of outreach included middle school students who shared what amenities they enjoy and want to see in the future.
MOTION: Recommend Parks Master Plan recommendations to the City Council with the Commission provided feedback
MOVER: Alex Seeber
SECONDER: Mark Stogner
AYES: Bollier, Kistenmacher, Lubetkin, Seeber, Stogner.
NAYS: None.
ABSENT: None.
RESULT: Motion Passed 5- 0 - 0
Amy Newby provided background on the partnership with the City and the San Carlos School District, which has changed over time and more recently formalized the partnership through a Joint Use Agreement that allows shared facility spaces, field maintenance and City supporting the crossing guard program. The policy question before the Commission is whether we should continue to expand the partnership with the School District and explore opportunities for additional amenities and access.
Commissioner discussion:
• Support was expressed to expand the partnership with the School District to expand recreational opportunities for the community.
• Noted there is a need in the community for more space to play tennis and pickleball
Public Comment on Providing Direction to City Council to collaborate with San Carlos School District:
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October 8, 2025 5
Laureen Cortez, President of San Carlos Tennis Club, stated that the Arundel tennis courts serve as the club’s home. The club rents the courts from the School District and the club has invested in maintaining the courts and expressed the importance of thei r frequent use during the weeknight evenings from 7 p.m. to 9 p.m., Saturday 1 p.m. to 9 p.m. and Sundays all day, all throughout the year. She also mentioned that Silicon Valley Tennis Association has the Arundel tennis courts during the day Monday through Saturday from 9 a.m. to 7 p.m. for their private lessons and youth programs.
MOTION: Recommend to City Council to consider expanding the partnership with the San Carlos Elementary School District and look towards other opportunities for amenities
MOVER: Julie Lubetkin
SECONDER: Mark Stogner
AYES: Bollier, Kistenmacher, Lubetkin, Seeber, Stogner.
NAYS: None.
ABSENT: None.
RESULT: Motion Passed 5- 0 - 0
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CITY COUNCIL
STAFF REPORT
MEETING DATE: October 27, 2025
ITEM TITLE: Consideration of Introducing Ordinances Amending San Carlos Municipal Code Chapter 15.04 - Technical Building Codes, Adopting the 2025 California Building Code Series; and Amending San Carlos Municipal Code Section 15.04.110 – Title 24, Part 9, California Fire Code, Adopting the 2024 Edition of the International Fire Code with the 2025 California Fire Code Amendments.
RECOMMENDATION:
Staff recommend that the City Council introduce the following two Ordinances:
1. Amending San Carlos Municipal Code Chapter 15.04 – Technical Building Codes – adopting the 2025 Editions of the California Administrative Code, California Building Code (Volumes 1 and 2), California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, 1997 Uniform Security Code, the 2024 Edition of the International Property Maintenance Code with Amendments and modifications, and Safety Assessment Program (SAP) Placards.
2. Amending San Carlos Municipal Code Section 15.04.110 – Title 24, Part 9, California Fire Code – adopting the 2024 Edition of the International Fire Code and the 2025 California Fire Code including all adopted standards.
FISCAL IMPLICATIONS:
There is no fiscal impact, and no additional appropriation is needed.
Building Division and Fire Department fees will not be changed by adoption of the 2025 California Building and Fire Code series. Any costs associated with training will be covered by the adopted Building Division budget.
BACKGROUND:
The 2025 California Building Code (CBC) series has been released by the State of California and will go into effect on January 1, 2026. The 2025 CBC series is an update to the 2022 CBC series.
The updates are developed through a comprehensive multi-state agency and stakeholder effort including: the Department of Housing and Community Development; Division of State Architect; Office of Statewide Health Planning and Development; Office of the State Fire Marshal; Department of Public Health; California Energy Commission; industry stakeholders; and interested members of the public. At the local level, the International Code Council (ICC)
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Peninsula Chapter and local building officials provided input, also, during the code writing process.
ANALYSIS:
Notable Changes to the 2025 California Building Codes and Other Regulatory Requirements 1) California Assembly Bill (AB) 130
AB 130 adds several provisions that limit the ability to make modifications to the California Building Standards Code relating to residential units, including the following:
Local Amendments Restriction: From October 1, 2025 to June 1, 2031, a city or county is generally prohibited from making changes to provisions that are published in the California Building Standards Code and that apply to residential units unless certain conditions are met (e.g., deemed necessary by the California Building Standards Commission as emergency standards to protect health and safety). (Health & Safety Code Sections 17958, 17958.5, 17958.7, 18941.5.)
Building Code Amendment Restriction: Similarly, from October 1, 2025 to June 1, 2031, the California Building Standards Commission is generally prohibited from making changes to provisions that are published in the California Building Standards Code and that apply to residential units unless certain criteria are met (e.g., deemed necessary as emergency standards to protect health and safety). (Health & Safety Code Sections 18929.1 and 18930.)
2) The 2024 International Fire Code and the 2025 California Fire Code The City of San Carlos is formally required to adopt a Fire Code and to comply with California Health and Safety Code Sections 13143.5, 13145, and 13146. The proposed Ordinance (Attachment 2) reflects practical enforcement of the California Fire Code and will not pose an unreasonable financial hardship to stakeholders within the jurisdictional boundaries of the City.
Amendments to the Fire Code were made to be consistent with the findings of California AB 130.
The San Carlos Fire Department also recommends eliminating or modifying certain past amendments that have proven excessive or not significantly beneficial to community fire and life safety. These revisions will not reduce the reasonable expectation of safety but will lower construction costs, particularly for residential occupancies. These changes also support consistency across San Mateo County, as San Carlos Fire Department participates in an automatic aid system with surrounding jurisdictions.
3) Bay Area Air District Rules and Compliance Timeline
The Bay Area Air District has rule amendments that will apply to the replacement of and purchase of new zero nitrogen oxide (NOx) emitting appliances, as follows:
2027 – Only zero NOx water heaters (less than 75,000 BTU/hr) can be sold or installed in the Bay Area.
2029 – Only zero NOx residential and commercial furnaces can be sold or installed in the Bay Area.
2031 – Only zero NOx larger commercial and multi-family water heaters (between 75,000
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and 2 million BTU/hr) can be sold or installed in the Bay Area. 4) The 2025 Energy Code and New Single-Family Residential Changes One of the significant changes in the 2025 Energy Code for single-family buildings is the prescriptive requirement for both water heating and space heating to be heat pumps. The 2025 Energy Code updates also increase the building envelope efficiency, refine solar photovoltaic calculations, clarify requirements for lighting, and increase the efficiency of pool and spa heating equipment.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Introduce an Ordinance amending San Carlos Municipal Code Chapter 15.04 - Technical Building Codes, adopting the 2025 California Building Code Series; and introduce an Ordinance amending San Carlos Municipal Code Section 15.04.110 - Title 24, Part 9, California Fire Code, adopting the 2024 Edition of the International Fire Code with the 2025 California Fire Code Amendments; or
2. Do not introduce the proposed Ordinances; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Robert Lord, Assistant Building Official;
Chris Valley, Building Official; and
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Ordinance – Building Code
Exhibit A to Ordinance – Building Code Edits with Track Changes
2. Ordinance – International Fire Code
Exhibit A to Ordinance – Fire Code Edits with Track Changes
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF SAN CARLOS
AMENDING SAN CARLOS MUNICIPAL CODE CHAPTER 15.04 - TECHNICAL BUILDING CODES, ADOPTING THE 2025 EDITIONS OF THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE (VOLUMES 1 AND 2), CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL
CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, 1997 UNIFORM SECURITY CODE, THE 2024 EDITION OF THE INTERNATIONAL PROPERTY
MAINTENANCE CODE WITH AMENDMENTS AND MODIFICATIONS, AND SAFETY ASSESSMENT PROGRAM (SAP) PLACARDS.
The City Council of the City of San Carlos does hereby finds and declares as follows:
SECTION 1:
WHEREAS, the 2025 California Building Code series has been released by the State of California and will go into effect, January 1, 2026, and; WHEREAS, the amendments are intended to be reasonable, not overly burdensome, and in keeping with those proposed by neighboring cities within San Mateo County; and WHEREAS, the goal of local Building Officials is to maintain code consistency amongst jurisdictions by having as few local amendments as possible; and WHEREAS, AB 130 states that from October 1, 2025, to June 1, 2031, a city or county is generally prohibited from making changes to provisions that are published in the California Building Standards Code that apply to residential units unless certain conditions are met (e.g., deemed necessary by the California Building Standards Commission as emergency standards to protect health and safety). (Health & Safety Code Sections 17958, 17958.5, 17958.7, 18941.5.) SECTION 2: Chapter 15.04, Sections 15.04.010, 15.04.020, 15.04.030, 15.04.040,
15.04.045, 15.04.050, 15.04.060, 15.04.070, 15.04.080, 15.04.090, 15.04.100, 15.04.120,
15.04.125, 15.04.130, 15.04.140, 15.04.150, 15.04.160, and 15.04.170 of the San Carlos Municipal Code is hereby amended as set forth in Exhibit A attached hereto.
SECTION 3: The City Council hereby approves the Municipal Code Ordinance amendment attached as Exhibit A.
SECTION 4: CEQA. This Ordinance is exempt from additional environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3); under the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5: 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
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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 6: 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 October 2025, and passed and adopted as an Ordinance of the City of San Carlos at a regular meeting thereof held on the _____ day of ___________ 2025, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A: San Carlos Municipal Code Chapter 15 Updates AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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Exhibit A to Ordinance – Building Code Edits
Chapter 15.04
TECHNICAL BUILDING CODES*
Sections:
15.04.010 Adoption of codes by reference—Copies on file.
15.04.020 City Council findings.
15.04.030 Title 24, Part 1, California Administrative Code.
15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices, amendments, and modifications
15.04.045 Title 24, Part 2.5, California Residential Code with appendices, amendments, and modifications.
15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.
15.04.060 Title 24, Part 4, California Mechanical Code with appendices.
15.04.070 Title 24, Part 5, California Plumbing Code with appendices.
15.04.080 Title 24, Part 6, California Energy Code with appendices.
15.04.090 Title 24, Part 7, California Wildland-Urban Interface Code with appendices.
15.04.100 Title 24, Part 8, California Historical Building Code.
15.04.110 Title 24, Part 9, California Fire Code.
15.04.120 Title 24, Part 10, California Existing Building Code.
15.04.125 Title 24, Part 11, California Green Building Standards Code (CALGreen).
15.04.130 Title 24, Part 12, California Referenced Standards Code.
15.04.140 1997 Uniform Building Security Code.
15.04.150 20212024 International Property Maintenance Code.
15.04.160 Safety Assessment Program (SAP) placards.
15.04.170 Findings.
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* Prior ordinance history: Ords. 1021, 1078, 1099, 1104 and 1267.
15.04.010 Adoption of codes by reference—Copies on file.
The City Council finds that the requirements of Government Code Sections 50022.4, 50022.5 and 50022.6 relating to adopting codes by reference have been met. The City Council directs that one (1) copy of each code adopted by reference shall be placed on file with the Building Official and maintained there for public inspection while the said codes are in effect. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.020 City Council findings.
The City Council finds that modifications are required for the respective codes being adopted herein. Specifically, local climatic, geologic, topographic, and social conditions necessitate the modifications as listed in Section 15.04.170. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1448 § 2, 2012: Ord. 1428 § 2 (part), 2010)
15.04.030 Title 24, Part 1, California Administrative Code.
Title 24, Part 1, the California Administrative Code, 20222025 Edition, is hereby adopted by reference. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices, amendments, and modifications
Title 24, Part 2, California Building Code, 20222025 Edition, Volumes 1 and 2, is hereby adopted by reference, with the following selected appendices, amendments and modifications:
A. Section 113, Board of Appeals, is deleted in its entirety and replaced with Title 24, Part 3, the California Electrical Code, 20222025 Edition, Section 89.108.8, Appeals Board.
B. Division II, Scope and Administration, is adopted and amended as follows:
Section 105.2(2) Fences not over 6 feet high. Add: plus 12" of lattice. See the San Carlos Municipal Code, Section 18.15.040.
Section 105.2(4) Retaining walls that are not over 4 feet high measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. Add: Wood retaining walls are limited to 3 feet tall without permits. Retained soil at top of wall limited to 2:1 slope.
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Section 105.2 (6) is deleted.
C. Section 901.2, add:
as amended by the City of San Carlos Fire Department.
D. Section 1705A.31705.3, Exception, 1, add:
where the structural design of the footing is based on a specified compression strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).
E. Section 2308.7.12308.3.1, Foundation plates or sills, is modified to read as follows:
Section 2308.7.12308.3.1 Foundation plates or sills. Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates or sills shall be bolted or anchored to the foundation with not less than 5/8-inch diameter (15.875 mm) steel bolts or approved anchors spaced to provide the equivalent anchorage as the steel bolts. Bolts shall be embedded not less than 7 inches (178 mm) into concrete or masonry. The bolts shall be located in the middle third of the width of the plate. Bolts shall be spaced not more than 6 feet (1829 mm) on center and there shall be not less than two bolts or anchor straps per piece with one bolt or anchor strap located not more than 12 inches (305 mm) or less than 4 inches (102 mm) from each end of the piece. Bolts in sill plates of braced wall lines in structures over two stories above grade shall be spaced not more than 4 feet (1219 mm) on center. A properly sized nut and washer shall be tightened on each bolt to the plate.
F . CBC Appendix Chapter I is selected and adopted. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.045 Title 24, Part 2.5, California Residential Code with appendices, amendments, and modifications.
Title 24, Part 2.5, California Residential Code, 20222025 Edition, is hereby adopted by reference, with the following selected appendices, amendments, and modifications:
A. Section R105.2, Work exempt from permit. Items 2, 5, and 10 are deleted.
B. Section R112, Board of Appeals, is deleted in its entirety and replaced with Title 24, Part 3, the California Electrical Code, 20222025 Edition, Section 89.108.8, Appeals Board.
