Menlo Park City Council
November 15, 2022

EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:

Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

DRAFT Page F-7.65
City of Menlo Park
Main Library
2021-2022 BF-1-21-025

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DRAFT Page F-7.66
November 1, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
Grants and Bureau Operations Manager
California State Library
900 N Street
Sacramento, CA 95814
DRAFT Page F-7.67
Building Forward
Round 1
Grant Monitor Checklist
• Final Project Budget
• Final Project Implementation Plan
• Resolution from the grantee organization’s governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization • Grant Agreement and Certification of Compliance
If required based on specific project
• A letter from the grantee organization’s Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.)
• A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.) All relevant documents received and approved by Libby Carlson. _______________________________
Grant Monitor Signature
DRAFT Page F-7.68
APPENDIX C: Authorizing Resolution Template
If awarded, a resolution adopted by the city, county, or library district applying for funds is required. The resolution should authorize the submission of an application; approval to implement the awarded project; and designation of an Authorized Representative to enter into the grant agreement. If the resolution has not been adopted before the application deadline, applicants may apply but we suggest the applicant seek guidance from their legal counsel to ensure they are authorized to apply.

RESOLUTION NO. [#]
A RESOLUTION OF THE [APPLICANT] AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129) WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project
WHEREAS, [APPLICANT] proposes to implement [PROJECT TITLE]; WHEREAS, [APPLICANT] has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, [APPLICANT] intends to apply for grant funding from the California State Library for the [PROJECT TITLE];
THEREFORE, BE IT RESOLVED by the [APPLICANT], with acknowledgement of [LIBRARY/LIBRARY JURISDICTION], as follows:

1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the [APPLICANT] [TITLE OF AUTHORIZED REPRESENTATIVE], or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.

2. The [APPLICANT] [TITLE OF AUTHORIZED REPRESENTATIVE], or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

3. The [APPLICANT] [TITLE OF AUTHORIZED REPRESENTATIVE], or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and, Page F-7.69
CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly adopted by the [Governing Body Name] of the [agency name] at the meeting held on [DATE], motion by [NAME] and seconded by [NAME], motion passed by the following vote:

AYES: [#]
NOES: [#]
ABSTAIN: [#]
ABSENT: [#]
______________________________
[PRINTED NAME]
[TITLE], [GOVERNING BODY]
______________________________
[PRINTED NAME]
[SECRETARY/CLERK]
Page F-7.70

Building Forward Grant Program
Unallowable Costs: Round 1
Updated 10/03/2022
This document outlines costs that are not allowable under the Building Forward Grant Program.

No grant funds or required local matching funds may be spent on unallowable costs.

Unallowable Costs include, but are not limited to:
• Bidding/advertising
• Book drops if not directly attached or built into the library building • Book lockers
• Community engagement, planning meetings, or workshops • Costs incurred outside of the grant period
• Entertainment or meals
• Escalation in addition to the project contingency
• Establishment of a reserve fund
• Exterior elements not attached to building, including but not limited to:
o Consultants or contractors engaged specifically for exterior elements/grounds (e.g. landscape designers, landscapers, planners), unless the work is directly associated with a funded project output and approved by the State Library o Electric vehicle charging stations
o Fences or Gates, installation and/or repair, unless directly attached to building, addressing an immediate life safety issue, and approved by the State Library o Fountains or other water features
o Landscaping
o Outdoor areas and access to these areas, including program space, courtyards, patios, benches/furniture, sitting areas, shade structures, and pergolas o Hardscape, outdoor walkways/paths of travel - including curbs, sidewalks, and walkways o Parking lots – creation, maintenance, reconfiguration, repair, sealing, resurfacing, and/or restriping
o Security cameras and/or lighting not directly attached to building o Shade structures
o Sprinklers or sprinkler repair
• Federal or state taxes
• Furniture (including accessible furniture) and furnishings Page F-7.71

• General costs directly related to unallowable project components (or portion thereof), including, but not limited to: planning, construction/project management, consultant fees, design, architecture and engineering services, permits and fees, other pre-construction costs • Grant writing, fundraising, or lobbying
• Improvements to facilities that do not qualify as public library outlets • Indirect costs
• Moving or storage costs
• Open+
• Operation and ongoing maintenance – including extended warranties • Playgrounds and play structures (internal or external) • Programming
• Public art
• Real estate – purchase of land, structures, and any related fees • Removal/disposal of functional items
• Spaces not specifically for library use, such as general municipal services • Tangible property to support program operations and service delivery, such as tables, chairs, shelves, computers, servers, books, AV equipment/systems, televisions, vehicles, automatic book sorting systems, and self-check machines
Any expenditure not part of the approved grant budget is also considered unallowable. Any project activity not associated with an approved output is not allowable. Any modifications to the project budget must be reviewed and approved by the State Library.

If a grantee is unsure whether a cost is allowable or unallowable, they should contact the State Library before committing any funds and/or starting work.

Questions should be emailed to [email protected].

Page F-7.72
Police
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

STAFF REPORT
City Council
Meeting Date: 11/15/2022
Staff Report Number: 22-226-CC
Consent Calendar: Adopt a resolution approving Alcoholic Beverage Control Grant and authorize the police chief to
execute the agreement
Recommendation
The staff recommends that the City Council adopt a resolution to accept a grant awarded in the amount of $70,300 from the California Department of Alcoholic Beverage Control (ABC) Grant Program and authorize the police chief to execute the agreement, including any extensions or amendments thereof and any subsequent agreement with the State in relation thereto.

Policy Issues
The proposed action and spending plan require City Council authorization.

Background
The ABC Multi-Program Grant provides funding to local law enforcement agencies to broaden their efforts in addressing alcohol related problems. The ABC program employs strategies including: The Minor Decoy Program, the Shoulder Tap Program, and IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) inspections. The funding for the ABC program comes from the Office of Traffic Safety through the National Highway Safety Administration.

The City has been a recipient of ABC Grant funding in previous years, the most recent funding amount of $70,300 was awarded in 2021 and resulted in the education of businesses as well as citizens. Education opportunities are accomplished through inspections conducted at licensed businesses, during which, no enforcement action is taken. During the last grant cycle, the department was able to perform inspections at 22 licensed businesses. In addition, there were approximately 8 businesses visited for general enforcement for alcohol related crimes, the Minor Decoy Program and the Shoulder Tap program identifying more than a third of these businesses knowingly or unknowingly selling alcohol to minors. In coordination with ABC, the department provided broad education across Menlo Park businesses in addition to enforcement. The department not only met, but exceeded the performance metrics outlined in the grant proposal. The 2022 grant program would provide funding for overtime costs associated with enforcement operations and community/licensee education and outreach. The funds must be spent by June 30, 2023.

Analysis
One of the police department’s priorities is to address quality of life issues which include the illegal purchasing and distribution of alcoholic beverages by and to minors. Statistics from the Office of Traffic Safety for the year 2019 show the City of Menlo Park was ranked 16 out of 94 cities of similar population for “total fatal and injury” collisions.

AGENDA ITEM F-8 Page F-8.1
Staff Report #: 22-226-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org In addition, there are many public and private high schools, colleges, parks and other various public venues located near the 106 Alcohol Beverage Control licensee establishments in the City of Menlo Park. The Menlo Park Police Department has responded to problems commonly associated with irresponsible and illegal alcoholic beverage service including consumption of alcohol by minors, driving under the influence, intoxicated subjects in public and disturbances. Investigations revealed that minors obtained alcohol from either establishments or adults furnishing the alcohol to them.

This grant focuses on education of licensees and community members and enforcement of applicable laws.

The funds would allow the Menlo Park Police Department to expand its present efforts in identifying and targeting potential problematic ABC licensed establishments. The grant would fund eight overtime minor decoy operations, eight shoulder tap operations, and eight IMPACT inspections, two task force operations and four general enforcement operations.

The goal of the Minor Decoy Program is to reduce the number of licensees who sell alcoholic beverages to minors. The Minor Decoy Program has proven to be a significant and effective tool for law enforcement officials in combating sales of alcoholic beverages to underage persons.

The Shoulder Tap Program is used to detect and deter adults who furnish alcoholic beverages to minors. “Shoulder Tapping” refers to the practices used by minors to obtain alcohol from adult strangers near offsale retail outlets.

IMPACT inspections focus on licensee education. Officers randomly select licensed outlets to conduct business friendly compliance inspections. The officers look for loitering, litter, graffiti, posted signs, lack of food service in restaurants, illegal weapons or other violations. The licensee must then correct any problem areas. Follow up visits are then conducted to ensure the licensee has corrected the problems.

In addition to educating the public regarding the sales and distribution of alcohol to minors, conducting Minor Decoy Programs, Shoulder Tap Programs, and IMPACT Inspections would emphasize the legal restrictions and prohibitions regarding the sales of alcohol to minors.

Impact on City Resources
The fiscal year 2022-2023 grant funds must be spent or encumbered by June 30, 2023.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Resolution
Page F-8.2
Staff Report #: 22-226-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org

Report prepared by:

David Norris, Police Chief
Dani O’Connor, Management Analyst I
Page F-8.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO ACCEPT A GRANT AWARDED IN THE AMOUNT OF $70,300 FROM THE

CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC)

GRANT PROGRAM
WHEREAS, the Menlo Park City Council desires to undertake a certain project designated as the Alcoholic Beverage Control Grant to be funded in part from funds made available through the Alcohol Policing Partnership Program (APP) administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC);
WHEREAS this award would allow the Menlo Park Police Department to expand its present efforts in identifying and targeting potential problematic ABC licensed establishments. The grant would fund eight overtime minor decoy operations, eight shoulder tap operations, and eight IMPACT inspections, two task force operations and four general enforcement operations; WHEREAS this award is not subject to local hiring freezes; NOW, THEREFORE, IT IS RESOLVED, that the Police Chief of the Menlo Park Police Department is authorized to execute, on behalf of the Menlo Park City Council the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the fifteenth of November, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of November, 2022.

Judi A. Herren, City Clerk
Exhibits:

A. Alcoholic Beverage Control agreement
ATTACHMENT A Page F-8.4
SCO ID: 2100-22APP14
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ~-----------~----------------,

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

AGREEMENT NUMBER
22-APP14
PURCHASING AUTHORl1Y NUMBER (If Applicable)
ABC-2100

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTOR NAME
City of Menlo Park through the Menlo Park Police Department

2. The term of this Agreement is:

START DATE
July 1, 2022

THROUGH END DATE
June 30, 2023

3. The maximum amount of this Agreement is:
$ 70,300.00 Seventy thousand three hundred dollars and no cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
~ Exhibit D Special Terms and Conditions -
t Attachment RFP Scope of Work ,. RFP
Items shown with an astensk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Menlo Park through the Menlo Park Police Department

CONTRACTOR BUSINESS ADDRESS
701 Laurel Street

PRINTED NAME OF PERSON SIGNING
David Norris

CONTRACTOR AUTHORIZED SIGNATURE
Cl1Y
Menlo Park
TITLE
Chief of Police

DATE SIGNED
Pages
2 3
4 1
8 \
STATE \ZIP
CA 94025

EXHIBIT A Resolution No. XXX

SCO ID: 2100-22APP14
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ~------------~----------------.

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTING AGENCY ADDRESS
3927 Lennane Drive, Suite 100

PRINTED NAME OF PERSON SIGNING
Pattye Baker

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
AGREEMENT NU_MBER
22-APP14

STATE OF CALIFORNIA
PURCHASING AUTHORITY NUMBER (If Applicable)
ABC-2100
CITY
Sacramento
TITLE
!
STATE
CA I
ZIP
95834
Chief, Business Management Branch

DATE SIGNED
EXEMPTION (If Applicable)

Resolution No. XXX

Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC's Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2022 through June 30, 2023.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both "On-Sale" and "Off-Sale" licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at "Off-Sale" licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee's on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at "On-Sale" and "Off-Sale" licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least eight (8) Minor Decoy operations.

2. Conduct at least eight (8) Shoulder Tap operations.

3. Conduct at least eight (8) IMPACT operations.

4. Conduct at least four (4) General Enforcement operations.

Resolution No. XXX

5. Conduct at least two (2) Task Force operations.

Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

6. Provide at least two (2) press releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

7. Contractor will fax (916) 419-2599 or email each press release to the Department's Public Information Officer ([email protected]) as soon as it is released.

8. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Alcohol Policing Partnership."
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

Ill. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:

Menlo Park Police Department
Galen Fliege, Officer
701 Laurel Street
Menlo Park, CA 94025
(650) 847-0574
[email protected]
Direct all fiscal inquiries to:

Menlo Park Police Department
Dani O'Connor, Executive Assistant
701 Laurel Street
Menlo Park, CA 94025
(650) 330-6632
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2572
[email protected]
Resolution No. XXX

EXHIBIT B
Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For seNices satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (22-APP14) and must not exceed the contract total authorized amount of $70,300.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2022.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2022 and on or before the project termination date, June 30, 2023. • Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reseNed to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under th is grant in any media.

Resolution No. XXX

II. BUDGET DETAIL

COST CATEGORY
A. Personnel Services
Overtime
Officers (180 hours @ $91.49/hour)
Reserve Officer (155 hours @ $88.40/hour)
Benefits (n/a)
TOT AL Personnel
B. Operating Expenses (receipts required)
Buy Money
TOT AL Operating
Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

TOTAL COST
$49,400.00
$13,400.00
$0.00
$62,800.00
$2,500.00
$2,500.00
C. Equipment (receipts required, must be purchased by 12/31) Uniforms related to operations (pre-approval required) $1,650.00 lpad for mobile reporting/ID/evidence preservation $850.00 TOTAL Equipment $2,500.00
D. Travel Costs
Registration, lodging, travel $2,500.00
TOT AL Travel $2,500.00
GRANT TOTAL $70,300.00
Resolution No. XXX

Ill. BUDGET CONTINGENCY CLAUSE
Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

Resolution No. XXX

Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

EXHIBITC

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has beenobtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

Resolution No. XXX

Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

Resolution No. XXX

Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act {Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Resolution No. XXX

Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code§ 10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§ 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Resolution No. XXX

EXHIBIT D
Agreement Number: 22-APP14
City of Menlo Park through the Menlo Park Police Department

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2022, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

Resolution No. XXX

STATE OF CALIFORNIA
Department of Alcoholic Beverage Control
Alcohol Policing Partnership Program

PROPOSAL COVER SHEET
(TO BE COMPLETED BY APPLICANT AGENCY}

1. Name of Applicant Agency: Menlo Park Police Department

2. Description of Applicant Agency: Provide your city or county jurisdiction, and include population data, relevant demographic, and socio-economic characteristics of the community.

The Menlo Park Police Department is a municipal police department in the State of California, incorporated in 187 4. The department's public safety goals are accomplished through crime suppression, problem solving, crime analysis, community outreach, education and crime prevention strategies. The Menlo Park Police Department's current sworn personnel consists of: one Chief of Police, two Commanders, nine Sergeants, six Corporals and 26 Officers. Sworn personnel are divided between the Operations Division (Patrol, Code Enforcement, & Community Service and Engagement) and the Special Operations Division (lnvestigations).

3. Number of licenses in Project Area: 104 I 4. Tax ID: 94-6000370

5. Funds Requested: $70,300 6. Project Period: July 1, 2022- June 30, 2023

7. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract
A. Project Director
Person Having Day-To-Day ResponsibiTrtyforthe Project
Name: Officer Galen Fliege
Address: 701 Laurel Street
Menlo Park, Ca 94025
Phone: 650-847-0574
Email Address: gpfliege@menlopark_org
Title: Officer
Signature: q_
C. Fi�cal or Accounting Official
Name: Patricia Barboza
Address: 701 Laurel Street
Menlo Park, Ca 94025
Phone: 650-330-6632
Email Address: [email protected]
Title:

Signature:

Sen.ior Accquntant
p t • • 8 b . Digitally signed by Patricia Barboza a nc,a ar OZ8.::oals:-2C22.D3.280S:56:24--07'00' B. Chief of Police or Sheriff
Authorizing Official
Name: Chief David Norris
Address: 701 Laurel Street
Menlo Park, Ca 94025
Phone: 650-330-6322
Email Address: [email protected]
Title: Chief of Police
Signature: Dave Norris , Digitally signed by Dave Norris - ·Daie, 2022.03.28 13:41:39 --07'00'_
D .. ABC USE ONLY
Resolution No. XXX

SCOPE OF WORK
Summary
The Menlo Park Police Department is requesting funding from the California Alcoholic Beverage Control (ABC) for the fiscal year 2022/2023. The Menlo Park Police Department previously received three grants from Alcoholic Beverage Control (ABC) in the last 1 O years. Due to the Menlo Park Police Departments small size and limited officers, (we currently have 44 sworn which includes our command staff), it is necessary to conduct Alcoholic Beverage Control operations on an overtime basis. The City of Menlo Park has approximately 35,000 residents with a daytime population of 150,000 workforce and visitors.

The City of Menlo Park is home to several large private businesses as well as small family run business, the city is experiencing large growth in these areas. There are a total of 104 (81-On-Sales, 23 Off-Sale) licensed ABC establishments in the City of Menlo Park. The department is requesting $70,300 to accomplish the goals set forth in this proposal.

Project Personnel
Officer Fllege would be assigned as the Project Director if this grant were awarded to the Menlo Park Police Department. Officer Fliege will be conducting the grant and will be assisted by Officer Baxter.

Officer Fliege was the Project Director for the last two grants the department received. Officer Baxter has previously participated in numerous operations which included Minor Decoy, Shoulder Tap and IMPACT Inspection operations, and Task Force Operations for the Menlo Park Police Department.

Officer Fliege and Baxter are familiar with the logistics and documentation that is necessary prior to and at the completion of an operation. This includes the selection of the minor decoys, the laws regarding the deployment of minor decoys, and the safety of the minor decoys. Officer Fliege and Baxter would also assist in the training of officers in the above-mentioned Alcoholic Beverage Control operations and laws.

Officer Fliege participated in an Alcoholic Beverage Control Minor Decoy operation and Shoulder Tap Operation as a Police Explorer as well as being the Project Director for the ABC grant for the last two grant years. The FY 20/21 grant included Minor Decoy Operations, Shoulder Tap Operations, IMPACT Inspections, and General Enforcement Operations. FY 21/22 included the above mentioned operations as weH as task force operations and community outreach.

Officer Fliege is assigned to the Patrol Division. Officer Baxter is currently assigend to patrol vacation relief as a Reserve Officer with the department. This grant would be managed by Officer Fliege and Officer Baxter and would fall under the patrol division.

Resolution No. XXX

SCOPE OF WORK
Problem Statement
The Menlo Park Police Department would like to continue efforts to change the patterns of behavior currently taking place in our community with respect to alcohol sales, minors in possession of false identification, and the consumption of alcoholic beverages involving minors. The Menlo Park Police Department has been proactive as well as responded to many incidents concerning intoxicated minors.

We found minors accessed alcohol from establishments, adults furnishing the alcohol to them, or from minors who have false identification. The grant the Menlo Park Police Department received for FY21/22 made it apparent these problem exist, there was a 20% increase in on sale locations furnishing to alcohol to minors as compared to FY20/21. The City is expecting a large growth in restaurants, bars, and entertainment venues that will serve alcohol this year.

Statistics from the Office of Traffic Safety for the year 2019 show the City of Menlo Park was ranked 16 out of 94 cities of similar population for "total fatal and injury" collisions. The total number of individuals injured or killed was 176. The City of Menlo Park was ranked 45 out of 94 in Driving Under the Influence with 62 arrests being made in 2019. Data for 2020 was not available as of this writing.

In addition, there are many public and private high schools, colleges, parks and other various public venues located near the 104 Alcoholic Beverage Control licensee establishments in the City of Menlo Park. An ABC Gic:!nt award will provide the Menlo Park Police Department with an opportunity to conduct increased enforcement activity as well as educate the community. The Menlo Park Police Department was awarded a grant in FY 21/22. Due to the budget, we were not able to achieve the complete goals and objectives. We still maintained proactivity and were able schedule and host a class on false ID's, passing along knowledge we learned from the grant to patrol to help them expand their knowledge.The department would like to maintain enforcement and education efforts by continuinQ to utilize Qrant Project Description section 1 of 3
Funding is essential to staff Minor Decoy Operations, Shoulder Tap Operations, IMPACT Inspections, Genera! Enforcement Operations, and Task Force Operations. Menlo Park Police Officers are prepared to handle such operations and are committed to working with ABC in this joint partnership. The City of Menlo Park is expecting a large growth in restaurants and entertainment venues that will serve alcohol this upcoming year. We want to take a proactive approach with these new businesses to educate them and prevent minors from obtaining alcohol.

