policies listed under Impact CULT-2, would protect tribal cultural resources by providing for the early detection of potential conflicts between development and resource protection and by preventing or minimizing the material impairment of the ability of archeological deposits to convey their significance through excavation or preservation. The ConnectMenlo EIR further found that implementation of ConnectMenlo Mitigation Measures CULT‐2a, CULT‐2b, and CULT‐4 would reduce any impacts to tribal cultural resources in the City as a result of future development under buildout of the General Plan to a less-than-significant level.
Here, Native American human remains could be exposed and disturbed during grounddisturbing activities at the Project Site. A tribal cultural resource was identified within the main Project Site. This resource has the potential to contain human remains interred outside of dedicated cemeteries. Excavation activities associated with the Proposed Project would not affect any known reburial locations; however, previously undocumented Native American burials could be affected by ground-disturbing construction due to their location within areas proposed for subsurface improvements. This impact would be potentially significant. The City implemented ConnectMenlo Mitigation Measure CULT-2b when it sent consultation requests to tribes asking to be notified about projects in the area of the Proposed Project. The Proposed Project would implement ConnectMenlo Mitigation Measure CULT-4, as modified, based on the Project’s cultural resources assessment report, if human remains are encountered at the Project Site during ground-disturbing activities. The Project Sponsor would also implement Project Mitigation Measures TCR-1.1 and -1.2 within the main Project Site, given the presence of CASMA-160/H. Project Mitigation Measures TCR-1.1 and -1.2 include measures to avoid or mitigate ground-disturbing excavation near CA-SMA-160/H, to the extent feasible, and preparation of a monitoring and treatment plan that details the appropriate procedure if remains are encountered. Project Mitigation Measure TCR-2.1 requires avoidance and preservation in place of existing known reburials. Therefore, the Project’s impact on human remains would be less than significant with mitigation.
IX. Findings regarding variants to the proposed project The Draft EIR included an environmental analysis of certain “variants” to the Proposed Project in Chapter 5 of the Project EIR, the analysis is hereby incorporated. Variants are variations of the Proposed Project at the Project Site, with the same objectives, background, and development controls but with a specific variation. With the exception of the Increased Residential Density Variant (which was studied for policy purposes in the event the City desires to consider it), the variants are slightly different versions of the Proposed Project that could occur, based on the action or inaction of agencies other than the City, property owners outside the Project Site, or an applicant’s decision not to build certain components (e.g., the Willow Road Tunnel). Because the variants could increase or reduce environmental impacts, the Draft EIR described and analyzed associated environmental impacts for the following four variants to the Proposed Project:
• Variant 1: No Willow Road Tunnel Variant. This variant considers a scenario where the Willow Road Tunnel would not be constructed as part of the Proposed Project and Meta trams would continue to use the public street network, Bayfront Expressway, and Willow Road to access the proposed Campus District. Without the Willow Road Tunnel, cyclists and pedestrians traveling between the main Project Site and the West/East Campus would need to use at-grade crossings. All other development components of the Proposed Project would continue to be proposed under this variant. This variant was analyzed to disclose environmental impacts that would occur if agencies other than the City with jurisdiction over the Willow Road Tunnel do not approve the Willow Road Tunnel or if the applicant elects not to build it. In addition, because this option would avoid significant noise impacts associated with constructing the Willow Road Tunnel, this option was included as an alternative to the Resolution No. XXXX
Project that could be selected by the City Council; thus, it is fully analyzed in Chapter 6, Alternatives, of the Draft EIR.
• Variant 2: Increased Residential Density Variant. This variant would increase the number of residential dwelling units by approximately 200, for a total of 1,930 residential units at the main Project Site. All other components of the Proposed Project would remain. This variant was analyzed to disclose environmental impacts that would occur in the event that the City Council desires to increase the number of residential units under the Proposed Project. • Variant 3: No Hamilton Avenue Realignment Variant. This variant would alter the proposed circulation network east of Willow Road to accommodate retaining the Willow Road/Hamilton Avenue intersection in its current alignment. The overall development program for the Proposed Project would remain unchanged. This variant was analyzed to disclose environmental impacts that would occur if affected property owners and/or agencies other than the City with jurisdiction over the Hamilton Avenue Realignment do not approve the Hamilton Avenue Realignment.
• Variant 4: Onsite Recycled Water Variant. This variant would provide recycled water to the main Project Site through onsite treatment of wastewater. The onsite treatment and production of recycled water would involve capturing wastewater, including blackwater (e.g., water from toilet flushing, food preparation drains), from all proposed buildings. All other proposed features of the Project would remain the same. This variant was analyzed to disclose environmental impacts that would occur if the West Bay Sanitary District does not construct its project to provide recycled water to the main Project Site in time to serve the Proposed Project and the applicant instead constructs onsite treatment facilities.