C. Chapter 2, Definitions, add:
RESIDENTIAL RECONSTRUCTION. A residential-type project where the building at any time is uninhabitable, including removal of any or all utilities (water, electrical, natural gas, or
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sewer); or the project provides no permanent kitchen or bathroom facilities; or the project provides no shelter or ability to maintain heat as defined by code; or when over 50% of the foundation is replaced or reinforced other than the repair of a foundation failure; or when over 50% of the exterior wall framing above the foundation is removed or replaced. Final determination whether a project meets the definition of residential reconstruction shall be made by the Building Official.
D. Section R309.2313.2, One- and two-family dwellings automatic fire systems, add:
An automatic residential fire sprinkler system, in accordance with R309313 or NFPA 13D, shall be installed in Residential Reconstruction projects of 2,500 square feet or greater, or the structure increases height from one-story to a two-story single-family dwelling and is greater than 2,500 square feet.
E. Section R311.7.5.1, Risers, add:
The minimum stair riser height shall be no less than 4 inches (102 mm).
F . Section R403.1.6, Foundation anchorage, is modified to read as follows:
R403.1.6 Foundation anchorage. Wood sill plates and wood walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.
Cold-formed steel framing shall be anchored directly to the foundation or fastened to wood sill plates in accordance with Section R505.3.1 or R603.3.1, as applicable. Wood sill plates supporting cold-formed steel framing shall be anchored to the foundation in accordance with this section.
Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum 5/8-inch diameter (15.875 mm) anchor bolts spaced not greater than 6 feet (1829 mm) on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to 5/8-inch diameter (15.875 mm) anchor bolts.
Bolts shall extend not less than 7 inches (178 mm) into the concrete or grouted cells of concrete masonry units. The bolts shall be located in the middle third of the width of the plate. A nut and washer shall be tightened on each anchor bolt. There shall be notno fewer than two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R304317 and R305318. Anchor
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bolts shall be permitted to be located while concrete is still plastic and before it has set.
Where anchor bolts resist placement or consolidation of concrete around anchor bolts is impeded, the concrete shall be vibrated to ensure full contract between the anchor bolts and concrete.
Exceptions:
1. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with notno fewer than one anchor bolt located in the center third of the plate section. and shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(1).
Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(1).
G. CRC Appendix Chapters AH, AJ, AK, AO, AQ, AT, AV , and AXBB, BF , BG, BH, BO, CI, CJ are selected and adopted. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019:
Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.
Title 24, Part 3, California Electrical Code, 20222025 Edition, is hereby adopted by reference, with the following amendments and modifications:
A. Section 89.108.4.1, Permits (a), add:
A California State Licensed Electrical Contractor is required to obtain the permit for all electrical work performed in all occupancies except single family dwellings, attached or detached garages, carports or accessory buildings.
B. Chapter 1, Article 100, Definitions: Approved, add:
Existence of a factory applied label or application of a field applied label by an agency listed on OSHA’s Nationally Recognized Testing Laboratory (NRTL) Program approved by the AHJ to test and label is an alternate method of approval. See the list of recognized third party testing and labeling agencies.
C. Chapter 1, Article 100, Definitions: Authority Having Jurisdiction (AHJ), add:
The Authority Having Jurisdiction is the Building Official of the City of San Carlos.
D. Section 705.20, Disconnecting means: Replace Item 3 “Located where readily accessible” with:
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All ESS and battery back-up power systems, not located at the building main power connection location, shall be provided with an emergency power off switch, readily accessible at the location of the main power disconnect for the structure it services. This switch shall be required to shut down all output conductors at the ESS or battery system at its source.
(Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.060 Title 24, Part 4, California Mechanical Code with appendices.
Title 24, Part 4, California Mechanical Code, 20222025 Edition, is hereby adopted by reference, with the following selected appendices:
A. CMC Appendix Chapters B, C, D, F , and G are selected and adopted. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.070 Title 24, Part 5, California Plumbing Code with appendices.
Title 24, Part 5, California Plumbing Code, 20222025 Edition, is hereby adopted by reference, with the following selected appendices:
A. CPC Appendix Chapters A, B, C, D, E, F , G, I, J, and K are selected and adopted. (Ord. 1553 § 2 (Ord. 1589 § 2 (Exh. A), 2022; Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.080 Title 24, Part 6, California Energy Code with appendices.
Title 24, Part 6, the California Energy Code, 20222025 Edition, is hereby adopted by reference, with all appendices. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1570 § 2, 2021; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.090 Title 24, Part 7, California Wildland-Urban Interface Code..
Title 24, Part 7, the California Wildland-Urban Interface Code, 2025 Edition, is hereby adopted by reference, with all appendices.
Vacant. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh.
A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.100 Title 24, Part 8, California Historical Building Code.
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Title 24, Part 8, the California Historical Building Code, 20222025 Edition, is hereby adopted by reference. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.110 Title 24, Part 9, California Fire Code.
Title 24, Part 9, the California Fire Code, 2022 Edition, is hereby adopted by reference, with amendments and modifications (San Carlos Fire Ordinance).
A. Adoption of the 2021 International Fire Code and the 2022 California Fire Code. These codes are hereby adopted in their entirety by the City of San Carlos, for the purposes of prescribing regulations governing the conditions hazardous to life and property and for protection from fire, hazardous materials, or explosion, contained within the 2021 International Fire Code and the 2022 California Fire Code, Title 24, Part 9, including all appendix chapters with the exceptions of the following appendix chapters: A—Board of Appeals, E—Hazard Categories, F—Hazard Ranking, G—Cryogenic Fluids, J—Building Information Sign, L—Fire Fighter Air Replenishment Systems, M—High-Rise Buildings- Retroactive Automatic Fire Sprinkler Requirements, and the International Fire Code Standards, as compiled, recommended and published by the International Code Council (ICC). One (1) copy of said code and standards, including local amendments herein adopted and made part thereof, entitled “Amendments to the 2021 International Fire Code and the 2022 California Fire Code” have been, and are now, filed with the office of the Clerk for the City of San Carlos. The same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of San Carlos Fire Department. Note: When sections noted in this section stipulate the IFC, this shall mean the 2021 Edition of the International Fire Code for non-State Fire Marshal regulated occupancies. When sections noted in this section stipulate the CFC, this shall mean the 2022 California Fire Code, for California State Fire Marshal regulated occupancies for both building and nonbuilding regulations.
B. Establishment and Duties of the Bureau of Fire Prevention. The International Fire Code and the California Fire Code, including International Fire Code Standards as adopted and amended herein, shall be enforced by the City of San Carlos Fire Department, and managed by the City of Redwood City Fire Department (Bureau of Fire Prevention), and shall operate under the direction of the Fire Chief and the Fire Marshal of the Redwood City Fire Department. Both Fire Officers shall be known as the Fire Code Officials.
C. Definitions.
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1. Whenever the word “jurisdiction” is used in the International/California Fire Code, and Fire Code Standards, it is the City of San Carlos.
2. The party responsible for the enforcement of the International/California Fire Code and Fire Code Standards under the direction of the Fire Chief of the Redwood City Fire Department shall be the Fire Marshal.
3. Add the following definition:
“Fire Marshal” is the Fire Code Official of the Bureau of Fire Prevention.
D. Appeals. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the City Council of the City of San Carlos. For State Fire Marshal regulated occupancies, see Section 111.2.5 of the California Fire Code, Part 9, Title 24 CCR.
E. Penalties—109, 2021 IFC and 2022 CFC. Any person who shall violate any of the provisions of this Code or standards hereby adopted, or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order affirmed or modified by the Fire Code Official shall be guilty of a misdemeanor. Upon conviction, the court shall impose a fine not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000) or imprisonment for not less than one hundred eighty (180) days or both.
Notwithstanding any other provision of this Code, whenever violation of any section contained in this Code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.
The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
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1. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
2. Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code shall be liable for civil penalties not exceeding five hundred dollars ($500.00) per day for the first ten (10) days; and one thousand dollars ($1,000) per day for the next twenty (20) days; and five thousand dollars ($5,000) for each day after twenty (20). This shall apply to each violation.
3. In addition to the penalties set out in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The City of San Carlos shall also be permitted the right of recovering those funds, used to mitigate continuous, unabated hazards, which present a clear and present danger. The cost recovery fee shall be based on the actual hourly rate for Fire Department personnel, used in gaining compliance for those in violation.
F . Text Language and Local Amendments.
1. Chapter 1—Administration.
a. Section 104.10.3 is hereby added to read as follows:
104.10.3. New materials, processes, occupancies, requiring permits. The Fire Chief and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in the Fire Code. b. Sections 111.1, 111.2, 111.3, and 111.4 are hereby deleted in their entirety and replaced with the following language:
Appeals. In order to determine the suitability of alternate materials and types of construction, to provide for reasonable interpretations of this Code, and relief by way of appeal from the granting or denial of any permit, this shall be and hereby is created a Board of Appeals consisting of members of the City Council, to pass upon pertinent matters, who shall grant such relief or make such interpretation or explanation as may be necessary and proper pursuant to the provisions of this Code. The Fire Chief shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be the San Carlos City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief, with
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duplicate copy to the appellant, and may recommend to the executive body such new legislation consistent therewith.
Whenever the Fire Code Official/Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the San Carlos City Council. Such appeal shall be made within thirty (30) days from the date of the decision being appealed and shall be in writing and filed with the City Clerk of the City of San Carlos. Said notice of appeal shall be accompanied by a payment of $100.00, payable to the City of San Carlos.
The notice of appeal shall:
1. Specify the substance and particulars of the decision being appealed.
2. Show the date of the decision.
3. Be signed by the appellant or his/her duly authorized agent.
4. Indicate the mailing address of the appellant.
Whenever a notice of appeal is filed with the City Clerk, the Clerk shall set the matter for the hearing at the earliest reasonable time and shall notify the appellant of the place, date and time for the hearing and consider the appeal.
The City Clerk shall give notice of the hearing to the appellant at least seven days prior to the time set for the hearing. Notice shall be given to the appellant by mailing said notice to the address shown on the notice of appeal.
c. Section 105.1.2.1—Added. Section 105.1.2.1 is hereby added to the Fire Code and shall read as follows:
105.1.2.1. Fees and Special Requirements.
The fees for permits and other services shall be as established by resolution of the San Carlos City Council. The fees shall be set as a cost recovery for services provided by the Fire Department staff and Redwood City Fire Department Management staff to review and inspect the intended activities, operations, or functions as stipulated by section 105.1.1 and section 105.1.2 “Types of Permits” . Subsection 2, Construction Permit is adopted as written by model code. Operational Permits as indicated in section 105, subsection 105.1.2, Sub-section 1 is “not” adopted as written by model code for this ordinance.
Section 105.1.1 is amended and enforceable as follows:
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105.1.1. Construction Permits Required and Fire Clearance Inspections. 105.1.1. Permits required by this Code for construction related provisions for fire and life safety that is under the responsibility of the fire department, shall be obtained upon approval of said construction plans and documents. This includes but is not limited to; architectural fire plan review, site plan review, automatic fire alarm systems, automatic fire sprinkler systems, automatic fire suppression systems, wildland urban intermix mitigation plans, and any other review of plans and specifications that require the approval of the Fire Code Official.
105.1.2. Fire clearance inspections are that maintenance type of fire code inspections performed to all occupancies that are under the jurisdictional enforcement powers of the City of San Carlos Fire Department.
Operational use permits “are not” issued on a regular or annual basis as per section 105.6 of the 2019 California Fire Code. Fire clearance inspections are designed to unify fire code operational use permits under one fire clearance inspection procedure, thereby; having one inspection inclusive of any potentially issued operational use permits. On a case- by- case basis, operational use permits may be issued when deemed necessary by the Fire Code Official.
All fire construction plan check and construction permit fees and fire clearance inspection fees must be paid to the City of San Carlos Permit Center prior to engaging in the listed activities, operations, or functions. A penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.
2. Chapter 2—Definitions.
a. Section 202, High Rise Structure Definition, is hereby amended to read as follows:
202 High Rise Structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access (see Section 403), except buildings used as hospitals as defined in Health and Safety Code Section 1250.
3. Chapter 3—General Fire Safety Precautions.
a. Section 307—Amended. Section 307 is deleted in its entirety and is replaced by the following section:
Section 307.1. General: Open burning is strictly prohibited within the jurisdictional boundaries of the City of San Carlos. Open burning does not include approved exterior fireplaces or barbecues that are used in a safe manner and used for cooking or warming
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purposes only. The Fire Chief prohibits burning of trash or vegetation, except for fire hazard reduction purposes when deemed necessary to abate an immediate fire hazard or during wildland fire suppression activities.
b. Section 324 is hereby added to the Fire Code to read as follows:
324 Car Stackers and Car Puzzler Systems. Car stackers and car puzzler systems are defined as manual, or automatic, rack vehicle storage systems designed to park cars vertically and / or horizontally inside structures or under canopies such that the vehicles are in close proximity to one another with limited access for firefighters. The configuration of the vehicles stored in these systems presents an exposure hazard from one vehicle to another in the event of a vehicle fire.
Parking areas inside buildings or under attached canopies equipped with car stackers or car puzzler systems shall be protected from above by an automatic fire sprinkler system designed to a density of Extra Hazard Group 2. Standard coverage sidewall sprinklers, listed for Ordinary Hazard Group 2 shall be provided to protect each parking level, including the bottom levels. The maximum coverage of a sidewall sprinkler is 80 sq. ft. and the use of extended coverage sidewall heads for protection is prohibited.
The basic design area of application for the increased density fire sprinkler system protecting the car stacker or car puzzler systems shall be 2,500 square feet. The design area of application may be reduced upon approval by the fire code official but never less than 1,500 square feet if one-hour rated walls are provided between the stacker parking area and other standard parking stalls or storage areas, and the car stacker system is divided into a maximum of 1,000 square foot fire areas by one-hour rated fire barriers. Flow from all fire sprinkler heads, upright, pendant, and sidewall, at all levels, and located in the design area of application shall be included in the hydraulic calculations for the fire sprinkler system.
