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City of Brisbane
City Council Meeting Agenda
Thursday, October 15, 2026 at 5:30 PM ● Hybrid Meeting ● 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or by attending in person. The City Council may take action on any item listed in the agenda.
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October 15, 2026 -2- 5:30 PM
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Call to Order – Pledge of Allegiance
Roll Call
A. Remote Attendance Under the Just Cause Provisions of the Brown Act Adoption of Agenda
Continued Public Hearings
B. Consideration of proposed Baylands Specific Plan and related actions, including amendmentsto the Brisbane General Plan Land Use and Circulation Elements, amendments to Title
Section 17 of the Brisbane Municipal Code to establish zoning regulations, adoption of the Bayshore Mobility Plan, and certification of the Final Environmental Impact Report (FEIR) prepared for this project in accordance with the California Environmental Quality Act (CEQA).
Adjournment
Baylands Specific Plan and EIR – Meeting 4 Page 1 of 8
CITY COUNCIL AGENDA REPORT
Meeting Date: October 15, 2026
From: Kevin Gardiner, Interim Community Development Director Subject: Baylands Subarea; Environmental Review 2021-ER-1, Specific Plan 2021-SP-1, Zoning Amendment 2021-RZ-3, General Plan Amendment 2021-GPA-2; Proposed Baylands Specific Plan including 2,200 residential units; 6.5 million square feet of commercial, office, retail, conference, life science, and office campus uses; 500,000 square feet of hotel use (approximately 800 rooms); a grade 6–8 middle school; 157 acres of open space/open area, parks, and trails; water, recycled water, sewer, drainage, electrical, and other utilities improvements on approximately 680.1 acres generally situated easterly of Bayshore Boulevard and west of Highway 101; Related actions include amending the Brisbane General Plan Land Use and Circulation Elements, Amending Title Section 17 of the Brisbane Municipal Code to establish zoning regulations, and adopting the Bayshore Mobility Plan. A Final Environmental Impact Report (FEIR) has been prepared for this project in accordance with the California Environmental Quality Act (CEQA). Baylands Development Inc., applicant; Sunquest Properties, majority owner; see Attachment 1 for a complete list of owners.
Recommendation
Staff recommends that the City Council certify that the Final Environmental Impact Report for the Brisbane Baylands Specific Plan has been prepared in accordance with California Environmental Quality Act (CEQA) Guidelines section 15090 and that the Council approve the project entitlements, which include:
• Amend the General Plan Land Use Element in accordance with Government Code sections 65350 to 65362.
• Amend the General Plan Circulation Element in accordance with Government Code sections 65350 to 65362.
• Adopt the Staff-Recommended Baylands Specific Plan, dated May 2026, with clarifying edits, in accordance with Government Code sections 65450 and 65850 as a zoning ordinance. • Amend Title 17, Zoning, of the Brisbane Municipal Code (BMC) to implement the Baylands Specific Plan for Modified Alternative 1, in accordance with Government Code sections 65800 to 65912.
• Approve the Bayshore Mobility Plan, which will enhance mobility of Brisbane residents along the corridor within the City of Brisbane, consistent with the Brisbane General Plan Circulation Element.
Introduction
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Tonight is the fourth meeting in a series of meetings for the hearing on the Brisbane Baylands Specific Plan, Final Environmental Impact Report (FEIR), and related approvals that began on September 14, 2026. The hearings are structured around Measure JJ requirements and major project components, enabling a step-by-step review of the materials and of how the project addresses Measure JJ’s requirements.
After concluding the discussion of the Bayshore Mobility Plan that began on October 6, 2026, tonight’s new topic is Phasing and Remediation (Measure JJ Topics 3.A, 3.C, 3.D, 3.F, and 3.K).
Background
The September 14, September 29, and October 6, 2026, hearings provide detailed background on the project’s history, Planning Commission review, and prior Council discussion; that material is documented in the respective staff reports and incorporated by reference.1 The Council should refer to those reports for the complete analysis and record on the topics discussed at those hearings; staff does not repeat that analysis here. Instead, this report focuses solely on tonight’s topic indicated above.