Overall, these variants would modify limited “features” or aspects of the Proposed Project. By contrast, the various “alternatives” to the Proposed Project (as described and analyzed in Chapter 6 of the Draft EIR) were designed to meet the requirements of CEQA Guidelines Section 15162.6. As required by CEQA, alternatives must meet most of the basic Project objectives and avoid or lessen one or more of the significant environmental impacts of the Proposed Project. The proposed variants would not change the basic characteristics of the Proposed Project. Rather, each variant would change the design of the Project in a discrete way. Each variant was analyzed at the same level of detail as the Proposed Project, as warranted, and is available for selection by the Project Sponsor and decision-makers as part of an approval action.
The Project EIR’s analysis considered the environmental impacts associated with each variant in Chapter 5, Variants. For some environmental topics, the impacts under a specific variant would be the same as those of the Proposed Project. For those topics, further analysis was not needed. In some cases, the impacts under a particular variant would differ from the impacts identified for the Proposed Project in Chapter 3, Environmental Impact Analysis, of the Project EIR. The differences between the Proposed Project and the variants were analyzed quantitatively in the Project EIR. Unless otherwise stated, all mitigation measures required to reduce impacts associated with the Proposed Project also would be applicable to each of the variants.
As described in Chapter 5 of the Draft Project EIR, the No Willow Road Tunnel Variant, the Increased Residential Density Variant, the No Hamilton Avenue Realignment Variant, and the Onsite Recycled Water Variant all would remain within the overall scope of impacts as evaluated for the Proposed Project and would not result in any new significant impacts. All impacts identified above as being significant and unavoidable would remain significant and unavoidable under each of the No Willow Road Tunnel Variant, the Increased Residential Density Variant, the No Hamilton Avenue Realignment Variant, and the Onsite Recycled Water Resolution No. XXXX
Variant, even with implementation of all feasible mitigation, and the same findings set forth apply. Likewise, significant impacts identified above as being reduced to less-than-significant levels with implementation of mitigation also would remain the same for each of the No Willow Road Tunnel Variant, the Increased Residential Density Variant, the No Hamilton Avenue Realignment Variant, and the Onsite Recycled Water Variant, and the same findings set forth above apply. No additional mitigation measures were identified or otherwise are required for the No Willow Road Tunnel Variant, the Increased Residential Density Variant, the No Hamilton Avenue Realignment Variant, or the Onsite Recycled Water Variant. The City’s CEQA findings as set forth above, therefore, likewise apply to the No Willow Road Tunnel Variant, the Increased Residential Density Variant, the No Hamilton Avenue Realignment Variant, and the Onsite Recycled Water Variant, and the City thus can authorize these variants based on the same above findings for the Proposed Project.
X. Findings regarding alternatives to the proposed project As required under CEQA, the Project EIR analyzed a reasonable range of alternatives to the Proposed Project and evaluated the environmental impacts and feasibility of each alternative, as well as the ability of the alternatives to meet Project objectives. The Proposed Project objectives are listed in Chapter 2 (Project Description) of the Draft Project EIR; the potentially significant environmental effects of the Proposed Project, including feasible mitigation measures identified to avoid significant environmental impacts, are analyzed in Chapter 3 (Environmental Impact Analysis) of the Draft Project EIR, as further reflected in Chapter 5 (Variants); the alternatives are described in detail in Chapter 6 (Alternatives Analysis) of the Draft Project EIR.
Brief summaries of the alternatives are provided below. The findings in this section are based on the Project EIR, the discussion and analysis of which is hereby incorporated in full by this reference. The reasons stated in the EIR for rejecting certain alternatives likewise are hereby adopted and incorporated herein by reference. Each individual reason constitutes a separate and independent basis to reject the alternative and, when the reasons are viewed collectively, provide an overall basis for rejecting the alternative.
A. The No Project Alternative
CEQA requires evaluation of the “no project” alternative. Under the No Project Alternative, no additional construction would occur at the Project Site. The existing buildings and landscaping on the Project Site would not be demolished and would instead remain in place and be used and maintained the same as current site conditions. The Project Sponsor would not construct the new buildings, establish open space area, provide community amenities, or install infrastructure. There would be no realignment of Hamilton Avenue at Willow Road and no additional streets within the Project Site. None of the Project variants would be implemented.