Car stackers and car puzzler systems installed inside structures or under attached canopies shall be provided with Manual Wet or Automatic Wet Standpipe connections at all points of access and at each parking level within the structure so that every part of the parking area is within 150 feet by hose pull of a standpipe connection.
Car stackers and car puzzler systems installed inside structures shall be provided with a mechanical smoke and heat removal system as per Section 910.4 of the California Fire Code. The smoke and heat removal system shall be automatically activated upon detection of fire by the fire alarm system. Section 910.4.4 is not applicable to this requirement.
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Car stacker and car puzzler systems installed outside structures that are open to the environment shall be configured to limit fire spread from one vehicle to another and from vehicles to adjacent structures. This shall be accomplished with one-hour fire rated barriers creating a maximum of 2500 square foot fire areas between stackers or puzzlers and by providing adequate setback from adjacent structures.
4. Chapter 5—Fire Service Features.
a. Section 503.1.1 of the Fire Code is hereby amended to read as follows:
Exceptions 1.1 and 1.3 are not adopted.
503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:
1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
b. Section 503.2.3 of the Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. This is defined as Asphaltic Concrete or Concrete (including pervious concrete) installed over an adequate compacted roadbed to support the imposed loads (75,000 pounds) of fire apparatus. Any type of pavers, whether grouted or bedded in sand, or grass block type surfaces, are not approved for fire access roads or fire lanes. c. Section 507.1.1 is hereby added to the Fire Code to read as follows:
507.1.1. Fire Main, Hydrant Specifications. Notwithstanding anything to the contrary contained in this Code, all water mains providing a water supply for fire protection, both to fire hydrants and to fire service systems, shall be not less than eight inches (8") in diameter
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(inside measurement) provided, however, the Fire Code Official may require different sizes based on the conditions of the site, but in no case shall the fire service main be less than six inches (6") in diameter (inside measurement). Maintenance of privately-owned water mains, fire hydrants, or other fire service systems (collectively referred to as “Facilities”) shall be performed by, and be the responsibility of, the owners thereof, and the City shall assume no liability for damages to the Facilities in performing tests to, or in using, such Facilities. Appendix Table B105.1(1) is not adopted under this ordinance. Minimum fire flow for one- and two-family dwellings under 3,600 square feet shall be 1,000 gallons of water per minute with two-hour flow duration. Residual pressure shall not be less than 20 psi. For one- and two-family dwellings over 3,600 square feet, the required fire flow shall be 50% of the value in Appendix Table B105.1(2) with automatic fire sprinklers installed per Section 903.3.1.3 of the California Fire Code with a minimum flow requirement of 1,000 gallons of water per minute. Appendix Table B105.2 is amended to allow a maximum reduction in required fire flow of 50% of the value in Table B105.1(2) with a minimum fire flow of 1,500 gallons per minute at 20 pounds per square inch residual pressure for buildings other than one- and two-family residential dwellings with automatic fire sprinklers installed per Sections 903.3.1.1 or 903.3.1.2 of the California Fire Code. d. Section 507.5.1.1 is hereby amended to read as follows:
507.5.1.1 Hydrant for standpipe systems and fire sprinkler systems. Buildings equipped with a standpipe system installed in accordance with Section 905 or a fire sprinkler system complying with section 903.3.1.1 shall have a fire hydrant within 50 feet (15,240 mm) of the fire department connections (FDC) located on the same side of the roadway. e. Section 510.4.2.3 is hereby amended to read as follows:
510.4.2.3 Standby power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100-percent system capacity for a duration of not less than 24 hours. f. Section 510.6.1 is hereby amended to read as follows:
510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually by a fire department approved testing company or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of but not be limited to the following:
1. In-building coverage test as described in Section 510.5.3.
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2. Signal boosters shall be tested to verify that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance of the system.
3. Backup batteries and power supplies shall be tested under load of a period of 1 hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1- hour periods until the integrity of the battery can be determined.
4. Other active components shall be checked to verify operation within the manufacturer’s specifications.
5. At the conclusion of the testing, a report, which shall verify compliance with Section 510.5.4, shall be submitted to the fire code official.
5. Chapter 9—Fire Protection Systems and Equipment.
a. Section 901.1—Scope Amended. Add the following language to Section 901.1 of the 2022 CFC.
The Fire Code Official may require additional extinguishers, and/or extinguishers of different ratings for protection of special hazards or hazardous areas. The higher ratings may be permitted if in the opinion of the Fire Code Official, they are better suited to substantially protect or mitigate the hazard(s).
b. Section 901.6.3 of the Fire Code is hereby amended to read as follows:
901.6.3 Records. All contractors who service, test, install and/or maintain fire protection systems within the City of Redwood City are required to enroll and utilize the approved single-point repository service to file records of all system inspections, tests, and maintenance required by the referenced standards. This repository service shall be maintained and provided to the fire code official through a third-party inspection reporting system. Fees, as applicable, will be paid directly from the contractor to the approved single-point repository service vendor.
c. Section 903.2 of the Fire Code is hereby amended as follows:
903.2 New Construction. When the provisions of section 903.2.1 through 903.2.12 of the 2022 California Fire Code do not mandate automatic fire sprinkler system protection, and when the following occupancies are of new construction and the total square footage of the new building exceeds 2,500 square feet in size, or more than one-story in height, an automatic fire sprinkler system, shall be installed in the following occupancy classifications: Group A, Group B, Group E, (Non-public schools), Group F , Group H, Group I, Group M, Group R, and Group S occupancies.
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903.2 Existing Construction. An approved automatic fire sprinkler system shall be installed throughout all locations of existing Group A, Group B, Group E (Non-public schools), Group F , Group H, Group I, Group M, Group R, and Group S occupancies, when the total square footage of the existing building exceeds 2,500 square feet in size, or is greater than one- story in height, and one or more of the following items apply:
a. Change to a more hazardous use/occupancy.
b. When the Fire Code Official determines that an automatic sprinkler system is necessary due to emergency vehicle access, fire load, occupant load or an existing condition which may hinder fire suppression efforts in the event of a fire or other perils. d. Section 903.2.8—Amended. Section 903.2.8 of the Fire Code is amended, and the following new sections are added:
903.2.8.(a) New Construction.
When the provisions of Section 903 of the Fire Code do not mandate automatic fire sprinkler system protection, an approved automatic fire sprinkler system shall be installed in all new Group R-1 and R-2 occupancies. Installation of the sprinkler system shall conform to NFPA Standard 13R if the residential building is four stories or less in height and with the following additional protection:
1. Sprinklers shall be installed throughout garages, open attached porches, carports, large under-floor spaces that are of combustible construction, and accessible for storage use.
2. Sprinklers shall be installed throughout attic areas.
3. All sprinkler piping in attics shall be copper.
903.2.8(b) Group R, Division 3 Occupancies—New Construction.
An approved automatic fire sprinkler system shall be installed as per sections R313.1 and R313.2 of the 2022 California Residential Code. Installation of the automatic fire sprinkler system shall be in accordance with section 903.3.1.3 (NFPA 13D) and with the following areas of the residence to be protected by automatic fire sprinklers:
1. Sprinklers shall be installed throughout garages, carports, and similar attached structures.
2. Pilot Sprinklers on metallic piping shall be installed in attic areas at the entry point into the attic, near heat sources, and near mechanical equipment installed in the attic. 903.2.8(c) Group R, Division 3 Occupancies—Existing Construction.
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An approved automatic fire sprinkler system meeting the design criteria as stipulated in section 903.1.3 of the Fire Code is required for existing Group R, Division 3 when the existing structure is demolished and is reconstructed to become 2,500 square feet or greater in size.
Demolished and Reconstruction means:
1. The building has been completely torn down to the foundation; the structure is being renovated and is made uninhabitable during said renovation or reconstruction. This includes the removal or inoperability of any or all the utilities to the building for a period of more than twenty-four consecutive hours. Utilities mean, water, electrical, natural gas, and sanitary sewer.
2. The structure increases height from one story to a two-story single-family dwelling and is greater than 2,500 habitable square feet.
e. Section 903.2.23 is hereby added to the Fire Code to read as follows:
903.2.23—Automatic Sprinkler System Requirements for Type-IV A, B, and C Construction Types. Automatic sprinkler systems meeting section 903.3.1.1 of the fire code shall be installed throughout all new buildings built to Type-IV A, B, or C construction type. The design density for the automatic sprinkler system shall be a minimum design density of Ordinary Hazard Group-1 throughout the building regardless of use. f. Section 903.4.2 is hereby amended as follows:
903.4.2 Alarms. One exterior approved audible device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system.
Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. In addition, for automatic sprinkler systems installed under section 903.3.1.2 or 903.3.1.3, activation of all the interconnected single station smoke alarms throughout the residence is required. An acceptable alternative to interconnection to the smoke alarms is the installation of horn strobe devices in locations that will provide adequate notification to all sleeping rooms with at least one notification device per floor. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
Visible alarm notification appliances shall not be required except when required by Section 907.
g. Section 905.4 is hereby amended to read as follows:
905.4 Location of Class I Standpipe Hose Connections. Class I standpipe hose connections shall be provided in all the following locations:
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1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediate floor landing unless otherwise approved by the fire code official. h. Section 907.2.12.3.4 is hereby added to the Fire Code to read as follows:
907.2.12.3.4 Multistoried, Mid- and High-Rise Building Safety Requirements. (a) Firefighters Communications Systems: Are not allowed in lieu of an approved ERRCS, but when required by the Fire Code Official, buildings six (6) or more stories in height, firefighter’s communication systems shall be installed in accordance with the following requirements:
(i) One access jack shall be provided at each stairwell landing and two (2) access jacks shall be provided in a lobby area of the building in plain view of elevator doors, and in any event at locations and according to specifications subject to the approval of the Fire Code Official.
(ii) One telephone set shall be provided at each floor of the building, provided that such telephone sets shall be in the lobby area at a location and according to specifications subject to the approval of the Fire Code Official.
(iii) One additional telephone set shall be provided with not less than five hundred feet (500') of telephone cord and shall be maintained on a roller device providing convenient portability. Said telephone set shall likewise be maintained at a location and according to specifications approved by the Fire Code Official.
(b) Emergency Planning and Information: Buildings and occupancy groups specified in Title 19 of the California Code of Regulations, Section 3.09, and buildings with four (4) or more stories in height shall have posted a floor plan sign which shall provide emergency procedures at every stairway landing, elevator landing, and immediately inside all public entrances to the building. Information contained in the floor plan signs shall include, but shall not be limited to, the following:
1. Location of exits and fire alarm initiating stations.
2. Description of fire alarm sounds and appearance.
3. Fire Department emergency telephone number “911. ”
4. Prohibition of the use of elevators during emergencies.
5. Instructions to be followed by ambulatory, non-ambulatory, and disabled persons in the event of an emergency.
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6. Notation “you are here” or other readily understandable marking specifying the location on the floor plan sign.
Floor plan signs shall be printed in a non-decorative lettering which shall not be less than three-sixteenths of an inch (3/16") in height and shall provide a sharp contrast with the background. The information shall accurately depict the layout of the floor where the sign is located. Signs shall be mounted as specified by the California Building Code. (c) Public Address System. In buildings four (4) or more stories in height, a public address system shall be installed for the exclusive use of Fire Department personnel, peace officers, or other City enforcement personnel according to specifications approved by the Fire Prevention Bureau. Controls for, and access to, such system shall be installed on the ground floor of the building at a location subject to the approval of the fire code official. (d) Fire Equipment enclosure: Buildings of four (4) or more stories in height, a secure cabinet or other enclosed area shall be provided as directed by the Fire Code Official for housing fire equipment. Fire equipment required to be provided by the property owner or developer shall be at the direction of the Fire Code Official. i. Section 913.2.3 is hereby added to the Fire Code to read as follows:
913.2.3 Alternate source of power. Notwithstanding the availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate source of power in accordance with NFPA 20 due to foreseeable extended electrical service interruptions along the California Power Grid due to high demand, high heat, Public Safety Power Shutoffs, and damage to the power grid caused by destructive natural events such as wildfires, high winds, and earthquakes.
6. Chapter 49—Requirements for Wildland-Urban Interface (WUI) Fire Areas. a. Section 4901.1. Amended to include:
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP:
The City Council hereby adopts and designates the most recent Very High Fire Hazard Severity Zones map as recommended by the Director of the California Department of Forestry and Fire Protection and retained on file, or via the internet, and made available at the offices of the Fire Chief and Building Official of the City of San Carlos. Buildings and structures shall comply with the provisions as stipulated by the City of San Carlos Building Official, the California Building Code Chapter 7A, or the California Residential Code Section R337.
7. Chapter 56—Explosives Fireworks (Pyrotechnical Special Effects Materials).
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a. Section 5601.1 Amended. Chapter 5601.1 is hereby amended, and the following sections are added:
5601.1(a) All non-professional fireworks listed by the California State Fire Marshal as “Safe and Sane” are prohibited within the jurisdictional boundaries of the City of San Carlos on a year-round basis.
5601.1(b) All professional pyrotechnical devices used for public display, or special effects, shall be in accordance with the applicable provisions of the State of California Code of Regulations, Title 19 and the applicable sections of the State of California Fire Code.
Permits for public display and/or special effects shall be obtained from the City of San Carlos. Application for a use permit shall be submitted to the Fire Department thirty days prior to the event.
8. Chapter 80, 13-22, Section 27.10 of the Fire Code is hereby amended to read as follows:
Fire sprinkler systems for the protection of laboratory buildings shall be designed and installed in accordance with this standard, with a minimum design density of Ordinary Hazard Group II.
9. Chapter 80, 13D-22, Section 6.2.2(2) of the Fire Code is hereby amended to read as follows:
(2) A stand-alone tank is permitted only if the following conditions are met:
(a) The pump shall be connected to a 220-volt circuit breaker shared with a common household appliance (e.g., range, oven, dryer),
(b) The pump shall be a stainless steel 220-volt pump,
(c) A valve shall be provided to exercise the pump. The discharge of the exercise valve shall drain to the tank, and
(d) A sign shall be provided stating: “Valve must be opened monthly for 5 minutes. ” (e) A means for automatically refilling the tank level, so that the tank capacity will meet the required water supply duration in minutes, shall be provided. (f) A test connection shall be provided downstream of the pump that creates a flow of water equal to the smallest sprinkler on the system. The connection shall return water to the tank.