The Menlo Park Police Department would commit to conducting a minimum of the following within a 1 12-month period:
8 Minor Decoy Operations
o Drastica!ty reduce the number of on-sale locations that are serving alcohol to minors o FY 21/22 showed approximately a 66% failure rate of on sales, two business have sold to a minor two times within a year
8 Shoulder Tap Operations
o Continue to lower the number of people who provide minors alcohol o We have seen an increase in business owners/employees asking our decoys to leave their store front when we conduct operations
Resolution No. XXX

SCOPE OF WORK
Project Description section 2 of 3
8 IMPACT Inspections
o There are several new businesses that are planned to open up this year, we want to educate them by conducting these inspections
o There are still several businesses that have yet to have an IMPACT inspection o Officers have been able to educate proactive businesses about how to identify false !O's, so far local businesses have collected approximately 60
4 General Enforcement Operations
o We have learned minors are using false !D's to purchase alcohol, this would aliow us to observe the sale and attempt to curb the availability of alcohol to minors 2 Task Force Operations
o These operations help us to keep up with current trends o They help us with volume so we can be more experienced in the field Officer Fliege would also work with ABC and help put together roll call training for other Menlo Park Police Officers and identify any problem locations/establishments.

The Menlo Park Police Department will issue a press release at the following times:
o July 1st, 2022 to announce the kick off of the grant
o Immediate press release/s as well as announcements on Menlo Park Police social media platforms after each Minor Decoy/Shoulder Tap Operation ipdicating the results of each operation o June 30th, 2023 to announce the end of the grant.

Resolution No. XXX

SCOPE OF WORK
Project Description section 3 of 3
Resolution No. XXX

ALCOHOL POLICING PARTNERSHIP GRANT

PROPOSAL BUDGET DETAIL
A.Personnel Services
Salaries
Classification/Positions
2 ~================:
3 Overtime
Classification/Positions
1 I PoliCEl Officer
2!Reserve Officer
3 ~===============:
4 5
6 Benefits
Classification/Positions
2 ::================;
3 :=================:
4 ::================;
5 B. Operating Expenses and Equipment
Operating Expenses *
Descri tion
l Minor DecoyiShoulderTap Operations/Buy Money
2 * maximum of $2500.00
Equipment*
Description
1 j Uniforms related to operations
2 j tpad for moible reporting/ID/evidence preservation
3 * maximum of $2500.00
C. Travel Expenses *
Description
1 !Travel/Registration fee for 2 officers
2 :==============:::::::::
3 4
Computation

SUBTOTAL
Computation
[ 180 hours @91.49 per ofc (3 officers) ! I
j 155 hours@ 88.40 (1 officer) I I
I

SUBTOTAL I

SUBTOTAL
Computation

SUBTOTAL
Computation

SUBTOTAL
Computation
SUBTOTAL • APP Conference only. All travel cannot exceed current stafe rates

GRANT TOTAL
Toto[ Cost
$0.001
Total Cost
$ 49,400.00j
$ 13,400.001
I
$ 62,soo.ool
Total Cost
$0.001
Total Cost
$ 2,soo.ooj
$ 2.soo.ool
Total Cost
$1,650.00)
$ sso.ool
$ 2,soo.ooj
Total Cost
$ 2,soo.00!
$ 2,soo.ool
$ 70,300.00!
Resolution No. XXX

OTHER FUNDING SOURCES
Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category (if none, leave blank). Then calculate the totals by category in the "Program Total" column. Total each column down to arrive at the total program funds available.

Note: Round off budget amounts to the nearest dollar-no cents.

Budget Category - Grant Funds Other Funds Program Total A. Personnel Services 62,800.00 0.0( 62,800.00
B. Operating Expense 2,500.00 0.00 2,500.00
C. Travel/Registration Fees 2,500.00 0.09 2,500.00
D. Equipment 2,500.00 O.OC 2,500.00
TOTALS $70,300.00 - $ 0.00 $70,300.00
This form does not become part of th~ contract but is required in the Request for Proposal package.

Resolution No. XXX

§I
A1ENLOPARK
February 23rd 2021
Officer Fliege
Menlo Park Police
701 Laurel Street
Menlo Park, Ca 9025.

RE: Alcoholic Beverage Control Grant Operation Agreement

OPERATIONAL AGREEMENT
This Operatlonal Agreement stands as eVidence that the
SAN MATEO DfSTRICT ATTORNEY'S OFFICE
And

MENLO PARK POLICE DEPARTMENT
Police
Intended to work together toward the mutual goal of reducing the availability of alcohol to minors in San Mateo County/Menlo Park.

Both agencies believe that our collaboration wiU more effectlvelyfurtherthe goal ofreducing availability of alcohol to minors.

To this end, each agency agrees to participate by making and accepting referrals, providing information and mutual assistance.

We, the undersigned, as authorized representatives of each agency, do hereby approve this document and its valicfrty.

DISTRICT ATTORNEY'S OFFICE MENLO PARK POLICE DEPARTMENT 03/15/2022 3/14/22
Date Date
City of Menlo Park 701 Laurel St, Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Resolution No. XXX

RESOLUTION OF THE GOVERNING BOARD
WHEREAS, The Menlo Park City Council desires to undertake a certain project designated as the Alcoholic Beverage Control Grant to be funded in part from funds made available through the Alcohol Policing Partnership Program (APP) administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC);
NOW, THEREFORE, BE IT RESOLVED that Chief Norris of the Menlo Park Police Department is authorized to execute on behalf of Mayor Nash, Vice Mayor Wolosin, Council Members Mueller, Combs, and Taylor the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

IT IS ALSO AGREED that this award is not subject to local hiring freezes.

I hereby certify that the foregoing is a true copy of the resolution adopted by the Menlo Park City Council by Mayor Nash, Vice Mayor Wolosin, Council Members Mueller, Combs, and Taylor in a meeting thereof held on____, 2022 by the following:

Vote:

Ayes:

Nays:

Absent:

Signature: _______________________ Date: ___ _
Typed Name and Title: _______________ _
ATTEST: Signature: ____________________ Date: ___ _
Typed Name and Title: ________________________ _
Resolution No. XXX

Community Development
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 11/15/2022
Staff Report Number: 22-218-CC
Public Hearing: Waive the second reading of an ordinance adopting the 2022 Building Standards Code to include
amending Title 12 [Buildings and Construction] of
the Menlo Park Municipal Code to adopt local
amendments to the California Building Standards
Code
Recommendation
Staff recommends that the City Council waive the second reading and adopt an ordinance amending Title 12 [Buildings and Construction] of the Menlo Park Municipal Code to adopt local amendments to the California Building Standards Code (Attachment A.)
Policy Issues
Every three years, the State of California Building Standards Commission adopts a revised Building Standards Code, Title 24 of the California Code of Regulations. State law requires two City Council actions, a first reading and second reading, to amend or add to a City’s Municipal Code. The adoption of the proposed local amendments to the State Building Standards Code and City’s Municipal Code generally support local City goals and policies. This ordinance implements local amendments to the building codes.

Background
On November 1, 2022 staff provided the City Council a review of the proposed building code amendments for this triennial period and proposed local building code amendments, and to receive any feedback on the proposed revisions to the fire code by the Menlo Park Fire Protection District. The City Council did not have any comments and unanimously approved the first reading of the ordinance with two modification noted by staff during the presentation.

Analysis
If the City Council chooses to take action to adopt the ordinance, the updated building code and local amendments will be effective January 1, 2023. All building permit applications submitted on or after January 1, 2023 will be subject to the new State building code requirements as well as the local amendments. In order to minimize any impacts by these new code changes, applicants are encouraged to submit their complete Building pre-application package no later than 5:30 p.m. December 15, 2022. Submitting by December 15 will allow sufficient time to complete the process that results in successful conversion to a building permit application by December 31, 2022.

Fire Code ratification
The Menlo Park Fire Protection District intends to adopt their updated fire code ordinance November 15, AGENDA ITEM G-1 Page G-1.1
Staff Report #: 22-218-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov 2022. Once the Menlo Park Fire Protection District adopts its ordinance, staff will then present a resolution to the City Council December 6 ratifying the Menlo Park Fire Protection District’s ordinance so that it may go into effect in Menlo Park, January 1, 2023. The resolution will designate the Menlo Park Fire Protection District as the primary entity for enforcement of the fire code as amended.

Impact on City Resources
The adoption of the current State codes and proposed local amendments will not result in any direct costs to the City. Public informational materials, such as City webpages and/or handouts, will need to be updated to reflect minor modifications.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting and posting a notice at the City Hall front entry. Notice of the hearing was also published in The Examiner in accordance with Government Code 50022.3 and 6066.

Attachments
A. Ordinance of the City Council of the City of Menlo Park amending Title 12 [Buildings and Construction] of the Menlo Park Municipal Code to adopt Title 24, California Code of Regulations, 2022 Building Standards Code and local amendments to the 2022 California Building Standards Code, adding requirements for pools under construction, and amending flood damage prevention requirements Report prepared by:

Sergio Rudin, Assistant City Attorney
Chuck Andrews, Assistant Community Development Director Reviewed by:

Deanna Chow, Assistant Community Development Director
Page G-1.2
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING TITLE 12 [BUILDINGS AND CONSTRUCTION] OF THE MENLO PARK MUNICIPAL CODE TO ADOPT TITLE 24, CALIFORNIA CODE OF REGULATIONS, 2022 BUILDING STANDARDS CODE AND LOCAL
AMENDMENTS TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE,

ADDING REQUIREMENTS FOR POOLS UNDER CONSTRUCTION, AND

AMENDING FLOOD DAMAGE PREVENTION REQUIREMENTS
WHEREAS, the City of Menlo Park ("City") is required pursuant to state law to adopt and enforce the 2022 Building Standards Code, Title 24 California Code of Regulations, as adopted by the California Standards Building Commission, subject to such local amendments as may be adopted by the City of in accordance with applicable law; WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; WHEREAS, the City Council of the City of Menlo Park finds that each of the amendments, additions and deletions to the California Energy Code contained in this ordinance are reasonably necessary because of local climatic, geological or topographical conditions described in Section 1;
WHEREAS, Public Resources Code Section 25402.l(h)2 establishes a process which allows local adoption of energy standards that are more stringent than the statewide Standards, provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be designed to consume no more energy than permitted by the California Energy Code;
WHEREAS, the California Codes and Standards Reach Code Program, has determined specific modifications to the Energy Code for each climate zone that are cost effective, and the City of Menlo Park is proposing adoption of measures previously studied; WHEREAS, that such modifications will result in designs that consume less energy than they would under the 2022 California Energy Code;
WHEREAS, based upon these analyses, the City Council of the City of Menlo Park finds that the local amendments to the California Energy Code contained in this ordinance are cost effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code;
WHEREAS, because of the City's unique local climatic, geologic and topographic conditions, the City desires to make amendments and additions to the code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENLO PARK DOES ORDAIN AS FOLLOWS:

Page G-1.3 ATTACHMENT A
Ordinance No. XXXX

SECTION 1: Findings and Determinations.

The City Council of the City of Menlo Park hereby finds that the following local climatic, geological, and topographic conditions justify the adoption of local modifications to the California Building Standards Code, as further set forth in this Ordinance:

A. Climatic: The City is located in Climate Zone 3 as established in the 2022 California Energy Code. Climate Zone 3 incorporates mostly coastal communities from Marin County to southern Monterey County including San Francisco. The City experiences precipitation ranging from 13 to 20 inches per year with an average of approximately 15 inches per year.

Ninety-five percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. Temperatures in the summer average around 80 degrees Fahrenheit and in the winter in the mid 50 degrees Fahrenheit. Prevailing winds in the area come from the west with velocities generally in the 12 miles per hour range, gusting from 25 to 35 miles per hour.

These climatic conditions along with the greenhouse emissions generated from structures in both the residential and non-residential sectors requires exceeding the energy standards for building construction established in the 2022 California Buildings Standards Code. The City Council also adopted a 2030 Climate Action Plan that has a goal to be carbon neutral by 2030. In order to achieve and maintain this goal, the City needs to adopt policies and regulations that reduce the use of fossil fuels that contribute to climate change, such as natural gas in buildings, in new development. Human activities, such as burning natural gas to heat buildings, releases greenhouse gases into the atmosphere and causes an overall increase in global average temperature. This causes sea levels to rise, affecting the City’s shoreline and infrastructure.

Many new buildings in Menlo Park will be built near the coastline in an area known as the Bayfront Area that is situated on marshlands and former salt ponds. San Francisquito Creek also runs through the City, which creates an increasing potential flooding risk with climate change as a result of human generated greenhouse gas emissions. Menlo Park is vulnerable to sea level rise where new development is proposed in this code cycle. New buildings that are directly vulnerable to sea level rise should avoid generating additional greenhouse gas emissions. The proposed Reach Code would ensure that new buildings use cleaner sources of energy that are greenhouse gas free.

B. Geologic: The City of Menlo Park is subject to earthquake hazard caused by its proximity to San Andreas Fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated mainly along the western base of the hills on the east side of San Francisco Bay.

Both of these faults are considered major Northern California earthquake faults, which may experience rupture at any time. Thus, because the City is within a seismic area, which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.

C. Topographic: The City of Menlo Park is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and waste water run-off. Also the City is located in an area that is relatively high liquefaction potential given its proximity to the Bay. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature.

The aforementioned conditions within the City create hazardous conditions for which departure from California Building Standards Code is warranted.

Page G-1.4
Ordinance No. XXXX

SECTION 2: Adoption of 2022 Building Standards Code.

Section 12.040.10 of Chapter 12.04 [Adoption of Codes] Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby repealed and replaced to read in entirety as follows:

12.04.010 – Adoption of California Building Standards Code.

The following codes, as approved by the California Building Standards Commission, are hereby adopted by reference:
1) The 2022 California Administrative Code, Part 1 of the California Building Standards Code, Title 24 California Code of Regulations;
2) The 2022 California Building Code, Part 2 of the California Building Standards Code, Title 24 California Code of Regulations, including Appendices I and J; 3) The 2022 California Residential Code, Part 2.5 of the California Building Standards Code, Title 24 California Code of Regulations, including Appendices AH, AQ, AS, and AX; 4) The 2022 California Electrical Code, Part 3 of the California Building Standards Code, Title 24 California Code of Regulations;
5) The 2022 California Mechanical Code, Part 4 of the California Building Standards Code, Title 24 California Code of Regulations;
6) The 2022 California Plumbing Code, Part 5 of the California Building Standards Code, Title 24 California Code of Regulations;
7) The 2022 California Energy Code, Part 6 of the California Building Standards Code, Title 24 California Code of Regulations;
8) The 2022 California Historical Building Code, Part 8 of the California Building Standards Code, Title 24 California Code of Regulations;
9) The 2022 California Fire Code, Part 9 of the California Building Standards Code, Title 24 California Code of Regulations;
10) The 2022 California Existing Building Code, Part 10 of the California Building Standards Code, Title 24 California Code of Regulations;
11) The 2022 California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations; and 12) The 2022 California Referenced Standards Code, Part 12 of the California Building Standards Code, Title 24 California Code of Regulations.

A copy of each code, subject to such amendments as may be adopted by the City in this Title 12, is on file in the office of the city clerk. The provisions of this title, including said codes and amendments thereto, shall be known as the building code of the city.

SECTION 3: Adoption of Penalties.

Section 12.04.020 of Chapter 12.04 [Adoption of Codes] Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby repealed and replaced to read in entirety as follows:

12.04.020 – Penalties for Violations of California Building Standards Code.

Persons who shall violate a provision of the code adopted under section 12.04.010, as may be amended by this title, or who fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Building Official or Fire Official, or of a permit or certificate used under provisions of the above codes, shall be subject to penalty in accordance with chapter 1.12. Persons committing such violation shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding six months, or both fine and imprisonment, unless the violation is made an infraction by the prosecuting authority.

Page G-1.5
Ordinance No. XXXX

SECTION 4: Amendment of 2022 California Building Code.

Chapter 12.06 of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby repealed and replaced to read as follows:

Chapter 12.06
California Building Code Amendments
Sections:

12.06.010 – Amendment of Section 105.2 – Work exempt from permit.

12.06.020 – Appendix J, Section J107.4.1 – Imported Fill added.

12.06.010 – Amendment of Section 105.2 – Work exempt from permit.

Section 105.2 of the California Building Code, Part 2 of the California Building Standards Code, Title 24 California Code of Regulations is amended for the first paragraph and “Building” exemptions to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other law or ordinance of the City of Menlo Park. Permits shall not be required for the following:

Building:

1. One-story detached accessory buildings used as tool and storage sheds, playhouses, garden sheds or similar uses, provided the height does not exceed eight feet, the projected roof area does not exceed 64 square feet, and the structure complies with Section 16.68.030 of the City of Menlo Park Municipal Code. These structures shall still be regulated by section 710A, despite exemption from permit.

2. Wood fences not over seven feet high.

3. Oil Derricks.

4. Retaining walls which are not over two feet high measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III liquids.

5. Detached free-standing water tanks supported directly on a concrete foundation at grade if the capacity does not exceed 500 gallons and the height above grade does not exceed six feet and the height to width ratio does not exceed two to one.

6. Platforms, walks, and driveways not more than 12 inches above grade and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, carpeting, tiling except in showers, cabinets, countertops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R Division 3 occupancy that are less than 24 inches deep, do not exceed 5,000 Gallons and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems

11. Swings and other playground equipment accessory to detached one- and two-family dwellings not exceeding 120 square feet as measured at the supports or nine feet in height as measured from existing natural grade to the top of the highest structural member, guard rail, or appendage.

12. Windows awnings supported by an exterior wall of Group R Division 3 occupancy when projecting not more than 36 inches from the exterior wall and do not require additional support.

13. Non-fixed and moveable fixtures, cases, racks, counters, and partitions not over five feet nine inches in height.

Page G-1.6
Ordinance No. XXXX

12.06.020 – Appendix J, Section J107.4.1 – Imported Fill added.

Section J107.4.1 is added to Appendix J 2 of the California Building Standards Code, Title 24 California Code of Regulations to read in entirety as follows:

J107.4.1 Imported Fill. Prior to the import of fill, the origin of the fill shall be identified by a licensed geotechnical engineer and samples of the soil shall be tested and shown to meet the standards established in the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) guidelines for clean imported fill material. The test results from the samples shall be submitted to and approved by the Building Official prior to the fill being brought on site.

SECTION 5: Amendment of 2022 California Residential Code.

Chapter 12.08 [California Residential Code Amendments] of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby repealed and replaced to read in entirety as follows:

Chapter 12.08
California Residential Code Amendments
Sections:

12.08.010 – Amendment of Section R105.2 – Work exempt from permit.

12.08.020 – Amendment of Table R301.2 – Climatic and Geographic Design Criteria.

12.08.030 – Amendment of Section R322.1 – General.

12.08.040 – Limits on Repair and Remodel.

12.08.010 Amendment of Section R105.2 – Work exempt from permit.

Section R105.2 of the California Residential Code, Part 2.5 of the California Building Standards Code, Title 24 California Code of Regulations is amended for the first paragraph and “Building” exemptions to read as follows:

R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other law or ordinance of the City of Menlo Park. Permits will not be required for the following:

Building:

1. Other than storm shelters, one story detached accessory structures, provided the height does not exceed eight feet, the projected roof area does not exceed 64 square feet, and the structure complies with Section 16.68.030 of the City of Menlo Park Municipal Code. These structures shall still be regulated by section 710A despite exemption from permit.

2. Wood fences not over seven feet high.

3. Retaining walls which are not over two feet high measured from the top of the footing to the top of the wall, unless supporting a surcharge.

4. Detached free-standing water tanks supported directly on a concrete foundation at grade if the capacity does not exceed 500 gallons and the height above grade does not exceed six feet and the height to width ratio does not exceed two to one.

5. Sidewalks and driveways.

6. Painting, papering, carpeting, tiling except in showers, cabinets, countertops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches deep.

