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Att 1 - Proposed Resolution

San Mateo City Council
March 2, 2026

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Att 1 - Proposed Resolution
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March 2, 2026
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San Mateo City Council
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2026)

APPROVING A PLANNING APPLICATION TO CONSTRUCT 128 RESIDENTIAL UNITS AND ASSOCIATED SITE

IMPROVEMENTS, AND DETERMINING THAT THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL

REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, Prometheus Real Estate Group (herein referred to as the “Applicant”) submitted a P lanning Application No. PA‐2025‐025 for a Site Plan and Architectural Review and Site Development Planning Application for construction of a new multi‐ family development with 128 rental residential units and associated off‐street parking, landscaping and open space areas located 668 E 3rd Ave (collectively referred to as “Project”) in the City of San Mateo (“City”); and

WHEREAS, the proposed Project is designated as Mixed‐Use Medium II in the General Plan Land Use Plan, Zoned Central Business District Support (CBD/S) in the Zoning Ordinance, and located within Downtown Area Plan – Gateway Sub Area planning area; and
WHEREAS, in fulfillment of the City’s Below Market Rate requirement pursuant to SMMC Section

27.16.050, the Project is providing ten (10) rental units affordable to very‐low‐income households, of which four are “urban one‐bedroom" units, three are one‐ bedroom units, two are two ‐bedroom units, and one is a thre e‐ bedroom unit . The project is additionally providing ten (10) rental units affordable to moderate income households pursuant to Government Code Section 65915 et. seq; and WHEREAS, the San Mateo Municipal Code (“SMMC”) Section 27.06.050 authorizes the City Council to take final action on Site Plan and Architectural Review for buildings that exceed the height limit in the General Plan ; and

WHEREAS, the Project is exempt from CEQA under Public Resource Code 21080.66, based on the findings listed below; and

WHEREAS, the Project is consistent with the applicable policies of the General Plan 2040 and other applicable policies; and

WHEREAS, the Project is providing 15 percent of the units affordable to very ‐low‐income households, which allows the applicant to request up to three concessions and unlimited waivers from development standards pursuant to Government Code Section 65915(d). The Project does not request any concessions. A list of Project waivers is included as Exhibit B; and

WHEREAS, the Planning Commission held a duly noticed public hearing for the Project on February 10 , 2026, at which time the Commission received and considered written and oral evidence, all public comments were considered, and by a vote of 4‐0, with one commissioner abstaining, recommended that the City Council approve Planning Application No. PA‐2025‐025 for the new development at located 668 E 3rd Avenue.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS AND RESOLVES THAT:

1. The City Council finds on the basis of the whole record before it that the Project will not have a significant effect on the environment and is therefore statutory exempt from the provisions of CEQA under Public Resource Code Section 21080.66 (AB 130), as follows:

a. The Project is consistent with the General Plan land use designa�on and all applicable General Plan policies as well as the applicable zoning designa�on of CBS/S; b. The Project site is located within the City of San Mateo on a Project site less than 20 acres (0.64 acres) that is surrounded by urban uses;
c. The site has been previously developed with an urban use; d. The Project provides 200 dwelling units per acre, which exceeds one ‐half of the Housing Element’s default density threshold of 99 dwelling units per acre for accommodating lower‐ income households.
e. The Project is not located within a coastal zone, prime farmland or farmland of statewide importance, wetland, very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, special flood hazard area, regulatory floodway, l ands identified for conservation in an adopted natural community conservation plan, or h abitat for protected species;
f. The Project does not involve the demolition of a historic structure listed on a national, state, or local register prior to the application submittal;
g. No portion of the P roject is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging;
h. The Project is not located within 500 feet of the freeway; i. The Project completed tribal consultation pursuant to Public Resources Code Section 21080.66(b)(1), with one tribe participating in the consultation process. Appropriate conditions are included in the Conditions of Approval to ensure the avoidance of impacts to cultural resources.

BE IT FURTHER RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA AS FOLLOWS:

General Plan Conformance

1. The Project conforms to applicable policies of the General Plan 2040 Land Use Element. a. Policy LU 1.1 Equitable Development. Prioritize development projects that meet social and economic needs of the economically vulnerable populations to address and reverse the underlying socioeconomic factors in the community that contribute to residential and social segregation in the city. P rovide a range of housing types, sizes, and affordability levels in all San Mateo neighborhoods.
b. Policy LU 3.1 Housing Diversity. Promote safe, attractive, and walkable residential neighborhoods with diverse types and sizes of homes for individuals, families, and households of all income levels.

The Project is consistent with the above Land Use Element policies by providing a diverse set of units ranging from studio to three ‐bedrooms, including 108 market‐rate units and 20 affordable units for (10 for very ‐low income households and 10 for moderate income households) , within one‐half mile of the Downtown San Mateo Caltrain Station. The Project replaces a one‐story commercial building with high ‐quality residential development that incorporates on ‐site amenities and open spaces . It also includes a range of bedroom configurations that suppor t family‐oriented living, including two‐ and three‐bedroom units.

2. The Project conforms to applicable policies of the General Plan 2040 Circulation Element. a. Policy C 3.2 Pedestrian Enhancements with New Development. Require new development projects to provide sidewalks and pedestrian ramps and to repair or replace damaged sidewalks, in addition to right‐of‐way improvements identified in adopted City master plans.

Encourage new developments to include pedestrian ‐oriented design to facilitate pedestrian path of travel.

b. Policy C 4.5 Bicycle Improvements. Require new developments to construct or contribute to improvements that enhance the cyclist experience, including bicycle lanes and bicycle parking.

The Project is consistent with the above Circulation Element policies by providing sidewalks and pedestrian path of travel in accordance with the City’s Pedestrian Master Plan. The Project incorporates street‐level landscaping as well as a public open space with bench seating near the entry of the building. In addition, the Project provides both short ‐term and long‐ term bicycle parking.

3. The Project conforms to applicable policies of Housing Element 2023‐02031. a. Policy H 1.5 Encourage Family Housing. Prioritize creation of housing that addresses the needs of large families, providing greater housing choice. b. Policy H1. 3 Increase Affordable Housing Production. Adopting an updated Density Bonus/Community Benefit Program that provides additional incentives and/or streamlining option for housing projects that provide additional affordable units or the most needed unit types (including those with special needs) beyond minimum State requirements. c. Policy H 1.12 Encourage Development of Missing Middle Housing.

The Project is consistent with the applicable Housing Element policies by providing family ‐sized housing, including units with two ‐ and three ‐bedroom floor plans. The Project increases affordable housing production by providing 20 affordable units for (10 for very ‐low income households and 10 for moderate income households). In addition, the Project includes 128 total units, expanding housing options for a range of household sizes and income levels.

4. The Project conforms to applicable policies of the General Plan 2040 Community Design and Historic Resources Element.
a. Policy CD 3.2 Replacement Planting. Require appropriate replacement planting or payment of an in‐lieu fee when protected trees on public or private property are removed. b. Policy CD 4.3 Tribal Consultation. Consult with Native American representatives, including through early coordination, to identify locations of importance to Native Americans, including archaeological sites, sacred sites, traditional cultural properties, and other types of tribal cultural resources. Respect tribal concerns if a tribe has a religious prohibition against revealing information about specific practices or locations. c. Policy CD 6.7 Public Open Space Design. Seek opportunities to establish public open spaces in new developments and new public buildings, and promote innovative and creative designs to create exceptional, unique, and functional spaces. Require signage that clearly delineates these spaces as publicly accessible.
d. Policy CD 7.3 Multifamily Design. Encourage architectural design of new multifamily developments that enhances a neighborhood’s visual and architectural character by providing context sensitive building and pedestrian ‐scale elements, high ‐quality materials and construction, open space, and resident amenities.

The Project provides in ‐lieu fees for protected trees proposed for removal and includes the installation of replacement trees in accordance with City requirements. Tribal consultation for the Project was completed, and appropriate conditions are included in the Conditions of Approval to ensure the avoidance of impacts to cultural resources. The Project incorporates on ‐site open space areas with amenities, including a ground level entry plaza, private balconies per unit, common open space amenity decks at th e third and eight h stories, a fitness center, common room, and bicycle parking. In addition, the Project proposes a contemporary Mediterranean and Spanish‐inspired architectural style that enhances neighborhood character and includes

pedestrian‐scale elements such as a seating area and landscaping , as well as resident ‐serving amenities.

Downtown Area Plan Conformance

1. In conformance with Policy I.3, the Project proposes a well ‐designed contemporary building influenced by Mediterranean and Spanish Revival styles at an appropriate building scale and massing, which serves as a landmark entrance to the downtown core along 3rd Avenue from east of the railroad corridor. The P roject also integrates sidewalks, street trees, landscaping and a public seating area to further enhance pedestrian activity along 3rd Avenue, Delaware Street, and Eldorado Street.