(g) Any disconnecting means for the pump shall be approved.
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(h) A method for refilling the tank shall be piped to the tank. (i) A method of seeing the water level in the tank shall be provided without having to open the tank.
(j) The pump shall not be permitted to sit directly on the floor. (k) A stand-alone tank and pump are only allowed in areas not served by a municipal water system and only by approval of the fire code official.
10. Chapter 80, 13D-22, Section 8.3.4 of the Fire Code is hereby amended to read as follows:
8.3.4 Sprinklers shall not be required in detached garages, open attached porches with no habitable space above, carports with no habitable space above, and similar structures. (Ord. 1590 §§ 3 – 8, 2022; Ord. 1589 § 2 (Exh. A), 2022; Ord. 1554 §§ 3 – 8, 2019: Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1512 §§ 3 – 8, 2016; Ord. 1470 § 1 (Exh. A (part)), 2013; Ord. 1469 §§ 3 – 8, 2013; Ord. 1432 §§ 1 – 5, 2011: Ord. 1428 § 2 (part), 2010)
15.04.120 Title 24, Part 10, California Existing Building Code.
Title 24, Part 10, the California Existing Building Code, 20222025 Edition, is hereby adopted by reference. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.125 Title 24, Part 11, California Green Building Standards Code (CALGreen).
Title 24, Part 11, the California Green Building Standards Code (CALGreen), 20222025 Edition, is hereby adopted by reference., with the following amendments and modifications:
A. Section 202 of the Green Building Standards Code is amended to add definitions as follows:
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
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AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point.
ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80 ampere.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
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i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official.
Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE. ” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.
LEVEL 1 EV READY . A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
LEVEL 2 EV READY . A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
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LOW POWER LEVEL 2 EV READY . A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
B. Section 4.106.4 of the Green Building Standards Code is amended to read as follows:
SECTION 4
RESIDENTIAL MANDATORY MEASURES
4.106.4 Electric vehicle (EV) charging for new construction. New construction and shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for Affordable Housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.
C. Section 4.106.4.1 of the Green Building Standards Code is amended to read as follows:
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4.106.4.1 New one- and two-family dwellings, town houses with private garages. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.
D. Section 4.106.4.2 of the Green Building Standards Code is amended:
4.106.4.2 New multi-family dwellings with new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
Mechanical parking systems shall have sufficient panel capacity to support 1.4kW to all of the mechanical parking stalls with pre-wiring to the mechanical parking system from the panel.
Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.
E. Section 4.106.4.2.2 of the Green Building Standards Code is amended to read as follows:
4.106.4.2.2 Existing Buildings.
1. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be Level 2 EV Ready.
F . Section 4.106.4.3 of the Green Building Standards Code is amended to read as follows:
4.106.4.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section 4.106.4.3.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:
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1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section
4.106.4.3.1 and Section 4.106.4.3.2, Item 3
4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the City of San Carlos Planning and Building Department Zoning Regulations for parking space dimension requirements are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
G. Section 4.106.4.4 of the Green Building Standards Code is amended to read as follows:
4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
H. Section 4.106.5 of the Green Building Standards Code is added and shall read as follows:
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4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. All residential buildings except Multi-Unit Residential buildings as defined by the San Carlos Municipal Code 18.40.020 may contain non-electric indoor and outdoor Cooking Appliances and indoor and outdoor Fireplaces.
2. If an applicant establishes by substantial evidence that an All-Electric Building is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformity with the intent and purpose of the technical code, the modification shall be as narrow as possible so as to effectuate as much of a reduction in natural gas as possible, and that such modification does not lessen health, life safety, and fire safety requirements or any degree of structural integrity. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with Section 4.106.5.2.
A building applicant may appeal the decision of the Building Official to the City Council.
The City Council’s decision on the appeal shall be final.
3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology
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and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.
Note: Attached Accessory Dwelling Units and Junior Accessory Dwelling Units as defined by the San Carlos Municipal Code 18.40.020 are not considered new construction and are not subject to the All-Electric building requirements unless the alteration to the existing residence includes replacement of over 50% of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or when over 50% of the existing framing above the sill plate is removed or replaced for purposes other than repair. If either of these criteria are met within a 3-year period, measured from the date of the most recent previously obtained permit final date, that structure is considered new construction and shall be subject to the All-Electric building requirements.
4.106.5.2. Requirements for combustion equipment.
Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical
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heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
I. Section 5.106.1.3 of the Green Building Standards Code is amended to read as follows:
SECTION 5
NONRESIDENTIAL MANDATORY MEASURES
5.106.1.3. All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.
5.106.1.3.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Laboratory areas with Non-Residential Buildings may contain non-electric Space Conditioning Systems. To take advantage of this exception, an applicant shall provide third party verification that the All-Electric space heating requirement is not cost effective and feasible. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with Section 5.106.1.3.2.
2. Non-residential buildings containing a for-profit restaurant open to the public or an employee commercial kitchen containing cooking facilities with the purpose of preparing and serving food for employees and visitors may apply to the Building Official for a modification to install gas-fueled cooking appliances. This exception does not apply to typical employee breakrooms or other self-service kitchens. This request must be based on a business-related reason to cook with a flame that cannot be reasonably achieved with an electric fuel source. The Building Official may grant this modification if he or she finds the following:
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1. There is a business-related reason to cook with a flame; and
2. This need cannot be reasonably achieved with an electric fuel source; and
3. The applicant has employed reasonable methods to mitigate the greenhouse gas impacts of the gas-fueled appliance; and
4. The applicant shall comply with 5.106.1.3.2.
3. If an applicant establishes by substantial evidence that an All-Electric Building is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformity with the intent and purpose of the technical code, the modification shall be as narrow as possible so as to effectuate as much of a reduction in natural gas as possible, and that such modification does not lessen health, life safety, and fire safety requirements or any degree of structural integrity. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with Section 5.106.1.3.2.
A building applicant may appeal the decision of the Building Official to the City Council.
The City Council’s decision on the appeal shall be final.
4. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.1.3.2.
The Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
5.106.1.3.2. Requirements for combustion equipment.
Where combustion equipment is allowed per exceptions under Section 5.106.1.3.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical
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receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
J. Section 5.106.5.3 of the Green Building Standards Code is amended to read as follows:
5.106.5.3 Electric Vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.
Exceptions:
1. On a case-by-case basis where local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
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K. Section 5.106.5.3.1 of the Green Building Standards Code is amended to read as follows:
5.106.5.3.1 Nonresidential Occupancy Class B Offices—Shared Parking Space
5.106.5.3.1.1 New Construction. Ten percent (10%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 1 EV Ready spaces.
Thirty percent (30%) of parking spaces provided shall be EV Capable.
L. Section 5.106.5.3.2 of the Green Building Standards Code is amended to read as follows:
5.106.5.3.2 Hotel and Motel Occupancies—Shared Parking Facilities.
5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.
M. Section 5.106.5.3.3 of the Green Building Standards Code is amended to read as follows:
5.106.5.3.3 All Other Nonresidential Occupancies—Shared Parking Facilities.
5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.
N. Section 5.106.5.3.4 of the Green Building Standards Code is amended to read as follows:
5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
(Ord. 1589 § 2 (Exh. A), 2022; Ord. 1570 § 3, 2021; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1448 § 3, 2012: Ord. 1428 § 2 (part), 2010; Ord. 1422 § 3, 2010)
15.04.130 Title 24, Part 12, California Referenced Standards Code.
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Title 24, Part 12, the California Referenced Standards Code, 20222025 Edition, is hereby adopted by reference. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.140 1997 Uniform Building Security Code.
The 1997 Uniform Building Security Code is hereby adopted by reference. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.150 20212024 International Property Maintenance Code.
The 20212024 International Property Maintenance Code is hereby adopted by reference, with the following amendments and modifications:
A. Section 101.1. Insert [City of San Carlos].
B. Section 103.1103.5. Insert [San Carlos Building Division].First violation, $100 per violation; Second violation of the same ordinance within 36-months, $200 per violation; Each additional violation of the same ordinance within 36-months, $500 per violation].
C. Section 106111. Means of appeal,appeals is deleted in its entirety. Reference applicable San Carlos Municipal Code Section for means of appeal.
D. Section 112.4. Insert [Two times the building permit fee] and delete “dollars or more than [AMOUNT] dollars. ”
DE. Section 302.4. Insert [Twelve (12) inches].
EF. Section 304.14. Insert [January 1] to [December 31].
FG. Section 602.3. Insert [January 1] to [December 31].
GH. Section 602.4. Insert [January 1] to [December 31]. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
15.04.160 Safety Assessment Program (SAP) placards.
The Safety Assessment Program (SAP) placards are hereby adopted and establish standard placards to be used to indicate the condition of a structure for continued occupancy. This section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point of a building or structure upon completion of a safety assessment.
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A. Application. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of San Carlos. The City Council may extend the provisions as necessary.
B. Definitions. “Safety assessment” means a visual nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
C. Placards. The following are general descriptions of the official City of San Carlos placards to be used to designate the condition for continued occupancy for buildings or structures. The actual placards shall be in a form approved by the City Manager and substantially similar in substance to the following:
1. “INSPECTED—Lawful Occupancy Permitted” is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. This placard shall be green.
2. “RESTRICTED USE” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions for continued occupancy. This placard shall be yellow.
3. “UNSAFE—Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the Building Official or his or her authorized representative.
Safety assessment teams shall be authorized to enter buildings posted with a red placard at any time. This placard shall not be used or considered as a demolition order. The individual who posts a red placard shall note in general terms the type of damage encountered. This placard shall be red.
The name of the jurisdiction, its address, and phone number shall be included on each placard posted.
Once a placard has been attached to a building or structure, it shall not be removed, altered, or covered except by an authorized representative of the Building Official, or upon written notification by the Building Official.
It shall be unlawful for any person, firm, or corporation to alter, remove, cover, or deface a posted placard unless authorized by this section. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 §
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2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013:
Ord. 1428 § 2 (part), 2010)
15.04.170 Findings.
The following findings have been made:
A. Geologic. The City of San Carlos is located near a very active seismic area, seismic zone E (previously known as seismic zone 4). The entire City is two (2) to seven (7) kilometers from the San Andreas Fault, a major active fault in California.
There are five (5) major soils types in the City from the bay to the hillsides. There is existing fill overlying unconsolidated Holocene Bay mud deposits. There is unconsolidated Holocene fine- to coarse-grained alluvial fan and basin deposits with a water table equal to or less than ten (10) feet. There is unconsolidated Holocene fine- to coarse-grained alluvial fan deposits with a water table equal to or greater than ten (10) feet. There are weak consolidated Pleistocene fine- to coarse-grained alluvial fan and basin deposits. There are colluvial and landslide deposits locally overlying sandstone and bedrock units.
There are high flooding hazards in two (2) of the five (5) soils types and moderate flooding hazards in two (2) of the five (5). There is high ground settlement potential in the area along the bay. There is high potential for seismically induced ground failure in the same area and moderate potential in the adjacent area.
There is a high potential for seismically induced ground shaking in all areas in the City.
There is a high potential for liquefaction in the area adjacent to the bay and moderate potential in the adjacent area. There is moderate potential for erosion and slope instability/landslides in approximately fifty (50) percent of the City. Expansive soils or bedrock varies in significance in over two-thirds (2/3) of the entire City.
These actions can cause great damage to structures in or on the ground. Gypsum wallboard and exterior Portland cement plaster have performed poorly during recent California seismic events. Cyclic seismic action testing has proven the limited seismic resistance of these materials.
Potential Geologic and Seismic Hazards Map.
Based upon these geologic findings, the City Council hereby adopts and designates the Harlan Tait Associates “Potential Geologic and Seismic Hazards Map, City of San Carlos, California” dated February 22, 1996, and Hazard Zone A and Hazard Zone B handouts, as minimum criteria to determine when a geotechnical investigation report (soils report) is required for development within the City.
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B. Climatic. The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive characteristics of soil.
C. Topography. San Carlos topography includes mountain and foothill areas. The ground elevation rises over nine hundred (900) feet in less than one (1) mile in much of the City resulting in large areas of unstable, steep slopes. Upgraded structural provisions are required to construct housing on these unpredictable, unstable steep slopes. Upgraded automatic sprinkler provisions are required due to approximately one-quarter (1/4) of residential properties located in very high fire hazard severity zone.
D. The City Council hereby declares that it would have passed the ordinance codified in this chapter sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that any provisions in this chapter are severable and, if for any reason any sentence, paragraph or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.
E. The ordinance codified in this chapter shall be published and posted according to law and shall take effect and be in force from and after thirty (30) days after its passage and adoption. (Ord. 1589 § 2 (Exh. A), 2022; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SAN CARLOS
AMENDING SAN CARLOS MUNICIPAL CODE SECTION 15.04.110 – TITLE 24, PART 9, CALIFORNIA FIRE CODE, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL FIRE CODE AND THE 2025 CALIFORNIA FIRE CODE INCLUDING ALL ADOPTED STANDARDS.
The City Council of the City of San Carlos does hereby finds and declares as follows:
SECTION 1:
WHEREAS, the City Council finds that the unique characteristics of topography, geological, and climatic conditions, and the balance of residential, commercial, and industrial properties in the areas served by the San Carlos Fire Department requires adoption of the 2024 International Fire Code (IFC) and the 2025 California Fire Code (CFC) and amendments; and WHEREAS, on July 7, 2011, the City of San Carlos and the City of Redwood City entered into agreement as participating agencies for fire and emergency services; and WHEREAS, the City of San Carlos is required to formally adopt a Fire Code, and to comply with California Health and Safety Code Sections, 13143.5, 13145, and 13146, for the enforcement provisions of the California Fire Code; and
WHEREAS, the City of San Carlos currently shares fire protection services, including inspections and plan review, with the City of Redwood City and finds the need for a comprehensive San Carlos Fire Ordinance to ensure life-safety and protection for citizens and business owners of the City of San Carlos; and
WHEREAS, to promote consistency with enforcement of the Fire Code, and to make government operations more effective, the City Council desires to have a San Carlos Fire Ordinance that shares some of the same language and amendments with that of the City of Redwood City; and WHEREAS, the City Council desires to make findings for the proposed amendments to the 2024 International Fire Code (IFC) and the 2025 California Fire Code in the San Carlos Municipal Code, Chapter 15.04, Technical Building Codes to further enhance and ensure fire and life-safety.