8. Swings and other playground equipment accessory to detached one- and two-family dwellings not exceeding 120 square feet as measured at the supports or nine feet in height as Page G-1.7
Ordinance No. XXXX

measured from existing natural grade to the top of the highest structural member, guard rail, or appendage.

9. Windows awnings supported by an exterior wall of Group R Division 3 occupancy when projecting not more than 36 inches from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling unit and do not serve the exit door required by Section 311.4.

12.08.020 – Amendment of Table R301.2 – Climatic and Geographic Design Criteria.

Table R301.2 of the California Residential Code, Part 2.5 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read as follows:

Table R301.2 Climatic and Geographic Design Criteria
GROUND
SNOW
LOAD

WIND DESIGN SEISMIC
DESIGN
CATEGORY Speed f d (mph) Topographic
effectsk Special wind regionl Wind-borne debris zonem
NA 110 NA NA NA D-E

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMPe
ICE

BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMP Weathering j a Frost line
depthb Termitec
NA NA NA NA NA National Flood
Insurance
program Date –
Feb 4, 1981
revised April 21,
1999.

Adoption of first
code
management of
flood hazard
areas – June 14,
1974
Flood insurance
Study - Oct 16,
2012 revised
July 16, 2015
Panel number –
06081C0195F,
06081C0215F,
06081C0302F,
06081C0306F,
06081C0307F,
06081C0308E,
06081C0309F,
NA 58.55
Page G-1.8
Ordinance No. XXXX

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMPe
ICE

BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMP Weathering j a Frost line
depthb Termitec
06081C0311E,
06081C0326F,
06081C0328F,
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, 0216 or C652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2). Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective Flood Insurance Study or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, 8905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify Page G-1.9
Ordinance No. XXXX

any specific requirements, Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
m. In accordance with Section R301.2.1.2.1. the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the ground snow loads in figures R301.2(3) and R301.2(4).

12.308.30 – Amendment of Section R322.1 – General.

Section R322.1 of the California Residential Code, Part 2.5 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

R322.1 General. Buildings and structures constructed in whole or part in flood hazard areas including A or V Zones and Coastal A Zones, as established in Table R301.2, and substantial improvement and restoration of substantial damaged of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the provisions contained in this section and Chapter 12.42, Flood Damage Prevention, of the City of Menlo Park’s Municipal Code. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions of associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.

12.08.040 – Limits on Repair and Remodel
When the scope of work for R3 and U occupancies involves the alteration or removal of any existing structural framing that meets or exceeds seventy-five percent (75%) or greater of the linear footage of interior and exterior walls, including the removal of roof structure in those wall areas, cumulative within a two (2) year period, the project shall be considered as new construction.

SECTION 6: Amendment of 2022 California Plumbing Code.

Chapter 12.14 [California Plumbing Code Amendments] of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby repealed and replaced to read in entirety as follows:

Chapter 12.14
California Plumbing Code Amendments
Sections:

12.14.010 – Addition of Section 808.2 - Single pass water systems prohibited.

12.14.010 – Addition of Section 808.2 of Chapter 8.

Section 808.2 is added to the 2022 California Plumbing Code, Part 5 of the California Building Standards Code, Title 24 California Code of Regulations to read in entirety as follows:
808.2 Single Pass Cooling Water Systems Prohibited. Clean running water used only once for exclusively as a cooling medium in an appliance, device, or apparatus is prohibited.

SECTION 7: Amendment of 2022 California Energy Code.

Chapter 12.16 [California Energy Code Amendments] of Title 12 [Buildings and Construction] is hereby repealed and replaced to read as follows:

Chapter 12.16
Page G-1.10
Ordinance No. XXXX

California Energy Code Amendments
Sections:

12.16.010 – California Energy Code amendments.

12.16.020 – Prohibition on Conversion to Mixed-Fuel Buildings.

12.16.010 – California Energy Code amendments.

The 2022 California Energy Code, Part 6 of the California Building Standards Code, Title 24 California Code of Regulations is amended with the modifications set forth below:

Section 100.0(e), paragraphs (1) and (2) are modified to read as follows:

SECTION 100.0 – Scope.
e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a).

1. All buildings. Sections 100.0 through 110.12 apply to all buildings.

EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A

2. Newly constructed buildings.
a) All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an All-Electric Building as defined in Section 100.1(b).

Exception 1: Non-Residential Buildings containing a Scientific Laboratory Building, such area may apply for approval to contain a non-electric Space Conditioning System or appliances or laboratory equipment, subject to demonstrating infeasibility or lack of cost-effectiveness in accordance with administrative guidelines as may be established by the Building Official.

To take advantage of this exception applicant shall provide third party verification that AllElectric space heating requirement is not cost effective and feasible.

Exception 2: All Residential buildings may contain non-electric Cooking Appliances and Fireplaces except buildings defined in the Energy Code as “Multifamily buildings” that are four stories or more.

Exception 3: Exemption for public agency owned and operated emergency centers. To take advantage of this exception applicant shall provide third party verification that All-Electric space heating requirement is not cost effective and feasible.

Exception 4: Non-residential buildings containing a for-profit restaurant open to the public or an employee kitchen may apply to the Environmental Quality Commission (EQC) for an exception to install gas-fueled cooking appliances. This request must be based on a businessrelated reason to cook with a flame that cannot be reasonably achieved with an electric fuel source. Examples include barbeque-themed restaurants and pizza ovens. The Environmental Quality Commission (EQC) shall grant this exception if they find the following:

1. There is a business-related reason to cook with a flame; Page G-1.11
Ordinance No. XXXX

2. This need cannot be reasonably achieved with an electric fuel source;

3. The applicant has employed reasonable methods to mitigate the greenhouse gas impacts of the gas-fueled appliance;

4. The applicant shall comply with the pre-wiring provision of Note 1 below.

The Environmental Quality Commission’s decision shall be final unless the applicant appeals to the City Council within 15 days of the appointed body’s decision. The City Council’s decision on the appeal shall be final.

Note 1: If natural gas appliances are used in any of the above exceptions 1-4, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation.

They shall include the following:

1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors;

2. Both ends of the unused conductor or conduit shall be labeled with the words “For Future Electric appliance” and be electrically isolated;

3. A reserved circuit breaker space shall be installed in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled for each circuit, an example is as follows (i.e “For Future Electric Range;”) and

4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.

Note 2: If any of the exceptions 1-4 are granted, the Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per CBC 104.

Subdivision (b), Definitions, of Section 100.1 — Definitions and Rules of Construction, is modified by adding the following definitions of “All Electric Building” “Scientific Laboratory Building” and replacing the definition of “Shading” as follows:

ALL ELECTRIC BUILDING is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating.

SCIENTIFIC LABORATORY BUILDING is a building or area where research, experiments, and measurement in medical, and life sciences are performed and/or stored requiring examination of fine details. The building may include workbenches, countertops, scientific instruments, and supporting offices.

SHADING is the protection from heat gains because of direct solar radiation by permanently attached exterior devices of building elements, interior shading devices, glazing material, adherent materials, including items located outside the building footprint such as heritage trees or Multifamily buildings that may affect shading.

Page G-1.12
Ordinance No. XXXX

Section 110.2, Mandatory Requirements for Space Conditioning Equipment is amended for the first paragraph to read as follows:

Certification by Manufacturers. Any space-conditioning equipment listed in this section, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section and the building will still meet applicable All-Electric Building requirements as set forth in section 100.0 (e)2A.

Subdivision (a), Certification by manufacturers, of Section 110.3, Mandatory Requirements for Service Water-Heating Systems and Equipment, is modified for the first sentence to read as follows:
a) Certification by manufacturers. Any service water-heating system or equipment may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment, and the building will still meet applicable All-Electric Building requirements as set forth in section 100.0 (e)2A.

Subdivision (a), Certification by manufacturers, of Section 110.4, Mandatory Requirements for Pool and Spa Systems and Equipment, is modified to read as follows:
a) Certification by Manufacturers. Any pool or spa heating system or equipment, may be installed only if the manufacturer has certified that the system or equipment has all of the following, and the building will still meet applicable All-Electric Building requirements as set forth in section 100.0 (e)2A.:

1. Efficiency. For equipment subject to state or federal appliance efficiency standards, listings in the commissions directory of certified equipment showing compliance with applicable standards; and

2. On-off Switch. A readily accessible on-off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and

3. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and

4. Electric resistance heating. No electric resistance heating.

Exception 1 to section 110.4(a) 4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.

Exception 2 to section 110.4 (a) 4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy. b) Installation. Any pool or spa system or equipment shall be installed between with all of the following:

1. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connection shall be installed to allow for the future addition of solar heating equipment;

2. Covers. A cover for outdoor pools or outdoor spas that have a heat pump or gas heater; and

3. Directional inlets and time switches for pools. If the system or equipment is for a pool:
i. The pool shall have directional inlets the adequately mix the pool water; and ii. A time switch or similar control mechanism shall be installed as part of a pool water circulation control system the will allow all pumps to be set or programmed Page G-1.13
Ordinance No. XXXX

to run only during off-peak electric demand periods, and for the minimum time necessary to maintain the water the condition required by applicable public health standards.

Subdivision (a), Certification by manufacturers, of Section 110.5, Natural Gas Central Furnaces, Cooking Equipment, Pool and Spa Heaters, is modified for the first sentence to read as follows:

Any natural gas system or equipment listed below may be installed only if it does not have a continuously burning pilot light, and the building will still meet applicable All-Electric Building requirements as set forth in section 100.0 (e)2A:
a. Fan-type central furnaces.
b. Household cooking appliances
Exception to Section 110.5(b): Household cooking appliances without an electrical supply voltage connection and in which each pilot consumes less than 150 Btu/hr. c. Pool Heaters
d. Spa Heaters
e. Indoor and outdoor fireplaces.

Section 110.10, Mandatory Requirements for Solar Readiness, is amended to read as follows:

SECTION 110.10 – Mandatory Requirements for Solar Readiness. a) Covered Occupancies.

1. Single Family Residences. Single family residences located in subdivisions with ten or more single family residences and where the application for a tentative subdivision map for the residences has been deemed complete approved by the enforcement agency, which do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(e).

2. Low-rise multifamily buildings. Residential buildings, other than single family, with less than 4 stories that do not have a photovoltaic system installed shall comply with the requirements of Section 110.10(b) through 110.10(d).

3. Hotel/motel occupancies and high rise multifamily buildings that do not have a photovoltaic system installed shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 2.

4. Nonresidential buildings with three habitable stories or fewer, other than I-2 and I-2.1 buildings, that do not have a photovoltaic system installed, shall comply with the requirements of Sections 110.10(b) through 110.10(d) and Table 2.

Table 2: Solar panel requirements for all
new nonresidential and high rise residential
buildings
Square footage of
building Size of panel
Less than 10,000 sq.
ft.

Minimum of 3-kilowatt
PV systems
Page G-1.14
Ordinance No. XXXX

Table 2: Solar panel requirements for all
new nonresidential and high rise residential
buildings
Square footage of
building Size of panel
Greater than or equal
to 10,000 sq. ft.

Minimum of 5-kilowatt
PV systems
EXCEPTION: As an alternative to a solar PV
system, the building type may provide a solar
hot water system (solar thermal) with a
minimum collector area of 40 square feet,
additional to any other solar thermal
equipment otherwise required for compliance
with Part 6.
b) Solar Zone.

1. Minimum Solar Zone Area. The solar zone shall have a minimum total area as described below. The solar zone shall comply with access, pathway, smoke ventilation, and spacing requirements as specified in Title 24, Part 9 or other Parts of Title 24 or in any requirements adopted by a local jurisdiction. The solar zone total area shall be comprised of areas that have no dimension less than five feet and are no less than 80 square feet each for buildings with roof areas less than or equal to 10,000 square feet or no less than 160 square feet each for buildings with roof areas greater than 10,000 square feet.

A. Single Family Residences. The solar zone shall be located on the roof or overhang of the building and have a total area no less than 250 square feet.

EXCEPTION 1 to Section 110.10(b)1A: Single family residences with a permanently installed domestic solar water-heating system meeting the installation criteria specified in the Reference Residential Appendix RA4 and with a minimum solar savings fraction of 0.50.

EXCEPTION 2 to Section 110.10(b)1A: Single family residences with three habitable stories or more and with a total floor area less than or equal to 2000 square feet and having a solar zone total area no less than 150 square feet.

EXCEPTION 3 to Section 110.10(b)1A: Single family residences located in the Wildland-Urban Interface Fire Area as defined in Title 24, Part 2 and having a whole house fan and having a solar zone total area no less than 150 square feet.

EXCEPTION 4 to Section 110.10(b)1A: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low-sloped roofs where the annual solar access is 70 percent or greater and any steep-sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access.

Page G-1.15
Ordinance No. XXXX

EXCEPTION 5 to Section 110.10(b)1A: Single family residences having a solar zone total area no less than 150 square feet and where all thermostats are demand responsive controls and comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency.

EXCEPTION 6 to Section 110.10(b)1A: Single family residences meeting the following conditions:

A. All thermostats are demand responsive controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency.

B. Comply with one of the following measures:
i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with a refrigerator that meets or exceeds the ENERGY STAR Program requirements, a whole house fan driven by an electronically commutated motor, or an SAE J1772 Level 2 Electric Vehicle Supply Equipment (EVSE or EV Charger) with a minimum of 40 amperes; or
ii. Install a home automation system capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or
iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area.

B. Low-rise and High-rise Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings. The solar zone shall be located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project, and shall have a total area no less than 15 percent of the total roof area of the building excluding any skylight area. The solar zone requirement is applicable to the entire building, including mixed occupancy.

EXCEPTION 1 to Section 110.10(b)1B: High-rise Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than one watt per square foot of roof area.

EXCEPTION 2 to Section 110.10(b)1B: High-rise multifamily buildings, hotel/motel occupancies with a permanently installed domestic solar water-heating system complying with Section 150.1(c)8Biii and an additional collector area of 40 square feet.

EXCEPTION 3 to Section 110.10(b)1B: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low-sloped roofs where the annual solar access is 70 percent or greater and any steep-sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the Page G-1.16
Ordinance No. XXXX

roof or any other part of the building shall not be included in the determination of annual solar access.

EXCEPTION 4 to Section 110.10(b)1B: Low-rise and high-rise multifamily buildings with all thermostats in each dwelling unit are demand response controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency. In addition, either A or B below:

A. In each dwelling unit, comply with one of the following measures:
i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with either a refrigerator that meets or exceeds the ENERGY STAR Program requirements or a whole house fan driven by an electronically commutated motor; or ii. Install a home automation system that complies with Section 110.12(a) and is capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or
iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area.

B. Meet the Title 24, Part 11, Section A4.106.8.2 requirements for electric vehicle charging spaces.

EXCEPTION 5 to Section 110.10(b)1B: Buildings where the roof is designed and approved to be used for vehicular traffic or parking or for a heliport.

EXCEPTION 6 to section 110.10(b)1B: Performance equivalency approved by the building official.

2. Azimuth. All sections of the solar zone located on steep-sloped roofs shall have an azmuth range and be oriented between 90 degrees and 300 degrees of true north.

3. Shading.

A. No obstructions, including but not limited to, vents, chimneys, architectural features, and roof mounted equipment, shall be located in the solar zone.

B. Any obstruction, located on the roof or any other part of the building that projects above a solar zone shall be located at least twice the distance, measured in the horizontal plane, of the height difference between the highest point of the obstruction and the horizontal projection of the nearest point of the solar zone, measured in the vertical plane.

EXCEPTION to Section 110.10(b)3: Any roof obstruction, located on the roof or any other part of the building, that is oriented north of all points on the solar zone.

C. The solar zone needs to account for shading from obstructions that may impact the area required in 110.10(b)1B. When determined by the Building Official that conditions exist where excessive shading occurs and solar zones cannot be met, a performance equivalency approved by the Building Official may be used as an alternative.

Page G-1.17
Ordinance No. XXXX

4. Structural Design Loads on Construction Documents. For areas of the roof designated as solar zone, the structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents.

NOTE: Section 110.10(b)4 does not require the inclusion of any collateral loads for future solar energy systems.
c) Interconnection Pathways.

1. The construction documents shall indicate a location reserved for inverters and metering equipment and a pathway reserved for routing of conduit from the solar zone to the point of interconnection with the electrical service.

2. For single family residences and central water-heating systems, the construction documents shall indicate a pathway for routing of plumbing from the solar zone to the water-heating system.
d) Documentation. A copy of the construction documents or a comparable document indicating the information from Sections 110.10(b) through 110.10(c) shall be provided to the occupant.
e) Main Electrical Service Panel.

1. The main electrical service panel shall have a minimum busbar rating of 200 amps.

2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future solar electric installation. The reserved space shall be permanently marked as “For Future Solar Electric”.

12.16.020 – Prohibition on Conversion to Mixed-Fuel Buildings.

No building that is required to be constructed as an All-Electric building, or that currently uses electricity as its sole fuel source for appliances, space conditioning systems, water heating systems, pool and spa systems, or any other building systems, shall be altered or modified to use any fuel source other than electricity for appliances, space conditioning systems, water heating systems, pool and spa systems, or any other building systems.

SECTION 8: Amendment of Green Building Standards Code.

Chapter 12.18 of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby repealed and replaced to read in entirety as follows:

California Green Building Standards Code Amendments
Sections:

12.18.010 – Amendments to Section 202 – Definitions.

12.18.020 – Amendment of Section 4.106.4 – Electric vehicle (EV) charging for new construction.

12.18.030 – Amendment of Section 4.106.4.1 – New one and two-family dwellings and town houses with attached private garages.

12.18.040 – Amendment of Section 4.106.4.2 – Multifamily dwellings with residential parking facilities.

12.18.050 – Amendment of Section 4.408.1 – Construction Waste Management.

12.18.060 – Amendment of Section 5.106.5.3 – Electric Vehicle Charging.

Page G-1.18
Ordinance No. XXXX

12.18.070 – Addition of Section 5.106.5.5.1 – Additions and Alterations.

12.18.080 – Amendment of Section 5.408.1 – Construction Waste Management.

12.18.010 – Amendment to Section 202 – Definitions.

Section 202 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to (1) add definitions of Affordable Housing and Direct Current Fast Charging, Level 1 EV Ready, Level 2 EV Capable, Level 2 EV Ready, Low Power Level 2 EV Ready, and (2) revise definitions of Automatic Load Management System (ALMS), Electric Vehicle Charging Station, with enacted definitions to read as follows:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.

Page G-1.19
Ordinance No. XXXX

ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official.

Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.

Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

12.18.020 – Amendment of Section 4.106.4 – Electric Vehicle (EV) charging for new construction.

Section 4.106.4 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

4.106.4 Electric vehicle (EV) charging. Residential construction shall comply with Section

4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers.

Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Calculation for spaces shall be rounded up to the nearest whole number.

Page G-1.20
Ordinance No. XXXX

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based on one or more of the following conditions:

1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that meeting the requirements will alter the local utility infrastructure design requirements may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. For 100 percent Below Market Rate affordable housing developments, EVSE with a minimum of Level 2 ready shall be provided for a minimum of 10 percent of the total number of dwelling units.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units without additional parking facilities

12.18.030 – Amendment of Section 4.106.4.1 – New one and two-family dwellings and town houses with attached private garages.

Section 4.106.4.1 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

4.106.4.1 New one and two-family dwellings and town houses with attached private garages.

For each dwelling unit, one parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

12.18.040 – Amendment of Section 4.106.4.2 – Multifamily dwellings with residential parking facilities.

Section 4.106.4.2 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended revise sections

4.106.4.2 and 4.106.4.2.1, and 4.106.4.2.2 to read as follows:

4.106.4.2 Multifamily dwellings with residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.

4.106.4.2.1 New Construction. At least fifteen percent (15%) of dedicated parking spaces for any project shall be EVCS with minimum of Level 2 EV Ready. Automatic Load Management System (ALMS) shall be permitted to reduce load when multiple vehicles are charging. All remaining dedicated parking spaces required for a project shall, at a minimum, meet requirements to be considered a Low Power Level 2 EV Ready space. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Page G-1.21
Ordinance No. XXXX

Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.