The Council concluded its discussion of the Land Use Plan (Measure JJ Topics 1, 2, 3.H, and 3.J) and of Design Topics, including the Objective Standards, Design Guidelines, and the Roundhouse (Measure JJ Topic 3.I), on October 6, 2026. It then began its review of Transportation and Transit Topics (Measure JJ Topic 3.D), including street sections, the Plan’s interface with the regional transportation network, and the Geneva Avenue extension. After presentations by staff and the applicant, Baylands Development Inc. (BDI), the Council received public testimony and questions but did not complete its discussion of the Bayshore Mobility Plan. Additional Council discussion and public testimony on the Mobility Plan will continue tonight before the Council begins the topic noted above.
Remediation and phasing were the subject of extensive Planning Commission review, reflecting their central role in Measure JJ.
Between June and August 2026, the Commission received detailed information on the following topics, summarized in the Discussion below:2
• How the 2025–26 plan revisions are reflected in the FEIR; • Site contaminants and approved remediation plans;
• City liability considerations; and
• Long-term remediation monitoring, including comparable projects. 1 September 14, 2026, City Council Staff Report (Attachment 1); October 6, 2026, City Council Staff Report (Attachment 2), which itself includes the September 29, 2026, City Council Staff Report as its own Attachment 2. 2 June 30, 2026, Planning Commission Memorandum (Attachment 7), July 23, 2026, Planning Commission Memorandum (Attachment 6), and August 13, 2026, Planning Commission Memorandum (Attachment 5), each an attachment to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1).
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In adopting its recommendation, the Commission also recommended that the Council implement staff’s clarifying edits to Specific Plan Chapter 9, and recommended a remediation reporting and enforcement mechanism.
3 Both are discussed below.
Discussion
Phasing and Remediation (Measure JJ Topics 3.A, 3.C, 3.D, 3.F, 3.K) These topics implement General Plan Policy BL.1 by requiring: approved Feasibility Study/Remedial Action Plans (FS/RAPs) and a Title 27 Landfill Closure Plan, with an enforceable schedule and City enforcement mechanism (3.A); residential areas designed and remediated for at-grade uses (3.C); developer-funded infrastructure and amenities (3.D); sufficient assurances for ongoing remediation and development performance, such as bonds, insurance, and monitoring (3.F); and soil testing before any export or grading-related relocation of landfill soil (3.K).
The discussion below moves from the approved remediation plans, to how remediation is sequenced with City permitting and the City’s resulting role, to development phasing and long-term monitoring.
Remediation framework and responsible agencies
Three regulatory sites underlie the Baylands (see attachment 4):
• The former Brisbane Landfill (eastern portion of the site); • The San Mateo County portion of the Operable Unit (OU-SM), north of Geneva Avenue; and • Operable Unit OU-2, south of Geneva Avenue.
Remediation of each site is the responsibility of the property owner, under the oversight of the Regional Water Quality Control Board (RWQCB) and/or the Department of Toxic Substances Control (DTSC) (together, “the regulating agencies”). Additionally, San Mateo County Environmental Health Services (SMC Health) will coordinate with the regulating agencies and oversees local enforcement, post-closure building registrations, and gas mitigation/monitoring compliance for the former Brisbane Landfill; SMC Health is a local Enforcement Agency (LEA) that ensures strict compliance with the approved Title 27 Closure Plan and Post-Closure Maintenance Plan.
Remediation is not itself a component of the Specific Plan or the FEIR; although those documents acknowledge the necessity of site cleanup, they do not prescribe remediation methods, establish technical requirements, or govern the cleanup process. Instead, remediation is conducted independently pursuant to the direction and authority of the regulating agencies, and both the General Plan and Measure JJ require that all necessary remediation be completed prior to initiation of any Baylands development.