SECTION 2: The City Council makes the following findings:
1. Findings.
A. Pursuant to Sections 17958.5 and 18941.5 of the California Health and Safety Code, the report contained herein is submitted as the “Findings of Fact” document regarding the adoption of the City of San Carlos (hereafter referred to as the City) Local Ordinance, which would adopt the 2024 International Fire Code and the 2025 California Fire Code, and the below mentioned local amendments. Under this adopting ordinance, specific amendments have been established, which are more restrictive in nature than those adopted by the State of California (State Building Standards Commission), commonly referred to as the California Code of Regulations Title 24.
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B. These local amendments to the 2024 International Fire Code and the 2025 California Fire Code have been recognized by the City as tools for addressing the fire and life-safety hazard problem, concerns, and future direction by which the City can establish and maintain an environment, which will afford a level of fire and life-safety to all who live and work within the City of San Carlos Fire Department jurisdictional boundaries.
C. Under the provisions of Sections 17958.5 and 18941.5 of the California Health and Safety Code, local amendments shall be based upon the following conditions: Climatic, Geological, and Topographical. The “Findings of Fact” contained herein shall address each of these situations and shall present the local situation, which, either singularly or in combination, caused the established amendments to be adopted.
1) Climatic:
The areas served by the city, on average, experience annual rainfall between 8 to 18 inches.
This rainfall can be expected between October and April of each year and is based on the 100-year weather almanac. However, during the summer and early fall months there is little, if any, measurable precipitation. During this dry period, the temperatures are usually between 70°- 90° with light to gusty westerly winds. These drying winds, mixed with the natural vegetation, which is dominant throughout the area, create hazardous fuel conditions, which further creates extensive grass and brushland fire risk. With residential developments encroaching into these wooded and grass, or brush-covered areas, wind and terrain-driven fires could have severe consequences to improved properties at risk. This has been demonstrated on several occasions in other areas of our State Fire/Rescue Aid Regions. 2) Geological:
a. Geographic Location. The area served by the city is in San Mateo County. This area is identified as being in the southern region of the county. b. Seismic Location. The relatively young geological processes that have created the San Francisco Bay region are still active today. Seismically, the City sits along the active San Andreas Fault, and is rated as a Seismic Zone E. c. Size and population. Areas served by the Fire Department encompass approximately 6 square miles and 28,000 people.
d. Roads and Streets. The number of vehicle miles driven is steadily increasing despite limited growth. Many older streets are narrow and steep. The impact of additional planned developments and increased traffic flow will continue to create an effect on the delivery of fire protection services.
e. Soil Conditions. The City of San Carlos lays in the southern end of San Mateo County. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. Bedrock lies beneath the area at depths generally three hundred (300) feet or more. The topography is essentially flat, dropping from an elevation of eight hundred (800) feet to sea level. The slope of the city extends upwards on the western side. Slopes range from (0) degrees to more than (20) degrees on some streets.
f. Vegetation. The hilly portion of the City of San Carlos contains trees, dense brush vegetation and a heavy growth of natural grasses. The city and surrounding areas suffer several wildland fires each year.
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3) Topographical:
The topographical element, as would be expected, is closely associated with the geographical element. With elevation changes in the city, development is of geographical concern. With these changes development is, of course, following the path of least resistance; thereby creating a meandering pattern. This does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major cross-town thoroughfares, which tend to be heavily congested, primarily during commute hours and seasonal periods of the year. “Pass-through” vehicular traffic in the cities, such as the areas of the Alameda de Las Pulgas, Brittan Ave., San Carlos Ave., Edgewood Road, and El Camino Real. This increased commute time increases traffic for eastbound and westbound vehicular movement to US 101 and Interstate 280. This creates barriers, which increases the response time of fire apparatus and other emergency vehicles.
The topography of the city is also being burdened by major structures. Employment areas are throughout the city, and the people who work in these complexes have added to the traffic congestion throughout the cities, thereby increasing fire apparatus response times.
Inherent delays caused by the traffic patterns to many of these types of projects make it necessary to mitigate this problem by requiring additional built-in automatic fire protection and detection systems that provide early detection and initial control of fires until the arrival of the fire department.
As a result of the “Findings of Fact,” which identify the various climatic, geographical, and topographical elements, additional requirements as specified in the amendments to the adopting ordinance for the 2024 International Fire Code and the 2025 California Fire Code by the City, are considered reasonable and necessary modifications. The experiences of several disastrous urban-wildland interface fires within Alameda, Santa Clara, San Mateo, Monterey Sonoma, Napa, and Contra Costa Counties have demonstrated the need for other fire protection features/regulations. While it is clearly understood that the adoption of such regulations may not prevent the incidence of fire, the implementation will reduce the severity and potential loss of life and property of those fires which do occur.
SECTION 3: Chapter 15.04, Sections 15.04.110 of the San Carlos Municipal Code is hereby amended as set forth in Exhibit A attached hereto.
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: Effective Date. This Ordinance shall be published Pursuant to Section 36937 of the Government Code of the State of California and shall take effect and be in full force from and after thirty (30) days after its passage and adoption but no sooner than January 1, 2026.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 27th day of October 2025, and passed and adopted as an Ordinance of the City of San Carlos at a regular meeting thereof held on the ____ day of ______ 2025, by the following vote:
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________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibit A: San Carlos Municipal Code Section 15.04.110 Updates (with Track Changes) AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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Exhibit A to Ordinance – Fire Code Edits
Chapter 15.04
TECHNICAL BUILDING CODES*
Sections:
15.04.010 Adoption of codes by reference—Copies on file.
15.04.020 City Council findings.
15.04.030 Title 24, Part 1, California Administrative Code.
15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices, amendments, and modifications
15.04.045 Title 24, Part 2.5, California Residential Code with appendices, amendments, and modifications.
15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.
15.04.060 Title 24, Part 4, California Mechanical Code with appendices.
15.04.070 Title 24, Part 5, California Plumbing Code with appendices.
15.04.080 Title 24, Part 6, California Energy Code with appendices.
15.04.090 Title 24, Part 7
15.04.100 Title 24, Part 8, California Historical Building Code.
15.04.110 Title 24, Part 9, California Fire Code with appendices.
15.04.120 Title 24, Part 10, California Existing Building Code.
15.04.125 Title 24, Part 11, California Green Building Standards Code (CALGreen).
15.04.130 Title 24, Part 12, California Referenced Standards Code.
15.04.140 1997 Uniform Building Security Code.
15.04.150 2021 International Property Maintenance Code.
15.04.160 Safety Assessment Program (SAP) placards.
15.04.170 Findings.
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* Prior ordinance history: Ords. 1021, 1078, 1099, 1104 and 1267.
15.04.110 Title 24, Part 9, California Fire Code.
Title 24, Part 9, the California Fire Code, 20222025 Edition, is hereby adopted by reference, with amendments and modifications (San Carlos Fire Ordinance).
A.15.04.110.1 Adoption of the 20212024 International Fire Code and the 20222025 California Fire Code. These codes are hereby adopted in their entirety by the City of San Carlos, for the purposes of prescribing regulations governing the conditions hazardous to life and property and for protection from fire, hazardous materials, or explosion, contained within the 20212024 International Fire Code and the 20222025 California Fire Code, Title 24, Part 9, including all appendix chapters with the exceptions of the following appendix chapters: A—Board of Appeals, E—Hazard Categories, F—Hazard Ranking, G—Cryogenic Fluids, J—Building Information Sign, L—Fire Fighter Air Replenishment Systems, M—High- Rise Buildings-Retroactive Automatic Fire Sprinkler Requirements, O-Valet Trash and Recycling Collection in Group R-2 Occupancies, Q-Community Wildland Urban Interface Fire Hazard Evaluation Framework, and the International Fire Code Standards, as compiled, recommended and published by the International Code Council (ICC). One (1) copy of said code and standards, including local amendments herein adopted and made part thereof, entitled “Amendments to the 20212024 International Fire Code and the 20222025 California Fire Code” have been, and are now, filed with the office of the Clerk for the City of San Carlos. The same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of San Carlos Fire Department. Note: When sections noted in this section stipulate the IFC, this shall mean the 20212024 Edition of the International Fire Code for non-State Fire Marshal regulated occupancies. When sections noted in this section stipulate the CFC, this shall mean the 20222025 California Fire Code, for California State Fire Marshal -regulated occupancies for both building and nonbuilding regulations.
B.15.04.110.2 Establishment and Duties of the Bureau of Fire Prevention. The International Fire Code and the California Fire Code, including International Fire Code Standards as adopted and amended herein, shall be enforced by the City of San Carlos Fire Department, and managed by the City of Redwood City Fire Department (Bureau of Fire Prevention), and shall operate under the direction of the Fire Chief and the Fire Marshal of the Redwood City Fire Department. Both Fire Officers shall be known as the Fire Code Officials.
C.15.04.110.3 Definitions.
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1. Whenever the word “jurisdiction” is used in the International/California Fire Code, and Fire Code Standards, it is the City of San Carlos.
2. The party responsible for the enforcement of the International/California Fire Code and Fire Code Standards under the direction of the Fire Chief of the Redwood City Fire Department shall be the Fire Marshal.
3. Add the following definition:
“Fire Marshal” is the Fire Code Official of the Bureau of Fire Prevention.
D.15.04.110.4 Appeals. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the City Council of the City of San Carlos. For State Fire Marshal regulated occupancies, see Section 111.2.5 of the California Fire Code, Part 9, Title 24 CCR.
E.15.04.110.5 Penalties—109, 20212024 IFC and 20222025 CFC. Any person who shall violate any of the provisions of this Code or standards hereby adopted, or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order affirmed or modified by the Fire Code Official shall be guilty of a misdemeanor. Upon conviction, the court shall impose a fine not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000) or imprisonment for not less than one hundred eighty (180) days or both.
Notwithstanding any other provision of this Code, whenever violation of any section contained in this Code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.
The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
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1. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
2. Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code shall be liable for civil penalties not exceeding five hundred dollars ($500.00) per day for the first ten (10) days; and one thousand dollars ($1,000) per day for the next twenty (20) days; and five thousand dollars ($5,000) for each day after twenty (20). This shall apply to each violation.
3. In addition to the penalties set out in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The City of San Carlos shall also be permitted the right of recovering those funds, used to mitigate continuous, unabated hazards, which present a clear and present danger. The cost recovery fee shall be based on the actual hourly rate for Fire Department personnel, used in gaining compliance for those in violation.
F .15.04.110.6 Text Language and Local Amendments.
1.15.04.110.6.1 Chapter 1—Administration.
a.15.04.110.6.1.1 Section 104.10.3 is hereby added to read as follows:
104.10.3. New materials, processes, occupancies, requiring permits. The Fire Chief and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in the Fire Code. b.15.04.110.6.1.2 Sections 1121.1, 1121.2, 1121.3, and 1121.4 are hereby deleted in their entirety and replaced with the following language:
Appeals. In order to determine the suitability of alternate materials and types of construction, to provide for reasonable interpretations of this Code, and relief by way of appeal from the granting or denial of any permit, this shall be and hereby is created a Board of Appeals consisting of members of the City Council, to pass upon pertinent matters, who shall grant such relief or make such interpretation or explanation as may be necessary and proper pursuant to the provisions of this Code. The Fire Chief shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be the San Carlos City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief, with
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duplicate copy to the appellant, and may recommend to the executive body such new legislation consistent therewith.
Whenever the Fire Code Official/Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the San Carlos City Council. Such appeal shall be made within thirty (30) days from the date of the decision being appealed and shall be in writing and filed with the City Clerk of the City of San Carlos. Said notice of appeal shall be accompanied by a payment of $100.00, payable to the City of San Carlos.
The notice of appeal shall:
1. Specify the substance and particulars of the decision being appealed.
2. Show the date of the decision.
3. Be signed by the appellant or his/her duly authorized agent.
4. Indicate the mailing address of the appellant.
Whenever a notice of appeal is filed with the City Clerk, the Clerk shall set the matter for the hearing at the earliest reasonable time and shall notify the appellant of the place, date and time for the hearing and consider the appeal.
The City Clerk shall give notice of the hearing to the appellant at least seven days prior to the time set for the hearing. Notice shall be given to the appellant by mailing said notice to the address shown on the notice of appeal.
c.15.04.110.6.1.3 Section 105.1.2.1—Added. Section 105.1.2.1 is hereby added to the Fire Code and shall read as follows:
105.1.2.1. Fees and Special Requirements.
The fees for permits and other services shall be as established by resolution of the San Carlos City Council. The fees shall be set as a cost recovery for services provided by the Fire Department staff and Redwood City Fire Department Management staff to review and inspect the intended activities, operations, or functions as stipulated by section 105.1.1 and section 105.1.2 “Types of Permits” . Subsection 2, Construction Permit is adopted as written by model code. Operational Permits as indicated in section 105, subsection 105.1.2, Sub-section 1 is “not” adopted as written by model code for this ordinance.
Section 105.1.1 is amended and enforceable as follows:
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105.1.1. Construction Permits Required and Fire Clearance Inspections. 105.1.1. Permits required by this Code for construction related provisions for fire and life safety that isare under the responsibility of the fire department, shall be obtained upon approval of said construction plans and documents. This includes but is not limited to; architectural fire plan review, site plan review, automatic fire alarm systems, automatic fire sprinkler systems, automatic fire suppression systems, wildland urban intermix mitigation plans, and any other review of plans and specifications that require the approval of the Fire Code Official.