Compared to the Proposed Project, the No Project Alternative would result in fewer environmental impacts. As discussed in the EIR, however, the No Project Alternative would not satisfy the basic project objectives, including the underlying purpose of the Proposed Project and the objectives identified by the Project Sponsor. The current uses on the Project Site include offices, offices/labs, warehouses, warehouses/offices, retail, and a service station. The No Project Alternative would preserve these uses and not meet any objectives related to creating a mixed-use community or residential uses. The No Project Alternative also would not be required to have a TDM program or provide the bicycle and pedestrian friendly environment that enhances the Project Site’s connectivity to surrounding areas. No changes to land use would occur and existing space would remain the same, not meeting several objectives related to design and use of buildings and the land. Development would not respond to market Resolution No. XXXX
demands. Accordingly, for the foregoing reasons, the No Project Alternative is hereby rejected as infeasible.
B. No Willow Road Tunnel Alternative
The No Willow Road Tunnel Alternative would consist of the Proposed Project but without the Willow Road Tunnel. The trams would use the public street network, Bayfront Expressway, and Willow Road to access the proposed Campus District. Historically, three tram routes have served the Willow Village campus. Without the Willow Road Tunnel, the trams would continue to operate as they do under baseline conditions. Most pedestrians and bicyclists accessing the Willow Village Campus District would use the on-street bike lanes and sidewalk improvements to move along the Willow Road corridor and would cross at the Willow Road and Main Street/Hamilton Avenue intersection. Pedestrians and bicyclists desiring to access the Bay Trail or the other Meta campuses would use (i) the bike/pedestrian trail within the City public utility easement located adjacent to and immediately west of Willow Road or (ii) the Elevated Park.
Pedestrians and bicyclists would access the Elevated Park using publicly accessible stairs and elevators located within or adjacent to Hamilton Avenue Parcel North and within Town Square.
Compared to the Proposed Project, the No Willow Road Tunnel Alternative would result in reduced impacts related to aesthetics (Impacts AES-3 and C-AES-1), air quality (Impact AQ-1, AQ-2, and C-AQ-1), energy (Impact C-EN-1), greenhouse gas emissions (Impact GHG-1a), noise (Impact NOI-1, NOI-2, and C-NOI-1), cultural resources (Impact CR-1, CR-2, CR-3, and C-CR-1), biological resources (Impact BIO-1), geology and soils (Impact GS-2, GS-5, and CGS-1), hydrology and water quality (Impact HY-1, HY-5, and C-HY-1), hazards and hazardous materials (Impact HAZ-1, HAZ-2, HAZ-3, and C-HAZ-1), and tribal cultural resources (Impact TCR-2 and C-TCR-1). However, while impacts related to air quality (Impact AQ-1, AQ-2, and CAQ-1) and noise (Impact NOI-1, NOI-2, and C-NOI-1) would be slightly reduced because there would be less overall construction under the No Willow Road Tunnel Alternative, these impacts would still remain significant and unavoidable under this alternative. Thus, this alternative would not appreciably reduce any significant and unavoidable impact of the Proposed Project.
Overall, the No Willow Road Tunnel Alternative would meet many of the Project objectives. It would still, for example, contain the land uses proposed under the Proposed Project. Thus, it would meet objectives related to creating a mixed-use community and residential uses and other specified building and land uses. For the objective that contains new bicycle and pedestrian connections, the No Willow Road Tunnel Alternative also would meet this objective, albeit to a lesser degree than the Proposed Project because the Willow Road Tunnel would provide a pedestrian and bicycle connection. Similar to the Project, the alternative also would generate revenue for the City and other public entities. Because the No Willow Road Tunnel Alternative would not reduce avoid or substantially lessen any of the Proposed Project’s significant and unavoidable environmental impacts, however, it is hereby rejected as an alternative, although it may still be authorized by the City as a permissible variant to the Proposed Project. As stated in the EIR, the No Willow Road Tunnel Alternative also is considered a variant to the Proposed Project. The City Council could choose to select the No Willow Road Tunnel Alternative to reduce construction noise impacts, and the Willow Road Tunnel would thus not proceed. If the City Council does not select the No Willow Road Tunnel Alternative, then the No Willow Road Tunnel Variant could be approved as part of the Project to address the potential that Caltrans does not provide the requisite right of way for the Willow Road Tunnel or the Applicant elects not to construct the Willow Road Tunnel.
Resolution No. XXXX
C. Base Level Development Alternative
The Base Level Development Alternative would consist of the Proposed Project but developed to be consistent with the “base-level” development standards in the R-MU and O zoning districts. The base-level development standards for the R-MU district allow for a maximum density of up to 30 dwelling units per acre (du/acre) and a maximum height of up to 40 feet. For the O zoning district, the base-level development standards allow for a floor area ratio (FAR) of
0.45 (plus 10 percent for non-office commercial uses and 175 percent for hotels) and a maximum height of 35 feet (110 feet for hotels). The Proposed Project proposes “bonus-level” development in exchange for providing community amenities acceptable to the City Council; the Base Level Development Alternative would not involve this exchange and no community amenities would be provided. Construction also would not be phased.