2. In conformance with Policies II.7 and III.8, the Project includes pedestrian ‐scale improvements through new landscaping, bicycle parking, and street trees consistent with the Street Tree Master Plan.

3. The Project conforms to Policy II.0, Housing in the Retail Core , by creating new housing units within close proximity to the downtown area and Caltrain station.

4. The reduced setbacks, increased building height, and varied stepbacks the Project incorporates are allowed as waiver request s under State Density Bonus Law (California Government Code Section 665915).

Site Plan and Architectural Review (SPAR)

1. The Site Plan and Architectural Review (Municipal Code Section 27.08.030) application and associated Conditions of Approval are approved based on the following findings:

a. The structures, site plan, and landscaping are in scale and harmonious with the character of the neighborhood in that:
i. The design and massing of the proposed buildings are appropriately scaled and compatible with the existing surrounding uses, which include an existing four ‐story multifamily apartment building to the east, a proposed six ‐story mixed use bu ilding to the west, and commercial/office buildings to the south and north. ii. The Project proposes a high ‐quality, contemporary Mediterranean and Spanish ‐ Revival inspired design, incorporating materials and details emblematic of these architectural styles that positively enhance the existing character of the neighborhood and surrounding area.
iii. The Project provides site plan and landscape improvements that contribute to a welcoming and comfortable pedestrian experience, serving as an entry point to Downtown.

b. The development will not be detrimental to the harmonious and orderly growth of the City in that:
i. The Project has voluntarily included 76 off‐ street parking spaces, despite being exempted from minimum parking standards under State law , to accommodate expected demand for residential parking, in addition to implementing Transportation Demand Management measures through the C/CAG checklist. ii. The Project is consistent with the General Plan, Zoning Code, Downtown Area Plan, and the Multi‐Family and Residential Mixed‐Use Objective Design Standards, except where modifications are allowed under the State Density Bonus Law. iii. The Project is in conformance with the Bicycle Master Plan and the Citywide Pedestrian Master Plan.

c. The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare in that:
i. The Project provides additional housing opportunities including affordable housing units and, as conditioned, would not result in any significant impacts to public health, safety, or welfare.
ii. The Project will be constructed in compliance with all applicable building codes, fire codes, and the City’s building security requirements.

d. The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms with the General Plan, and will correct any violations of the zoning ordinance, building code, or other municipal codes that exist on the site, in that:
i. The Project complies with applicable General Plan, Zoning Code, Downtown Area Specific Plan, and Objective Design Standards , subject to approval of the identified waivers under State Density Bonus Law. No violations of the Zoning Ordinance or Building Code were identified on the site. Therefore, the development meets all applicable standards as adopted by the Planning Commission and City Council, conforms with the General Plan and other applicable plans and policies.

e. The development will not adversely affect matters regarding police protection, crime prevention, and security in that the buildings, paths of travel, and parking facilities will be required to conform to the City’s current Security Ordinance through Condit ions of Approval, in that:
i. The Project complies with the City’s Security Ordinance by providing a physical security plan and a site lighting plan through the Conditions of Approval, which are intended to promote crime prevention.

Site Development Planning Application (SDPA)

1. The project grading activities are exempt from the requirements for Site Development Planning Application per San Mateo Municipal Code Section 23.40.030(d)(1), as the excavations below finished grade proposed for this project are for building footings and a baseme nt level parking structure within the footprint of the building. Therefore, the Site Development Planning Application review is limited to the major vegetation removal proposed.

2. All concerns regarding major vegetation removal have been addressed and the Site Development Planning Application ( SMMC Section 23.40.040) and associated Conditions of Approval are approved based on the following findings and factors:
a. Whether the natural landscape and major vegetation is unnecessarily scarred through the proposed grading or removal of vegetation;
i. The Project will not scar the natural landscape or major vegetation as a result of the proposed grading or vegetation removal.
b. The report from the Project Arborist with respect to Protected Trees pursuant to SMMC Chapters 27.71 and 13.40;
i. The Project will result in the removal of nine existing trees, of which four are considered protected trees. The removal of these trees is necessary to accommodate the development of the proposed Project. All trees will be removed and replaced with appropriate landscaping to both enhance the site and create necessary buffers between surrounding properties.
ii. All concerns regarding tree removal on the site have been addressed as conditions of approval requiring conformance to the City's landscape regulations, through the provision of new tree planting as shown on the project plans, and/or through the payment of a fee to the City’s tree planting fund.

EXHIBIT A

CITY OF SAN MATEO PLANNING APPLICATION

CONDITIONS OF APPROVAL
PA-2025-025, GATEWAY

620 E 3RD AVE, SAN MATEO, CA 94401-3305
PARCEL # 034188140

AS APPROVED BY THE CITY COUNCIL ON

The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timin g of required compliance. Types of Building permits include Demolition, Shoring/Excavation, Foundation, and Superstructure.

The following conditions shall be satisfied prior to issuance of a DEMOLITION PERMIT, BUILDING PERMIT FOR SHORING OR FOUNDATION, or SITE DEVELOPMENT PERMIT, whichever is issued first, or prior to the deadline specified in that condition.

Planning Division (PA)

1 APPROVED PLANNING APPLICATION CONFORMANCE – All building permit plans, details, and subsequent construction shall substantially conform with the approved planning application. This includes but is not limited to plans, materials, project description, and other items submitted as part of the approved planning application. Any proposed modifications to the approved planning application shall be reviewed and approved by the Community Development Director, or their designee, prior to construction of the proposed modifications. The Community Development Director, or their designee, shall determine whether the proposed modifications substantially conform with the approved planning application, or whether a planning application modification is required to be submitted to permit the proposed modifications, as required by Municipal Code Section

27.08.080 Modifications. (PLANNING)

2 BELOW MARKET RATE (BMR) AGREEMENT – Prior to the issuance of the building permit and in accordance with Municipal Code Section 27.16.050 and Resolution 131 (2010), the applicant shall enter into and record a BMR Affordability Restriction Agreement to provide BMR unit(s). The BMR unit(s) shall conform to all of the standards in Section VII of the BMR Guidelines as follows:

A. Have exterior design and appearance compatible with and substantially the same as market rate units within the project, including landscaping; B. Be distributed throughout the development project as approved by the City; C. Have similar access to the unit from the exterior as market rate units; D. Contain proportionately the same number of bedrooms as market rate units; E. Generally be of comparable size of similar market rate units;

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F. Have access to all on-site amenities;
G. In phased development projects, be constructed proportionately in each phase; and
H. Interior unit amenities shall be, at minimum, UL or AGA-listed if amenities such as floor covering, appliances, and other fixtures differ from market rate units. The BMR Affordability Restriction Agreement shall be subject to the satisfaction of the Housing Manager, or their designee.

The BMR unit distribution and locations shall be in conformance with the BMR unit exhibit included on Sheet G041 of the project plans, or as modified and approved at the discretion of the Community Development Director, or their designee. (PLANNING)

3 CONDITIONS OF APPROVAL – This complete list of Conditions of Approval shall be reproduced onto the second sheet of all building permit plan sets. (PLANNING)

4 CONSTRUCTION MANAGEMENT PLAN - Prior to issuance of any permits, the applicant shall submit a Construction Management Plan (CMP) for review and approval by the Community Development Director or their designee. The CMP shall be implemented throughout all phases of construction and shall include, at a minimum, the following components:
• Construction timeline (estimated) including major milestones • Construction Phasing Plan
• Project 24-Hour Liaison and Disturbance Coordinator Name and Contact Information
• Construction Sign as required in Pre-Construction Meeting Guide • Construction Hours Acknowledgment and Work Hour Waiver Requirements for Extended Operations (e.g. large concrete pours, crane hoists, etc.) • Winterization Plan (if excavation/grading will occur in wet season) • Documentation of Adjacent Street Condition (when applicable) • Traffic Control and Logistic Plan
• Road or Sidewalk Closure Plan
• Construction Hauling Routes
• Construction Worker Parking Location and Agreements
• Construction Materials and Equipment Staging Plan
• Construction Equipment List including compliance with applicable Air Quality and Emission Regulations
• Erosion and Dust Control Plan
• Vibration Monitoring Plan
• Construction Noise Mitigation Plan

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• Vector Control Plan
A full list of requirements for this document can be found within the construction management plan guide available on the City website. Any modification to the approved CMP throughout the construction process shall be subject to review and approval by the Community Development Director or their designee (PLANNING)