105.1.2. Fire clearance inspections are that maintenance type of fire code inspections performed to all occupancies that are under the jurisdictional enforcement powers of the City of San Carlos Fire DepartmentRedwood City Fire Department.
Operational use permits “are not” issued on a regular or annual basis as per section 105.6 of the 20192025 California Fire Code. Fire clearance inspections are designed to unify fire code operational use permits under one fire clearance inspection procedure, thereby; having one inspection inclusive of any potentially issued operational use permits. On a case- by- case basis, operational use permits may be issued when deemed necessary by the Fire Code Official.
All fire construction plan check and construction permit fees and fire clearance inspection fees must be paid to the City of San Carlos Permit Center prior to engaging in the listed activities, operations, or functions. A penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.
2. Chapter 2—Definitions.
a. Section 202, High Rise Structure Definition, is hereby amended to read as follows:
202 High Rise Structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access (see Section 403), except buildings used as hospitals as defined in Health and Safety Code Section 1250.
3.15.04.110.6.2 Chapter 3—General Fire Safety Precautions. a.15.04.110.6.2.1 Section 307—Amended. Section 307 is deleted in its entirety and is replaced by the following section:
Section 307.1. General.: Open burning is strictly prohibited within the jurisdictional boundaries of the City of San Carlos. Open burning does not include approved exterior fireplaces or barbecues that are used in a safe manner and used for cooking or warming
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purposes only. The Fire Chief prohibits burning of trash or vegetation, except for fire hazard reduction purposes when deemed necessary to abate an immediate fire hazard or during wildland fire suppression activities.
b.15.04.110.6.2.2 Section 324 is hereby added to the Fire Code to read as follows:
324 Car Stackers and Car Puzzler Systems. Car stackers and car puzzler systems are defined as manual, or automatic, rack vehicle storage systems designed to park cars vertically and / or horizontally inside structures or under canopies such that the vehicles are in close proximity tonear one another with limited access for firefighters. The configuration of the vehicles stored in these systems presents an exposure hazard from one vehicle to another in the event of a vehicle fire.
Parking areas inside buildings or under attached canopies equipped with car stackers or car puzzler systems shall be protected from above by an automatic fire sprinkler system designed to a density of Extra Hazard Group 2. Standard coverage sidewall sprinklers, listed for Ordinary Hazard Group 2, shall be provided to protect each parking level, including the bottom levels. The maximum coverage of a sidewall sprinkler is 80 sq. ft. and the use of extended coverage sidewall heads for protection is prohibited.
The basic design area of application for the increased density fire sprinkler system protecting the car stacker or car puzzler systems shall be 2,500 square feet. The design area of application may be reduced upon approval by the fire code officialFire Code Official but never less than 1,500 square feet if one-hour rated walls are provided between the stacker parking area and other standard parking stalls or storage areas, and the car stacker system is divided into a maximum of 1,000 square foot fire areas by one-hour rated fire barriers. Flow from all fire sprinkler heads, upright, pendant, and sidewall, at all levels, and located in the design area of application shall be included in the hydraulic calculations for the fire sprinkler system.
Car stackers and car puzzler systems installed inside structures or under attached canopies shall be provided with Manual Wet or Automatic Wet Standpipe connections at all points of access and at each parking level within the structure so that every part of the parking area is within 150 feet by hose pull of a standpipe connection.
Car stackers and car puzzler systems installed inside structures shall be provided with a mechanical smoke and heat removal system as per Section 910.4 of the California Fire Code. The smoke and heat removal system shall be automatically activated upon detection of fire by the fire alarm system. Section 910.4.4 is not applicable to this requirement.
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Car stacker and car puzzler systems installed outside structures that are open to the environment shall be configured to limit fire spread from one vehicle to another and from vehicles to adjacent structures. This shall be accomplished with one-hour fire rated barriers creating a maximum of 2500 square foot fire areas between stackers or puzzlers and by providing adequate setbacksetbacks from adjacent structures.
4.15.04.110.6.3 Chapter 5—Fire Service Features.
a.15.04.110.6.3.1 Section 503.1.1 of the Fire Code is hereby amended to read as follows:
Exceptions 1.1 and 1.3 isare not adopted.
503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building, hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. The fire code officialFire Code Official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:
1.1. The building is equipped throughout with an approved automatic sprinkler system in- stalled in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
2. Where approved by the Ffire Ccode Oofficial, fire apparatus access roads shall be per- mitted to be exempted or modified for solar photovoltaic power generation facilities. b.15.04.110.6.3.2 Section 503.2.3 of the Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. This is defined as Asphaltic Concrete or Concrete (including pervious concrete) installed over an adequate compacted roadbed to support the imposed loads
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(75,000 pounds) of fire apparatus. Any type of pavers, whether grouted or bedded in sand, or grass block type surfaces, are not approved for fire access roads or fire lanes. c.15.04.110.6.3.3 Section 507.1.1 is hereby added to the Fire Code to read as follows:
507.1.1. Fire Main, Hydrant Specifications. Notwithstanding anything to the contrary contained in this Code, all water mains providing a water supply for fire protection, both to fire hydrants and to fire service systems, shall be not less than eight inches (8") in diameter (inside measurement) provided, however, the Fire Code Official may require different sizes based on the conditions of the site, but in no case shall the fire service main be less than six inches (6") in diameter (inside measurement). Maintenance of privately-owned water mains, fire hydrants, or other fire service systems (collectively referred to as “Facilities”) shall be performed by, and be the responsibility of, the owners thereof, and the City shall assume no liability for damages to the Facilities in performing tests to, or in using, such Facilities. Appendix Table B105.1(1) is not adopted under this ordinance. Minimum fire flow for one- and two-family dwellings under 3,600 square feet shall be 1,000 gallons of water per minute with two-hour flow duration. Residual pressure shall not be less than 20 psi. For one- and two-family dwellings over 3,600 square feet, the required fire flow shall be 50% of the value in Appendix Table B105.1(2) with automatic fire sprinklers installed per Section 903.3.1.3 of the California Fire Code with a minimum flow requirement of 1,000 gallons of water per minute. Appendix Table B105.2 is amended to allow a maximum reduction in required fire flow of 50% of the value in Table B105.1(2) with a minimum fire flow of 1,500 gallons per minute at 20 pounds per square inch residual pressure for buildings other than one- and two-family residential dwellings with automatic fire sprinklers installed per Sections 903.3.1.1 or 903.3.1.2 of the California Fire Code. d.15.04.110.6.3.4 Section 507.5.1.1 is hereby amended to read as follows:
507.5.1.1 Hydrant for standpipe systems and fire sprinkler systems. Buildings equipped with a standpipe system installed in accordance with Section 905 or a fire sprinkler system complying with section 903.3.1.1 shall have a fire hydrant within 50100 feet (30,48015,240 mm) of the fire department connections (FDC) located on the same side of the roadway.
For high-rise buildings, the fire hydrant shall be within 50 (15,240 mm) located on the same side of the roadway.
e.15.04.110.6.3.5 Section 510.4.2.3.2 is hereby amended to read as follows:
510.4.2.3 Standby power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power
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supply shall be capable of operating the emergency responder radio coverage system at 100-percent system capacity for a duration of not less than 24 hours. 510.2 Emergency Responder Communication Coverage in Existing Buildings. Existing buildings, with the exception of individual single family or duplex residential structures, shall be provided with approved in-building, two-way emergency responder communication cov- erage for emergency responders as required in Chapter 11 or when an addition, tenant im- provement, remodel, alterations, or modernization meets the definition of a substantial re- model, addition, or repair.
f.15.04.110.6.3.6 Section 510.6.14.2.10 is hereby amended added to read as follows:
510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually by a fire department approved testing company or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of but not be limited to the following:
1. In-building coverage test as described in Section 510.5.3.
2. Signal boosters shall be tested to verify that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance of the system.
3. Backup batteries and power supplies shall be tested under load offor a period of 1 hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined.
4. Other active components shall be checked to verify operation within the manufacturer’s specifications.
5. At the conclusion of the testing, a report, which shall verify compliance with Section 510.5.4, shall be submitted to the fire code officialFire Code Official. 510.4.2.10 UL Certification . New ERCES systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in UL 2524 shall be provided for all new emergency responder communication system installations. It is the responsibility of the
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building owner or owner’s representative to obtain and maintain a current and valid Certifi- cate.
515.04.110.6.4. Chapter 9—Fire Protection Systems and Equipment. a. Section 901.1—Scope Amended. Add the following language to Section 901.1 of the 2022 CFC.
The Fire Code Official may require additional extinguishers, and/or extinguishers of different ratings for protection of special hazards or hazardous areas. The higher ratings may be permitted if in the opinion of the Fire Code Official, they are better suited to substantially protect or mitigate the hazard(s).
b.15.04.110.6.4.1 Section 901.6.3 of the Fire Code is hereby amended to read as follows:
901.6.3 Records. All contractors who service, test, install and/or maintain fire protection systems within the City of Redwood CitySan Carlos are required to enroll and utilize the approved single-point repository service to file records of all system inspections, tests, and maintenance required by the referenced standards. This repository service shall be maintained and provided to the fire code officialFire Code Official through a third-party inspection reporting system. Fees, as applicable, will be paid directly from the contractor to the approved single-point repository service vendor. c.15.04.110.6.4.2 Section 903.2 of the Fire Code is hereby amended as follows:
903.2 New Construction. When the provisions of section 903.2.1 through 903.2.112 of the 20252022 California Fire Code do not mandate automatic fire sprinkler system protection, and when the following occupancies are of new construction and the total square footage of the new building exceeds 2,500 square feet in size, or more than one-story in height, an automatic fire sprinkler system, shall be installed in the following occupancy classifications: Group A, Group B, Group E, (Non-public schools), Group F , Group H, Group I, Group M, Group R, and Group S occupancies.
903.2 Existing Construction. An approved automatic fire sprinkler system shall be installed throughout all locations of existing Group A, Group B, Group E (Non-public schools), Group F , Group H, Group I, Group M, Group R, and Group S occupancies, when the total square footage of the existing building exceeds 2,500 square feet in size, or is greater than one- story in height, and one or more of the following items apply:
a. Change to a more hazardous use/occupancy.
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b. When the Fire Code Official determines that an automatic sprinkler system is necessary due to emergency vehicle access, fire load, occupant load or an existing condition which may hinder fire suppression efforts in the event of a fire or other perils. d.15.04.110.6.4.3 Section 903.2.8—Amended. Section 903.2.8 of the Fire Code is amended, and the following new sections are added:
903.2.8.(a) New Construction.
When the provisions of Section 903 of the Fire Code do not mandate automatic fire sprinkler system protection, an approved automatic fire sprinkler system shall be installed in all new Group R-1 and R-2 occupancies. Installation of the sprinkler system shall conform to NFPA Standard 13R if the residential building is four stories or less in height and with the following additional protection:
1. Sprinklers shall be installed throughout garages, open attached porches, carports, large under-floor spaces that are of combustible construction, and accessible for storage use.
2. Sprinklers shall be installed throughout attic areas.
3. All sprinkler piping in attics shall be copper.
903.2.8(b) Group R, Division 3 Occupancies—New Construction.
An approved automatic fire sprinkler system shall be installed as per sections R313.1 and R313.2 of the 20222025 California Residential Code. Installation of the automatic fire sprinkler system shall be in accordance with section 903.3.1.3 (NFPA 13D) and with the following areas of the residence to be protected by automatic fire sprinklers:
1. Sprinklers shall be installed throughout garages, carports, and similar attached structures.
2. Pilot Sprinklers on metallic piping shall be installed in attic areas at the entry point into the attic, near heat sources, and near mechanical equipment installed in the attic. 903.2.8(c) Group R, Division 3 Occupancies—Existing Construction.
An approved automatic fire sprinkler system meeting the design criteria as stipulated in section 903.1.3 of the Fire Code is required for existing Group R, Division 3 when the existing structure is demolished and is reconstructed to become 2,500 square feet or greater in size.
Demolished and Reconstruction means:
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1. The building has been completely torn down to the foundation; the structure is being renovated and is made uninhabitable during said renovation or reconstruction. This includes the removal or inoperability of any or all the utilities to the building for a period of more than twenty-four consecutive hours. Utilities mean, water, electrical, natural gas, and sanitary sewer.
2. The structure increases height from one story to a two-story single-family dwelling and is greater than 2,500 habitable square feet.
e. Section 903.2.23 is hereby added to the Fire Code to read as follows:
903.2.23—Automatic Sprinkler System Requirements for Type-IV A, B, and C Construction Types. Automatic sprinkler systems meeting section 903.3.1.1 of the fire codeFire Code shall be installed throughout all new buildings built to Type-IV A, B, or C construction type.
The design density for the automatic sprinkler system shall be a minimum design density of Ordinary Hazard Group-1 throughout the building regardless of use. f.15.04.110.6.4.4 Section 903.4.2 is hereby amended to read as follows:
903.4.2 Alarms. One exterior approved audible device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system.
Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. In addition, for automatic sprinkler systems installed under section 903.3.1.2 or 903.3.1.3, activation of all the interconnected single station smoke alarms throughout the residence is required. An acceptable alternative to interconnection to the smoke alarms is the installation of horn strobe devices in locations that will provide adequate notification to all sleeping rooms with at least one notification device per floor. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
Visible alarm notification appliances shall not be required except when required by Section 907.
g.15.04.110.6.4.5 Section 905.4 is hereby amended to read as follows:
905.4 Location of Class I Standpipe Hose Connections. Class I standpipe hose connections shall be provided in all the following locations:
1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediate floor landing unless otherwise approved by the fire code officialFire Code Official. h. Section 907.2.12.3.4 is hereby added to the Fire Code to read as follows:
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907.2.12.3.4 Multistoried, Mid- and High-Rise Building Safety Requirements. (a) Firefighters Communications Systems: Are not allowed in lieu of an approved ERRCS, but when required by the Fire Code Official, buildings six (6) or more stories in height, firefighter’s communication systems shall be installed in accordance with the following requirements:
(i) One access jack shall be provided at each stairwell landing and two (2) access jacks shall be provided in a lobby area of the building in plain view of elevator doors, and in any event at locations and according to specifications subject to the approval of the Fire Code Official.