Compared to the Proposed Project, the Base Level Development Alternative would result in reduced impacts related to aesthetics (Impact AES-1, AES-3, and C-AES-1), air quality (Impact AQ-1, AQ-2, C-AQ-1), energy (Impact EN-1, C-EN-1), greenhouse gas emissions (Impact GHG1a, GHG-1b), noise (Impact NOI-1, C-NOI-1), cultural resources (Impact CR-1, CR-2, CR-3, and C-CR-1), biological resources (Impact BIO-1, BIO-5, BIO-6), geology and soils (Impact GS-5, CGS-1), hydrology and water quality (Impact C-HY-1), hazards and hazardous materials (Impact HAZ-1, HAZ-2, HAZ-3, C-HAZ-1), population and housing (Impact POP-1, C-POP-1), public services (Impact PS-1, PS-2, PS-3, PS-4, PS-5, and C-PS-1), utilities and service systems (Impact UT-1, UT-2, UT-3, UT-4, UT-5, C-UT-1, C-UT-2, C-UT-3, C-UT-4, C-UT-5, C-UT-6), and tribal cultural resources (Impact TCR-2 and C-TCR-1). Impacts related to noise (Impact NOI-1, NOI-2, and C-NOI-1) would remain significant and unavoidable. Project-level and cumulative operational air quality impacts related to ROG emissions (Impact AQ-1, AQ-2, and C-AQ-1), however, would be reduced to a less-than-significant level with mitigation.
The Base Level Development Alternative would not meet many of the Project Objectives to the same degree as the Proposed Project. It would still contain the proposed land uses. Therefore, it would meet objectives related to creating a mixed-use community, residential uses, and other specified building and land uses but to a considerably lesser degree than the Proposed Project because there would be a reduction in office, non-office commercial/retail, and residential square footage and residential density as compared to the Proposed Project. The Base Level Development Alternative could still include a pharmacy (although it would not be a required community amenity); an interconnected office campus; a meeting and collaboration space; and a secure, safe, and private work environment. But because the Base Level Development would result in less office space than currently exists on the Project Site, it is reasonable to conclude that the Project Sponsor likely would not proceed with the Base Level Development Alternative and that this alternative would not provide a mix of uses at densities to achieve a financially feasible project. The Base Level Development Alternative likely would respect the surrounding community through appropriate building siting, massing, density, and height, but it would not meet the objective to be consistent with the standards prescribed for bonus-level development.
Open space would be reduced in the Base Level Development Alternative compared to the Proposed Project, which means the Base Level Development Alternative would meet open space related objectives to a lesser degree than the Proposed Project. The Base Level Alternative also would not generate as much revenue for the City and other public entities in part because it would reduce the level of development and the Zoning Ordinance would not require the Base Level Alternative to provide community amenities. These amenities would provide much needed benefits to the Bayfront area, including grocery store space, two-year grocery store 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 Resolution No. XXXX
maintenance, and funding for job training programs. It is important to the City to be able to provide such amenities to its constituents and absent bonus-level development, the City would be unable to require such amenities. The Base Level Development Alternative would not be phased, so it would not meet the objective regarding phasing to meet market demands.
Accordingly, for the foregoing reasons, the Base Level Development Alternative is hereby rejected as infeasible.
D. Reduced Intensity Alternative
The Reduced Intensity Alternative would consist of the Proposed Project but developed at a lesser intensity (albeit still at a bonus level of development, unlike the Base Level Development Alternative). Both the total residential and non-residential square footage would be reduced compared to the Proposed Project. Construction of this alternative would be conducted in one phase rather than in the two phases planned for the Proposed Project. The Reduced Intensity Alternative would meet many of the basic Project Objectives, although it may not meet some objectives to the same degree as the Project.
Compared to the Proposed Project, the Reduced Intensity Alternative would result in reduced impacts related to aesthetics (Impact AES-1, AES-3, and C-AES-1), air quality (Impact AQ-1, AQ-2, C-AQ-1), energy (Impact EN-1, C-EN-1), greenhouse gas emissions (Impact GHG-1a, GHG-1b), noise (Impact NOI-1, C-NOI-1), cultural resources (Impact CR-1, CR-2, CR-3, and CCR-1), biological resources (Impact BIO-1, BIO-5, BIO-6), geology and soils (Impact GS-5, CGS-1), hydrology and water quality (Impact C-HY-1), hazards and hazardous materials (Impact HAZ-1, HAZ-2, HAZ-3, C-HAZ-1), population and housing (Impact POP-1, C-POP-1), public services (Impact PS-1, PS-2, PS-3, PS-4, PS-5, and C-PS-1), utilities and service systems (Impact UT-1, UT-2, UT-3, UT-4, UT-5, C-UT-1, C-UT-2, C-UT-3, C-UT-4, C-UT-5, C-UT-6), and tribal cultural resources (Impact TCR-2 and C-TCR-1). Impacts related to noise (Impact NOI-1, NOI-2, and C-NOI-1) would remain significant and unavoidable. Project-level and cumulative operational air quality impacts related to ROG emissions (Impact AQ-1, AQ-2, and C-AQ-1), however, would be reduced to a less-than-significant level with mitigation.