The FS/RAPs for OU-SM and OU-2 (prepared by Geosyntec, October 11 and December 22, 2021, respectively) were approved by the regulatory agencies on October 5, 2021, and December 17, 2021, respectively. The Title 27 Landfill Closure Plan (prepared by Engeo, December 8, 2021, and revised March 25, 2022) was approved by SMC Health on January 16, 2025, and by the RWQCB on February 28, 3 September 14, 2026, City Council staff report, Background, Planning Commission recommendations on Remediation and Implementation (included in this report as part of Attachment 1).
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2025, with closure required within ten years of that approval. 4 Remedial Design Implementation Plans
(RDIPs), which will contain updated remediation schedules and the soil testing/management plan required by Measure JJ Topic 3.K, have been prepared and submitted for regulating agency review and approval.
Extensive multi-year soil, soil vapor, and groundwater sampling at OU-SM and OU-2 identified metals, including mercury, above applicable screening levels in localized areas, consistent with the site’s history of rail and industrial use, including a former railroad switching yard at OU-2 (1907–1982). 5 The approved
FS/RAPs specify a consistent remediation approach for both operable units: soil capping (a minimum five-foot clean-soil cap or hardscape), localized excavation and relocation of soil that cannot be capped in place, vapor and groundwater confirmation sampling, and long-term land use restrictions (described below).
6 Implementation details, including specific excavation, stockpiling, dust control, and stormwater management procedures, will be defined in the RDIPs.
The FEIR’s hazards analysis (Impact HAZ-3, Development on a Hazardous Materials Site) concludes that impacts are less than significant because Baylands development will not commence until after the approved remediation and landfill closure activities are completed, reducing the potential for worker, public, or environmental exposure to hazardous materials during development. 7 Site grading, soil testing, and clean-soil design
Specific Plan Chapter 7 describes the sitewide grading strategy: approximately 2.5 million cubic yards of soil atop the former landfill will be moved from east of the Caltrain right-of-way to the west to establish finished elevations, comply with the remediation and landfill closure plans, and address settlement, flooding, and sea level rise.
8 In addition to this westward movement of soil from the landfill, approximately 1.8 million cubic yards of soil will be temporarily relocated within the eastern portion of the site to allow installation of the landfill cap. Once the cap is installed, the soil will be placed back over the cap as engineered fill to support development in the Campus East District. 9 Consistent with Measure JJ Topic 3.K, most of this soil will be reused on-site, and a soil testing plan for soil relocated from the landfill area has been incorporated into the RDIPs. In addition, the Specific Plan requires that soil be tested in a manner approved by the City before any grading permit is issued for its export or incorporation into a remediation or grading plan, directly aligning with the RDIP testing approach. Testing has already been completed for the soil atop the former landfill that will move west, 4 2026 Staff-Recommended Specific Plan, Table 1.4.1, pp. 1-11 to 1-14, Attachment 1 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1). 5 UPC OU-SM Feasibility Study/Remedial Action Plan, Geosyntec, October 11, 2021, §3.1 (Soil); OU-2 Feasibility Study/Remedial Action Plan, Geosyntec, December 22, 2021, §3.1 (Soil) (Attachment 3). 6 UPC OU-SM Feasibility Study/Remedial Action Plan, Geosyntec, October 11, 2021, §7 (Preferred Remedial Alternative); OU-2 Feasibility Study/Remedial Action Plan, Geosyntec, December 22, 2021, §6.3.3 (Attachment 3). 7 FEIR, Volume 1, Impact HAZ-3, p. 8-790, Attachment 2 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1).
8 2026 Staff-Recommended Specific Plan, Chapter 7, §§7.3.1–7.3.2, Attachment 1 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1). 9 FEIR, Volume 5, Chapter 14, §14.16 (Section 4.14, Hydrology and Water Quality revisions), Attachment 2 to the September 14, 2026 City Council staff report (included in this report as part of Attachment 1).
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and any additional on-site or imported soil material will be sampled in accordance with both the Specific Plan and RDIP requirements to confirm its suitability for use within the Baylands.