(ii) One telephone set shall be provided at each floor of the building, provided that such telephone sets shall be in the lobby area at a location and according to specifications subject to the approval of the Fire Code Official.
(iii) One additional telephone set shall be provided with not less than five hundred feet (500') of telephone cord and shall be maintained on a roller device providing convenient portability. Said telephone set shall likewise be maintained at a location and according to specifications approved by the Fire Code Official.
(b) Emergency Planning and Information: Buildings and occupancy groups specified in Title 19 of the California Code of Regulations, Section 3.09, and buildings with four (4) or more stories in height shall have posted a floor plan sign which shall provide emergency procedures at every stairway landing, elevator landing, and immediately inside all public entrances to the building. InformationThe information contained in the floor plan signs shall include, but shall not be limited to, the following:
1. Location of exits and fire alarm initiating stations.
2. Description of fire alarm sounds and appearance.
3. Fire Department emergency telephone number “911. ”
4. Prohibition of the use of elevators during emergencies.
5. Instructions to be followed by ambulatory, non-ambulatory, and disabled persons in the event of an emergency.
6. Notation “you are here” or other readily understandable marking specifying the location on the floor plan sign.
Floor plan signs shall be printed in a non-decorative lettering which shall not be less than three-sixteenths of an inch (3/16") in height and shall provide a sharp contrast with the
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background. The information shall accurately depict the layout of the floor where the sign is located. Signs shall be mounted as specified by the California Building Code. (c) Public Address System. In buildings four (4) or more stories in height, a public address system shall be installed for the exclusive use of Fire Department personnel, peace officers, or other City enforcement personnel according to specifications approved by the Fire Prevention Bureau. Controls for, and access to, such a system shall be installed on the ground floor of the building at a location subject to the approval of the fire code officialFire Code Official.
(d) Fire Equipment enclosure: Buildings of four (4) or more stories in height, a secure cabinet or other enclosed area shall be provided as directed by the Fire Code Official for housing fire equipment. Fire equipment required to be provided by the property owner or developer shall be at the direction of the Fire Code Official. i. Section 913.2.3 is hereby added to the Fire Code to read as follows:
913.2.3 Alternate source of power. Notwithstanding the availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate source of power in accordance with NFPA 20 due to foreseeable extended electrical service interruptions along the California Power Grid due to high demand, high heat, Public Safety Power Shutoffs, and damage to the power grid caused by destructive natural events such as wildfires, high winds, and earthquakes.
15.04.110.6.4.6 Section 907.1.8 is hereby added to read as follows:
907.1.8 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Com- pletion and other documentation listed in NFPA 72 shall be provided for all new fire alarm systems installations. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid Certificate in accordance with UL 2524.
15.04.110.6.4.7 Section 907.1.9 is hereby added to read as follows:
907.1.9 Zone Transmittal. Fire alarm signals shall be transmitted by zone to the central required UL station monitoring company and retransmitted by zone to the public fire service communications center.
15.04.110.6.4.8 Section 907.1.10 is hereby added to read as follows:
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907.1.10 Service. All fire alarm systems shall be provided with Underwriters Laboratories central station monitoring service by the responsible party, including but not limited to the building's owner, property manager, or tenant(s).
15.04.110.6.4.9 Section 907.2.30 is hereby added to read as follows:
907.2.30 Multistoried, Mid and High Rise Building Safety Requirements.
A. Firefighters Communications Systems: Are not allowed in lieu of an approved ERRCS, but when required by the fire code official for buildings six (6) or more stories in height, firefighter's communication systems shall be installed in accordance with the fol- lowing requirements:
1. One access jack shall be provided at each stairwell landing and two (2) access jacks shall be provided in a lobby area of the building in plain view of elevator doors, and in any event at locations and according to specifications subject to the approval of the fire code official.
2. One telephone set shall be provided at each floor of the building; provided, that such telephone sets shall be located in the lobby area at a location and according to specifica- tions subject to the approval of the fire code official.
3. One additional telephone set shall be provided with not less than five hundred feet (500') of telephone cord and shall be maintained on a roller device providing convenient portability. Said telephone set shall likewise be maintained at a location and according to specifications approved by the fire code official.
B. Emergency Planning and Information: Buildings and occupancy groups specified in Title 19 of the California Code of Regulations, Section 3.09, and buildings with four (4) or more stories in height shall have posted a floor plan sign which shall provide emergency pro- cedures at every stairway landing, elevator landing, and immediately inside all public en- trances to the building. Information contained in the floor plan signs shall include, but shall not be limited to, the following:
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1. Location of exits and fire alarm initiating stations.
2. Description of fire alarm sounds and appearance.
3. Fire Department emergency telephone number "911."
4. Prohibition of the use of elevators during emergencies.
5. Instructions to be followed by ambulatory, non-ambulatory, and disabled persons in the event of an emergency.
6. Notation 'you are here' or other readily understandable marking specifying the loca- tion on the floor plan sign.
Floor plan signs shall be printed in a non-decorative lettering which shall not be less than three-sixteenths of an inch ( 3/16 ") in height and shall provide a sharp contrast with the background. The information shall accurately depict the layout of the floor where the sign is located. Signs shall be mounted as specified by the California Building Code.
C. Public Address System: In buildings four (4) or more stories in height, a public address system shall be installed for the exclusive use of Fire Department personnel, peace officers, or other City enforcement personnel according to specifications approved by the Redwood City Fire Prevention Bureau. Controls for, and access to, such system shall be installed on the ground floor of the building at a location subject to the approval of the Fire Code Official.
D. Fire Equipment Enclosure: Buildings of four (4) or more stories in height, a secure cabinet or other enclosed area shall be provided as directed by the Fire Code Official for housing fire equipment. Fire equipment required to be provided by the property owner or developer shall be at the direction of the Fire Code Official.
15.04.110.6.4.9 Section 907.8.5 is hereby added to read as follows:
907.8.5 Alarm Response, Violations.
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A. In General. It shall be a violation of this Code to cause the Fire Department to respond to more than two (2) unintentional alarms in a sixty (60) day period at a commercial, industrial, or residential building.
B. Alarm System Testing, Maintenance or Repair. It is a violation of this Code to cause the Fire Department to respond to an alarm caused by alarm system testing, maintenance or repair.
C. As used in this Section, "unintentional alarm" means an alarm caused by equipment mal- function, operator inadvertence or operator negligence. "Unintentional alarm" does not in- clude an alarm caused by alarm testing, maintenance or repair.
15.04.110.6.4.10 Section 907.9 is hereby amended to read as follows:
907.9 Where required in existing buildings and structures. An approved fire alarm system shall be provided in existing buildings and structures other than single family residential or duplex structures, where required in Chapter 11 or when an addition, tenant improvement, remodel, alterations, or modernization project meets the definition of a substantial re- model, addition, or repair within a five (5) year period.
15.04.110.6.4.11 Section 913.2.3 is hereby added to read as follows:
913.2.3 Alternate source of power. Notwithstanding the availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate source of power in accordance with NFPA 20 due to foreseeable extended elec- trical service interruptions along the California Power Grid due to high demand, high heat, Public Safety Power Shutoffs, or damage to the power grid caused by destructive natural events such as wildfires, high winds, and earthquakes.
6. Chapter 49—Requirements for Wildland-Urban Interface (WUI) Fire Areas. a. Section 4901.1. Amended to include:
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP:
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The City Council hereby adopts and designates the most recent Very High Fire Hazard Severity Zones map as recommended by the Director of the California Department of Forestry and Fire Protection and retained on file, or via the internet, and made available at the offices of the Fire Chief and Building Official of the City of San Carlos. Buildings and structures shall comply with the provisions as stipulated by the City of San Carlos Building Official, the California Building Code Chapter 7A, or the California Residential Code Section R337.
7.15.04.110.6.5 Chapter 56—Explosives Fireworks (Pyrotechnical Special Effects Materials).
a. Section 5601.1 Amended. Chapter 5601.1 is hereby amended, and the following sections are added:
5601.1(a) All non-professional fireworks listed by the California State Fire Marshal as “Safe and Sane” are prohibited within the jurisdictional boundaries of the City of San Carlos on a year-round basis.
5601.1(b) All professional pyrotechnical devices used for public display, or special effects, shall be in accordance with the applicable provisions of the State of California Code of Regulations, Title 19 and the applicable sections of the State of California Fire Code.
Permits for public display and/or special effects shall be obtained from the City of San Carlos. Application for a use permit shall be submitted to the Fire Department thirty days prior to the event.
8.15.04.110.7 Chapter 80
15.04.110.7.1 Chapter 80 NFPA 13-25 13-19.1.1.1 is hereby added to read as follows:
903.2.10.319.1.1.1. Parking Areas with Electric Vehicle Charging.
1. Design Standards: Fire sprinkler systems must be designed as Extra Hazard Group II (EH2).
2. Sprinkler Density: Minimum of 0.40 GPM/ft² over the area of the EV charging stations.
3. Design Area Extension: Sprinkler coverage must extend at least 3 feet beyond the perim- eter of the EV parking spaces. For areas less than 2,500 SF , the design is not required to ex- tend 15 feet beyond as typically required by this code.
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15.04.110.7.2 Chapter 80, 13-252, Section 27.10 of the Fire Code is hereby amended to read as follows:
Fire sprinkler systems for the protection of laboratory buildings shall be designed and installed in accordance with this standard, with a minimum design density of Ordinary Hazard Group II.
9.15.04.110.7.3 Chapter 80, 13D-252, Section 6.2.2(2) of the Fire Code is hereby amended to read as follows:
(2) A stand-alone tank is permitted only if the following conditions are met:
(a) The pump shall be connected to a 220-volt circuit breaker shared with a common household appliance (e.g., range, oven, dryer),
(b) The pump shall be a stainless steel 220-volt pump,
(c) A valve shall be provided to exercise the pump. The discharge of the exercise valve shall drain to the tank, and
(d) A sign shall be provided stating: “Valve must be opened monthly for 5 minutes. ” (e) A means for automatically refilling the tank level, so that the tank capacity will meet the required water supply duration in minutes, shall be provided. (f) A test connection shall be provided downstream of the pump that creates a flow of water equal to the smallest sprinkler on the system. The connection shall return water to the tank.
(g) Any disconnecting means for the pump shall be approved. (h) A method for refilling the tank shall be piped to the tank. (i) A method of seeing the water level in the tank shall be provided without having to open the tank.
(j) The pump shall not be permitted to sit directly on the floor. (k) A stand-alone tank and pump are only allowed in areas not served by a municipal water system and only by approval of the fire code official.
10.15.04.110.7.4 Chapter 80, 13D-252, Section 8.3.4 of the Fire Code is hereby amended to read as follows:
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8.3.4 Sprinklers shall not be required in detached garages, open attached porches with no habitable space above, carports with no habitable space above, and similar structures.
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CITY COUNCIL
STAFF REPORT
MEETING DATE: October 27, 2025
ITEM TITLE: Consideration of Introducing an Ordinance Adding Chapter 8.11 to the San Carlos Municipal Code Banning the Sale and Distribution of Nitrous Oxide, Also Known as “Whippets”, with Limited Exceptions.
RECOMMENDATION:
Staff recommend that the City Council introduce an Ordinance adding Chapter 8.11 to the San Carlos Municipal Code banning the sale and distribution of nitrous oxide, also known as “Whippets”, with limited exceptions.
FISCAL IMPLICATIONS:
There are no significant fiscal implications associated with this recommendation. Depending on the level of compliance, there could be costs associated with enforcement of the Ordinance.
BACKGROUND:
Nitrous oxide is an odorless, colorless, non-flammable gas with certain legitimate uses, including medical or dental procedures in clinical settings, as well as industrial and food-product uses.
However, nitrous oxide is also misused and abused for recreational purposes, in part because it is easy to purchase from retail vendors and is relatively inexpensive.
According to the U.S. Food and Drug Administration (FDA), the use of nitrous oxide (or “whippets”) as an inhalant for recreational drug purposes can result in a range of symptoms and serious health problems such as blood clots, paralysis, vitamin B12 deficiency, organ damage and failure, psychiatric disturbances (delusions, hallucinations, paranoia, depression), and in some cases, death.
In the State of California, it is illegal to sell and possess nitrous oxide products if the intention is to consume for intoxication or an altered state of mind. It also prohibits the sale of nitrous oxide to any person under the age of 18 years. The existing law also requires a seller of nitrous oxide to keep a record of persons who purchase nitrous oxide from it, requires the purchaser to sign the document and provide a complete residential address, and present a valid government-issued photo identification. The seller must also provide certain written warnings for the purchase.
ANALYSIS:
The proposed Ordinance tracks the recently adopted San Mateo County ban on whippets in unincorporated areas (see SMC Ordinance 4911 attached). The City Ordinance, if adopted would ban the sale, attempted sale, and distribution of nitrous oxide in the City limits of San Carlos, with limited exceptions. The exceptions include recognized legitimate uses of nitrous oxide such as:
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Nitrous oxide sold or distributed in food products;
For uses related to vehicles;
Wholesale purposes where not in violation of the Ordinance; For use by medical providers;
For research and development purposes; or
Sale or distribution of nitrous oxide by pharmacies.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Introduce the proposed Ordinance adding Chapter 8.11 to the San Carlos Municipal Code banning the sale and distribution of nitrous oxide, also known as “Whippets”, with limited exceptions; or
2. Do not introduce the proposed Ordinance; 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. Ordinance
2. SMC Ordinance 4911 - Nitrous Oxide Ban
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF SAN CARLOS
ADDING CHAPTER 8.11 TO THE SAN CARLOS MUNICIPAL CODE BANNING THE SALE AND DISTRIBUTION OF NITROUS OXIDE, ALSO KNOWN AS “WHIPPETS”, WITH LIMITED EXCEPTIONS.