5 EXCAVATED SOILS – The applicant shall submit a compliance letter from San Mateo County Environmental Health Services to the Planning Division subject to the satisfaction of the Community Development Director, or his/her designee. The compliance letter shall indicate that site soils have been tested prior to disposal to confirm that the concentration of constituents present in site soils do not exceed hazardous waste criteria of local, state and federal regulations. If the concentration of constituents in the project site soils exceed hazardous waste criteria, the letter shall also confirm that the soils will be disposed of in accordance with local, state, and federal regulations. (PLANNING)

6 PAYMENT OF OUTSTANDING PLANNING APPLICATION FEES – The applicant shall pay all outstanding planning application fees. (PLANNING)

7 PHASE I ENVIRONMENTAL ASSESSMENT - Pursuant to Government Code Section 21080.66(c)(1)(A), the development proponent shall complete a Phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. a. If a recognized environmental condition is found, the development proponent shall complete a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
b. If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any effects of the release shall be mitigated to levels required by current federal and state statutory and regulatory standards before the local government issues a certificate of occupancy.
c. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to levels required by current federal and state statutory and regulatory standards before the local government issues a certificate of occupancy. (PLANNING)

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8 SACRED LANDS INVENTORY - Prior to issuance of any construction permit, a Sacred Lands Inventory request shall be submitted to the Native American Heritage Commission, at the expense of the project applicant.  (PLANNING)

9 TRIBAL CULTURAL RECORDS SEARCH - Prior to issuance of any construction permit, a California Historical Resources Information System archaeological records search and a tribal cultural records search shall be completed for the project site, at the expense of the project applicant.  (PLANNING)

Building Division (PA)

10 ADDRESS ASSIGNMENT – The applicant shall submit an address assignment application for the proposed project, subject to the review and approval by the Building Division. The Address Assignment Form is available at
https://www.cityofsanmateo.org/DocumentCenter/View/98206/CDD-Address- Assignment-Application-Form (BUILDING)

11 APPLICABLE BUILDING STANDARDS AND LOCAL CODES – All building permit plans shall demonstrate compliance with the applicable California Building Standards Codes and local amendments as adopted by the Building Division at the time of filing the building permit application. (BUILDING)

12 BAAQMD JOB NUMBER – The applicant shall submit an asbestos demolition and renovation notification job number (J#) from Bay Area Air Quality Management District. (BAAQMD). (BUILDING)

13 PRE-CONSTRUCTION CONFERENCE FOR LARGE PROJECTS- A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for the purpose of reviewing Conditions of Approval and construction-site procedures. The applicant shall be represented by his design and construction staffs, which include any sub-contractors.

Departments having conditions of approval for the project will represent the City. This meeting shall be held prior to issuance of the Demolition Permit, Building Permit or Site Development Permit, and shall be satisfied prior to issuance of whichever permit is issued first. (BUILDING)

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14 SITE SURVEY – The applicant shall provide a full site survey stamped and signed by a Land Surveyor licensed by the State of California. The survey shall include, but not be limited to:
location and dimensions of property lines, location of streets and easements, existing buildings, topographic contour lines, trees/landscape, and other structures. (BUILDING)

15 SOILS REPORT AND INVESTIGATION LETTER – The applicant shall submit a stamped, signed, and dated soils investigation report containing design recommendations and integrate recommendations into the plans as-appropriate, to the satisfaction of the Building Official or his/her designee. The applicant shall also submit a letter stamped and signed by the Geotechnical engineer of-record stating the plans and specifications substantially conform to the recommendations in the soil report, subject to the satisfaction of the Building Official or his/her designee. (BUILDING)

Fire Department (PA)

16 FIRE FLOW – The applicant shall provide fire flow information to the Fire Plan Checker, which is subject to the review and approval of the Fire Marshal or his/her designee. (FIRE)

Public Works Department (PA)

17 CHARGES FOR PUBLIC WORKS SERVICES – Prior to plan checking, the applicant shall be required to pay associated fees per the City’s adopted Comprehensive Fee Schedule.

Public Works plan checking of the plans submitted with the building permit plans cannot proceed until the fee is paid. (PUBLIC WORKS)

18 ENCROACHMENT PERMITS, BONDS, AND INSURANCE – For any work within the Public Right of Way or Public Easement, the applicant shall obtain an encroachment permit, posting the required bonds and insurance prior to any work being done. Encroachment Permit fees shall be paid prior to review of the encroachment permit plans and based on the City’s adopted Comprehensive Fee Schedule.. (PUBLIC WORKS)

19 GRADING AND DRAINAGE PLANS – The project plans shall include grading and drainage plans that identify the vertical elevation datum, date of survey, and surveyor. Grading plans shall show existing topo and features at least 20’ beyond the project boundary. Plan shall show existing topography, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. (PUBLIC WORKS)

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20 POLYCHLORINATED BIPHENYLS (PCB) SCREENING ASSESSMENT FORM – As per Stormwater Municipal Regional Permit requirements and San Mateo Municipal Code Chapter 7.39, Demolition Permit Applicants shall complete the PCBs Screening Assessment Form located here: https://www.cityofsanmateo.org/160/Demolition-Requirements The Form shall be reviewed and approved by the Director of Public Works or his/her designee. (PUBLIC WORKS)

21 STORMWATER POLLUTION PREVENTION PERMIT – The applicant shall comply with the Stormwater Pollution Prevention (STOPPP), per SMMC Section 7.39.170. The project plans shall include an erosion and sediment control plan. The first STOPPP inspection shall occur prior to starting any work. The applicant shall pay STOPPP fees in effect at the time of building permit submittal. (PUBLIC WORKS)

22 TIE-BACK AGREEMENT – If the shoring system required to perform the excavation for the project includes tie-backs that encroach into the public right-of-way, the Applicant shall execute and record the City's standard tie-back agreement prior to the issuance of the shoring building permit. (PUBLIC WORKS)

CDD Arborist (PA)

23 LANDSCAPE UNIT IN LIEU FEES - Prior to the issuance of any building permit, the applicant shall pay in-lieu fees for existing trees to be removed as evaluated in the Tree Evaluation Schedule and Required Tree Planting form during the planning application.

Existing trees to be removed shall be replaced on-site, or a fee shall be paid in lieu of planting trees at the rate established in the City’s adopted Comprehensive Fee Schedule. (CDD Arborist)

24 STREET TREES – The landscape plans shall specify installation of street trees in accordance with the City of San Mateo Street Tree Master Plan. In accordance with Municipal Code Section 27.71.120, street trees shall be planted at a spacing not to exceed thirty (30) feet except to allow for utilities, street furnishings, driveways, or other features necessary to ensure public safety, as approved by the City Arborist.

24-inch box shall be the minimum size for street trees planted along public streets and shall include tree grates and root barriers as specified by the City Standard Drawings 3-1- 847 and 3-1-933.

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The landscape plans shall be subject to the review and approval of the Community Development Director or their designee. (CDD ARBORIST)

The following conditions shall be satisfied prior to issuance of a BUILDING PERMIT FOR THE SUPERSTRUCTURE.

Planning Division (PA)

25 CHILD CARE DEVELOPMENT FEE – (use for projects with new dwelling units and/or new commercial floor area) The applicant shall pay a Child Care Development Fee subject to the rate established in the City’s adopted Comprehensive Fee Schedule. (PLANNING)

26 EXTERIOR ACOUSTICAL ANALYSIS - In compliance with General Plan Policy N 1.3, the applicant shall provide an acoustical analysis prepared by a qualified acoustical consultant for new multifamily common open space for residents that have an exterior noise level of 60 dBA (Ldn) or above, as shown on Figure N-2 of the General Plan. The applicant shall incorporate necessary mitigation measures into residential project design to minimize common open space noise levels. Maximum exterior noise should not exceed 65 dBA (Ldn) for residential uses.(PLANNING)

27 INTERIOR ACOUSTICAL ANALYSIS - In compliance with General Plan Policy N 1.2, the applicant shall provide an acoustical analysis prepared by a qualified acoustical consultant which shall contain recommendations to ensure the building’s interior noise levels comply with the levels established in the General Plan or Building Code, whichever is more restrictive, subject to the satisfaction of the Community Development Director, or his/her designee. (PLANNING)

28 LOCATION AND SCREENING OF ABOVE GROUND UTILITIES AND EQUIPMENT – All screening for any ground-level utilities, equipment, and other project related operational/utility devices shall be shown on the building permit plans in substantial conformance with the approved planning application. All above ground utilities and equipment shall be screened with landscaping, fencing, and/or other solid materials to the satisfaction of the Community Development Director, or their designee. (PLANNING)