Construction plans and specifications shall include the following:
• The type and location of the vehicle supply equipment (EV Ready and / or EVSE). • The raceway shall not be less than trade size 1"
• The raceway and wiring shall originate at a service panel or a subpanel serving the area and shall terminate into a receptacle or EVSE.
• The service panel or subpanel shall have sufficient capacity to accommodate a 208/240 minimum 40-ampere dedicated branch circuit for the future installation of the EVSE. The service panel or subpanel circuit directory shall identify the overcurrent protective device as “EV Ready or EV Capable” in accordance with the California Electrical Code • Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to charge required EV at its full rated amperage
• Plan design shall be capable of accommodating a 208/240-volt dedicated circuit based upon 40 ampere branch circuit requirements. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.

4.106.4.2.2 EVCS Provisions.

4.106.4.2.2.1 Electric Vehicle Charging Stations (EVCS).

Electric vehicle charging stations shall comply with the following requirements, except for EVCS serving public accommodations, public housing, motels and hotels shall not be required to comply with this section (see California Building Code, Chapter 11B, for applicable requirements):

4.106.4.2.2.1.1 Location.

EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space

2. The charging space shall be located on an accessible route, as defined in California Building Code, Chapter 2, to the building.

Exception: EVCS designed and constructed in compliance with California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3.

4.106.4.2.2.1.2 EVCS Dimensions
The charging spaces shall be designed to comply with the following:

Page G-1.22
Ordinance No. XXXX

1. The minimum length of each EV space shall be 18 feet.

2. The minimum width of each EV space shall be 9 feet.

3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot wide minimum aisle. A 5 foot wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet.
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

4.106.4.2.2.1.3 Accessible EV spaces.

In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

12.18.050 – Amendment of Section 4.408.1 – Construction Waste Management.

Section 4.408.1 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of both inert and non-inert nonhazardous demolition waste and 65 percent of both inert and non-inert nonhazardous construction waste in accordance with Section 4.408.2,

4.408.3 or 4.408.4 and meet the requirements of Chapter 12.48 Recycling and Salvaging of Construction and Demolition Debris City of Menlo Park Municipal Code.

Exceptions:

1. Excavated soil and land clearing debris.

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the job site.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

12.18.060 – Amendment of Section 5.106.5.3 – Electric Vehicle Charging.

Section 5.106.5.3 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Page G-1.23
Ordinance No. XXXX

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

Table 5.106.5.3.1 of Chapter 5 is amended and replaced with:

Table A5.106.5.3.1 Electric Vehicle (EV) charging Tier 1 [N] shall be used to determine the number of EV capable spaces required. Refer to Section 5.106.5.3.2 for design space requirements. When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1 refer to Section 5.106.5.3.2 for allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

Total Number of
actual parking
spaces
Tier 1 Number of
Required EV
capable spaces
Tier 1 Number of
EVCS (EV capable
spaces provided
with EVSE)2
0-9 2 0
10-25 5 2
26-50 11 4
76-100 26 9
101-105 38 13
151-150 38 13
151-200 53 18
201 and over 30 percent of total
parking spaces1
33 percent of EV
capable spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

Page G-1.24
Ordinance No. XXXX

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

12.18.070 – Addition of Section 5.106.5.5.1 – Additions and Alterations.

Section 5.106.5.5.1 is added to the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

Section 5.106.5.5.1 Additions and Alterations. Level 2 EV capable spaces and EVSE spaces that meet Level 2 Ready requirements shall be constructed and installed for additions and alterations as specified below in Table 5.105.5.1.

Table 5.106.5.5.1 Additions and Alterations1

NUMBER OF REQUIRED
LEVEL 2 EV CAPABLE
SPACES

NUMBER OF REQUIRED
EVSE THAT ARE LEVEL 2
EV READY3
1 - 9,999 sq.ft. Voluntary Voluntary
10,000 - 25,000
sq.ft.
5% 1 Can be located in an EV
capable space
Greater than
25,000 sq.ft.
10% One + 1% of total required
parking spaces for the
affected area. Can be
located in an EV capable
space
1The EV space requirement is based on the required parking associated with the building where the work is being performed, inclusive of landscape reserve parking. For additions and alterations, percentages are based on the required parking for the affected area of the scope of work. 2Calculations for spaces shall be rounded up to the nearest whole number. 3The maximum number of required EV spaces and electric vehicle supply equipment (EVSE) shall not exceed the requirement for EV spaces for new construction of an equivalent development on a parcel or project site unless it is voluntary.

Construction plans and specifications shall include, all of the below:

1. The type and location of the EVSE.

2. A listed raceway capable of accommodating a 208/240-volt dedicated branch circuit.

3. The raceway shall not be less than trade size 1"

4. The raceway shall originate at a service panel or a subpanel serving the area and shall terminate in close proximity to the proposed location of the charging equipment and into a listed suitable cabinet, box, enclosure or equivalent.

5. The service panel or subpanel shall have sufficient capacity to accommodate a minimum 40-ampere dedicated branch circuit for the future installation of the EVSE.

Page G-1.25
Ordinance No. XXXX

6. Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to charge required EV at its full rated amperage. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.

12.18.080 – Amendment of Section 5.408.1 – Construction Waste Management.

Section 5.408.1 of the California Green Building Standards Code, Part 11 of the California Building Standards Code, Title 24 California Code of Regulations is amended to read in entirety as follows:

5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of both inert and non-inert nonhazardous demolition waste and 65 percent of both inert and non-inert nonhazardous construction waste in accordance with Section 5.408.2,

5.408.3 or 5.408.4 and meet the requirements of Chapter 12.48 Recycling and Salvaging of Construction and Demolition Debris City of Menlo Park Municipal Code.

Exceptions:

1. Excavated soil and land clearing debris.

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the job site.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

SECTION 9: Amendment of Section 12.32.050.

Section 12.32.050 [Filing Fee] of Chapter 12.32 [Moving Buildings] of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby amended to read in entirety as follows:

Section 12.32.040 – Filing Fee.

Prior to, or at the time of, filing any application for a permit to move or remove a building or structure a fee in an amount established by resolution of the City Council shall be paid to the building department by the applicant to defray the reasonable cost of investigations and other services required of the building department pursuant to this chapter. The filing fee provided in this section shall be in addition to other permit fees which are required to erect, construct, enlarge, alter, repair, improve and convert any structural, electrical, plumbing, and heating work required for any building, or to demolish any building or structure pursuant to other applicable laws or ordinances.

SECTION 10: Enactment of Section 12.36.060.

Section 12.36.060 [Pools under construction] is hereby added to Chapter 12.36 [Swimming Pools] of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code, to read as follows:

Section 12.36.060 – Pools under construction.

During construction, pools shall be enclosed by a fence or solid structure with a height of 60-84 inches. The fence shall not have any openings larger than 50 square inches other than a gate.

Fences with rectangular openings having a horizontal dimension 4 inches or less may exceed 50 square inches. All gates leading into the area shall be self-closing self-latching. The latch shall be at least 60 inches above the ground.

Page G-1.26
Ordinance No. XXXX

SECTION 11: Amendment of Code on Flood Damage Prevention.

Chapter 12.42 [Flood Damage Prevention] of Title 12 [Buildings and Construction] of the Menlo Park Municipal Code is hereby amended to modify Sections 12.42.12, 12.42.20, 12.42.41,

12.42.43, 12.42.51 to read as set forth below:

Section 12.42.12 – Findings of fact.
a. The flood hazard areas of the city of Menlo Park are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
b. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Section 12.42. – Definitions.

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. "Accessory structure" means a structure that is either: solely for the parking of no more than two (2) cars or a small, low cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500) in value.

2. "Appeal" means a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or a request for a variance.

3. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

4. "Area of special flood hazard." See "Special flood hazard area."

5. "Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year.

6. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

7. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building materials, which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

A. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
Page G-1.27
Ordinance No. XXXX

B. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

8. "Building." See "structure."

9. “Coastal A Zones” means a special flood hazard area landward of a V Zone or landward of an open coast without a mapped V Zone, where the principle source of flooding are associated with astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During base flood conditions, the potential for breaking wave heights between 1.5 feet and 3.0 feet will exist.

10. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V.

11. “Design Flood Elevation (DFE)” means the elevation of the design flood, including wave height, relative to the datum specified on a community’s flood hazard map.

12. "Development" means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

13. “Dry floodproofing” means a combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable to the entrance of floodwater and with structural components having the capacity to resist flood loads.

14. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

15. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

16. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

17. "Flood, flooding, or floodwater" means a general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of floodwaters; (B) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (C) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

18. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

19. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

Page G-1.28
Ordinance No. XXXX

20. "Flood insurance rate map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

21. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood and supporting technical data.

22. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").

23. "Floodplain administrator" means the community official designated by title to administer and enforce the floodplain management regulations.

24. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations and open space plans.

25. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. This term describes such federal, state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

26. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

27. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "regulatory floodway."

28. "Floodway fringe" means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

29. "Fraud and victimization," as related to Section 12.42.61, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

30. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

31. "Governing body" means the City Council.

32. "Hardship," as related to Section 12.42.61, means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, Page G-1.29
Ordinance No. XXXX

as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere, or put the parcel to a different use than originally intended.

33. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

34. "Historic structure" means any structure that is:

A. Listed individually in the National Register of Historic places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

35. "Levee" means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

36. "Levee system" means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

37. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

A. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
i. The wet floodproofing standard in Section 12.42.51(3)(D); ii. The anchoring standards in Section 12.42.51(1);
iii. The construction materials and methods standards in Section 12.42.51(2); iv. The standards for utilities in Section 12.42.52.

B. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.
(Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

38. "Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

39. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.

40. "Market value" is defined in the city of Menlo Park’s substantial damage/improvement procedures.

Page G-1.30
Ordinance No. XXXX

41. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

42. New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structure.

43. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

44. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

45. "One-hundred-year flood" or "100-year flood" means a flood which has a one percent (1%) annual probability of being equaled or exceeded in any given year. It is identical to the "base flood," which will be the term used throughout this chapter.

46. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

47. "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

48. "Public safety and nuisance," as related to Section 12.42.62, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage of use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin.

49. "Recreational vehicle" means a vehicle which is:

A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

50. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

51. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or Page G-1.31
Ordinance No. XXXX

reducing state or federal financial exposure with regard to the structure or other development.

52. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

53. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

54. "Sheet flow area." See "area of shallow flooding."

55. "Special flood hazard area (SFHA)" means an area having special flood or flood related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AR, AO, AH, E, M, V1-V30, VO, VE or V.

56. "Start of construction" includes substantial improvement and other proposed new development, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

57. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

58. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

59. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

A. Before the improvement or repair is started; or
B. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed.

For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

A. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code violations identified by the building official and are the minimum necessary to assure safe living conditions; or
B. Any alterations of a structure meeting the "historic structure" definition as defined in this section; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.

60. "V zone." See "coastal high hazard area."

61. “Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

62. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other Page G-1.32
Ordinance No. XXXX

certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

63. "Water surface elevation" means the height, in relation to the North American Vertical Datum of 1988 (NAVD 88), (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverline areas.

64. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographical feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur. (Ord. 1022 § 8 (part), 2016).

65. “Wet floodproofing” means the use of flood damage resistant materials and construction techniques to minimize flood damage to areas below the flood protection level of a structure, which is intentionally allowed to flood.

Section 12.42.41 – Development Permit.
a) A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 12.42.32. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: Plans in duplicate, drawn to scale, showing:
1) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2) Proposed locations of water supply, sanitary sewer, and other utilities; 3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4) Location of the regulatory floodway when applicable; 5) Base flood elevation information as specified in Section 12.42.32 or 12.42.43(3); 6) Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and
7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 12.42.51(3)(C) and detailed in FEMA Technical Bulletin TB 3-93.
b) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 12.42.51(3)(C). c) For a crawl-space foundation, location and total net area of foundation openings as required in Section 12.42.51(3)(D) of this ordinance and detailed in FEMA Technical Bulletins 1 and 7. d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
e) All appropriate certifications listed in Section 12.42.43(7).

Section 12.42.43 – Duties and responsibilities of floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
1) Permit Review.

A. Review all development permits to determine that the permit requirements of this ordinance have been satisfied;
B. All other required state and federal permits have been obtained; C. The site is reasonably safe from flooding;
D. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been Page G-1.33
Ordinance No. XXXX

designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point.

E. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
2) Development of Substantial Improvement and Substantial Damage Procedures.

A. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."
B. Assure procedures are coordinated with other departments/divisions and implemented by community staff.
3) Review, Use, and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 12.42.32, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 12.42.51 through 12.42.56. Any such information shall be submitted to the city council for adoption.

NOTE: A base flood elevation may be obtained using one (1) of two (2) methods from the FEMA publication FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.
4) Whenever a watercourse is to be altered or relocated:

A. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and B. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
5) Base Flood Elevation Changes Due to Physical Alterations.

A. Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

B. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
6) Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. 7) Obtain and maintain for public inspection and make available as needed:

A. The certification required in Section 12.42.51(3)(A) (lowest floor elevations);
Page G-1.34
Ordinance No. XXXX

B. The certification required in Section 12.42.51(3)(C)(iii) (elevation or floodproofing of nonresidential structures);
C. The certification required in Section 12.42.51(3)(D)(i) or (3)(D)(ii) or (3)(D)(iv) (wet floodproofing standard);
D. The certification required in Section 12.42.53(b) (subdivision standards); E. The certification required in Section 12.42.55(1) (floodway encroachments); F. Information required by Section 12.42.56 (coastal construction standards). 8) Make interpretations where needed, as to the location of the boundaries of the areas of special flood hazards. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 12.42.61 and 12.42.62.
9) Take action to remedy violations of this chapter as specified in Section 12.42.33.

Section 12.42.51 – Standards of construction.

In all areas of special flood hazards the following standards are required:
1) Anchoring.

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. All manufactured homes shall meet the anchoring standards of Section 12.42.54. 2) Construction Materials and Methods.

A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. All new construction and substantial improvements shall be constructed within zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
3) Elevation and Floodproofing.

A. Residential construction (as defined by the California Residential Code as amended from time to time, i.e., single-family homes, duplex and townhomes) shall comply with the elevation requirement provisions of the California Residential Code in effect at the time of permit submittal. Other residential construction, and new or substantial improvement, shall have the lowest floor, including basement, comply with the following:
i. In areas of shallow flooding (AO zone), elevated to a height above the highest adjacent grade of not less than the depth number specified in feet on the FIRM plus one (1) foot, or not less than three (3) feet if no depth number is specified; ii. In all other Zone A, including Coastal A zones, elevated to or above the base flood elevation plus 1 foot, or the design flood elevation, whichever is higher. iii. In all other zones, elevated to or above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

Page G-1.35
Ordinance No. XXXX

B. Nonresidential new construction shall be elevated to conform with subsection (3)(A) of this section and have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

C. Nonresidential substantial improvement shall either be elevated to conform with subsection (3)(A) of this section or together with attendant utility and sanitary facilities:
i. Be dry floodproofed below the elevation required under subsection (3)(A) of this section so that the structure is watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii. Be certified by registered professional engineer or architect that the standards of subsection (3)(C) of this section are satisfied in accordance with ASCE 24 and shall include the flood emergency plan specified in Chapter 6 of ASCE 24. Such certification shall be provided to the floodplain administrator.

D. All new construction and substantial improvement with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins 1, 7 and 11 as revised, amended and constructed to meet the following requirements:
i. Be certified by a registered professional engineer or architect; ii. Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above exterior adjacent grade.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; iii. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five (5) feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
iv. The crawl space is an enclosed area below the DFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see Technical Bulletin 1, Openings in Foundation Walls. For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.7.2.1 of ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.7.2.2 of ASCE 24; v. Crawl space construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones; vi. Portions of the building below the DFE must be constructed with materials resistant to flood damage that conform to the provisions of FEMA Technical Bulletin 2. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the DFE; and vii. Any building utility systems within the crawl space must be elevated above DFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
viii. Requirements for all below-grade crawl space construction, in addition to the above requirements, include the following provisions, per Technical Bulletin 11:

Page G-1.36
Ordinance No. XXXX

a. The interior grade of a crawl space below the DFE must not be more than two (2) feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11;
b. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four (4) feet (shown as L in figure 3 of Technical Bulletin 11) at any point; c. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event;
d. The velocity of floodwaters at the site should not exceed five (5) feet per second for any crawl space. For velocities in excess of five (5) feet per second, other foundation types should be used; and
e. Below-grade crawl space construction in accordance with the requirements listed above will not be considered basements.

E. Manufactured homes shall also meet the standards in Section 12.42.54.

F. Accessory structures defined in Section 16.68.030 used solely for parking (two (2) car detached garages or smaller) or limited storage (low cost, not exceeding one hundred fifty (150) square feet) may be constructed such that its floor is below the design flood elevation (DFE) and not be required to apply for a variance, provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to parking or limited storage; ii. The portion of the accessory structure located below the DFE must be built using flood damage resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and meet the FEMA regulations as specified in this section;
iv. Any mechanical and utility equipment in the accessory structure must be elevated to or above the DFE or wet-floodproofed as defined in FEMA regulations; v. The accessory structure must comply with floodplain encroachment provisions in FEMA Regulation 60.3(C)(10) or (d)(3); and
vi. The accessory structure must be designed to allow for the automatic entry of floodwaters. (Ord. 1022 § 8 (part), 2016).

Section 12.42.56 – Coastal high hazard areas and Coastal A zones.

Within coastal high hazard areas and coastal A zones, as established under Section 12.42.32, the following standards shall apply:
1) Dry floodproofing of structures is not permitted in coastal high hazard areas and coastal A zones.
2) All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. Construction documents shall include a statement that the building is designed in accordance with ASCE

24. Page G-1.37
Ordinance No. XXXX

3) All new construction and other development shall be located on the landward side of the reach of mean high tide.
4) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls in accordance with FEMA Technical Bulletins 5 and 9 as amended or revised and as defined in Section 12.42.20. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
5) Fill shall not be used for structural support of buildings. 6) Manmade alteration of sand dunes which would increase potential flood damage is prohibited. 7) For breakaway walls designed to have a resistance of more than 20 psf determined using allowable stress design, construction documents shall include a statement that the breakaway wall is designed in accordance with ASCE 24.
8) For breakaway walls where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.7.2.1 of ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.7.2.2 of ASCE 24. 9) The floodplain administrator shall obtain and maintain the following records:

A. Certification by a registered engineer or architect that a proposed structure complies with subsection (1) of this section.

B. (B) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1022 § 8 (part), 2016).

SECTION 12: Exemption from CEQA.

The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") on the grounds that these standards are more stringent than the State standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 13: Severability.

If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 14: Effective Date.

This Ordinance shall become effective thirty days following adoption or on January 1, 2023, whichever is later. However, where applications and plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, such permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as previously adopted and amended by any ordinances of the City of Menlo Park, but only to the extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and any other applicable law.

SECTION 15: Posting and Filing.

Within fifteen (15) days of its adoption, the Ordinance shall be posted in three (3) public places within the City of Menlo Park, and the Ordinance, or a summary thereof shall be published in a local newspaper used to publish official notices for the City of Menlo Park prior to the effective Page G-1.38
Ordinance No. XXXX

date. The City Clerk shall file this ordinance with the California Energy Commission and/or California Building Standards Commission in the manner as may be required by law.