SECTION 1. Findings. The City Council of the City of San Carlos does hereby find and declare as follows:
WHEREAS, nitrous oxide is an odorless, colorless, non-flammable gas with certain legitimate uses, including medical or dental procedures in clinical settings, as well as industrial and food-product uses. However, nitrous oxide is also misused and abused for recreational purposes, in part because it is easy to purchase from retail vendors and is relatively inexpensive.
WHEREAS, according to the U.S. Food and Drug Administration (FDA), the use of nitrous oxide (or “whippets”) as an inhalant for recreational drug purposes can result in a range of symptoms and serious health problems such as blood clots, paralysis, vitamin B12 deficiency, organ damage and failure, psychiatric disturbances (delusions, hallucinations, paranoia, depression), and in some cases, death.
WHEREAS, in the State of California, it is illegal to sell and possess nitrous oxide products if the intention is to consume for intoxication or an altered state of mind. It also prohibits the sale of nitrous oxide to any person under the age of 18 years. The existing law also requires a seller of nitrous oxide to keep a record of persons who purchase nitrous oxide from it, requires the purchaser to sign the document and provide a complete residential address, and present a valid government-issued photo identification. The seller must also provide certain written warnings for the purchase.
WHEREAS, the County of San Mateo has adopted an ordinance banning the sale of nitrous oxide subject to limited exceptions in the unincorporated areas of the county and several of these areas are adjacent to or near the City of San Carlos. The new Chapter 8.11 of the San Caros Municipal Code is nearly identical and tracks the County’s ban, which will lead to consistent rules and enforcement in the City and unincorporated areas near San Carlos.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:
SECTION 2: The City Council hereby approves adding a new Chapter 8.11 to the San Carlos Municipal Code banning the sale and distribution of nitrous oxide as set forth in Exhibit A.
SECTION 3: CEQA. This Ordinance is exempt from additional environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3); under the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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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 October, 2025 and passed and adopted as an Ordinance of the City Council of the City of San Carlos at a regular meeting thereof held on the ____ day of ______, 2025 by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A: Chapter 8.11 of the San Carlos Municipal Code AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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Exhibit A
CHAPTER 8.11 NITROUS OXIDE
8.11.010 Purpose and authority.
This Chapter is enacted pursuant to the City’s police powers to protect the public safety, health, and welfare, consistent with state and federal law. The purpose of this Chapter 8.11 is to advance the health, safety, and general welfare of the citizens of the City of San Carlos by eliminating retail access for recreational use of Nitrous Oxide, a gas that is dangerous when illicitly used as an intoxicant.
8.11.020 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
(a) “Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense, or administer Nitrous Oxide.
(b) “Nitrous Oxide” means the colorless nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as “laughing gas,” “NOX,” “galaxy gas,” or “whippits,” among other names.
(c) “Person” means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, or any other entity.
(d) “Research and Development” means the systematic investigation, experimentation, or development undertaken to acquire new knowledge, test hypotheses, evaluate or improve products, processes, or technologies, or create new applications, when conducted by or under the supervision of (1) an accredited academic or vocational institution; (2) a business entity engaged in bona fide scientific, engineering, medical, or technological product development; or (3) a government agency or recognized nonprofit research organization. Research and Development does not include activities primarily intended for personal, recreational, or other non- scientific purposes.
(e) “Wholesale Capacity” means sale of or distribution of Nitrous Oxide or a Device to dispense Nitrous Oxide to a Person that will use Nitrous Oxide or the Device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of Devices for the use in food production or in a commercial kitchen, and/or commercial sale of Nitrous Oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
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8.11.030 Prohibition on Sale or Distribution of Nitrous Oxide. (a) Except as otherwise authorized by law or allowed under this Chapter, it is unlawful for any Person to sell, attempt to sell, offer, distribute, or otherwise provide to any Person Nitrous Oxide, a Device to dispense or administer Nitrous Oxide, or any Device that contains any quantity of Nitrous Oxide.
(b) Except as otherwise authorized by law or in circumstances described in Section
8.11.040 of this Chapter, possession by a Person of (i) any refillable or disposable Nitrous Oxide cylinder with a net content of six (6) pounds or more; (ii) an aggregate of two hundred (200) or more standard 8-gram Nitrous Oxide cartridges; or (iii) any equivalent amount of Nitrous Oxide shall give rise to a rebuttable presumption that the Person is attempting to sell or distribute Nitrous Oxide. This presumption may be rebutted by competent evidence of lawful use or exemption under this Chapter.
8.11.040 Exceptions.
This Chapter does not apply to the sale, attempt to sell, offer, distribution, or other manner of providing Nitrous Oxide, a Device containing Nitrous Oxide, or a Device to administer Nitrous Oxide in the following circumstances:
(a) If the Nitrous Oxide is contained in a food product for use as a propellant. (b) If the Nitrous Oxide or Device is being sold, attempted to besold, offered, or distributed in a Wholesale Capacity. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the Nitrous Oxide or Device in violation of Section 8.11.030 of this Chapter. (c) If the Nitrous Oxide or Device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.
(d) If the Nitrous Oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations. (e) If the Nitrous Oxide or Device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
(f) If the Nitrous Oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of Research and Development. (g) Any other circumstances exempted under law.
8.11.150 Public Nuisance.
Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in the Municipal Code and state law, including, but not limited to, an
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action for abatement or injunctive relief. All remedies provided herein shall be cumulative and not exclusive.
8.11.160 Enforcement.
(a) Any Person violating, or causing the violation, of any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a term not exceeding six (6) months, or by both such fine and imprisonment. Every day such violation continues shall constitute a separate offense. (b) A violation of this Chapter is grounds for revocation of a Tobacco Retailer Permit, in accordance with Section 8.07.290 of Chapter 8.07 of the Municipal Code. (c) A violation of this Chapter is grounds for suspension or revocation of a license or permit to operate under Title 5 (Business Taxes, Licenses and Regulations) of the Municipal Code, if applicable.
(d) This Chapter shall not be interpreted to limit the applicable civil or administrative remedies available under law. All available enforcement procedures and remedies remain applicable including, but not limited to, administrative fines set forth in Chapter 1.20 of the Municipal Code or other applicable law.
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ORDINANCE NO. 4911
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA * * * * * *
ORDINANCE ADDING CHAPTER 4.124 TO THE SAN MATEO COUNTY
ORDINANCE CODE BANNING THE SALE AND DISTRIBUTION OF NITROUS
OXIDE SUBJECT TO LIMITED EXCEPTIONS
______________________________________________________________ The Board of Supervisors of the County of San Mateo (“County”) hereby finds and declares as follows:
WHEREAS, nitrous oxide is an odorless, colorless chemical with legitimate uses, including for medical or dental procedures in clinical setting s, as well as for industrial, research and development, and food-product purposes; and WHEREAS, nitrous oxide is also misused and abused, in part, because it is easy to purchase from retail vendors and it is relatively inexpensive; and WHEREAS, the misuse and abuse of nitrous oxide or “whippits” can cause long term negative health effects, including organ and neurological damage, depression, and psychosis; and
WHEREAS, youth are particularly susceptibl e to the danger s associated with recreational use of nitrous oxide, and, in 2009, the State of California prohibited the sale of nitrous oxide to persons under the age of 18 (with certain exceptions) (Cal. Penal Code, § 381c); and
WHEREAS, the San Mateo Co unty Youth Commission ’s mission includes identifying issues of concern to young people in the County , and the Youth Commission has raised an important public health concern regarding the use and abuse of nitrous oxide among San Mateo County youth; and
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WHEREAS, the Youth Commission, along with San Mateo County’s Behavioral Health and Recovery Services, has identified that youth in San Mateo County are at risk for nitrous oxide abuse due to the sale of nitrous oxide at shops in the County, potentially without age verification; and
WHEREAS, despite the State’s prohibition on the sale of nitrous oxide to persons under the age of 18, the continued risk of recreational use of nitrous oxide by youth in the County highlights the need for additional action to prevent nitrous oxide abuse; and WHEREAS, the Board of Supervisors has a substantial interest in protecting youth and other vulnerable residents in the County from the harms of nitrous oxide use; and
WHEREAS, on August 12, 2025, th is Board adopted Resolution No. 081349 affirming the County’s commitment to preventing youth nitrous oxide abuse and directing the County Executive’s Office to have prepared an ordinance banning the sale and distribution of nitrous oxide; and
WHEREAS, the County desires to regulate the s ale and distrib ution of nitrous oxide in order to preserve and protect public health and to dissuade sellers of nitrous oxide products from selling to individuals whom they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation); and
WHEREAS, a ban on the sale and distribution of nitrous oxide is necessary to protect the health, safety, and welfare of San Mateo County residents , and particularly youth, from the harms of nitrous oxide use.
NOW, THEREFORE, the Board of Supervisors of the County of San Mateo
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ordains as follows:
SECTION 1. A new Chapter 4.124 is hereby added to the San Mateo County Ordinance Code to be numbered and entitled and to read as follows:
CHAPTER 4.124 NITROUS OXIDE
4.124.010 Purpose and authority.
This Chapter is enacted pursuant to the County’s police powers to protect the public safety, health, and welfare, consistent with state and federal law . The purpose of this Chapter 4.124 is to advance the health, safety, and general welfare of the County of San Mateo citizens by eliminating retail access for recreational use of Nitrous Oxide, a gas that is dangerous when illicitly used as an intoxicant.
4.124.020 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
(a) “Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense, or administer Nitrous Oxide.
(b) “Nitrous Oxide” means the colorless nonflammable gas s ometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Ni trous oxide is often informally or colloquially referred to as “laughing gas, ” “NOX,” “galaxy gas, ” or “whippits,” among other names.
(c) “Person” means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, or any other entity.
(d) “Research and Development” means the systematic investigation, experimentation, or development undertaken to acquire new knowledge, test hypotheses, evaluate or improve products, processes, or technologies, or create new applications, when conducted by or under the supervision of (1) an accredited academic or vocational institution ; (2) a business entity engaged in bona fide scientific, engineering, medical, or technological product developme nt; or (3) a go vernment agency or recognized nonprofit research organization . Research and Development does not include activities primarily intended for personal, recreational, or other non-scientific purposes.
(e) “Wholesale Capacity” means sale of or distr ibution of Nitrous Oxide or a
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Device to dispense Nitrous Oxide to a Person that will use Nitrous Oxide or the Device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of Devices for the use in food production or in a commercial kitchen, and/or commercial sale of Nitrous Oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
4.124.030 Prohibition on Sale or Distribution of Nitrous Oxide. (a) Except as otherwise authorized by law or allowed under this Chapter, it is unlawful for any Person to sell, attempt to sell, o ffer, distribute , or otherwise provide to any Person Nitrous Oxide, a Device to dispense o r administer Nitrous Oxide, or any Device that contains any quantity of Nitrous Oxide.
(b) Except as otherwise authorized by law or in circumstances described in Section 4.124.040 of this Chapter, p ossession by a Person of (i) any refillable or disposable Nitrous Oxide cylinder with a net content of six (6) pounds or more ; (ii) an aggregate of two hundred (200) or more standard 8-gram Nitrous Oxide cartridges; or (iii) any equivalent amount of Nitrous Oxide shall give rise to a rebuttable presumption that the Person is attempting to sell or distribute Nitrous Oxide . This presumption may be rebutted by competent evidence of lawful use or exemption under this Chapter.
4.124.040 Exceptions.
This Chapter does not apply to the sale, attempt to sell, offer, distribution, or other manner of providing Nitrous Oxide, a Device containing Nitrous Oxide, or a Device to administer Nitrous Oxide in the following circumstances:
(a) If the Nitrous Oxide is contained in a food product for use as a propellant. (b) If the Nitrous Oxide or Device is being sold, attempted to be sold, offered, or distributed in a Wholesale Capacity. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the Nitrous Oxide or Device in violation of Section
4.124.030 of this Chapter.
(c) If the Nitrous Oxide or Device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.
(d) If the Nitrous Oxide is being sold, a ttempted to be sold, offer ed, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of a medical or dental practitioner licensed by the State of California and in accordance with a ll
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applicable rules and regulations.
(e) If the Nitrous Oxide or Device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 40 37, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
(f) If the Nitrous Oxide is being sold, attempted to be sold, offer ed, or distributed specifically for the purpose of Research and Development. (g) Any other circumstances exempted under law.
4.124.150 Public Nuisance.
Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and p enalties accord ing to the provisions and procedures contained in this Ordinance Code and state law, including , but not limited to, an action for abatement or injunctive relief . All remedies provided herein shall be cumulative and not exclusive.
4.124.160 Enforcement.
(a) Any Person violating, or causing the violation, of any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County J ail for a term not exceeding six (6) months, or by both such fine and imprisonment. Every day such violation continues shall constitute a separate offense. (b) A violation of this Chapter is grounds for revocation of a Tobacco Retailer Permit, in accordance with Section 4.98.290 of Chapter 4.98 of this Ordinance Code.
(c) A violation of this Chapter is grounds for revocation of a license or permit to operate under Title 5 (Business Regulations) of this Ordinance Code , if applicable.
(d) This Chapter shal l not be interp reted to limit the applicable civil or administrative remedies available under law. All available enforcement procedures and remedies remain applicable including, but not limited to, administrative fines set forth in Chapter 1.40 of this Ordinance Code or other applicable law.
SECTION 2. SEVERABILITY . If any section, subsection, sentence, clause or
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phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shal l not affect th e remaining portions of this Ordinance.
SECTION 3. EFFECTIVE DATE . This Ordinance shall be effective 30 days from the date of adoption.
* * * * * *
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ORDINANCE NUMBER: 4911
Regularly passed and adopted this 9th day of September, 2025
AYES and in favor of said ordinance:
Supervisors: JACKIE SPEIER
NOELIA CORZO
RAY MUELLER
LISA GAUTHIER
DAVID J. CANEPA
NOES and against said ordinance:
Supervisors: NONE
President, Board of Supervisors
County of San Mateo
State of California
Certificate of Delivery
I certify that a copy of the original ordinance filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors.
Assistant Clerk of the Board of Supervisors
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