29 MECHANICAL VENTILATION – All exterior mechanical ventilation designs for subterranean garages shall be shown on the building permit plans in substantial conformance with the approved planning application. All mechanical ventilation shall be incorporated into the

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building design or landscaped areas and be screened to the satisfaction of the Community Development Director, or their designee. (PLANNING)

30 SCREENING OF ROOFTOP MECHANICAL EQUIPMENT – All rooftop mechanical equipment shall be shown on the building permit plans in substantial conformance with the approved planning application. All equipment shall be painted and/or screened by a solid enclosure or parapet wall with materials compatible with the building design subject to the satisfaction of the Community Development Director, or their designee. (PLANNING)

31 SIGNAGE – Preliminary signage shown in the approved planning application plans are for information only. Final signage shall be reviewed and approved in accordance with Title 25 of the Municipal Code. (PLANNING)

Building Division (PA)

32 CALGREEN – The building permit plans shall incorporate the applicable CALGreen Checklist noting the green building measures the project will incorporate in accordance with the California Green Building Standards Code and City of San Mateo Reach Codes subject to the review and approval by the Building Official, or his/her designee. Current City of San Mateo CALGreen checklists are located on Building Division webpage or will be provided by Community Development Department staff, if requested. (BUILDING)

33 WATER CONSERVATION IN LANDSCAPING – The applicant shall submit a completed Water Conservation in Landscaping Screening Form. If the screening form indicates the project is subject to the Water Conservation in Landscaping Ordinance pursuant to Municipal Code Section 23.72.030, additional documentation prescribed by the screening form shall also be included with the site plan. City of San Mateo Water Conservation in Landscaping forms are located on Building Division webpage. The applicant shall submit the required landscape documentation package with building permit application subject to the review and satisfaction of the Building Official, or his/her designee. (BUILDING)

Fire Department (PA)

34 CODE CONFORMANCE – The applicant shall indicate on all building permit plans that all construction shall meet current code standards at the time of building permit submittal.

The building permit plans are subject to review and approval by the Fire Marshal or his/her designee. (FIRE)

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35 FIRE CONTROL ROOM – The plans shall show a fire control room with direct access from the exterior of the building subject to the requirements listed in the Fire Department’s local Ordinance and subject to the review and approval of the Fire Marshal or his/her designee. (FIRE)

36 FIRE DEPARTMENT SUBMITTALS – The applicant shall submit all plans involving fire systems (including but not limited to fire sprinklers, fire hydrants, and fire alarms) in conjunction with the superstructure building permit plans to the Fire Department. The plans are subject to review and approval by the Fire Marshal or his/her designee. (FIRE)

37 REMOTE POWER DISCONNECT – The plans shall show a key switch/shunt trip to disconnect the building electrical power and/or solar photovoltaic system by Fire Department personnel. The key switch/shunt trip location(s) shall be subject to the review and approval of the Fire Marshal or his/her designee. (FIRE)

Parks and Recreation Department (PA)

38 PARK IN-LIEU/IMPACT FEES – The applicant shall pay a Park Impact fee SMMC (13.05.070) or a fee in-lieu of dedicating lands for park and recreation purposes (park In-Lieu fee (SMMC 26.64). The final fee shall be determined by applying factors per dwelling structure type as outlined in the City’s adopted Comprehensive Fee Schedule. [PARKS].

Police Department (PA)

39 PUBLIC SAFETY COMMUNICATIONS FOR TALL BUILDINGS – The building permit plans for the superstructure shall show compliance with Security Code SMMC “23.54.020 CITY COMMUNICATION SYSTEMS – HIGH RISE BUILDINGS”, by providing for the following allowances for the placement of emergency communications equipment on the building permit plans:

A. Enough enclosed space for the equivalent of one dedicated server rack in a locked server room that is clean, dry, and well-ventilated (this does not need to be a fire control room);
B. One 4” conduit from the designated server rack through the roof. The conduit shall be provided with wide radius bends, a weatherhead on the roof, and a pull string and ring;

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C. Authorization to mount antennas on the roof. The maximum allowable distance from the designated server rack to the antenna mounting location shall be 100 feet;
D. One 20 amp, 120 VAC dedicated electrical circuit on the building's emergency generator. An uninterruptable power supply (UPS) may be installed by the City if the building is not provided with an emergency generator; E. 12 copper cable pairs to the building's main telephone terminal; and, F. Ground buss bar bonded to the building grounding system.

This requirement is in addition to the requirement of the California Fire Code to supply a functional emergency responder radio coverage system. (POLICE)

40 RESIDENTIAL PARKING GARAGE SECURITY – The building permit plans for the superstructure shall show:

A. Restricted access to the parking garage with electrically operated closures to allow passage of motor vehicles at all times. The closures, whether overhead, sliding or swinging shall be provided with reopening devices which will function to stop and reopen the closure in case the closure is obstructed when closing. Openings into the garage which are not for vehicular or human passage shall be provided with security grilles or screens.

B. Digital keypads shall be provided to allow for entry by services and emergency services vehicles into the garages at all times. Exterior doors or gates providing access into the secure areas of the parking garage shall remain locked at all times, and shall only be accessible through the use of keys, key fob or remote keyless entry system devices furnished to the building residents. Pedestrian access points exiting out of garage shall also be accessible through the use of keys furnished to the building residents and shall be equipped with self-closing devices. All storage, maintenance, and trash rooms within parking garages shall have doors which cannot be locked from the inside, and that close and lock quickly and automatically upon exit.

C. Parking spaces shall not be numbered to coincide with interior unit numbers.

D. Lighting in the parking garage shall be in conformance with the Security Ordinance as it applies to SITE LIGHTING. No dark areas shall exist inside the parking garage (POLICE)

41 SECURED BUILDING ACCESS BY EMERGENCY PERSONNEL – The building permit plans for the superstructure shall show the detailed specifications for and the installation of telephone entry pads (TEPs) and/or wireless “click to enter” systems at the main exterior

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building entrance(s) and parking garage entrance(s) for secured buildings. These access systems must allow emergency personnel to access all levels of the interior of the building.

The access systems must also be installed at exterior gate locations that lead to secured areas of the site, such as interior courtyards. Access system placement location is subject to the review and approval of the Chief of Police or his/her designee, prior to the approval of the first building permit for the project. Police access codes shall be as provided by the Chief of Police or his/her designee at the time of installation. (POLICE)

Public Works Department (PA)

42 DEDICATIONS – The applicant or owner shall dedicate a 4.5 foot wide strip of land along the frontage of Delaware Street for pedestrian access purposes. (PUBLIC WORKS)

43 DRAINAGE – The building permit plans show drainage designed into landscaping with the purpose of reducing volume or improving quality of runoff from the site shall be implemented, to the extent feasible, subject to the approval of the Director of Public Works or designee. Where necessary, sidewalk drains per City Standard Drawings shall be provided to direct the water under the sidewalk and through the curb. No increase to the peak discharge shall be permitted downstream. In addition, discharge shall conform to any non point source permit issued by the Regional Water Quality Control Board. Drainage improvements made on-site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City for review and approval with the project civil plans submitted as part of the building permit for the superstructure. Projects that include permanent structural controls for stormwater treatment, shall comply with requirements of Section C.3 of the Municipal Regional Stormwater Permit for San Mateo County (MRP). The O&M (operation and maintenance) procedures for such control features shall be submitted for review and approval prior to occupancy and specify the owner’s responsibility to ensure their ongoing effective operation and maintenance. Such O&M responsibility requirements shall be recorded with the County of San Mateo Recorder’s Office. The building permit plans for the superstructure shall show drainage. (PUBLIC WORKS)

44 GARBAGE/RECYCLE/COMPOSTING STORAGE AND SERVICE – The applicant shall provide an adequate area for the purposes of storing garbage, recycling, composting collection containers for scheduled servicing by the franchise solid waste collection service. The containers shall be placed at the service location allowing enough room for the truck to

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safely approach the containers. The collection containers shall be brought to the service area and returned to the storage enclosure by the property owner. The containers are not to be in public view or in the public right-of-way prior to, or beyond the scheduled service times. An approved letter from the City’s franchise solid waste collection service provider stating that service is available to the project as designed has been received. Any revisions made to the approved letter shall be reflected in the building permit plans. The building permit plans for the superstructure shall show garbage and recycling areas. (PUBLIC WORKS)

45 INITIAL STORM AND SANITARY SEWER ASSESSMENT – The applicant shall perform an initial inspection (via remote TV camera) of the mainline storm and sanitary sewer from the nearest upstream structure to the nearest downstream structure of the project’s point of connections. During the initial inspection, any damage must be reported to the Department of Public Works. The applicant shall perform the same inspection once construction is completed. Damage in result of this project’s construction shall be repaired by the applicant at their expense. (PUBLIC WORKS)

46 PARKING STALLS OR LOTS – The building permit plans for the superstructure shall include all required off street parking stalls or lots, showing proper grading, drainage, ramps profile, and parking dimensions in conformance with City parking standards. Drainage should be directed to adjacent landscaping wherever possible. (PUBLIC WORKS)

47 PERMANENT STRUCTURES – The applicant shall not locate any foundations, fences, walls, stairs, railings, ramps, or other permanent structures within the City right-of-way. (PUBLIC WORKS)

48 PUBLIC IMPROVEMENTS – An Encroachment Permit shall be required for all public improvements in the public right-of-way or easements. All public improvements shall be completed prior to the Certificate of Occupancy.