FEIR Mitigation Measure MM HAZ-1b also requires a Soil and Groundwater Management Plan, prepared by a qualified consultant, subject to City staff and/or City-contracted peer review, and approved by the regulating agencies, before any building or grading permit is issued. Draft versions of these plans are included in the RDIPs and they incorporate worker-safety protocols, groundwater management procedures, and cap-integrity protections. The developer bears all costs associated with preparing these plans, including any City-contracted peer review.
10 Proposed Chapter 9 clarifications: sequencing remediation and development The approved FS/RAPs and the Title 27 landfill closure plan establish what remediation must occur; the proposed Chapter 9 clarifications would establish when confirmation of that remediation is required relative to each City approval. Staff proposed revisions to Specific Plan Sections 9.2 (Phasing) and 9.3 (Subsequent City Approval Processes), presented to the Planning Commission on July 23, 2026, that distinguish remediation activities from development activities and specify the responsible party and oversight for each.
11 The Planning Commission recommended that the Council implement these clarifications. The framework is:
• Pre-Development Remediation: The owner/developer relocates soil, installs the cap, and tests soil and air under regulating agency oversight. The City may approve planning entitlements during this period.
• Site Preparation: The owner/developer completes any additional testing that may be required by the regulatory agencies; the City issues grading permits and approves infrastructure plans only after regulating agency confirmation.
• Building Construction: The same confirmation requirement applies before the City issues building and occupancy permits.
• Monitoring and Reporting: The owner/developer conducts ongoing soil and air testing, as required by the regulating agency; the City receives annual reporting tied to FEIR mitigation measures, the Development Agreement, and conditions of approval.
This sequencing is intended to ensure that remediation is confirmed before each City approval, while maintaining clear boundaries between regulating agency authority and City permitting.
Land use restrictions and enforcement
Land use restrictions in remediated areas include:
• Prohibitions on disturbing landfill or operable-unit caps without regulatory approval; 10 FEIR, Volume 5, Chapter 14, §14.15 (revised MM HAZ-1b, Section 4.13, Hazards and Hazardous Materials), Attachment 2 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1). 11 Hazardous Materials Remediation, Monitoring, and Oversight (ESA, July 16, 2026), Attachment 7 to the July 23, 2026, Planning Commission Memorandum, Attachment 6 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1).
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• Installation and operation of vapor intrusion mitigation systems in buildings that overly areas where soil-vapor concentrations exceed cleanup levels;
• Restrictions on groundwater extraction or use; and
• Prohibitions on growing produce except in raised beds.
These restrictions are administered by the regulating agencies rather than the City. On enforcement (Measure JJ Topics 3.A(iii) and 3.F), the Specific Plan and approved RAPs identify regulatory orders, including financial assurance requirements, that the regulating agencies will use as legally binding mechanisms to compel BDI’s adherence to closure and remediation schedules. Separately, the Development Agreement will include City compliance-enforcement provisions and will require remediation to be completed before construction activities begin. 12 City liability and financial risk
Under this framework, the City’s role at each stage is to condition its own approvals on the regulating agencies’ confirmations, rather than to direct or verify remediation itself. In response to the Planning Commission’s liability question, the June 30 and August 13, 2026, memoranda13 advise that the City avoid independent testing or monitoring that could impute legal responsibility for remediation, since City-mandated testing conducted independently of the regulating agencies could expose the City to liability for errors or omissions, or for hazards exacerbated by City-imposed requirements. Staff recommends that the City instead rely on regulating agency oversight, combined with a private longterm stewardship structure and public transparency in reporting (see Long‑Term Remediation Stewardship and Monitoring, below).
Phasing (Specific Plan Chapter 9)
Development phasing follows the same remediation-first sequence. Chapter 9 identifies two general development phases, consistent with the phasing analyzed in the FEIR:
14 • Phase I (West Side): Bayshore, Roundhouse, and Icehouse Hill Districts; internal roadways; the Geneva Avenue Bridge crossing; major west-side parks; Icehouse Hill restoration; and the east-side infrastructure needed sitewide (solar field, water recycling facility, and constructed wetlands). • Phase II (East Side): Sustainability District (whose construction overlaps with Phase I) and Campus East District; the Bay Trail; Visitacion Creek and Lagoon Park open space; and the Tunnel Avenue/Lagoon Road/Sierra Point Parkway roadway improvements. Phase II proceeds only after the stockpiled soil is relocated off the former landfill and Title 27 closure activities are completed there.