The Reduced Intensity Alternative would not meet many of the Project Objectives to the same degree as the Proposed Project. It would still contain the land uses proposed under the Proposed Project. Therefore, it would meet objectives related to creating a mixed-use community, residential uses, and other specified building and land uses. However, there would be a reduction in office, non-office commercial/retail, and residential square footage and residential density. Due to the lower residential density, the Reduced Intensity Alternative also would provide less affordable housing than the Proposed Project. In addition, the Reduced Intensity Alternative would provide only approximately 225,000 square feet more office than currently existing on the Project Site and may not result in densities that achieve a financially feasible project. The Reduced Intensity Alternative thus would meet objectives related to land use to a considerably lesser degree than the Proposed Project. Community amenities also would be reduced commensurate with the reduction in bonus level development under the Reduced Intensity Alternative. The Reduced Intensity Alternative could still include a pharmacy; an interconnected office campus; a meeting and collaboration space; and a secure, safe, and private work environment. The community amenities provided by the Proposed Project meet important City needs, including the desire for more parks and neighborhood-serving retail and entertainment, and lesser amenities would not aid the City to the same extent. The Reduced Intensity Alternative would meet the objective related to building siting, massing, density, and height because it would be within the standards prescribed for bonus-level development. Open space would be reduced in the Reduced Intensity Alternative compared to the Proposed Project, which means the Reduced Intensity Alternative would meet open space related Resolution No. XXXX
objectives to a lesser degree than the Proposed Project. The Reduced Intensity Alternative also would not be phased, so it would not meet the objective regarding phasing to meet market demands. Accordingly, for the foregoing reasons, the Reduced Intensity Alternative is hereby rejected as infeasible.
E. Environmentally Superior Alternative
In addition to the discussion and comparison of impacts of the Proposed Project and the alternatives, Section 15126.6 of the CEQA Guidelines requires that an “environmentally superior” alternative be selected and the reasons for such a selection be disclosed. In general, the environmentally superior alternative is the alternative that would be expected to generate the least amount of significant impacts. Identification of the environmentally superior alternative is an informational procedure, and the alternative selected as environmentally superior may not be an alternative that is feasible and substantially lessens the significant environmental effects of the project.
As set forth in the EIR, the No Project Alternative would be the environmentally superior alternative. CEQA Guidelines section 15126.6(e)(2) states that when the no project alternative is identified as the environmentally superior alternative, the EIR must also identify an environmentally superior alternative from among the other alternatives. Selection of an environmentally superior alternative necessitates weighing of numerous environmental considerations. No other alternative is environmentally superior for all resource areas, as shown in Table 6-12 of the Project EIR, and so the City must balance environmental aspects in determining which alternative is the environmentally superior alternative.
Whereas the No Willow Road Tunnel Alternative largely reduces impacts that are temporary as a result of construction and excavation, the Base Level Development Alternative and Reduced Intensity Alternative result in reductions in impacts during both construction and operation.
The No Willow Road Tunnel Alternative reduces noise and vibration impacts during construction, as well as the criteria air pollutant emissions, energy consumption, and greenhouse gas emissions from construction activities such as heavy equipment operation and excavation. It reduces the potential for damage of cultural resources and reduces hydrology and hazardous materials impacts during construction of the Willow Road Tunnel.
The Base Level Alternative and Reduced Intensity Alternative also reduce construction impacts because the development would have smaller buildings under those alternatives. The No Willow Road Tunnel Alternative also would reduce construction impacts because tunnel construction would not occur. However, over the long term, the Base Level Alternative and Reduced Intensity Alternative also would reduce impacts associated with operation of the buildings, such as criteria air pollutant emissions, energy consumption, noise, and greenhouse gas emissions, which the No Willow Road Tunnel Alternative would not.