The developer shall repair or replace all existing improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Public Works Construction Inspector before the start of construction to verify existing conditions.

The applicant shall have improvement plans prepared for all work in the public right of way or easements by a licensed civil engineer, whose signed engineer’s stamp shall appear

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on the plans. The improvement plans shall be included in the superstructure building permit submittal and substantially conform to the approved planning application. Any changes to the improvements shall be approved by the Director of Public Works or designee at their sole discretion. All design assumptions and criteria shall be submitted.

Project specifications shall be included for review. All work shown on the improvement plans shall be inspected and approved by Public Works.

The building permit plans for the superstructure shall show the following public improvements in the public right of way:
a. STREET MARKINGS – The applicant shall install necessary street markings of a material and design approved by the Director of Public Works or designee and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs and handicap markings. All permanent pavement markings shall be thermoplastic. Color and location of painted curbs shall be shown on the plans and subject to approval by the Director of Public Works or designee. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, sand blasting if in paint. Once installed, the applicant shall coordinate with City crews to mark any red curb within the proposed City right-of-way with a City seal.

b. SIDEWALK – The applicant shall replace all sidewalk fronting the project site with A.5. Sidewalk Standards – Residential Type C New Development from the City’s Pedestrian Master Plan. Sidewalk replacement shall be constructed per current City Standard. Sidewalks fronting the project property must comply to Americans with Disabilities Act (ADA) standards.

c. CURB RAMPS – The applicant shall construct curb ramp(s) in accordance with CalTrans Standard Plan A88A at Delaware Street & 3rd Avenue and Eldorado Street & 3rd Avenue. The actual ramp "Case" shall be identified on the plans and shall be approved by the Director of Public Works or designee or designee.

d. CURB AND GUTTER – The applicant shall replace to existing City standards all curb and gutter fronting the project site and as required for restoration purposes. New curb and gutter shall be constructed per current City Standard, or as otherwise shown on the approved plan set.

e. VALLEY GUTTER – The applicant shall remove and replace to existing City standards any valley gutter that is damaged now or during construction of this project. New valley gutter shall be constructed per current City Standard. Doweling shall be provided, to prevent vertical deflection, into any abutting curb and gutter sections.

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f. DRIVEWAY APPROACH – The applicant shall install City Standard (Commercial or Residential) driveway approach(es) as shown on the approved plans.

g. SEWER LATERAL – The applicant shall install as a minimum a six (6) inch City Standard sewer lateral connection from the property line to the sewer main located in the street right of way. The installation shall be done in accordance with City Standard Drawings.

h. SANITARY SEWER MANHOLES – The applicant shall install standard sanitary sewer manholes on Delaware Street, per approved plans and in accordance with City Standard Drawings.

i. STORM MANHOLES – The applicant shall install standard storm manholes on Delaware Street, per approved plans and in accordance with City Standard Drawings.

j. STORM WATER CATCH BASIN(S) – Where applicable, the applicant shall install standard storm water catch basins, per approved plans and in accordance with City Standard Drawings.

k. SIDEWALK UNDERDRAIN(S) – Where applicable, the applicant shall install standard sidewalk underdrains in accordance with City Standard Drawings.

l. GREEN INFRASTRUCTURE – In accordance with SMMC Chapter 7.39, the applicant shall install and maintain green infrastructure (GI) improvements. The improvements shall be in accordance with the guidance and specifications provided by San Mateo Countywide Water Pollution Prevention Program or City of San Mateo GI Plan design and shall be approved by the Director of Public Works or designee or designee. Drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed Engineer’s stamp shall appear on the calculations sheets, and shall be submitted to the City for review and approval with the project superstructure plans. GI improvements shall be maintained by the adjacent property owner and included in the stormwater treatment O&M (operation and maintenance) agreement that is recorded with the County of San Mateo Recorder’s Office. (PUBLIC WORKS)

Applicant shall provide green infrastructure to the maximum extent as determined by the Public Works Director or designee at their sole direction, to treat storm water runoff from

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frontage and public ROW. Sizing and design shall conform to San Mateo Countywide Water Pollution Prevention Program City of San Mateo GI Plan design templates and technical guidance and be approved by the Director. Single family homes that are not part of a subdivision may be exempt. Frontages on State ROW are also excluded.

m. TRAFFIC SIGNAL INFRASTRUCTURE – The applicant shall be responsible for updating the traffic signal at the easterly corner of the Delaware Street & 3rd Avenue intersection to the latest standards and requirements. The applicant shall submit all necessary traffic signal design plans, including pole and conductor schedules where necessary, to the Director of Public Works or designee for review and approval as part of the Building Permit for the Superstructure. The plans shall show all traffic signal equipment upgrades for the traffic signal at the easterly corner of the Delaware Street & 3rd Avenue intersection to comply with latest California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans, and City standards requirements. Improvements shall include, but are not limited to accessible pedestrian signals (APS) and pushbuttons (PPB), emergency vehicle preemption signal equipment, video detection equipment, 12” LED signal diodes, intersection PTZ camera, signal head backplates, internally illuminated street name signs, traffic signal interconnect or fiber optic communications. APS upgrades shall be installed on all corners of the Delaware Street & 3rd Avenue intersection.

During construction, the applicant shall provide equipment submittals, signal timing and/or configuration changes, and testing documentation to the Director of Public Works or designee or designee for review and approval prior to installation.

The developer shall be responsible for development and implementation of any new required signal timing. Where traffic signals within the City of San Mateo right-of-way are owned by other agencies, the developer shall be responsible for obtaining all necessary approvals and permits and pay all fees associated with bringing the traffic signal up to latest standards and requirements.

n. STREET LIGHT(S) AND INFRASTRUCTURE – The applicant shall furnish and install necessary infrastructure in accordance with a photometric analysis prepared as part of the superstructure permit. The streetlight and electrical plans shall show all electrical conduits, pull boxes, service connections, fuse holders, bus fuses and all other electrical components necessary to construct the improvements. The plans shall be submitted as part of the Building Permit for the Superstructure.

(PUBLIC WORKS)

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49 SEPARATE WATER METERS – When a development includes multiple uses, there shall be a separate water meter for each development use. The building permit plans for the superstructure shall show the separate water meters. (PUBLIC WORKS)

50 STORM DRAIN INLETS AND WATERWAYS – The building permit plans shall show the marking of the words “No Dumping! Flows to Bay,” or equivalent, on all storm inlets surrounding and within the project site using methods approved by the City standards, consistent with the San Mateo Countywide Water Pollution Prevention Program’s C.3 requirements (PUBLIC WORKS)

51 TRANSPORTATION IMPROVEMENT FEE – The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of San Mateo, as established by San Mateo Municipal Code Chapter 27.13.

The fee shall be collected by the Public Works Department and paid prior to issuance of the first superstructure building permit. The fee shall be based on the City’s adopted Comprehensive Fee Schedule. . (PUBLIC WORKS)

52 TRASH CAPTURE DEVICES – The building permits shall show installation of trash capture devices in storm drain systems that lead directly to the off-site storm drain system or outfall. Devices shall be approved by the Director of Public Works or designee or designee.