State-approved remediation for OU-SM and OU-2 must be certified complete before construction permits are issued west of Caltrain, and each block east of Caltrain must receive Title 27 closure 12 The Development Agreement is tentatively scheduled for further discussion at the October 26, 2026, hearing; see the Revised Schedule (included in this report as part of Attachment 2). 13 June 30, 2026, Planning Commission Memorandum, Attachment 7, and August 13, 2026, Planning Commission Memorandum, Attachment 5, to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1).
14 2026 Staff-Recommended Specific Plan, Chapter 9, §9.2 and Table 9.2.1 (Phases and Districts), Attachment 1 to the September 14, 2026 City Council staff report (included in this report as part of Attachment 1).
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certification before infrastructure or building permits are issued there. The Development Agreement will set detailed timing for open space, infrastructure, roadway, remediation, and landfill-closure milestones relative to building permits and certificates of occupancy. The Development Allocation Process (Section
9.3.2), subject to Planning Commission review and approval, will govern block-level allocation of dwelling units and commercial square footage over the approximately 20-year buildout, so that development in one part of a district does not prematurely consume the district’s capacity. 15 Long‑Term Remediation Stewardship and Monitoring
Remediation obligations continue after development, consistent with Measure JJ Topic 3.F. Once remediation is complete, the regulating agencies will require BDI (or any successor) to enter into an Operation and Maintenance (O&M) Agreement and post financial assurances for long-term monitoring, inspection, and reporting, with the City among the reviewing agencies for the RDIPs, Landfill Closure Plan, and O&M Agreement. Anticipated post-construction monitoring and inspection procedures under the approved FS/RAPs, RDIPs, and Landfill Closure Plan are summarized in a table prepared by EKI and provided to the Commission on August 13, 2026.
16 At the July 23, 2026, meeting, staff provided information on the Schlage Lock site in San Francisco as a comparable remediation project, and on Site-Specific Environmental Management Area (SSEMA) structures, under which a private entity serves as operator, compliance coordinator, and steward for a remediated site, paired with public transparency in reporting. 17 This is the long-term stewardship
structure referenced above in connection with City liability. The FEIR also notes that remediation of the existing chlorinated volatile organic compound (CVOC) groundwater plume within the Baylands is being coordinated with the Schlage Operating Unit, which has undergone its own environmental review and been approved by DTSC.
18 Planning Commission recommendation: remediation reporting and enforcement The Commission recommended that all reports submitted to DTSC and RWQCB be concurrently submitted to the City and made publicly available, with the City withholding or ceasing to process permits if reports are not current at the time of permit issuance, inspection, or occupancy. Postoccupancy, the same reporting expectations would apply, with lapses addressed through existing City mechanisms, including discretionary permit revocation where applicable, or code enforcement. 19 Staff
15 2026 Staff-Recommended Specific Plan, Chapter 9, §9.3.2 (Development Allocation Process), Attachment 1 to the September 14, 2026 City Council staff report (included in this report as part of Attachment 1). 16 EKI remediation monitoring table, Attachment 6 to the August 13, 2026, Planning Commission Memorandum, Attachment 5 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1). 17 July 23, 2026 Planning Commission Memorandum, its Attachments 5 (Schlage Lock supplemental information) and 6 (SSEMA information), Attachment 6 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1).
18 FEIR, Volume 5, Chapter 14, §14.15 (Section 4.13, Hazards and Hazardous Materials revisions), Attachment 2 to the September 14, 2026, City Council staff report (included in this report as part of Attachment 1). 19 September 14, 2026, City Council staff report, Background, Planning Commission recommendation on Remediation (included in this report as part of Attachment 1).