INTRODUCED on the first day of November, 2022.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of November, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Betsy Nash, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Page G-1.39
Community Development

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 11/15/2022
Staff Report Number: 22-227-CC
Public Hearing: Consider the Planning Commission’s
recommendation to approve the proposed project
with modifications and adopt a resolution to 1)
certify the final environmental impact report (Final
EIR), make the California Environmental Quality Act
(CEQA) findings including the Statement of
Overriding Considerations for significant and
unavoidable impacts, and approve the mitigation
monitoring and reporting program (MMRP), 2) adopt
a resolution to amend the General Plan Circulation
Element, 3) adopt resolutions to approve the
vesting tentative maps for the proposed project,
read the title, and waive further reading of
ordinances to 4) amend the City zoning map, rezone
the project site from R-MU-B and O-B to R-MU-B-X
and O-B-X to include the “X” Conditional
Development overlay, and approve the conditional
development permit and 5) adopt the development
agreement, and 6) adopt a resolution to approve the
below market rate (BMR) housing agreements for
the proposed Willow Village masterplan project
located at 1350-1390 Willow Road, 925-1098
Hamilton Avenue and 1005-1275 Hamilton Court,
1399 and 1401 Willow road, and 871-883 Hamilton
Avenue
Recommendation
Staff recommends that the City Council consider the Planning Commission’s resolution (Attachment A) recommending approval with modifications of the proposed project to the City Council, including the following actions:
• Adopt a resolution to certify the Final EIR that analyzes the potential environmental impacts of the proposed project and makes the CEQA findings to address impacts, including a statement of overriding considerations for significant and unavoidable environmental effects that would result from the proposed project, and approves the mitigation monitoring and reporting program for the proposed project to mitigate impacts to less than significant with mitigation or reduce significant and unavoidable impacts (Attachment B);
• Adopt a resolution to amend the General Plan Circulation Map to modify the locations of the public rightsof-way, new street connections, paseos and incorporate multi-use pathways within the main project site and new site access (Attachment C);
• Adopt resolutions to approve the vesting tentative map for the main project site and the vesting tentative AGENDA ITEM G-2 Page G-2.1
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov map for the Hamilton Avenue Parcels to create new buildable parcels, dedicate public rights-of-way, identify public access easements, site infrastructure and realign Hamilton Avenue (Attachment D “main project site” and Attachment E “Hamilton Avenue parcels”); • Introduce, read the title, and waive further reading of an ordinance to rezone the project site from R-MUB and O-B to R-MU-B-X and O-B-X to include the “X” Conditional Development combining district overlay, amend the Zoning Map to include the X overlay and modify the locations of the public right-ofways, new street connections and paseos, and approve a conditional development permit (CDP) to develop the proposed project through the master plan provisions outlined in the Zoning Ordinance, utilize the bonus level development allowances (increased height, density and intensity) in exchange for community amenities, establish allowed uses, development regulations (including design standard modification requests), and otherwise govern the development of the proposed project (Attachment F; • Introduce, read the title, and waive further reading of an ordinance to adopt a development agreement (DA) between the City and the project applicant for vested rights in exchange for community amenities and assurances on the timing and phasing of the proposed project (Attachment G); and • Adopt a resolution to approve the BMR housing agreements for the provision of 312 BMR units with a mix of affordable income limits, including 119 age-restricted senior units (Attachment H) Policy Issues
The City Council should consider the Planning Commission’s review and recommendation when evaluating the merits of the proposed project, including project consistency with the City’s current general plan, municipal code, and other adopted policies and programs. The City Council will also need to consider the proposed development regulations, which include modifications to the development standards established in the Zoning Ordinance (e.g., design standards, bird friendly waivers, transportation demand management, signage, construction hours and BMR housing) in the CDP. As part of the project review, the City Council will need to make findings that the merits of the project and the public benefits and specific community amenities associated with the development agreement balance the significant and unavoidable environmental impacts as described in the environmental impact report by adopting a statement of overriding considerations. The policy issues summarized here are discussed in detail in the staff report.

The City prepared the following documents to analyze the proposed project and inform reviews by community members, the Planning Commission and the City Council:
• Housing Needs Assessment (HNA), including an analysis of the multiplier effect for indirect and induced employment from the proposed project, in compliance with the terms of the 2017 settlement agreement between the City of Menlo Park and the City of East Palo Alto (Attachment I); • Fiscal impact analysis (FIA) to inform decision makers and the public of the potential fiscal impacts of the proposed project (Attachment J);
• Appraisal to identify the required value of the community amenity in exchange for bonus level development (Attachment K); and
• Community amenities proposal evaluation to determine if the community amenities proposal meets the minimum required value (Attachment L.)
These reports are not subject to City Council action, but provide background information for the CDP, development agreement and other land use entitlements.

Page G-2.2
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Background
Planning Commission recommendation
On November 3, 2022 the Planning Commission completed its review of the proposed project, which it began at its regular meeting October 24, 2022 and continued to November 3. The Planning Commission voted 6-0-1, with Commissioner Schindler not participating, to adopt a resolution recommending approval to the City Council of the proposed project with the following modifications:

1. Incorporate a guarantee of operation for the community amenities (e.g., grocery store, pharmacy, bank, air quality monitoring installation, etc.);

2. Evaluate and incorporate a longer duration for the grocery store rent subsidy beyond the currently proposed 24 months, potentially up to as many as 60 months;

3. Clarify the minimum required development potential (e.g., number of dwelling units, size of grocery store, etc.);

4. Modify the timing for the delivery of the community amenities to be more concurrent with the completion of the office square footage;

5. Provide additional financial analysis on the cost and/or value of the senior standalone BMR housing building;

6. Reduce daily trips from the main project site by 1,000 or reduce office parking spaces commensurately;

7. Increase funding of $10 million for programs to increase connectivity of the main project site and the surrounding area, including potential additional funding for the proposed Bayfront Area shuttle; and

8. Require the Bayfront Area shuttle to be electric.

This City Council staff report primarily focuses on the analysis of the changes to the proposed project since the Planning Commission meeting, including staff initiated edits and cleanups to the entitlement documents and EIR as well as responses to the Planning Commission’s recommended modifications. For a detailed analysis of the proposed project, please review the October 24 Planning Commission staff report. The staff report is included in Attachment M and a link to the Planning Commission agenda with the staff report, attachments, and presentations is included in Attachment N.

Site location
A project location map that includes site addresses, neighboring Meta sites, and other landmarks is included in Attachment O. The project site includes the following three project areas.

Main project site
The approximately 59-acre site is generally located along Willow Road between Hamilton Avenue and Ivy Drive, previously referred to as the ProLogis Menlo Science and Technology Park. The main project site contains 20 existing buildings with approximately 1 million square feet of office, warehouse, and research and development uses.

Hamilton Avenue parcels
The proposed project includes the realignment of Hamilton Avenue west of Willow Road and affected parcels to the north (Belle Haven Shopping Center, referred to as Hamilton Avenue Parcel North) and south (Chevron gas station, which is referred to as Hamilton Avenue Parcel South) sides of Hamilton Avenue.

Willow Road undercrossing and overcrossing
The main project site could be connected to the Meta West Campus by an undercrossing and an elevated parkway would connect the main project site with Hamilton Avenue Parcel North. Both the undercrossing and elevated park would include public access for bicyclists and pedestrians.

Page G-2.3
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Project milestones
A table summarizing the previous project milestones and meetings is included in Attachment P.

Analysis
Project overview
The applicant, Peninsula Innovation Partners, Inc., is proposing to redevelop the main project site through the master plan process that allows a project to aggregate development potential and meet the Zoning Ordinance requirements (e.g., parking) across the site.

Main project site
The proposed project would redevelop the main project site in three districts: a Town Square district, a Residential/Shopping district, and a Campus district. The Campus district is intended to be occupied by Meta. The proposed site plan is included in Attachment Q and a hyperlink to the master plan project plans is included in Attachment R. The proposed project would increase nonresidential uses (office, retail, personal services, etc.) by approximately 800,000 square feet for a total of approximately 1.8 million square feet. The proposal also includes multifamily housing units, a hotel, and publicly accessible open space (e.g., elevated linear park, town square, dog park and 3.5 acre publicly accessible park.) Table 1 summarizes the proposed development at the project site.

Table 1: Main project site project data
Proposed project (CDP Standards) Zoning Ordinance bonus level standards (maximums)
Residential dwelling units 1,730 units** 1,735 units
Residential square footage 1,696,406 s.f. 1,701,404 s.f.

Residential floor area ratio 224.3% 225%
Commercial retail
square footage 200,000 s.f. 397,848 s.f.

Commercial retail
floor area ratio 12.6% 25%
Office square footage 1,600,000 s.f.* 1,780,436 s.f.

Office floor area ratio 113% 125%
Hotel rooms 193 n/a
*Proposed office square footage includes a maximum of 1.25M s.f. of office use with the balance of 350,000 s.f. for meeting and collaboration space use (if office square footage is maximized at 1.25M sf) within the Campus District; the total s.f. includes a portion of the 25% non-residential FAR permitted in the R-MU portion of the project site. **The total units would include a minimum of 15 percent of the residential units as BMR units to satisfy the City’s inclusionary requirements. Additional BMR units would be incorporated to comply with the commercial linkage requirement.

The following list identifies some key components of the proposed site layout. • The grocery store would be proximate to Willow Road at the intersection with Hamilton Avenue/Main Street and entertainment and retail/dining uses would generally be located along Main Street; • Hotel and associated retail/dining would be proximate to the 1.5-acre publicly accessible town square; • 3.5-acre publicly accessible park (proximate to Willow Road at Park Street), a dog park (in the Page G-2.4
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov southeastern portion of the main project site) and additional public open space; • 2-acre publicly accessible elevated park extending over Willow Road providing access at the Hamilton Avenue Parcel North; and
• A potential publicly-accessible, below grade tunnel for Meta intercampus trams, bicyclists and pedestrians connecting the project with the West and East campuses The proposed project would include a circulation network for vehicles, bicycles and pedestrians, inclusive of paseos, multi-use paths, and both public rights-of-way and private streets that would be generally aligned to an east-to-west and a north-to-south grid.

Project variants
The proposed project includes four variants that could be incorporated into the project. Variants are variations of the proposed project at the same project site, with the same objectives, background, and development controls but with a specific variation. With the exception of the Increased Residential Density Variant (studied for policy purposes in the event the City decision makers desire to consider it), the variants are slightly different versions of the project that could occur based upon the action or inaction of agencies other than the City, decisions of the applicant, or of property owners outside the Project site. The CDP allows for the three non-housing variants to be incorporated into the proposed project. The project includes the following variants:
• No Willow Road Tunnel Variant
• Increased Residential Density Variant (200 additional dwelling units) • No Hamilton Avenue Realignment Variant
• Onsite Recycled Water Variant
With the exception of the Increased Residential Density Variant, the other three variants could be incorporated by the applicant or be necessary due to action or inaction by an outside agency. The Willow Road Tunnel is a project feature that the applicant has discretion to construct provided the applicant obtains approvals/permits from Caltrans and SamTrans. The Hamilton Avenue realignment and on-site recycled water variant are also dependent upon decisions by outside agencies. The CDP incorporates a review process for these variants, discussed in more detail in the following section for the tunnel and Hamilton Avenue realignment.

Hamilton Avenue parcels and Willow Road grade separated crossings The proposed project includes off-site improvements, such as the realignment of Hamilton Avenue and the Willow Road undercrossing and elevated park (over Willow Road) that would create grade separated connections across Willow Road. The tunnel if constructed, would allow Meta trams to circulate off-street between the campuses and allow for bicyclists and pedestrians to travel from the main project site to the campuses and the Bay Trail.

The realignment of Hamilton Avenue would result in the demolition and potential reconstruction of the existing Chevron station (Hamilton Avenue Parcel South) and the potential future expansion of retail uses at the existing Belle Haven neighborhood shopping center (Hamilton Avenue Parcel North.) These are components of the proposed project that could occur and would be reviewed through separate permitting processes. Table 2 below summarizes the potential development on the two Hamilton Avenue parcels and the maximum square footage allowed by the existing zoning district (C-2-S district.) Page G-2.5
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 2: Hamilton Avenue Parcels North and South project data Project site Potential future projects
(Total square footage) Zoning Ordinance maximums*
Hamilton Avenue Parcel North 22,400 s.f. 48,134 s.f./(FAR 0.5) Hamilton Avenue Parcel South 5,700 s.f. 21,126 s.f./(FAR 0.5) *Zoning Ordinance maximums represent maximum development potential after realignment of Hamilton Avenue, which includes resubdividing the parcels to reduce the size of Hamilton Avenue Parcel South and increase the size of Hamilton Avenue Parcel North.

While the proposed project includes the Willow Road Tunnel, it is an optional feature and the applicant may choose not to construct the tunnel. If the tunnel is not constructed or the Hamilton Avenue right-of-way realignment is not approved by Caltrans, then the revisions to proposed site plan from the implementation of these project variants would be reviewed through the processes identified in the CDP based on the effect of these changes to the on-site buildings and features. The incorporation of these variants would not be subject to discretionary City review and action. The possible removal of the Elevated Park segment over Willow Road, if Caltrans does not approve the feature, would be governed by the terms of the DA.

City staff incorporated the following clarifying text on the change processes into the CDP (Section 8):
• Section 8.1.4.1: If the Willow Road Tunnel is removed, the on-site changes would be reviewed as a Substantially Consistent Change or Minor Change depending on the scope of the changes. No further discretionary review of the Willow Road Tunnel is required. To ensure the community is aware of the removal of the Willow Road Tunnel, the community development director shall notify the Planning Commission and City Council of this change for informational purposes only. • Section 8.1.4.2: If the applicant does not receive outside agency approval to realign Hamilton Avenue, the associated on-site revisions to the proposed project would be reviewed through an architectural control package (ACP.) The review would be limited to the on-site changes based on the revised circulation and locations of building/site features.

Where appropriate, this report includes additional analysis on the project components that supplements or supersedes the Planning Commission staff report.

Development standards
The conditional development district (or “X” district), also referred to as combining district, is a zoning district specifically established for the purpose of combining special regulations or conditions with one of the zoning districts through a CDP. CDPs allow for customization and modifications to Zoning Ordinance and Municipal Code requirements, provided the proposed project complies with the maximum density and floor area ratio (FAR) for the site. The CDP would identify project-specific development regulations and design standards for the masterplan. More details on the proposed project development standards including design standards modifications, master sign program requirements, expanded construction hours, outdoor seating, sale of beer, wine and alcohol, emergency generators, bird friendly design waivers and requirements, and green and sustainable building compliance are provided in the Planning Commission staff report in Attachment M.

Site circulation, parking, transportation demand management The main project site is currently accessible from a traffic signal-controlled intersection at Willow Road via Hamilton Avenue/Hamilton Court and two driveways off northbound Willow Road. Hamilton Avenue Parcels North and South are both accessible via one driveway from southbound Willow Road and one driveway along Hamilton Avenue.

Page G-2.6
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The proposed project would comprehensively redevelop the site, creating new vehicular entrances/access points from Willow Road, Hamilton Avenue, Adams Court and O’Brien Drive. In addition to accommodating vehicular and transit access, the proposed streets would include bicycle and pedestrian infrastructure, and include a comprehensive streetscape plan, including street trees, plantings, green infrastructure and sidewalks. The Planning Commission staff report provides a more detailed evaluation of the proposed project.

Site access
To accommodate access to the main project site, the proposed project would include offsite improvements on Willow Road, Hamilton Avenue, O’Brien Drive and Adams Court.

Willow Road
In order to provide adequate access to the main project site, improvements to Willow Road are proposed, as follows:
• Right-of-way widening to accommodate additional left-turn pockets. • Creation of one new signalized intersection (Park Avenue.) • Relocation of one signalized intersection (Hamilton Avenue.) • Bicycle and pedestrian improvements along the project frontage and crossing improvements at the new intersections at Park Street/Willow Road and Hamilton Avenue/Willow Road.

The proposed left-turn adjustments are currently receiving further analysis. Staff will be coordinating with the applicant and Caltrans to refine the proposed change with a focus on enhancing the safety of the crossings of Willow Road, including turning movements for bicycles and pedestrian crossings. City staff added a step in the process for staff to provide an update to the City Council on the design before submitting to Caltrans given the scale of this project. This is a staff initiated revision to conditions for the main project site vesting tentative map (Condition 6(C)(ii)); however, this change could address some of the Planning Commission’s comments regarding connectivity improvements in the vicinity of the proposed project.

Transportation demand management (TDM)
The City requires all new developments in the R-MU and O zoning districts to reduce their trip generation by 20 percent from standard trip generation rates via TDM strategies. The City has applied the 20 percent reduction after crediting for any trip reductions based on a project’s proximity to complementary land uses, alternative transportation facilities, as well as reductions based on a project’s mixed-use characteristics. The TDM and trip reduction requirement applies to the daily trips, AM peak hour trips, and PM peak hour trips.

The applicant submitted a request to modify the trip reduction to be taken from gross versus net trips (Attachment S.) Table 7 outlines the required City standard trip reduction, the proposed trip reduction with the applicant’s request to calculate from the gross trips, and the difference between the two calculations.

Page G-2.7
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 7: City standard and proposed trip reductions
City standard trip
reduction
Applicant
proposed trip
reduction
Delta
Office
Daily trips 15,837 18,237 +2400
A.M. peak period 1,670 1,670 n/a
P.M. peak period 1,670 1,670 n/a
Residential/Mixed use
Daily trips 13,048 15,026 +1,978
A.M. peak period 644 726 +82
P.M. peak period 1,100 1,237 +137
The applicant is requesting to modify the City’s standard practice through the CDP, which would calculate the 20 percent trip reduction from the gross ITE rates. The City’s Transportation and Planning Divisions have evaluated this request to determine the appropriateness of this adjustment compared to the City’s General Plan goals, policies and programs. While the proposed modification would increase the total number of trips since the reduction would be taken from the gross instead of the net trips after accounting for the project land uses, the proposed project includes unique characteristics that justify capturing trip reduction from the comprehensive mixed-use design of the proposed project. Other projects in the R-MU, LS, and O zoned districts have been single land use projects or predominantly a single land use with a small amount of supporting retail uses. The transportation impact analysis prepared for the proposed project applied the applicant’s requested modification, studying the potential effects (CEQA and non-CEQA) with a higher number of trips. The proposed project would result in a less than significant impact on vehicle miles traveled after application of further trip reductions specific to the residential land use. Congestion created by the project would be addressed through recommended intersection improvements.

The applicant is proposing a trip cap for the Campus District that would operate similar to the existing trip caps on the East and West Campus that would be monitored daily (Attachment T.) For the non-Campus district uses (retail, residential and hotel), the proposed project would implement a monitoring plan. The annual monitoring would be different from the trip cap monitoring for the Campus District, which would be monitored daily. The TDM plan that includes the monitoring plans for both the Campus District and the Town Square and Residential/Shopping Districts is included in Attachment U.

Planning Commission recommended TDM modifications
As part of its recommendation to the City Council, the Planning Commission included a request to reduce the project trips by 1,000 or remove the same number of parking spaces from the South Garage within the Campus District. Staff believes the reduction in 1,000 parking spaces for the Campus District could constrain parking within the Campus District and burden the shared retail/residential/visitor parking or result in spillover parking into the adjacent neighborhoods that do not contain daytime parking restrictions.

Further, the spillover parking would likely not be captured in the daily trip cap compliance monitoring.

Master Response 2 in the Final EIR further explains why parking and trips are not directly correlated. A parking reduction is not recommended by staff.

The applicant’s request to use the gross trips instead of the net trips results in an increase in 2,400 daily trips for the Campus District and 1,978 for the residential/mixed use land uses. Staff evaluated applying the additional 1,000 trip reduction to the daily trips and determined that applying the trip reduction to the Page G-2.8
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov residential and mixed-use could constrain the viability of the retail/restaurant/entertainment uses (specifically the grocery store) and would require compliance by potentially multiple ownership groups.

Further, the EIR includes an increased trip reduction for the residential land use already to mitigate a significant impact to vehicle miles traveled.

If the 1,000 daily trip reduction is applied to the Campus District, the Planning Commission’s request would generally split the difference between the City’s standard application of the TDM ordinance and the applicant’s request and would equate to an approximately 24 percent reduction from the gross trips, where the applicant has proposed a 20 percent reduction from gross trips. This reduction would require potentially additional TDM measures; however, a single entity would operate the Campus District which would help ensure compliance and Hexagon and City staff have reviewed the applicant’s TDM plan and believe that meeting this trip reduction is potentially feasible. The City Council should consider the Planning Commission’s recommendation and determine whether the possible daily trip reduction from the Campus District should be incorporated into the project entitlements.