Menlo Park’s 2030 Climate Action Plan (Menlo Park 2021) sets a goal for the City of Menlo Park to reduce its VMT by 25 percent or an amount recommended by the Complete Streets Commission as one of six actions to eventually reach carbon neutrality. This emphasizes the importance of reducing VMT in Menlo Park. A reduction in VMT is also expressed in the objectives of the Proposed Project, through objectives such as to reduce VMT by locating residential, commercial, and office uses adjacent to each other; provide multiple transportation options and a robust TDM to reduce traffic congestion, air quality impacts, and greenhouse impacts; and develop an integrated, highly connected office campus that accommodates Resolution No. XXXX
anticipated worker space demands and provides flexible workspace at densities that support various transportation options.
Based on the latest citywide travel demand model, the regional average office VMT is 15.9 and the regional average residential VMT is 13.1. Office VMT for the Proposed Project would be
13.6, while residential VMT would be subject to mitigation to meet the significance threshold of
11.2. Mitigation Measure TRA‐1 would require that residential land uses on the Project site reduce trips through a TDM Plan achieving a 36 percent trip reduction from gross ITE trip generation rates.
The Proposed Project and all three alternatives would generate similar VMT per capita.
However, there would be differences in total VMT. The No Willow Road Tunnel Alternative would generate similar total VMT at the Project Site to the Proposed Project because it would have the same square footage of nonresidential and residential development. The Reduced Intensity Alternative would generate less VMT than the Proposed Project at the Project Site because there would be fewer total residents and employees. The Base Level Development Alternative would generate even less VMT at the Project Site because there would be even fewer total residents and employees. However, the Proposed Project is designed to reduce VMT to below the regional average, such that if office uses and residential uses were developed elsewhere, the VMT reduction benefits at the Project Site would not be realized. The Base Level and Reduced Intensity Alternatives would also reduce VMT to below the regional average. The No Willow Road Tunnel Alternative, with the maximum residential and non-residential buildout at the Project Site among the alternatives, would maximize development and total VMT reduction at the Project Site over the long term while also reducing several construction impacts. However, the No Willow Road Tunnel Alternative would not reduce any of the Proposed Project’s significant and unavoidable impacts to a less-than-significant level.
Therefore, the No Willow Road Tunnel Alternative is not the environmentally superior alternative.
None of the other alternatives would reduce the Proposed Project’s significant and unavoidable construction noise and vibration impacts to a less-than-significant level. The Base Level Development Alternative and the Reduced Intensity Alternative would reduce the Proposed Project’s project-level and cumulative operational air quality impacts related to ROG emissions to a less-than-significant level with mitigation. The Base Level Development Alternative would result in the greatest reduction (19 net lbs/day of ROG compared to 53.6 net lbs/day under the Reduced Intensity Alternative). Therefore, the Base Level Development Alternative is the environmentally superior alternative.
XI. Statement of overriding considerations
As set forth above, the City has found that the Proposed Project will result in project and cumulative significant adverse environmental impacts related to air quality and noise that cannot be avoided following adoption, incorporation into the Project, and implementation of mitigation measures described in the EIR. In addition, there are no feasible project alternatives that would mitigate or avoid all of the Project’s significant environmental impacts. Section 15093(b) of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are not avoided or substantially lessened, the agency must state in writing the reasons to support its actions. See also Public Resources Code Section 21081(b). Having balanced the economic, legal, social, technological or other benefits of the Project, including region-wide or statewide environmental benefits, against its significant and unavoidable environmental impacts, the City finds that the Proposed Project’s benefits outweigh its unavoidable adverse environmental effects, and that the adverse environmental effects are therefore acceptable.
Resolution No. XXXX
The following statement identifies the reasons why, in the City’s judgment, specific benefits of the Proposed Project outweigh the significant and unavoidable effects. The City finds that each of the Proposed Project’s benefits discussed below is a separate and independent basis for these findings. The reasons set forth below are based on the Final Project EIR and other information contained in the administrative record for the Proposed Project.
Economic Benefits
1. The Proposed Project would redevelop an underutilized property with a master-planned, mixed-use neighborhood in further of the goals for the Bayfront Area set forth in ConnectMenlo.
2. The Proposed Project would develop an integrated, connected office campus that accommodates anticipated worker space demands and provides flexible workspace at densities that support various transportation options.
3. The Proposed Project would have positive net fiscal impact on the City’s annual General Fund operating budget. The Proposed Project also would both generate a net positive fiscal impact for the Menlo Park Fire Protection District, Sequoia Union High School District, and the Ravenswood City Elementary School District. The Proposed Project also would be required to pay various impact fees to the City and the two school districts.
Environmental Benefits
1. The Proposed Project would reduce vehicle miles traveled by locating residential, commercial, and office uses adjacent to each other.
2. The Proposed Project would provide multiple transportation options and a transportation demand management program to reduce traffic congestion, air quality impacts, and greenhouse gas emissions.