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supports this recommendation, as the issuance of permits, inspection, or occupancy would allow enforcement.
Fiscal Impact
Measure JJ requires that Baylands development be revenue positive to the City on an annual basis, where all City costs are exceeded by Project-generated revenues during all phases of development and upon final buildout (Measure JJ Topic 3.E). The applicant has prepared a fiscal impact analysis for the project, which is currently under peer review by the City’s consultant, Keyser Marston Associates, and will be discussed at a future meeting as the hearing is continued.
Environmental Impact
A Final Environmental Impact Report (FEIR) (SCH #2006022136) has been prepared for this project in accordance with the California Environmental Quality Act (CEQA). The FEIR includes the Draft EIR (DEIR), revisions to the DEIR, comments received on the DEIR, a list of commenters, the City’s responses to significant environmental points raised during the DEIR comment period, and any other information added by the City. Should the Council act to certify the Final EIR, it will need to make Findings and Statements of Overriding Considerations, as well as adopt a Mitigation Monitoring and Reporting Program, consistent with CEQA statutory requirements.
Attachments
1. September 14, 2026, City Council Staff Report and its attachments
2. October 6, 2026, City Council Staff Report and its attachments
3. Remedial Action Plans for OU-SM and OU-2 (Geosyntec, October 11 and December 22, 2021, respectively) and Title 27 Landfill Closure Plan (approved February 2025) (links)
4. Agency Responsibility for Baylands Site Remediation and Landfill Closure ___________________________________ ________________________________ Kevin Gardiner Jeremy Dennis, City Manager
Interim Community Development Director
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ATTACHMENT 1
Attachment 1: September 14, 2026 City Council Agenda Report September 14, 2026 City Council Agenda Report
https://brisbaneca.portal.civicclerk.com/event/6965/files/report/3249 1
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ATTACHMENT 2
Attachment 2: October 6, 2026 City Council Agenda Report October 6, 2026 City Council Agenda Report
https://brisbaneca.portal.civicclerk.com/event/7009/files/report/3287 1
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ATTACHMENT 3
Attachment 3: Remedial Action Plans for OU-SM and OU-2 and Title 27 Landfill Closure Plan
i. Appendix K1 - OU-SM RAP (4 parts)
• Appendix K1 - OU-SM RAP 1 of 4 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2953/Appendix-K1---OU-SM-RAP-1-of-4-PDF • Appendix K1 - OU-SM RAP 2 of 4 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2966/Appendix-K1---OU-SM-RAP-2-of-4-PDF • Appendix K1 - OU-SM RAP 3 of 4 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2963/Appendix-K1---OU-SM-RAP-3-of-4-PDF • Appendix K1 - OU-SM RAP 4 of 4 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2946/Appendix-K1---OU-SM-RAP-4-of-4-PDF ii. Appendix K2 - OU-2 RAP (5 parts)
• Appendix K2 - OU-2 RAP 1 of 5 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2956/Appendix-K2---OU-2-RAP-1-of-5-PDF • Appendix K2 - OU-2 RAP 2 of 5 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2965/Appendix-K2---OU-2-RAP-2-of-5-PDF • Appendix K2 - OU-2 RAP 3 of 5 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2959/Appendix-K2---OU-2-RAP-3-of-5-PDF • Appendix K2 - OU-2 RAP 4 of 5 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2948/Appendix-K2---OU-2-RAP-4-of-5-PDF • Appendix K2 - OU-2 RAP 5 of 5 (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2938/Appendix-K2---OU-2-RAP-5-of-5-PDF iii. Appendix K3 - Former Brisbane Landfill Closure Plan and Post Closure Maintenance Plan (PDF)
https://www.brisbaneca.gov/DocumentCenter/View/2961/Appendix-K3---Former-Brisbane-Landfill-Closure-Planand-Post-Closure-Maintenance-Plan-PDF 1
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ATTACHMENT 4
Attachment 4: Agency Responsibility for Baylands Site Remediation and Landfill Closure 1