Level of service or roadway congestion analysis (non-CEQA transportation analysis) The City’s TIA Guidelines require that the TIA also analyze LOS for planning purposes. The LOS analysis determines whether the project traffic would cause an intersection LOS to be potentially noncompliant with local policy if it degrades the LOS operational level or increases delay under near term and cumulative conditions. Where deficiencies are identified, the TIA Guidelines require consideration of improvement measures. The CDP identifies the recommended improvement measures that the City determined to be feasible for near term improvements and fair share payments for cumulative intersection improvements. The draft conditions include input from East Palo Alto for improvements at Kavanaugh Drive and O’Brien Drive and fair share payment for intersections in East Palo Alto. These measures are included as conditions in the CDP (Section 14.)
Given past feedback from the public and City Councilmembers, staff has identified since the Planning Commission meeting that some of the near-term intersection investments may warrant additional discussion. Staff has incorporated its recommended changes into the CDP. The following staff initiated changes are now included in the CDP (Section 14):
• Willow Road and Bay Road. The TIA recommended the project add a right turn lane from Willow Road westbound at Bay Road and an additional left turn lane from Bay Road onto Willow Road. The latter portion of this proposed change was also conditioned for the Menlo Uptown project and would not be conditioned for Willow Village. Separately, as part of a grant proposal to the California Active Transportation Program, staff has developed separated bikeway and pedestrian improvements along Willow Road, including at this location. Staff has revised the condition to explicitly require the right turn lane and the separated bikeway and pedestrian improvements, provided Caltrans approves these improvements, to ensure bicyclist and pedestrian safety are prioritized with the intersection improvements. This intersection also includes investments conditioned to the Menlo Uptown development project to add a second left turn lane from Bay Road onto Willow Road that City Councilmembers have asked staff to bring back to City Council, which is anticipated in early 2023.

The project also previously included conditions to provide fair share contributions to intersection improvements at the following location that staff has removed due to potential impacts to bicyclists and pedestrians:
• Marsh Road and Bohannon Drive/Florence Street. The TIA recommends the project be conditioned to contribute to an investment that would add a right turn lane on southbound Marsh Road. This improvement would likely require either narrowing or eliminating the existing median, limit the addition of Page G-2.9
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov bicycle lanes on Marsh, or require more substantial reconstruction of the street. Because of these challenges, staff has removed this fair share contribution condition from the CDP.

CDP clarifications
City staff included a number of additional clarifications and edits to the CDP, in addition to the modifications to the intersection improvements and variant related changes. The changes include references to the use of shared parking, consistency with the DA (e.g., Elevated Park requirements), roles and responsibilities for changes in Section 8, and timing and responsibility for project conditions.

Vesting tentative maps
The phased vesting tentative maps for the main project site propose to merge the existing parcels then resubdivide them to create parcels for residential, retail, hotel and office developments; new public rights-ofway for street purposes; parcels for private street purposes; and park open space parcels. Multiple final maps are anticipated to match the proposed phasing of the tentative maps. A vesting tentative map for the Hamilton Avenue Parcels would reconfigure the existing parcels and provide for the realignment of Hamilton Avenue.

Since the Planning Commission meeting, City staff have incorporated additional vesting tentative map conditions (Conditions 15, 16, and 17 of the main project site) to clarify that the current street names are placeholders and future street names will be approved through the final map process and subject to review and approval by the City Council. The vesting tentative map for the main project site is included in Attachment V and the vesting tentative map for the Hamilton Avenue Parcels is included in Attachment W.

Project phasing, minimum dwelling units and commercial square footage The proposed project is planned to be developed in phases with specific milestones identified in the DA and summarized in Table 4. The first phase would include the following:
• Demolition of existing buildings and installation of backbone infrastructure; • Vertical construction focused on the campus district and residential/mixed-use buildings RS2 (inclusive of the grocery store), RS3 (anticipated to include the entertainment uses), RS6 (residential building adjacent to the park space);
• RS7 (senior BMR building) would begin construction during this phase; • Construction of publicly accessible open spaces, including the elevated park, community park, the town square, which is dependent upon Caltrans right-of-way relinquishment at the existing Hamilton Avenue intersection that would conflict with the below grade garage and • Construction of the hotel, which is also dependent upon Caltrans relinquishment of the existing right-ofway and the completion of the below grade parking structure.

The second phase would include the remainder of the residential buildings (RS4 and RS5) and associated infrastructure (Center and East streets.) The applicant’s conceptual construction phasing timeline (provided during the development agreement negotiation process) is included in Attachment X and represents one possible scenario for the timeline for project buildout. A site plan with the building labels and parcels is included in Attachment Y.

The project development agreement includes negotiated timing for the delivery of the housing units and community amenities in relation to the development timeline. Exhibit D of the DA (Attachment Z) includes a detailed phasing plan and Exhibit F of the DA (Attachment AA) includes a phasing plan for the completion of the community amenities. In response to the Planning Commission’s recommendation, the table below summarizes the phasing and timing of the office buildings, housing units and on-site community amenities.

The project phasing includes the issuance of permits for residential and mixed use buildings in relation to Page G-2.10
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov the office buildings. The phasing includes requirements for substantial progress on the buildings, including completion of the podium (which includes the lower levels and most of the amenity spaces: grocery store, bank, retail, entertainment uses) and completion of the roof framing before the granting of occupancy or permit issuance for specific office buildings. The timing for the amenities in Table 3 includes the timing from occupancy; however, the DA includes additional timing obligations from temporary occupancy to facilitate potential earlier delivery of the amenity. For simplicity, Table 3 references the amenity timing from final certificate of occupancy.

Page G-2.11
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 3: Development agreement phasing timeline
Campus District
component
Non Campus District
component
Residential
units Community amenity Timing for community amenity
Meeting and
Collaboration
Space (MCS)
Start elevated park
concurrent with MCS n/a
Elevated Park and
excess public open
space
Finish excess publicly
accessible open space
concurrent with
Elevated Park
First, Second and
Third office
buildings
Complete structural
podium of RS2
(residential and grocery
uses) and RS6
(residential) before
occupancy of the first
office building; and
Complete roof framing of
RS2 and RS6 before
certificate of occupancy
for second office building
Issue permits for
505 units before
occupancy of
first office
building
Grocery store within
RS2
Finish grocery tenant
improvement 12
months from RS2
building occupancy
Fourth office
building
Commence construction
of residential RS2 and
RS6 before issuance of
building permit for fourth
office building;
Certificate of
occupancy for
RS6 before
occupancy of
fourth office
building
Sixth office
building
Complete construction of
podiums for RS3 and
RS7 before issuance of
building permit for sixth
office building;
539 units
including 119
senior units
within RS3 and
RS7
Bank/credit union;
First phase dining
Second phase dining
First phase
community
entertainment
Second phase
community
entertainment
Certificates of
occupancy of tenant
improvements for
amenities tied to RS3
occupancy but may be
located in any building:
12 months from RS3
occupancy
Nine months from RS3
occupancy
18 months from RS3
occupancy
18 months from RS3
occupancy
24 months from RS3
occupancy
Sixth office
building
Commence construction
of RS4 and RS5 before
occupancy of the sixth
office building
Issue permits for
686 units
Town Square garage Town square
Complete main portion
of Town Square within
12 months of garage
podium; finish town
square within 18
months of completion
of hotel
Page G-2.12
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov In addition to the summary above, Attachment FF includes the negotiated timing for the delivery of the pharmacy services, which includes the following requirements depending on the location of the pharmacy within the project. Since the Planning Commission meeting the City and applicant have worked together to revise the pharmacy language to add that the pharmacy could be located within the grocery store and include timing for providing the pharmacy in that scenario. Per the DA, the applicant shall complete the construction and secure final certificate of occupancy of the pharmacy based on the following requirements:

A. If within the Willow Hamilton retail center (Hamilton Avenue Parcel North), then 12 months after completion of the Elevated Park elevator tower at the Hamilton center; B. If within Willow Village in RS3, then within 12 months after final certification of occupancy (COO) for RS3, but, if a temporary COO has been issued, no later than 22 months after the issuance of a temporary COO for RS3; or
C. If within Willow Village in Office Building O2 Retail (east side of Main), then within 12 months after later of (i) final COO for RS3 to correspond with retail on the west side of Main (but, if a temporary COO has been issued, no later than 22 months after the issuance of a temporary COO for RS3) or (ii) final COO for O2 (but, if a temporary COO has been issued, no later than 22 months after the issuance of a temporary COO for O2)
D. if within Willow Village Parcel 2 in conjunction with the grocery store, then within 12 months after final COO for RS2, but, if a temporary COO has been issued, no later than 16 months from the issuance of a temporary COO for RS2
The DA includes timing for the payment of funding for other amenities based on the timing of issuance of demolition permits, first building permit for vertical construction, and immediately with credits for previous funding. The Bayfront Area shuttle is required to be operational concurrent with the completion of the grocery store and/or the completion of the on-site component of the Elevated Park, whichever is earlier. The DA has been revised to make this timing clear.

The minimum required square footage for the dining and entertainment uses is identified in the DA. The CDP has been revised to identify a minimum grocery store square footage of 35,000 square feet. The bank and pharmacy services do not include a minimum required square footage since banking operations have changed over the last few years and smaller space may be able to provide the same retail banking services as more traditional sized branches. The same space needs are true for pharmacy services.

The Planning Commission recommended that the timing for the provision of community amenities and the office building be more aligned. Following the Planning Commission meeting, the City and the applicant met to discuss potential modifications to align the amenities with the office building construction. No changes were agreed to and the project phasing, with the exception of clarifications remains unchanged.

Community amenities and development agreement
The Office (O), Life Sciences (LS) and Residential Mixed-use (R-MU) zoning districts allow for bonus level development (i.e., increases in height, density and intensity) in exchange for community amenities in the area between Highway 101 and the San Francisco Bay. The community amenities were identified and prioritized through public outreach and input, but the ordinance allows the adopted community amenities list to be updated to reflect evolving community needs and priorities. Amenities not contained in the adopted list may be provided by a specific proposed project through a DA for that project. The required community amenity value is 50 percent of the increase in value of the bonus level development above the base level of the Zoning Ordinance determined through a bonus level development appraisal. Through the appraisal review process, the City determined that the project’s community amenities obligation is $133.3 million (Attachment K.)
Page G-2.13
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov A development agreement (DA) is a negotiated contract between a developer and a city that both allows the city to impose conditions on development projects beyond the city’s municipal code requirements and provides certainty to the developer by limiting the city’s ability to apply changes to regulatory standards and impact fees to the project for a certain period of time. A development agreement must be approved by ordinance. The DA with Peninsula Innovation Partners is for a term of 10 years, which can be extended for an additional seven years if specific provisions are met. The DA includes community amenities and public benefits for the City beyond what is required in the municipal code, as well as deadlines for the developer to construct or provide those community amenities or public benefits. The DA is included in Attachment G.

In addition to the community amenities discussed earlier, the public benefits include requirements for the developer to make payments to the city to offset lost revenue from the hotel in the event of construction delays (i.e., gap payment); ongoing job training and career experience programs; and stakeholder support for Dumbarton Rail Corridor Project and Dumbarton Forward. Terms of the DA that are favorable for the applicant include the term of the DA for vested rights and terms that prohibit the city from requiring developer to pay (i) new impact fees adopted after the development agreement becomes effective, or (ii) increased impact fees unless the increase is based on escalation provisions in effect when the development agreement becomes effective. These impact fee limitations last for the full term of the DA and the first three years of the extended term if an extension is granted.

Planning Commission recommendation on the community amenities and development agreement In addition to a request for clarity on the project phasing and minimum requirements for the dwelling units and square footage of amenities (discussed in the previous section), the Planning Commission requested the following items related to the community amenities and/or development agreement. • Incorporate a guarantee of operation for the community amenities (e.g., grocery store, pharmacy, bank, and air quality and noise monitoring funding, etc.);
• Evaluate and incorporate a longer duration for the grocery store rent subsidy beyond the currently proposed 24 months, potentially up to as many as 60 months; • Modify the timing for the delivery of the community amenities to be more concurrent with the completion of the office square footage;
• Increase funding of $10 million for programs to increase connectivity of the main project site and the surrounding area, including potential additional funding for the proposed Bayfront Area shuttle; and • Require the Bayfront Area shuttle to be electric.

City staff and the applicant team have met to discuss these recommendations by the Planning Commission.

The applicant informed the City that an operational covenant is a nonnegotiable item since the applicant team would be providing the space, the tenant improvements, and for the grocery store a two year rent subsidy which would ensure the amenity uses would be able to open but that the applicant cannot force or guarantee operation of businesses it does not control and that no operator would agree to these provisions.

Regarding additional funding, the applicant indicated that the funding for community amenities is capped at $187,674,419 and if additional funding for longer rent subsidies and connectivity improvements is desired by the City, then the amenities would need to be modified or removed from the proposal to deliver the additional connectivity and rent subsidy requests. Further, the applicant has maintained that the Bayfront shuttle would be electric, if feasible, as determined by the applicant.

Staff initiated changes to the development agreement
The following changes were made to the DA between the Planning Commission hearing and the City Council hearing and were initiated by the City and/or the applicant to provide greater clarity on the terms of the DA:
• Clarified that the grocery store must have a final certificate of occupancy for Developer to receive a DA Page G-2.14
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov extension term.
• At the recommendation of BAE, the City’s economic consultant, the following revisions regarding a potential community facilities district (CFD) under the Mello-Roos Act were made:
• Added a requirement that Developer prepare a financing plan for the City’s approval. • Clarified that if CFDs were not formed, the Developer would still be responsible for the cost of constructing infrastructure and providing services for which the CFD was sought. • Added that financing with CFD Bonds will be subject to City approval. • Added that the amount, timing, and terms of the issuance and sale of CFD Bonds will be determined by City in coordination with financial consultants and bond counsel. • Stated in the text of the DA that the grocery store will be located on parcel 2 rather than referencing a map exhibit.
• Clarified in the text of the DA that there are four possible locations for the pharmacy and/or pharmacy services, and the timing of the pharmacy in all four scenarios are specified in the Willow Village Community Amenities Timing Provisions exhibit.
• Added that the pharmacy could be located within the grocery store and timing for providing the pharmacy in that scenario.
• Clarified that the City would not be responsible for maintaining the segment of the Elevated Park that crosses Willow Road nor the Willow Road Tunnel.
• Clarified that Developer must use good faith efforts to obtain all approvals from governmental agencies necessary to realign Hamilton Avenue (including Caltrans.) • Added a requirement that Developer enter into a Payment in Lieu of Taxes (PILOT) Agreement before selling any property subject to the DA or receiving any building permits for the Project, whichever is sooner, instead of only before receiving any building permit for the Project. • Clarified that the PILOT Agreement obligation does not apply if there is any transfer of the property with the senior affordable housing building.
• Added a requirement that if Developer received a temporary certificate of occupancy for the first office building, Developer must complete the structural podium of RS2 and RS6 within 120 days of the issuance of the temporary certificate of occupancy.
• Added a requirement that the Bayfront Shuttle would be operational at the opening of the Grocery Store in the unlikely event that it opens before the completion of the Elevated Park. • Added definitions of RS2, RS3, RS4, RS5, RS6, and RS7 in the Willow Village Phasing Plan.

BMR ordinance and BMR Guidelines
The City’s BMR Housing Program Guidelines requires a minimum of 15 percent of the proposed dwelling units for residential development projects with 20 or more units be set aside for low-income households or an equivalent alternative. The proposed project includes commercial retail and office spaces that would be required to provide BMR housing units on site or off site, or and/or pay the commercial linkage fee. The applicant is proposing 312 BMR units, inclusive of the 260 inclusionary units and 52 units associated with the non-residential square footage (inclusive of credits for existing commercial square footage.) The applicant is proposing to allocate 119 BMR units to a standalone affordable residential building dedicated to seniors (either 55 or 62 and up depending on financing requirements.) The applicant’s BMR proposal is included in Attachment BB. The proposed age-restricted BMR units would be dedicated to extremely low and very low income seniors and would be mostly studios and one bedroom units. Table 4 summarizes the BMR units by size and income.

Page G-2.15
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 4: BMR income and unit size breakdown at full buildout Category Area median
income limit
Number of
units
Studi
os
One
bedrooms
Two
bedrooms
Three
bedrooms
Extremely low (senior) 30% 82 74 8 0 0
Very low (senior) 50% 37 33 4 0 0
Low (non-age
restricted) 80% 76 17 35 23 3
Moderate (non-age
restricted) 120% 117 30 50 32 3
Total units 312 154 97 55 6
On August 3, 2022 the Housing Commission reviewed the BMR proposal and voted 6-0 to recommend approval of the applicant’s BMR proposal with the income limits, distribution, and unit sizes outlined in Table 4 and contained in the draft BMR Agreements (Attachments H.) The BMR agreements would result in a project that meets the inclusionary and commercial linkage requirements at full build out with modifications to the City’s proportionality and location requirements. During the phased development there may be times when the on-site BMR units are below the minimum requirements; however, upon completion of the standalone senior building the proposed project would comply with minimum BMR requirements. Section 13 of the BMR Guidelines allow for the City to approve reasonably equivalent alternatives to the characteristics of the proposed BMR units and the affordability mix.

Planning Commission recommendation
The Planning Commission requested the City prepare additional analysis of the senior standalone building to ensure that the cost and value of the standalone building are equivalent to inclusionary units. City staff believes that the intent of this request is to ensure that the applicant spends the same amount of money per unit (cost) for the senior buildings as it would with an inclusionary project or potentially provide the balance of the cost to the City by another means. City staff also believes that the intent of the request is for the value of the senior buildings to be comparable to inclusionary units. The City’s BMR guidelines do not speak to the funding component of the BMR units and focus on delivery of the units. The proposed project would provide the minimum number of required BMR units for both the inclusionary and commercial linkage fee unit requirements and would comply with the BMR guidelines and ordinance subject to the modifications in the CDP to the proportionality and location of the BMR units.

The decision to approve the modification requests for the BMR units (proportionality and location) is a policy decision of the City Council that should not take into account the financing structure for the senior BMR units. Through the agreements, the City will not provide any of its BMR funds to help the applicant meet its BMR obligation.

BMR agreements
The project approvals include a project wide BMR agreement which will be recorded against the entire Project site. The project wide BMR agreement requires that once a parcel or final map is recorded which identifies the non-residential (i.e., office) parcels within the Project site, those non-residential parcels are released from the project wide BMR agreement. Each residential parcel will remain subject to the project wide BMR agreement until a regulatory agreement is recorded against it. Regulatory agreements must be recorded before issuance of building permits for reach of the residential buildings. The regulatory agreements recorded against each of the residential parcels ensure the development and lease of required BMR units for a period of 55 years. The regulatory agreements prescribe maximum rents, tenant eligibility and reporting requirements. If any parcel or portion of the Project site is sold or transferred, the buyer or Page G-2.16
Staff Report #: 22-227-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov transferee assumes all obligations under either the project wide BMR agreement or regulatory agreement, depending upon which is recorded against the sold or transferred parcel.

Correspondence
Since the November 3, 2022 Planning Commission meeting, staff and the City Council email log have received 21 letters, including 19 letters in support, 1 in opposition, and a letter from the City of East Palo relaying its concerns. The correspondence is included in Attachment CC.

Conclusion
The City Council should consider the Planning Commission’s recommendation including its recommended modifications and determine whether to certify the EIR and approve the requested land use entitlements and adopt the resolutions and introduce ordinances to enable the proposed project. The City Council will need to consider the environmental analysis, the merits of the proposed project, the comprehensive redevelopment through the CDP, the provision of BMR units, and the community amenities and public benefits in the DA.

Impact on City Resources
The applicant is required to pay planning, building and public works permit fees, based on the City’s Master Fee Schedule, to fully cover the cost of staff time spent on the review of the proposed project. The applicant is also required to fully cover the cost of work by consultants performing environmental review and additional analyses to evaluate potential impacts of the proposed project.

Environmental Review
As stated in the CEQA Guidelines, an EIR is an informational document that is intended to provide the City, responsible and trustee agencies, other public agencies, and community members with detailed information about the potential environmental effects that could result from implementing the proposed project, examine and implement mitigation measures to reduce or avoid potentially significant physical environmental impacts if the proposed project is approved, and consider feasible alternatives to the proposed project, including a required No Project Alternative. The Final EIR, which includes the Draft EIR by reference, is included through the hyperlink in Attachment DD.