Trash capture devices are required on site consistent with the State Water Resources Control Board definition of Full Capture System. All on-site trash capture devices shall be cleaned routinely and maintained by the Owner per the Stormwater Treatment Facilities Maintenance Agreement. The building permit plans for the superstructure shall show trash capture devices. (PUBLIC WORKS)

53 TRIANGULAR AREA OF VISIBILITY – Per the approved plan set, the building permit plans for the superstructure shall show 6' red curb on both sides of the driveway. The building permit plans for the superstructure shall show that the installation of landscaping and permanent structures located within the 25’ triangular area of visibility at any project corner meets the requirements of a minimum vertical clearance of 7', and/or are less than 3' in height. This includes all PG&E above ground structures and other utility facilities. (PUBLIC WORKS)

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54 UNDERGROUND (OR COVERED) PARKING GARAGE DRAINAGE – The building permit plans for the superstructure shall show that water from the underground (or covered) parking garage shall not be discharged onto the public street. The applicant shall direct discharge from covered or underground garage to the City's sanitary sewer system. Stormwater runoff from the roof or other exposed areas of the project shall not discharge to these garage drains. The design shall be done by a licensed Civil Engineer who shall provide hydraulic calculations and drawings subject to the approval of the Director of Public Works or designee. (PUBLIC WORKS)

55 UNDERGROUND UTILITY SERVICES – The building permit plans for the superstructure shall show the installation of all new, and upgraded, utility services, including telephone, electric power, and other communications lines underground to the building in accordance with City of San Mateo Municipal Code 26.32.020. Transformers and switch gear cabinets shall be placed in accordance with the approved plan set. (PUBLIC WORKS)

56 UTILITIES – Utility plans shall be submitted as part of the building permit plans for the superstructure and shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both existing and proposed public and private utilities.

The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures.

Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids.

Developer is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, developer shall obtain an encroachment permit and submit a pothole plan for City review and approval. Developer shall provide the pothole results to the Director of Public Works or designee or designee prior to final design. Any utility conflicts shall be the responsibility of the developer to rectify. (PUBLIC WORKS)

57 WASTEWATER CAPACITY CHARGE – A wastewater capacity charge, as established by San Mateo Municipal Code Chapter 7.38.065, is imposed on all new development to recover a

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proportionate share of costs for existing and future wastewater system facilities and assets from new or expanded connections to City wastewater systems. The applicable wastewater capacity charge is determined by use, wastewater flow, and wastewater strength loadings and the amount shall be established by City Council resolution. The fee shall be collected by the Public Works Department and paid prior to issuance of the first superstructure building permit. The fee shall be based on the City’s adopted Comprehensive Fee Schedule. (PUBLIC WORKS)

58 WILL SERVE LETTER FOR WATER – A Will Serve Letter from the water company shall be supplied to the Director of Public Works or designee. (PUBLIC WORKS)

The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first.

Planning Division (PA)

59 ACOUSTICAL COMPLIANCE LETTER – The applicant shall submit an acoustical compliance letter to the Project Planner written and signed by the project acoustical consultant indicating all recommendations incorporated into the project to reach compliance with the noise limits listed in Tables N-1 of the Noise Element and in compliance with Policies N1.2 and N 1.3 of the General Plan. This letter shall be submitted prior to scheduling the Planning Final Inspection. (PLANNING)

60 ART IN PUBLIC PLACES – The applicant shall meet all requirements of SMMC Section 23.60 for art in public places by providing artwork approved by the Civic Arts Commission in a manner satisfactory to the Community Development Director, and/or by paying an in lieu fee to the Art in Public Places Fund as described in SMMC Section 23.60.060. (PLANNING)

61 LANDSCAPE VERIFICATION LETTER – The applicant shall submit a landscape verification letter to the Project Planner written, signed, and stamped by the project landscape architect indicating that all on-site and off-site landscape improvements (including on-site trees, street trees, shrubs, and irrigation systems) have been installed in compliance with the approved landscape plans. This letter shall be submitted prior to scheduling the Planning Final Inspection. (PLANNING)

62 PLANNING FINAL INSPECTION – Upon completion of all construction and landscaping, the applicant shall request the Project Planner conduct a Planning Final inspection for

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verification of compliance with all outstanding conditions of approval. The applicant shall contact the Project Planner to schedule each inspection a minimum of 72 hours in advance of the requested inspection. (PLANNING)

Fire Department (PA)

63 EMERGENCY RESPONDER RADIO COVERAGE – An Emergency Responder Radio Coverage system may be required for this project. Testing shall occur during construction due to circuit protection requirements that will affect building design. The applicant shall provide a third-party testing grid report to the Fire Department subject to the review and approval by the Fire Marshal or his/her designee prior to the Fire Final Inspection. (FIRE)

64 FIRE HYDRANTS – The applicant shall install the approved number of public/private fire hydrant(s) spaced as per the Fire Department’s local Ordinance. All fire hydrants used for fire flow for the project site shall be upgraded to a Clow model 960 or equivalent consisting of (2) 2-½ inch and (1) 4-½ inch outlets. Each hydrant shall be capable of providing a minimum fire flow of 1500 gpm at 20 psi residual pressure. Water supply for fire protection is required to be installed in accordance with water purveyor’s specifications. The water supply shall be tested, flushed and approved operable prior to any combustible construction materials being placed on the site. Staged construction shall ensure that the necessary water supply is maintained from stage to stage in the construction planning. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection. (FIRE)

Public Works Department (PA)

65 RECORD DRAWINGS – The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the as-builts in PDF and the AutoCAD Version being used by the City at the time of completion of the work. (PUBLIC WORKS)

66 RESTORATION OF ROADWAY – Due to the anticipated project’s truck traffic, the applicant shall grind and overlay with 2 inches of asphalt concrete of the roadways anticipated to be damaged as a result of construction activities within the general area of the project or along the designated haul route. If the street abutting the property has been classified as being in a failed condition or a Pavement Condition Index (PCI) of 50 or below, the

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applicant shall reconstruct the street. Limits of the roadway repair shall be subject to the review and approval of the Director of Public Works or designee. (PUBLIC WORKS)

67 STORM WATER TREATMENT FACILITIES MAINTENANCE AGREEMENT – The applicant shall execute a maintenance agreement with the City’s Director of Public Works or designee as specified in San Mateo Municipal Code Chapter 7.39 of the Stormwater Management and Discharge Control ordinance and the San Mateo Countywide Water Pollution Prevention Program C.3 Program Technical Guidance. The agreement shall outline the continuous operation and maintenance (O&M) plan for the permanent storm water treatment facilities including irrigation and landscape maintenance of Green Infrastructure elements constructed in the public right-of-way and shall be recorded with the County Recorder’s Office. This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS)

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

The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT.

Planning Division (PA)

69 CONSTRUCTION MANAGEMENT PLAN COMPLIANCE - The applicant shall implement and remain in full compliance with the approved Construction Management Plan throughout all phases of construction. All construction activities shall be conducted in a manner consistent with the approved plan. Any deviation from, or modification to the approved Construction Management Plan shall require prior review and approval by the Community Development Director or their designee. Consistent with the requirements of the CMP, construction disturbances reports shall be submitted monthly to provide timely updates on project impacts.

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Violations of any portion of the approved Construction Management Plan or other applicable construction management requirement may result in the issuance of a “Stop Work Order”. (PLANNING)

70 FRAME/PLANNING ROUGH INSPECTION – Upon completion of all framing and prior to the installation of exterior sheathing and windows, the applicant shall request the Project Planner conduct a Rough Frame inspection to verify items including, but not limited to, window locations, window sizes, and massing. The applicant shall contact the Project Planner to schedule each inspection a minimum of 72 hours in advance of the requested inspection. (PLANNING)

71 PALEONTOLOGICAL RESOURCES – In the event of the discovery of paleontological resources (fossils) whether on-site or in the public right-of-way, the applicant shall halt all construction activities within 50 feet of the discovery, notify the Planning Manager and/or Project Planner, and retain a qualified paleontologist to determine the significance of the discovery. The paleontologist shall evaluate the uniqueness of the find, prepare a written report documenting the find and recommending further courses of action, and submit a summary of findings to the Project Planner. The applicant shall incorporate the recommendations of the paleontologist when continuing construction. (PLANNING)

Building Division (PA)

72 CONSTRUCTION WORK HOURS – Construction shall occur only between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, between 9:00 a.m. and 5:00 p.m. on Saturday, and between 12:00 noon and 4:00 p.m. on Sundays and holidays. These hours do not apply to construction that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level as measured 10 feet from the exterior property lines. The applicant shall conform to the construction work hours to control traffic congestion, noise, and dust unless an exemption is granted in accordance with Municipal Code Section 23.06.061. (BUILDING)

Fire Department (PA)

73 ADDRESS NUMBERS – The applicant shall post temporary address numbers on each building at the project site that must be easily visible from the street or fire access road. (FIRE)

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74 BARRICADES ACROSS EMERGENCY ACCESS ROADS – Prior to the installation or use of barricades, fences, or gates across emergency vehicle access roads during construction, the applicant submit plans to the Fire Plan Checker subject to the review and approval of the Fire Marshal or his/her designee. (FIRE)

75 DEMOLITION – The applicant shall comply with the California Fire Code Chapter 33 during all phases of construction of the project. (FIRE)

76 EGRESS – The applicant shall maintain required egress for all adjacent buildings/properties. (FIRE)

77 STANDPIPES – For projects that require standpipes by California Fire Code Section 905.3.1, the applicant shall provide not less than one standpipe for use during construction or demolition. (FIRE)