3. The Proposed Project would create a bicycle- and pedestrian-friendly environment that enhances connectivity between the Project Site and surrounding areas with minimal traffic conflicts.
4. The Proposed Project would use sustainable design techniques to promote energy and water efficiency.
5. The Proposed Project would respect the surrounding community through appropriate building siting, massing, density, and height, consistent with the standards prescribed for bonus-level development in the City’s General Plan and zoning policies.
Social Benefits
1. The Proposed Project would create a master-planned, mixed-use neighborhood with up to 1,730 residential units, a grocery store/supermarket, neighborhood-serving retail uses, office space, a hotel, new bicycle and pedestrian connections, and open space.
2. The Proposed Project would promote General Plan goals of providing office, R&D, residential, and commercial uses and a hotel in proximity to or integrated with one another.
3. The Proposed Project would provide market rate and below market rate housing, including affordable senior housing, in Menlo Park.
4. The Proposed Project would provide a pharmacy to serve the community within the main Project Site or on Hamilton Avenue Parcel North, as well as other community amenities.
5. The Proposed Project would provide publicly accessible open space in the area.
6. The Proposed Project would foster knowledge, partnerships, and innovation by creating a “meeting and collaboration space” where workers can convene to share ideas and goals, visitors can understand the company’s background and products, business partners can learn about technology, and new product demonstrations can occur.
7. The Proposed Project would provide a variety of community benefits, including but not limited to a grocery store space, two-year grocery storespace rent subsidy, pharmacy Resolution No. XXXX
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, and funding for job training programs.
XII.Adoption of the MMRP
The City Council hereby adopts the MMRP attached hereto as Exhibit A and incorporated herein by this reference.
XIII. 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.
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 thirtieth fifteenth day 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. MMRP
Resolution No. XXXX
Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 1 November 2022 Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires the adoption of feasible mitigation measures to reduce the severity and magnitude of significant environmental impacts associated with project development. The Environmental Impact Report (EIR) prepared and certified for the proposed Willow Village Master Plan Project (Proposed Project) includes all feasible mitigation measures to reduce the potential environmental effects of the Proposed Project.
CEQA also requires reporting on and monitoring of mitigation measures adopted as part of the environmental review process (Public Resources Code Section 21081.6). 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.
The mitigation measures in this MMRP are assigned the same number they had in the EIR. The MMRP, presented in table format, describes the actions that must take place to implement each mitigation measure, the timing of those actions, the entities responsible for implementing and monitoring the actions, and verification of compliance. Additional information is provided in the certified EIR for the Project.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 2 November 2022
WILLOW VILLAGE MASTER PLAN PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Action Timing Implementing
Party Monitoring Party
Transportation
IMPACT BEING ADDRESSED: The Proposed Project would exceed an applicable VMT threshold of significance. The Proposed Project would exceed the applicable VMT threshold of significance for the residential land use and would result in a significant impact. (Impact TRA-2) Project Mitigation Measure TRA-2: The residential land use of the Project Site will be required to implement a TDM Plan achieving a 36% reduction from gross ITE trip generation rates (for the Proposed Project, this reduction equals 6,023 daily trips). Should a different number of residential units be built, the total daily trips will be adjusted accordingly. The required residential TDM Plan will include annual monitoring and reporting requirements on the effectiveness of the TDM program. The Project applicant will be required to work with City staff to identify the details of the TDM plan. If the annual monitoring finds that the TDM reduction is not met (i.e. the Proposed Project exceeds 6,023 daily trips from the
residential land use), the TDM coordinator will be required to work with City staff to detail next steps to achieve the TDM reduction.
Finalize
Transportation
Demand
Management
(TDM) Plan
details with the
City.
Implement TDM
Plan during
occupancy of the
Proposed Project.
Finalization of TDM
Plan with City prior
to occupancy of the
first building
Annual monitoring
and reporting every
year the Project is
operational with
timing to be
determined by the
City
Project Sponsor City of Menlo Park
Community
Development
Department
(CDD), Planning
Division
City of Menlo Park
Public Works
Department (PW),
Transportation
Division
IMPACT BEING ADDRESSED: The Proposed Project would substantially increase hazards due to a design feature or incompatible uses. The Proposed Project includes a design feature that could increase hazards and would result in a significant impact. (Impact: TRA-3) Project Mitigation Measure TRA‐3: Revise the North Garage access design to provide adequate sight distance for the eastern driveway or incorporate other design solutions to reduce hazards to the satisfaction of the Public Works
Director. Potential solutions that would reduce hazards to a less than significant level include restricting the eastern driveway to inbound vehicles only or prohibiting exiting left turns, modifying landscaping or relocating the driveway to the west to allow for adequate sight distance for exiting vehicles, or installing an all-way stop or signal.