The City released the Draft EIR for public review and comment April 8, 2022. The comment period closed May 23, 2022. A detailed summary of the environmental analysis, including the significant impacts, the response to comments, the project variants, and project alternatives is contained within the Planning Commission staff report (Attachment M)
As part of its consideration of the merits of the project, the City Council will need to review and consider the Statement of Overriding Considerations (SOC) along with the Mitigation Monitoring and Reporting Program (MMRP.) The draft resolution certifying the EIR, making the CEQA findings inclusive of the SOC and the MMRP is included in Attachment B. The draft SOC outlines the following public benefits of the project, inclusive of the benefits derived from the community amenities and development agreement: economic benefits, and social benefits. The MMRP includes the feasible mitigation measures identified in the EIR.

This Mitigation Monitoring and Reporting Program (MMRP) is designed to aid the City of Menlo Park in its implementation and monitoring of measures adopted from the certified EIR.

Errata to the Final EIR
Following release of the Final EIR the City initiated three errata to the Final EIR that are included in Attachment EE.

Page G-2.17
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov The Final EIR include revisions to the Draft EIR to update mitigation measure numbering. In one location, the mitigation measure reference was not updated consistent with the revisions to other references to mitigation. The revised Section 3.8, Cultural Resources that was included in the Final EIR contained text that stated that Mitigation Measure CR 2.2 would apply to the Hamilton parcels. However, Mitigation Measure CR 2.2 was replaced with Tribal Cultural Resources (TCR) 1.2, as indicated elsewhere in the same paragraph and the text has been updated in an errata.

In response to a comment letter from the Amah Mutsun Tribal Band of San Juan Bautista on the Final EIR that raised concerns with the focus and scope of the ethnographic context and not the EIR mitigation measures, the City reached out to the Amah Mutsun Tribal Band of San Juan Bautista and the Muwekma Ohlone Tribe of the San Francisco Bay Area to request additional written ethnographic context for those two tribes and to offer interviews with ECORP consulting to inform the ethnographic context of the Tribal Cultural Resources chapter of the EIR. The errata to the Tribal Cultural Resources chapter is included in Attachment FF. This second errata does not affect the mitigation measures or findings of the EIR and includes additional ethnographic context for these two additional Native America Tribes only. The City reached out to these two Native America Tribes since these Tribal Nations had been consulting with the City on the proposed project.

The third errata to the Final EIR addresses an inconsistency in the Draft EIR between Mitigation Measure TRA-2 as provided in the Executive Summary and as provided in Section 3.3, Transportation. The mitigation measure in the executive summary references active ITE trip generation, while the measure in the transportation section references gross ITE trip generation. The version of the mitigation measure in the Executive Summary was corrected in Chapter 4 of the Final EIR through referencing revisions as shown for Section 3.3. However, the version of the Mitigation Measure in Section 3.3 of the Draft EIR is correct and did not require revisions.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within a ¼ miles radius of the subject property.

Attachments
A. Planning Commission Resolution recommending the City Council adopt a resolution to 1) certify the final environmental impact report (Final EIR), make the CEQA Findings, including the Statement of Overriding Considerations for significant and unavoidable impacts, and approve the mitigation monitoring and reporting program (MMRP), 2) adopt a resolution to amend the General Plan Circulation Element, 3) adopt resolutions to approve the vesting tentative maps for the proposed project, read the title, and waive further reading of ordinances to 4) amend the City zoning map, rezone the project site from R-MU-B and O-B to R-MU-B-X and O-B-X to include the “X” Conditional Development overlay, and approve the CDP and 4) adopt the development agreement, and 5) adopt a resolution to approve the BMR housing agreements for the proposed Willow Village masterplan project B. Resolution certifying EIR and adopting CEQA Findings and Statement of Overriding Considerations C. Resolution amending General Plan Circulation Map
D. Resolution approving vesting tentative map for the Main project site (includes conditions) E. Resolution approving vesting tentative map for the Hamilton Avenue parcels (includes conditions) F. Ordinance rezoning main project site, amending the zoning map and approving a CDP G. Draft Ordinance adopting the development agreement
H. Resolution approving the BMR housing agreements
Page G-2.18
Staff Report #: 22-227-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov I. Hyperlink – HNA: menlopark.gov/files/sharedassets/public/communitydevelopment/documents/projects/under-review/willow-village/draft-eir/appendix_3.13_housing-needsassessment.pdf J. Hyperlink – FIA: menlopark.gov/files/sharedassets/public/communitydevelopment/documents/projects/under-review/willow-village/october-2022/20221011-willow-villagemaster-plan-fia-report.pdf K. Hyperlink – Community amenities appraisal for bonus level development:
menlopark.gov/files/sharedassets/public/community-development/documents/projects/underreview/willow-village/september-2022/20210917-community-amenities-appraisal-report-for-bonus-leveldevelopment.pdf L. Hyperlink – Community amenities proposal evaluation:
menlopark.gov/files/sharedassets/public/community-development/documents/projects/underreview/willow-village/september-2022/20220427-community-amenities-proposal-city-evaluation.pdf M. Planning Commission staff report
N. Hyperlink – November 3 Planning Commission agenda and staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/planning-commission/2022- meetings/agendas/20221103-continuance-of-20221024-public-hearing.pdf O. Location map
P. Project milestones and meeting summary
Q. Master plan site plan
R. Hyperlink – master plan project plans: menlopark.gov/files/sharedassets/public/communitydevelopment/documents/projects/under-review/willow-village/october-2022/masterplan-plan-set.pdf S. TDM modification request
T. Campus District Trip Cap Policy
U. TDM Plan and Monitoring Plan
V. Hyperlink – main project site vesting tentative map: menlopark.gov/files/sharedassets/public/communitydevelopment/documents/projects/under-review/willow-village/october-2022/vesting-tentative-map-andmajor-subdivision-main-site.pdf W. Hyperlink – Hamilton Avenue parcels vesting tentative map:
menlopark.gov/files/sharedassets/public/community-development/documents/projects/underreview/willow-village/october-2022/vesting-tentative-map-and-subdivision-hamilton-avenuerealignment.pdf X. Conceptual Willow Village construction phasing timeline Y. Willow Village buildings and parcels reference from plans and DA Z. Exhibit D to the DA (project phasing)
AA. Exhibit F to the DA (amenities phasing)
BB. Willow Village BMR Housing Proposal
CC.Correspondence
DD.Hyperlink Final EIR: menlopark.gov/files/sharedassets/public/communitydevelopment/documents/projects/under-review/willow-village/final-eir/willow-village-master-plan-final-eir.pdf EE.Errata to Final EIR
FF.Tribal Cultural Resources Chapter Errata
Report prepared by:

Kyle Perata, Planning Manager
Report reviewed by:

Deanna Chow, Assistant Community Development Director
Anna Shimko, Assistant City Attorney
Page G-2.19
1 Resolution No. XXX
PLANNING COMMISSION RESOLUTION NO. 2022-31________

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MENLO PARK RECOMMENDING CITY COUNCIL CERTIFY THE

ENVIRONMENTAL IMPACT REPORT, MAKE CEQA FINDINGS OF FACT

AND ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS,

ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM,

AND APPROVE A GENERAL PLAN AMENDMENT, ZONING MAP

AMENDMENT, REZONE OF CERTAIN PROPERTIES TO ADD A
CONDITIONAL DEVELOPMENT (“X”) COMBINING DISTRICT, AND

APPROVE WITH RECOMMENDED MODIFICATIONS A CONDITIONAL

DEVELOPMENT PERMIT, BELOW MARKET RATE HOUSING

AGREEMENTS, VESTING TENTATIVE MAPS, AND DEVELOPMENT
AGREEMENT FOR UP TO 1.6 MILLION SQUARE FEET OF OFFICE AND ACCESSORY USES, UP TO 1,730 MULTIFAMILY DWELLING UNITS, UP TO 200,000 SQUARE FEET OF RETAIL USES, AN UP TO 193 ROOM HOTEL,

AND ASSOCIATED OPEN SPACE AND INFRASTRUCTURE
WHEREAS, the City of Menlo Park (“City”) received an application requesting an amendment to the General Plan Circulation Element (“General Plan”), zoning map amendment, rezoning certain properties to add a Conditional Development (“X”) Combining District, a conditional development permit (“CDP”), below market rate (“BMR”) housing agreements, vesting tentative maps, and Development Agreement from Peninsula Innovation Partners, LLC (“Applicant”), to redevelop an approximately 59-acre industrial site (the “Main Project Site”) plus three parcels (within two sites) west of Willow Road (the “Hamilton Parcels” and collectively, with the Main Project Site, the “Project Site”) with a bonus level development project consisting of up to 1.6 million square feet of office and accessory uses (a maximum of 1,250,000 square feet for office uses and the balance accessory uses), up to 1,730 multifamily dwelling units, up to 200,000 square feet of retail uses, an up to 193-room hotel, and associated open space and infrastructure (“Project”); and WHEREAS, the Project requires discretionary actions by the City, and therefore the California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, Section 15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and WHEREAS, on November 29, 2016, in connection with an update to the Land Use and Circulation Elements of the City’s General Plan and related zoning changes, commonly referred to as the ConnectMenlo project, the City certified the ConnectMenlo Final EIR (ConnectMenlo EIR); and WHEREAS, in connection with the certification of the ConnectMenlo EIR, the City entered into a settlement agreement with the City of East Palo Alto (“Settlement Agreement”), which requires project-specific environmental impact reports (EIR) for certain future projects. Pursuant to the Settlement Agreement: (i) a project-specific EIR may tier from the ConnectMenlo EIR, and the project-level EIR shall include a project-specific transportation impact analysis; and (ii) the City shall prepare a housing needs assessment (HNA) to inform the population and housing topic area of the project-level EIR; and
ATTACHMENT A Page G-2.20
2 WHEREAS, the City is the lead agency for the Project, as defined in CEQA and the CEQA Guidelines, and therefore is responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and
WHEREAS, pursuant to the requirements of the Settlement Agreement and CEQA, the City prepared, or caused to be prepared, a project-level EIR (SCH: 2019090428), including a transportation impact analysis, and an HNA for the Project that informed the population and housing section of the Project EIR, and meets the requirements of the Settlement Agreement; and WHEREAS, the City released a Notice of Preparation (“NOP”) of an Environmental Impact Report for the Project (“Project EIR” or “EIR”) to the Office of Planning and Research (“OPR”) State Clearinghouse and interested agencies and persons on September 18, 2019, for a 30-day review period, during which interested agencies and the public could submit comments about the Project; and WHEREAS, the City held a public scoping meeting on the Project EIR on October 7, 2019; and
WHEREAS, comments on the NOP were received by the City and considered during preparation of the Draft Project EIR; and
WHEREAS, a Notice of Availability (“NOA”) was issued and the Draft Project EIR made available for public review on April 8, 2022, for a 45-day public review period through May 23, 2022; and
WHEREAS, the Draft Project EIR was filed with the California Office of Planning and Research and copies of the Draft Project EIR were made available on the City’s website and at the City Main Library and the Belle Haven Branch Library; and WHEREAS, a public hearing was held before the Planning Commission of the City of Menlo Park (Planning Commission) on April 25, 2022, to receive public comments on the Draft Project EIR; and
WHEREAS, the analysis in the Draft Project EIR tiered from the ConnectMenlo EIR pursuant to Public Resource Code Sections 21166 and CEQA Guidelines Sections 15152, 15162, 15168, and 15183, as appropriate, and as further described in each environmental topic section in the Draft Project EIR; and
WHEREAS, on October 14, 2022, the City published a Response to Comments Document that contains all the comments received on the Draft Project EIR during the public comment period, including a transcript of the public hearing, and written responses to those comments, as well as text changes to the EIR, prepared in accordance with CEQA and the CEQA Guidelines. The Draft Project EIR and Response to Comments Document constitute the Final Project EIR; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, after notice having been lawfully given a duly noticed public hearing was held before the Planning Commission on October 24, 2022, at which all persons interested had the opportunity to appear and comment; and
Page G-2.21
3 WHEREAS, the Planning Commission reviewed the comments received and the responses thereto; and
WHEREAS, the Final Project EIR identified certain potentially significant adverse effects on the environment caused by the Project; and
WHEREAS, an amendment to the General Plan Circulation Map, as shown in Attachment A, attached hereto and incorporated herein by this reference, is necessary to modify the circulation plan with regard to the locations for new street connections to the surrounding roadway network as well as the locations of public rights-of-way and a proposed multi-use pathway within the Main Project Site; and
WHEREAS, the requested amendment would further the goals of the General Plan; and WHEREAS, an amendment of the City zoning map is necessary to modify the circulation plan with regard to the locations for new street connections to the surrounding roadway network as well as the locations of public rights-of-way within the Main Project Site as shown in Exhibit A to Attachment B, attached hereto and incorporated herein by this reference; WHEREAS, rezoning of the Main Project Site as shown in Exhibit A to Attachment B requires adding a conditional development (“X”) combining district, thereby allowing special regulations and conditions to be added at the Main Project Site (combined with the base O-B and R-MU-B regulations) as part of the proposed Project;
WHEREAS, the Applicant has specifically requested that the parcels identified in Exhibit B to Attachment B are rezoned to O-B-X to add an X combining district and the parcels identified in Exhibit C to Attachment B are rezoned to R-MU-B-X to add an X combining district.

WHEREAS, the Project is eligible for a CDP under Menlo Park Municipal Code section

16.82.055(1) in that the Main Project Site is more than one acre and is not located in the SP-ECR/D district;
WHEREAS, approving the CDP, a draft of which is attached hereto as Attachment C, is necessary to authorize development of the Project on the Main Project Site, including variants of the Project, including to authorize certain modifications to the requirements of the O and R-MU zoning districts for the Project in accordance with Municipal Code Section 16.82.050, authorize a master planned project in accordance with Municipal Code Sections 16.43.055 and 16.45.55, authorize bonus level development and require the provision of community amenities in accordance with Municipal Code Sections 16.43.060 through .070 and 16.45.60 through 70, approve uses identified in the Conditional Development Permit in accordance with Menlo Park Municipal Code sections 16.43.020 through .040, 16.45.020 through .040, and 16.78.030, approve waivers to Bird Friendly Design requirements pursuant to Municipal Code Sections 16.43.140(6) and 16.45.130(6), approve modifications to the City’s transportation demand management plans and trip reductions in accordance with Municipal Code Sections 16.43.100 and 16.45.90, establish a procedure for approval of a future master sign program that would establish signage standards and guidelines and also set maximum sign areas by parcel or building, establish protocols for events, outdoor seating, and sale of beer, wine, and alcohol, approve emergency diesel generators, establish construction hours and construction noise exceptions, and approve an exception to the unbundled parking requirement pursuant to Municipal Code Section 16.45.080(1);
Page G-2.22
4 WHEREAS, the proposed amendment of the City zoning map and rezoning of the Main Project Site, as shown in Exhibit A to Attachment B, and approval of the CDP, would promote a mixed-use live/work/play environment through the inclusion of multifamily housing, including affordable residential units, along with office, retail, hotel and recreational uses at the density and intensity envisioned in the General Plan;
WHEREAS, the proposed amendment of the City zoning map and rezoning of the Main Project Site, as shown in Exhibit A to Attachment B and the CDP are consistent with the General Plan, including the land use designations for the Main Project Site; WHEREAS, General Plan Policy LU-4.7 requires proposed mixed-use and nonresidential development of a certain minimum scale to be evaluated for its fiscal impacts on the City and the community; and
WHEREAS, the City had its consultant, BAE Urban Economics, prepared a fiscal impact analysis pursuant to General Plan Policy LU-4.7 that the Community Development Director reviewed and determined was prepared pursuant to professional standards and based on correct data and assumptions and which showed that the Project would have a positive fiscal impact on the City and community; and
WHEREAS, General Plan Policy LU-4.4 and Program LU-4.C and Sections 16.43.060 and

16.45.060 of the City of Menlo Park Municipal Code requires that bonus level projects that are developed at a greater level of intensity with an increase in density, floor area ratio (FAR), and/or height shall provide one or more community amenities to address the needs that result from the effect of the increased development. The value of the community amenities to be provided shall be equal to 50 percent of the fair market value of the additional gross floor area of the bonus level development; and
WHEREAS, pursuant to the requirements of Sections 16.43.070 and 16.45.070 of the City of Menlo Park Municipal Code, the City commissioned Fabbro Moore & Associates, Inc. to perform an independent review of an appraisal produced by Valbridge Property Advisors and determine the value of the Project’s community amenities contribution. In a report titled “Community Amenities Appraisal Report Review,” Fabbro Moore & Associates determined the Project’s community amenities obligation would amount to $133,300,000. The Community Development Director determined that the appraisal was created pursuant to the City’s guidelines and approved the appraisal; and
WHEREAS, in May and August 2022, the City Council held study sessions, received public comments, and provided feedback on the Applicant’s community amenities proposal, and helped to shape the community amenities offered by the Applicant; and WHEREAS, in August 2022, the Applicant submitted a community amenities proposal with the following features: grocery store space, two-year grocer space rent subsidy, pharmacy services, dining options, community entertainment offerings, bank or credit union, elevated park improvements, town square improvements, teacher housing and rent subsidies, excess public open space, open space operations and maintenance, funding for job training programs, Bayfront area shuttle, funding for Willow Road feasibility study, funding for additional affordable housing, and funding for the installation of air quality and noise monitors in Belle Haven. Some of these amenities are on a list of City Council-adopted community amenities and some are unique to the Project, as documented in the Development Agreement. These community amenities are valued at $187,674,410 Page G-2.23
5 according to the City’s consultant, BAE Urban Economics, which would exceed the required amenities value of $133,300,000; and
WHEREAS, pursuant to the requirements of Sections 16.45.060, 16.96.020, and 16.96.030 of the City of Menlo Park Municipal Code and the City’s Below Market Rate (“BMR”) Housing Program, the applicant submitted a BMR proposal that would provide 312 BMR units (15 percent of the allowed 1,730 units totaling 260 inclusionary units plus 52 units that satisfy the City’s commercial linkage/unit equivalency requirement for 1.6 million square feet of office space), where 82 units would be affordable to extremely low income households (age-restricted for seniors); 37 units would be affordable to very low income households (age-restricted for seniors), 76 units would be affordable to low income households (not age-restricted), and 117 units would be available to moderate income households (not age-restricted); and
WHEREAS, at a duly noticed public meeting on August 3, 2022, the Housing Commission considered the applicant’s BMR proposal, including a requested adjustment to BMR Housing Program Guidelines Section 5.1 regarding the size and dispersion of BMR units, and draft BMR Housing Agreement Term Sheet, and forwarded a recommendation of approval to the Planning Commission of the proposed BMR Term Sheet; and
WHEREAS, there is a deficit of affordable housing for seniors in the City, and concentrating senior housing in one designated building provides the most feasible option for affordability. In addition, the typical lifestyle needs of senior residents supports a higher percentage of senior affordable studio apartments as compared to the percentage of studio apartments in the Project as a whole. Constructing affordable senior housing serves the purpose of the BMR Housing Program, which is to increase the housing supply for households that have extremely low, very low, low- and moderate-incomes compared to the median income for San Mateo County; and WHEREAS, the Planning Commission has read and considered those certain Below Market Rate Housing Agreements (“BMR Agreements”) between the City and Peninsula Innovation Partners and finds that those satisfy the requirements in Chapter 16.96 of the City’s Municipal Code and in the BMR Housing Program Guidelines, except as modified by the CDP, and would result in affordable housing that meets the City’s affordable housing goals and result in a BMR program for the Project with characteristics that are a reasonably equivalent alternative to a program that strictly complied with the BMR Housing Program Guidelines; and
WHEREAS, an “A” Vesting Tentative Parcel Map creating legal non-buildable parcels for financing and conveyancing purposes and the construction of project-serving infrastructure improvements is proposed for the Main Project Site; and WHEREAS, a Vesting Tentative Subdivision Map for a subdivision is proposed for the Hamilton Avenue realignment proposed as part of the Project (“Hamilton VTM”); and WHEREAS, the Project would be developed subject to a Development Agreement that provides the City certain benefits including certain community amenities and provides the Applicant certainty for developing the Project. Pursuant to Government Code section 65864 et seq. and City Resolution No. 4159, the Planning Commission has reviewed the Development Agreement; and WHEREAS, all required public notices and public hearings were duly given and held according to law; and
Page G-2.24
6 WHEREAS, after notice having been lawfully given, a duly noticed public hearing was held before the City Planning Commission on October 24, 2022 and continued to November 3, 2022, at which all persons interested had the opportunity to appear and comment; and WHEREAS, after closing the public hearing, the Planning Commission considered all public and written comments, pertinent information, documents and plans an all other evidence in the public record on the Project; and
WHEREAS, the Planning Commission fully reviewed, considered, evaluated, and recommended certification of the Final EIR, along with all public and written comments, pertinent information, documents and plans prior to recommending that the City Council approve an amendment to the General Plan, zoning map amendment, the rezoning of certain properties to add a Conditional Development (“X”) Combining District, a CDP, BMR housing agreements, vesting tentative maps, and Development Agreement, with the following recommended modifications:

1. Incorporate a guarantee of operation for the community amenities (e.g. grocery store, pharmacy, bank, air quality monitoring installation, etc.);

2. Evaluate and incorporate a longer duration for the grocery store rent subsidy beyond the currently proposed 24 months, potentially up to 60 months;

3. Clarify the minimum required development potential (e.g. number of dwelling units, size of grocery store, etc.);

4. Modify the timing for the delivery of the community amenities to be more concurrent with the completion of the office square footage;

5. Provide additional financial analysis of the cost and/or value of the senior standalone below market rate housing building;

6. Reduce daily trips from the main project site by 1,000 or reduce office parking spaces commensurately;

7. Increase funding of $10 million for programs to increase transportation connectivity of the main project site and the surrounding area, including potential additional funding for the proposed Bayfront Area shuttle; and

8. Require the Bayfront Area shuttle to be fully electric.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED that the Planning Commission finds that the above recitals together with the staff report and the application materials, including without limitation, the EIR, and all other documents, reports, studies, memoranda, maps, oral and written testimony, and materials in the City’s file for the applications and the Project, and all adopted and applicable City planning documents related to the Project and the Project Site and all associated approved or certified environmental documents, have together served as an adequate and appropriate evidentiary basis for the recommendations set forth in this resolution.