Public Works Department (PA)

78 ARCHITECTURAL COPPER – Per the San Mateo Countywide Water Pollution Prevention Program’s requirements, the applicant shall follow the specific best management practices for the installation of the Architectural Copper. For detailed information please distribute the flyer to all construction personnel involved in the fabrication and installation of the Architectural Copper that is located at: https://www.flowstobay.org/preventing- stormwater-pollution/with-new-redevelopment/construction-best-practices/ (PUBLIC

WORKS/BUILDING)

79 BEST MANAGEMENT PRACTICES (BMP) – The applicant shall perform all construction activities in accordance with the City’s Storm Water Management and Discharge Control Rules and Regulations (SMMC 7.39), and the San Mateo Countywide Water Pollution Prevention Plan (SMCWPPP) by reference. Detailed information can be located at:
https://www.flowstobay.org/preventing-stormwater-pollution/with-new- redevelopment/construction-best-practices/ (PUBLIC WORKS)

80 CONSTRUCTION WORKER PARKING – The applicant shall provide a construction-parking plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be

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utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Director of Public Works or designee prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. (PUBLIC WORKS)

81 GROUND WATER DISCHARGE – In accordance with the Director of Public Works Groundwater Discharge Policy, discharge of contaminated groundwater to the sanitary sewer is only allowed on a temporary basis and will not be permitted for a period greater than 6 months. Discharges for longer than 6 months shall obtain an NPDES permit from the State Water Board to discharge to the storm drain system. Discharge of uncontaminated groundwater to the storm drain is permissible if the applicant can provide analytical data to support the claim. No discharge to the storm drain shall be allowed without prior approval from the Public Works Department. All discharges to the sanitary sewer (contaminated and uncontaminated) require a Waste Discharge Permit and shall comply with the City’s discharge limits. (PUBLIC WORKS)

82 HOLIDAY CONSTRUCTION MORATORIUM – Due to concerns for businesses within the vicinity of Hillsdale Mall and within the Downtown area during the holiday season (Monday prior to Thanksgiving to January 1), there shall be no construction activities within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the Director of Public Works or designee. Exceptions to this condition shall be made in writing to the Public Works Director or designee. For Hillsdale Shopping Center, the construction prohibition streets shall include Hillsdale Boulevard between U.S. 101 and SR 92, 31st Avenue between El Camino Real and Hacienda Street, and Edison Street and Hacienda Street in the vicinity of the shopping center. For purposes of this condition, the limits of the Downtown area shall be defined as: between El Camino Real on the west and Delaware Street on the east, Tilton Avenue on the north, and Fifth Avenue on the south.

The prohibition shall also include the 3rd and 4th Avenue corridors between Delaware Street and U.S. 101. (PUBLIC WORKS)

83 MATERIAL HAULING – For material delivery vehicles equal to, or larger than two-axle, six- tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route that conforms to SMMC Section 11.28.040 for the approval of the Director of Public Works or designee. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project shall be approved by the Director of Public Works or designee.

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A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. Entry and exit from the site will use rock or rumble strips to prevent tracking.

The applicant shall provide an approved method of cleaning tires and trimming loads on site. Any job related dirt and/or debris that impacts the public right of way shall be removed immediately. No wash down of dirt into storm drains will be allowed. Use of a sweeper is permissible as long as it operates dry (no water used, only vacuum). All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Violation of such may be cause for suspension of work. (PUBLIC WORKS)

84 PUBLIC WORKS CONSTRUCTION ACTIVITIES – The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction:

(A) Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m. Please note, however, that no work shall be allowed to take place within the City right-of-way after 5:00 p.m. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works.

Earth haul and materials delivery to and from the site, including truck arrivals and departures to and from the site, will be prohibited between the weekday hours of 4:00 p.m. 5:30 p.m. Signs outlining these restrictions shall be posted at conspicuous locations on site. The signs shall be per the City Standard Drawing for posting construction hours.

The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation.

The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the Director of Public Works or designee finds that:

(i) The following criteria are met:

(a) Permitting extended hours of construction will decrease the total time needed to

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complete the project thus mitigating the total amount of noise associated with the project as a whole; or

(b) Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the Director of Public Works or designee.

(c) An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below.

(ii) The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts.

(iii) The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification shall be provided three days prior to the start of the extended construction activity.

(iv) The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.

The Director of Public Works or designee may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application shall be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver.

(B) All construction vehicles shall be properly maintained and equipped with exhaust mufflers that meet State standards.

(C) Newly disturbed soil surfaces shall be watered down regularly by a water trucks or by other approved method maintained on site during all grading operations. Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems. Wash down of dirt and debris into storm drain systems will not be allowed.

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(D) Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation, if and when practical.

(E) All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.

(F) Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the Director of Public Works or designee, for any lane or sidewalk closures. The detour plan shall comply with Part 6, Temporary Traffic Control, of the State of California Manual of Uniform Traffic Control Devices (MUTCD), 2012, and standard construction practices. (PUBLIC WORKS)

The following conditions shall be complied with AT ALL TIMES that the project permitted by this planning application occupies the premises.

Planning Division (PA)

85 APPROVED PLANNING APPLICATION CONFORMANCE AT ALL TIMES – All physical improvements, uses, and operational requirements authorized by the approved planning application shall, at all times that the use permitted by this planning application occupies the premises, substantially conform with the approved planning application. This includes but is not limited to plans, materials, project description, and other items submitted as part of the approved planning application. Any proposed modifications to the approved planning application shall be reviewed and approved by the Community Development Director, or his/her designee, prior to construction of the proposed modifications. The Community Development Director, or his/her designee shall determine whether the proposed modifications substantially conform with the approved planning application, or whether a planning application modification is required to be submitted to permit the proposed modifications, as required by Municipal Code Section 27.08.080 Modifications. (PLANNING)

86 COMPLIANCE WITH REGULATIONS FOR DISCOVERY OF HUMAN REMAINS - The project shall comply with Section 7050.5 of the Health and Safety Code and Public Resources Code Section 5097.98, including immediate work stoppage upon discovery of human remains or burial grounds, and treatment in accordance with applicable law and in consultation with the affected California Native American tribe.  (PLANNING)

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87 DOCUMENTATION OF TRIBAL CULTURAL RESOURCES - All treatment and documentation of tribal cultural resources shall be conducted in a culturally appropriate manner, as required by AB130  (PLANNING)

88 GENERAL PLAN COMPLIANCE – Unless otherwise approved through the entitlement process, the project shall be designed, constructed, and operated in a manner that is consistent with all applicable goals, policies, land use designations, and development standards of the City’s adopted General Plan 2040. (PLANNING)

89 LABOR CODE - The provisions of Section 218.8 of the Labor Code shall extend to the development proponent in addition to the direct contractor or subcontractor. The development proponent for this project is Prometheus Real Estate Group, Inc. (PLANNING)

90 LABOR STANDARDS - The labor standards of paragraph (8) of subdivision (a) of Section 65913.4 of the Government Code shall apply to buildings over 85 feet in height above grade.   (PLANNING)

91 TRIBAL CULTURAL RESOURCES - Tribal cultural resources shall be avoided where feasible, in accordance with subdivision (a) of Public Resources Code Section 21084.3. In furtherance of this requirement, where feasible, the project applicant shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use of tribal cultural resources and landscapes.  (PLANNING)

92 TRIBAL ECOLOGICAL KNOWLEDGE - An application of tribal ecological knowledge into any habitat restoration efforts shall be undertaken by the project proponent as applicable to the specific environmental context and conditions of the project.  (PLANNING)

93 TRIBAL MONITOR - The project shall include tribal monitoring during all ground-disturbing activities, as follows:
a. One monitor as designated by the Muwekma Oholone Tribe shall be present during all ground-disturbing activities and for all mechanical ground- disturbing/subsurface excavations that have the potential to affect native soils that could potentially contain Tribal cultural deposits within the entire construction project area, including off-site related improvements.