Page G-2.25
7 BE IT FURTHER RESOLVED that the Planning Commission makes the following findings and recommendations:

1. CEQA. The Planning Commission, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, finds:
a. The Final Project EIR was prepared in compliance with CEQA and provides adequate, good faith, and reasoned responses to the comments. b. Pursuant to Public Resources Code section 21082.1(c)(3), the Final Project EIR reflects the City’s independent judgment as the lead agency for the Project and is supported by substantial evidence.
c. Where more than one reason for approving the Project and rejecting alternatives is given in its findings or in the record, and where more than one reason is given for adopting the Statement of Overriding Considerations, the Planning Commission would have made its recommendation on the basis of any one of those reasons.
d. Based on the findings in Attachment D, for the reasons stated therein and incorporated fully here, despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, and other considerations for approving the Project that justify the occurrence of those impacts.

Having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, the Planning Commission recommends that the City Council vote to certify the Final Project EIR, make the findings required by CEQA, adopt the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program (“MMRP”) in a form substantially consistent with Attachment D to this resolution, and approve the Project.

2. General Plan Amendment. An amendment to the General Plan Circulation Map is necessary to modify the circulation plan with regard to the locations for new street connections to the surrounding roadway network, as well as the locations of public rights-of-way and a proposed multi-use pathway within the Main Project Site; and.

The proposed general plan amendment is consistent with the ConnectMenlo General Plan goals, policies, and programs, including Policy LU-1.2 which states, “Integrate regional land use planning efforts with development of an expanded transportation network focusing on mass transit rather than freeways, and encourage development that supports multimodal transportation. The proposed amendment is also consistent with the policies under Goal CIRC-2, which states, “Increase accessibility for and use of streets by pedestrian, bicyclists, and transit riders,” and Goal CIRC-4, which states, “Improve Menlo Park’s overall health, wellness, and quality of life through transportation enhancements.” The new roadway connections to the surrounding roadway network and the proposed paseos and multi-use pathways will provide new routes for bicyclists and pedestrians through the Main Project Site, encouraging the use of multimodal transportation. The paseos and multi-use pathways will increase accessibility and use of Page G-2.26
8 the streets by pedestrians and bicycles, and the proposed roundabout connection will provide an additional to the Main Project Site for bicyclists, pedestrians, and vehicles.

The Planning Commission thus recommends that the City Council adopt a resolution approving the amendment to the General Plan Circulation Map.

3. Zoning Map Amendment and Rezoning. The zoning map amendment and proposed X Combining District is consistent with the General Plan, which allows the uses permitted in the combining district at the density and intensity proposed and encourages the type of live/work/play environment promoted by the X combining district in the Bayfront area. The Planning Commission thus recommends that the City Council adopt an ordinance approving the Zoning Map Amendment and X Combining District.

4. CDP. In accordance with Municipal Code Sections 16.82.030, 16.78.020, and

16.82.440, the CDP, including all uses permitted therein, would be consistent with the General Plan and would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the Project, would not be unreasonably incompatible with uses permitted in surrounding areas, and would not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. In addition, public convenience or necessity would be served by the issuance of licenses to sell alcohol contemplated by the CDP, and the outdoor seating contemplated by the CDP would maintain unimpeded pedestrian access on the public right-of-way. The Planning Commission thus recommends that the City Council adopt an ordinance approving the CDP with the recommended modifications to the TDM requirement and trip reduction.

5. BMR Agreements. The BMR Agreements satisfy the requirements in Chapter 16.96 of the City’s Municipal Code and the applicable BMR Housing Program Guidelines, as amended by the CDP. The request to modify BMR Housing Program Guidelines Section 5.1 to allow affordable senior housing to be located in a single building rather than distributed through all residential buildings and to have a higher percentage of studio apartments than the Project as a whole supports the City’s need for affordable senior housing. The Planning Commission finds that the deviations from BMR Housing Program Guidelines Section 5.1 meet the requirement of BMR Housing Program Guidelines Section 13, which allows the City Council to approve a BMR proposal and ensuing Agreement(s) that is not consistent with every section of the BMR Housing Program Guidelines where the deviation results in the proposal providing a reasonably equivalent alternative that is commensurate with the goals of the BMR Housing Program Guidelines. The Planning Commission recommends that the City Council waive the BMR Housing Program Guidelines’ distribution and size requirements of Section 5.1, as well as adjust the preference criteria of Section 8.1, to allow for the senior affordable housing, consistent with the CDP, to promote the construction of needed affordable senior housing. The Planning Commission recommends that the City Council approve applicant’s BMR proposal and the BMR regulatory Agreements, including an agreement for the non-age restricted BMR units, and an agreement for the age restricted (senior affordable housing) BMR units in a form substantially Page G-2.27
9 consistent with the Agreements attached hereto as Attachment E to this resolution, and direct the City Manager to execute the BMR Agreements on behalf of the City.

6. “A” Vesting Tentative Parcel Map. Subject to final approval by the City Council of the above rezoning, approval of the “A” Vesting Tentative Parcel Map consistent with the requirements of the Subdivision Map Act and City of Menlo Park Municipal Code Section 15.20.050:
a. The proposed “A” Vesting Tentative Parcel Map for the Main Project Site is technically correct and in compliance with all applicable State regulations, City General Plan, Zoning and Subdivision Ordinances, and the State Subdivision Map Act.
b. The proposed “A” Vesting Tentative Parcel Map for the Main Project Site, including the contemplated design and improvements, is consistent with applicable General Plan goals and policies, in particular the goals for the Bayfront Area set forth in the General Plan. The Project is consistent with the land use designations described in the General Plan and would be consistent with City General Plan policies as well as City Zoning Ordinance requirements for masterplanned projects at the proposed density and for the types of use. c. The Project Site is physically suitable for the proposed master-planned development, including the proposed density of development, and the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat. The Project is consistent with the density and uses for the site set forth in the General Plan. The Project Site is in a heavily urbanized area of the City currently occupied by developed/landscaped areas that include various urban uses and does not include any aquatic habitat. The Project would not cause substantial environmental damage to the already disturbed Project Site and would not substantially injure the limited wildlife that access the site or their habitat. d. The design of the subdivision or types of improvements is not likely to cause serious public health or safety problems. The Project would comply with the General Plan’s goals and policies, City Zoning and Subdivision Ordinances, and other applicable regulations designed to prevent serious health or safety problems. e. The design of the subdivision or the type of improvements does not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision because alternate easements for access or use will be provided that are substantially equivalent to ones previously acquired by the public.
f. The Project is subject to flood and inundation hazards and is not located within a slide area. The Project Site is located within the 100-year flood hazard zone.

However, the contemplated Project design and improvements will be elevated so as to mitigate flood hazards, and the Project would comply with applicable requirements designed to mitigate flood hazards as well as address future sea level rise.

Page G-2.28
10 Based on the above findings, the Planning Commission recommends that the City Council approve the “A” Vesting Tentative Parcel Map in a form substantially consistent with Attachment F.

7. Hamilton VTM. The Hamilton VTM meets the requirements of the Subdivision Map Act and City of Menlo Park Municipal Code Section 15.20.050:
a. The Hamilton VTM is technically correct and in compliance with all applicable State regulations, City General Plan, Zoning and Subdivision Ordinances, and the State Subdivision Map Act.
b. The proposed Hamilton VTM, including the contemplated design and improvements, is consistent with applicable General Plan goals and policies, in particular the goals for the Bayfront Area set forth in the General Plan. The Project is consistent with the land use designations described in the General Plan and would be consistent with City General Plan policies as well as City Zoning Ordinance requirements for master-planned projects at the proposed density and for the types of use.
c. The Project Site is physically suitable for the proposed master-planned development, including the proposed density of development, and the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat. The Project is consistent with the density and uses for the site set forth in the General Plan. The Project Site is in a heavily urbanized area of the City currently occupied by developed/landscaped areas that include various urban uses and does not include any aquatic habitat. The Project would not cause substantial environmental damage to the already disturbed Project Site and would not substantially injure the limited wildlife that access the site or their habitat. d. The design of the subdivision or types of improvements is not likely to cause serious public health or safety problems. The Project would comply with the General Plan’s goals and policies, City Zoning and Subdivision Ordinances, and other applicable regulations designed to prevent serious health or safety problems. e. The design of the subdivision or the type of improvements does not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision because alternate easements for access or use will be provided that are substantially equivalent to ones previously acquired by the public.
f. The Project is subject to flood and inundation hazards but is not located within a slide area. The Project Site is located within the 100-year flood hazard zone.

However, the contemplated Project improvements will be designed to comply with applicable requirements that mitigate flood hazards as well as address future sea level rise.

Page G-2.29
11 Based on the above findings, the Planning Commission recommends that the City Council approve the Hamilton VTM in a form substantially consistent with Attachment G.

8. Development Agreement. The Planning Commission has reviewed and considered the draft Development Agreement, attached as Attachment G, as well as the analysis and facts set forth above, the staff report, EIR, other supporting documents, and public testimony and based on this information makes the following findings:
a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. b. The Development Agreement is compatible with the uses authorized in and the regulations prescribed for the O-B-X, R-MU-B-X, and C-2-S districts in which the Project Site will be located.
c. The Development Agreement is in conformity with public convenience, general welfare and good land use practices.
d. The Development Agreement will not be detrimental to the health, safety and general welfare of the City or the region surrounding the City. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values within the City.
f. The Development Agreement will promote and encourage the development of the Project by providing a greater degree of certainty with respect thereto. g. The Development Agreement will result in the provision of public benefits by the Applicant, including, but not limited to, financial commitments.

The Planning Commission thus recommends that the City Council approve the Development Agreement in a form substantially consistent with Attachment H to this resolution with recommended modifications to the operation of community amenities, timing for delivery of amenities, and overall uses and funding, and direct the City Manager to execute the Development Agreement on behalf of the City.

SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.
//
//
//
Page G-2.30
12 I, Deanna Chow, Assistant Community Development Director of Menlo Park, do hereby certify that the above and foregoing Planning Commission Resolution was duly and regularly passed and adopted at a meeting by said Planning Commission on the 3rd day of November, 2022, by the following votes:

AYES: Barnes, DeCardy, Do, Harris, Riggs, Tate
NOES: None
ABSENT: Shindler
ABSTAIN: None
IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of November, 2022.
_____________________________
Deanna Chow
Assistant Community Development Director
City of Menlo Park
Attachments included as Hyperlink – menlopark.gov/files/sharedassets/public/agendas-andminutes/planning-commission/2022-meetings/agendas/20221103-continuance-of-20221024-publichearing.pdf#page=47 A. General Plan Amendment (Staff Report Attachment A4)
B. Zoning Map Amendment and Rezoning (Staff Report Attachment A7) C. Conditional Development Permit (Staff Report Attachment A8) D. CEQA Findings and Statement of Overriding Considerations and MMRP (Staff Report Attachments A2 and A3)
E. , Below Market Rate Housing Agreements (Staff Report Attachment A12 and A13) F. Vesting Tentative Map Main Project Site (Staff Report Attachment A5) G. Vesting Tentative Map Hamilton Avenue Parcels (Staff Report Attachment A6) H. Development Agreement Ordinance (Staff Report Attachments A9 and A10) Page G-2.31
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE

WILLOW VILLAGE MASTER PLAN PROJECT AND ADOPTING FINDINGS, A

STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION

MONITORING AND REPORTING PROGRAM, ALL PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR A MIXED USE
PROJECT CONSISTING OF UP TO 1.6 MILLION SQUARE FEET OF OFFICE AND ACCESSORY USES, UP TO 1,730 MULTIFAMILY DWELLING UNITS, UP TO 200,000 SQUARE FEET OF RETAIL USES, AN UP TO 193 ROOM HOTEL,

AND ASSOCIATED OPEN SPACE AND INFRASTRUCTURE
WHEREAS, the City of Menlo Park (City) received an application requesting to redevelop an approximately 59-acre industrial site (main Project Site) plus three parcels (within two sites) west of Willow Road (Hamilton Parcels and, together with the main Project Site, Project Site) as a mixed-use development consisting of up to 1.6 million square feet of office and accessory uses, up to 1,730 multifamily dwelling units, up to 200,000 square feet of retail uses, an up to 193-room hotel, and associated open space and infrastructure (Proposed Project); and WHEREAS, the Proposed Project requires discretionary actions by the City, and therefore the California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, Section 15000 et seq.) require analysis and a determination regarding the Proposed Project’s environmental impacts; and WHEREAS, on November 29, 2016, in connection with an update to the Land Use and Circulation Elements of the City’s General Plan and related zoning changes, commonly referred to as the ConnectMenlo project, the City certified the ConnectMenlo Final EIR (ConnectMenlo EIR); and
WHEREAS, in connection with the certification of the ConnectMenlo EIR, the City entered into a settlement agreement with the City of East Palo Alto (Settlement Agreement), which requires project-specific environmental impact reports (EIRs) for certain future projects. Pursuant to the Settlement Agreement: (i) a project-specific EIR may tier from the ConnectMenlo EIR, and the project-level EIR shall include a project-specific transportation impact analysis; and (ii) the City shall prepare a housing needs assessment (HNA) to inform the population and housing topic area of the project-level EIR; and
WHEREAS, the City is the lead agency for the Proposed Project, as defined in CEQA and the CEQA Guidelines, and therefore is responsible for the preparation, consideration, certification, and approval of environmental documents for the Proposed Project; and WHEREAS, pursuant to the requirements of the Settlement Agreement and CEQA, the City prepared, or caused to be prepared, a project-level EIR, including a transportation impact analysis, and an HNA for the Proposed Project; and
WHEREAS, the City released a Notice of Preparation (NOP) of an Environmental Impact Report for the Proposed Project (Project EIR) to the Office of Planning and Research (OPR) State Clearinghouse and interested agencies and persons on September 18, 2019, for a 30-day review period, during which interested agencies and the public could submit comments about the Proposed Project; and
ATTACHMENT B Page G-2.32
WHEREAS, the City held a public scoping meeting on the Proposed Project EIR on October 7, 2019; and
WHEREAS, comments on the NOP were received by the City and considered during preparation of the Draft Project EIR; and
WHEREAS, a Notice of Availability (NOA) was issued and the Draft Project EIR made available for public review on April 8, 2022, for a 45-day public review period through May 23, 2022; and WHEREAS, the Draft Project EIR was filed with the California Office of Planning and Research and copies of the Draft Project EIR were made available at the Community Development Department, on the City’s website, and at the City Main Library and the Belle Haven Branch Library; and
WHEREAS, a public hearing was held before the Planning Commission of the City of Menlo Park (Planning Commission) on April 25, 2022, to receive public comments on the Draft Project EIR; and
WHEREAS, the analysis in the Draft Project EIR tiered from the ConnectMenlo EIR pursuant to Public Resource Code Sections 21166 and CEQA Guidelines Sections 15152, 15162, 15168, and 15183, as appropriate, and as further described in each environmental topic section in the Draft Project EIR; and
WHEREAS, on October 14, 2022, the City published a Final Project EIR that that includes the Draft Project EIR as well as all the comments received on the Draft Project EIR during the public comment period, including a transcript of the public hearing, written responses to those comments, and text revisions to the Draft Project EIR, all prepared in accordance with CEQA and the CEQA Guidelines; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, after notice having been lawfully given, a duly noticed public hearing was held before the Planning Commission on October 24, 2022, continued to November 3, 2022, at which all persons interested had the opportunity to appear and comment and at which the Planning Commission considered and made recommendations to the City Council of the City of Menlo Park (City Council) regarding the Final Project EIR and the merits of the Proposed Project; and
WHEREAS, the Planning Commission, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted affirmatively to recommend to the City Council to certify the Final Project EIR pursuant to CEQA; and WHEREAS, after notice having been lawfully given, a duly noticed public hearing was held before the City Council on ________, 2022, at which all persons interested had the opportunity to appear and comment and at which the City Council considered the Final Project EIR and the merits of the Proposed Project; and
WHEREAS, the City Council has reviewed and considered the Final Project EIR, all staff reports pertaining to the Final Project EIR, the Planning Commission hearing minutes and reports, and Resolution No. XXXX

all evidence received by the City, including at the Planning Commission and at the City Council hearings, and found that the Final Project EIR was prepared in compliance with CEQA; and WHEREAS, after closing the public hearing, the City Council, acting on its independent judgment and analysis, voted affirmatively to certify the Final Project EIR pursuant to CEQA; and
WHEREAS, the City Council certifies that it has reviewed the comments received and the responses thereto and finds that the Final Project EIR provides adequate, good faith, and reasoned responses to the comments. Pursuant to Public Resources Code Section 21082.1(c)(3), the City also finds that the Final Project EIR reflects the City’s independent judgment as the lead agency for the Proposed Project and is supported by substantial evidence; and
WHEREAS, the Final Project EIR identified certain potentially significant adverse effects on the environment caused by the Proposed Project; and
WHEREAS, the City Council specifically finds that where more than one reason for approving the Proposed Project and rejecting alternatives is given in its findings or in the record, and where more than one reason is given for adopting the Statement of Overriding Considerations, the City Council would have made its decision on the basis of any one of those reasons; and WHEREAS, the City Council desires, in accordance with CEQA, to declare that, despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, and other considerations for approving the Proposed Project that the City Council believes justify the occurrence of those impacts; and WHEREAS, the City Council, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted affirmatively to certify the Final Project EIR, make the findings required by CEQA, adopt the Statement of Overriding Considerations, adopt the Mitigation Monitoring and Reporting Program (MMRP), and approve the Proposed Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED THAT that the City Council of the City of Menlo Park hereby certifies the Final Project EIR, makes the following findings with respect to the Proposed Project’s significant effects on the environment as identified in the Final Project EIR, as required under Sections 15091, 15092, and 15093 of the CEQA Guidelines, and adopts the Statement of Overriding Considerations and the MMRP as follows:

I. Project description
As fully described in Chapter 2 of the Draft Project EIR, Peninsula Innovation Partners, LLC (Project Sponsor), a subsidiary of Meta Platforms, Inc. (Meta), is proposing redevelopment of an approximately 59-acre industrial site (main Project Site) plus three parcels (within two sites) west of Willow Road (Hamilton Parcels and, collectively with the main Project Site, the Project Site) as a multi-phase, mixed-use development. The Willow Village Master Plan Project (Proposed Project) includes demolition of all buildings and landscaping on the 59-acre portion of the main Project Site and construction of new buildings, establishment of various open space areas (defined below), and installation of infrastructure within a new Residential/Shopping Resolution No. XXXX