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b. The tribal monitor shall comply with applicant’s site access and workplace safety requirements.
c. The applicant shall compensate the tribal monitor at a rate provided in Muwekma rate sheet, determined in good faith, that aligns with customary compensation for cultural resource monitoring, taking into account factors such as the scope and duration of the project, as well as the tribal monitor's actual time spent on the project site during ground-disturbing activities .  (PLANNING)

City Attorney (PA)

94 INDEMNIFICATION – The applicant will defend, indemnify, and hold harmless the City of San Mateo, its elected and appointed officials, employees, and agents from and against any costs, claims, or liabilities arising out of the approval of this planning application, including, without limitation, any award of attorney fees that might result from third party challenge. If applicant is required to defend the City, the City shall retain the right to select the counsel who shall defend the City. (CITY ATTORNEY)

95 PENALTY – In accordance with San Mateo Municipal Code section 27.02.210-Violations of Planning Application Conditions, any violation of any of the conditions of approval is unlawful and will subject the applicant to the penalties set forth in Chapter 1.04-General Penalty of the San Mateo Municipal Code as well as any other available legal remedies. (CITY ATTORNEY)

Police Department (PA)

96 BUILDING SECURITY CODE COMPLIANCE – The building permit plans shall comply with the City’s Building Security Code (San Mateo Municipal Code Chapter 23.54). (POLICE)

97 PUBLIC SAFETY COMMUNICATIONS FOR TALL BUILDINGS, ACCESS AND SECURITY – The applicant shall allow 24 hour, 7 day per week access to the dedicated public safety communications radio server rack and antenna(s) for maintenance purposes at all times that the use permitted by this planning application occupies the premises. If the City installs radio equipment, applicant shall take reasonable measures to secure and safeguard City equipment from theft or vandalism. (POLICE)

98 SITE LIGHTING STANDARDS – Exterior security lighting in compliance with the Building Security Code “Exterior Security Lighting” (San Mateo Municipal Code Section 23.54.060)

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shall be provided and maintained at all times that the use permitted by this planning application occupies the premises. (POLICE)

99 VIDEO SURVEILLANCE STANDARDS – To the extent permitted by applicable law, the applicant shall install and operate for the life of the project a video surveillance system subject to the following requirements:

(A) The information shall be maintained and retrievable for a minimum of 30 days. The captured video material shall be accessible to investigating police personnel through some form of facility management during regular business hours. The applicant shall provide proof of registration of the video surveillance camera system with the City through the City’s Neighborhood Eyes Security Team web form (https://sanmateoconnect.org/).

(B) Cameras shall be placed and maintained to view common areas of the property accessible to the public such as lobbies, parking lots, parking garages and entrances and exits to all parking garages, gates dividing different uses inside mixed-use parking garages, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to all buildings. This condition is not intended to require Applicant to install pole mount cameras on the property, cameras to view these areas may be installed on the building facing out.

(C) The cameras in this system shall be megapixel or better CCTV cameras that shall be capable of operating in all lighting conditions anticipated at project completion. Cameras viewing locations intended to allow routine vehicle passage onto the sites and/or garages shall additionally be capable of capturing the front and rear of all entering and exiting vehicles that use the sites and/or garages, and be of sufficient quality to identify the make and model of vehicles accessing the site, clearly read both front and rear license plates of vehicles, and clearly depict faces of occupants through the front windshield. (POLICE)

Public Works Department (PA)

100 POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – In accordance with the City’s Storm Water Management and Discharge Control Rules and Regulations, San Mateo Municipal Code Chapter 7.39, and the San Mateo Countywide Stormwater Management Plan (SWMP) by reference, the applicant shall:

(A) Owner/occupant shall inspect private stormwater treatment devices and GI features in the public right-of-way at least two (2) times per year and sweep parking lots immediately

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prior to and once during the storm season.

(B) The applicant shall pay a fee on a yearly basis for cost associated with, but not limited to, City inspection of the private stormwater treatment facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. The fee shall be based upon the City’s adopted Comprehensive Fee Schedule.
(C) Label new and redeveloped storm drain inlets with the phrase “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available from the Department of Public Works.

(D) All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. (PUBLIC WORKS)

101 TRANSPORTATION DEMAND MANAGEMENT (TDM) Checklist – Once implemented, the Transportation Demand Management Checklist shall be monitored and assessed annually for the occupied life of the development. The checklist shall be recorded with the County.

The assessment of compliance with the Transportation Demand Management Checklist shall be submitted to Public Works by the end of every calendar year (December 31st). (PUBLIC WORKS)

EXHIBIT B

SUMMARY OF PROJECT WAIVERS
The waivers to the following standards have been iden�fied, to be applied pursuant to State Density Bonus Law:

1) Loading Berth – Per SMMC Sec�on 27.64.390, the project requires a minimum loading zone berth of 10’x25’. The proposed loading zone is 8’x25’.

2) Turning Radii – Per SMMC Sec�on 27.64.130, turning aisles or ramps with two -way traffic shall have radii and aisle widths sufficient for 2 or more automobiles to pass on the turn. The proposed project includes turning radii that are less that the code requirements. The applicant has provided a turning diagram to demonstrate func�onality of the proposed ramp.

3) Building Height – Per the San Mateo General Plan 2040, the Mixed Use Medium II land use designa�on allows for residen�al buildings up to 6 stories. The proposed project is 8 stories.

4) Blank Walls – Per ODS Sec�on 4.1.1, “Blank walls shall be limited to a maximum of twenty (20) feet in length on all stories”. The applica�on includes a blank wall area exceeding 20 feet in length along the first two floors of the building where parking and u�lity areas are provided.

5) Massing Breaks – Per ODS Standard Sec�on 4.4.7.A.3.b, the top of the building shall be differen�ated from the base and the body by at least 2 of the following: building material, wall plane breaks (minimum of 2 feet in depth and 5 feet in length), stepback (minimum of 10 feet along all building facades), color, eaves, projected roof overhang (minimum of 18 inches), stepped parapets, or roof cornice/dis�nguishing architectural elements such as overhangs, pergolas, etc. on the uppermost floor). The applicant has par�ally met this standard by providing a defined top along por�ons of the building, thought some por�ons of the t op ar e not diff er en�ated with at least 2 of the listed items as required.

6) Façade Design – Per ODS Sec�on 7.1.1.B, building façade design shall include a change in the street-fron�ng façade through the use of ver�cal recesses or projec�ons, building height, and/or colors and materials at intervals of twenty-five (25) to fi�y (50)-feet. The project does not include the specified changes in street-fron�ng facades at the intervals specified.

7) Setbacks – The proposed project is located within the Vision of the Gateway Specific Plan Area, which includes specific setback requirements that supersede those required for the zoning district in which the project is located.
i. Per ODS Sec�on 7.7.1.A.2, along the south side of Third Avenue, a minimum setback of 20 feet from the Third Avenue property line is required. The project has a setback of 3.1 feet along Third Avenue.
ii. Per ODS Sec�on 7.7.1.A.3, along neighborhood streets, a minimum setback between Fi�een (15) to a maximum of twenty (20) feet from the property line is required. The project has setbacks of 2.5 feet along Eldorado St., and 9 feet along S Delaware St.

8) Stepbacks – The proposed project is located within the Vision of the Gateway Specific Plan Area, which includes specific stepback requirements that supersede those required for the zoning

district in which the project is located.
i. Per ODS Sec�on 7.7.1.B.1, along the south side of Third Avenue, an addi�onal 8-foot minimum stepback shall be provided along the right of way face for the por�on of the building above 30 feet in height. The project has iden�fied a waiver for a reduced stepback along Third Avenue. ii. Per ODS Sec�on 7.7.1.B.2, along neighborhood streets, an addi�onal 8 -foot minimum stepback shall be provided along the right of way face for the por�on of the building above 25 feet in height. The project proposes a waiver for reduced stepbacks along Eldorado St. and S Delaware St.

9) Residen�al Entries – Per ODS Sec�on 7.7.3.A.1, along the south Side of Third Avenue and along neighborhood s treets, fr ont door entries shall be loca ted at int ervals of at least every 25 to 30 feet. Where residen�al entries to townhome units are proposed along Third Ave., they are provided with 28-foot spacing, in compliance with this standard. However, residen�al entries are not proposed at regular intervals along S Delaware St. or Eldorado St. i. Addi�onally, Per ODS Sec�on 7.7.3.A.3.b, along the south side of Third Avenue, porches shall be allowed within the front setback area up to within 10 feet of the property line. The porches for four townhome units fron�ng Third Ave. are located less than 10 feet from the property line.

10) Ground Floor Residen�al Entries – Per ODS Sec�on 4.2.1, entries to ground floor residen�al units shall be located 18 to 42 inches above or below the grade of the adjacent public sidewalk. The ground floor entries to four townhome units along Third Ave. are proposed from 10 to 21 inches above exterior grade.

11) Architectural Styles and Materials – P e r O DS S e c � on 7. 7. 1. D a t l e a s t on e of t h e f ol l o w i n g a r e required per unit on all street-facing facades (porches, bay windows, decora�ve walls up to a max. height of three feet, or window boxes). There are units provided that do not include one of the elements specified. The project has iden�fied a waiver to this standard, and has proposed other architectural features, such as Juliet balconies and recessed balconies/terraces on units at upper levels

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