Revise the North
Garage access
design for
adequate visibility
and hazard
reduction.
During the building
permit and site
development review
process and prior to
issuance of building
permits.
Project Sponsor/
Project architect
PW,
Transportation
Division
IMPACT BEING ADDRESSED: Vehicle Miles Traveled. (Impact C-TRA-2) Implement Mitigation Measure TRA-2 above. See above. See above. See above. See above.
IMPACT BEING ADDRESSED: Hazards or Incompatible Uses. (Impact C-TRA-3) Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 3 November 2022
WILLOW VILLAGE MASTER PLAN PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Action Timing Implementing
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Implement Mitigation Measure TRA-3, above. See above. See above. See above. See above.
Air Quality
IMPACT BEING ADDRESSED: Conflict with or Obstruct Implementation of the Applicable Air Quality Plan. The Proposed Project would conflict with or obstruct implementation of the applicable air quality plan. (Impact AQ-1) Project Mitigation Measure AQ-1.1: Use Clean Diesel-powered Equipment during Construction to Control Construction-related Emissions. The Project Sponsor shall either:
• Ensure all off-road construction equipment with greater than 25 horsepower and operating for more than 20
hours total over the entire duration of construction
activities have engines that meet or exceed either EPA or ARB Tier 4 Final off-road emission standards. The
exception to this requirement allows a cumulative total of 618,028 horsepower-hours over the duration of
construction activities before residents move onsite and 34,716 horsepower-hours over the duration of
construction activities after residents move onsite from the operation of off-road construction equipment that
meets standards less than Tier 4 Final; or
• Prior to issuance of building permits, provide
supplemental analysis prepared by a qualified air quality specialist to the City for approval that shows that
emissions of ROG and NOX, the excess lifetime cancer risk, and the PM2.5 concentration would not exceed the
thresholds from the 2017 BAAQMD CEQA Air Quality
Guidelines using the mix of equipment proposed by the
applicant.
Use clean dieselpowered
equipment during
construction or
provide
supplemental air
quality analysis.
Prior to the issuance
of building permits
During construction
(if clean dieselpowered equipment
is used)
Project Sponsor CDD
Project Mitigation Measure AQ-1.2: Architectural Coatings. The Project Sponsor shall use super-compliant architectural coatings during construction and operation for all buildings, which shall have VOC content that meet SCAQMD Rule 1113 Architectural Coatings as revised on February 5, 2016.
Apply
architectural
coatings to meet
South Coast Air
Quality
Prior to the issuance
of building permits
During construction
Project Sponsor CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 4 November 2022
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Management
District Rule 1113.
Ongoing during
operation of Project
IMPACT BEING ADDRESSED: Cumulatively Considerable Net Increase in Criteria Pollutants. The Proposed Project would result in a cumulative net increase in a criteria pollutant for which the Project region is classified as a nonattainment area under an applicable federal or ambient air quality standard. (Impact AQ-2)
Implement Project Mitigation Measures AQ-1.1 and
AQ-1.2
See above See above See above See above
ConnectMenlo Mitigation Measure AQ-2b1: Prior to building permit issuance, the City shall require applicants for all development projects in the city to comply with the current Bay Area Air Quality Management District’s (BAAQMD) basic control measures for reducing construction emissions of PM10 (Table 8‐1, Basic Construction Mitigation Measures
Recommended for All Proposed Projects, of the BAAQMD
CEQA Guidelines).
Comply with
BAAQMD basic
control measures.
During the building
permit and site
development review
process, prior to
building permit
issuance, and during
construction
Project Sponsor CDD
ConnectMenlo Mitigation Measure AQ-2b2: Prior to issuance of a building permit, development projects in the City that are subject to CEQA and exceed the screening sizes in the
BAAQMD’s CEQA Guidelines shall prepare and submit to the City of Menlo Park a technical assessment evaluating potential project construction‐related air quality impacts. The
evaluation shall be prepared in conformance with the
BAAQMD methodology for assessing air quality impacts. If construction‐related criteria air pollutants are determined to have the potential to exceed the BAAQMD thresholds of
significance, as identified in the BAAQMD CEQA Guidelines, the project applicant is required to incorporate mitigation measures to reduce air pollutant emissions during
construction activities to below these thresholds (e.g., Table 8‐ 2, Additional Construction Mitigation Measures
Recommended for projects with Construction Emissions
Above the Threshold of the BAAQMD CEQA Guidelines, or
applicable construction mitigation measures subsequently Prepare the
constructionrelated air quality
technical
assessment.
During the building
permit and site
development review
process and prior to
permit issuance
Project Sponsor CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 5 November 2022
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Mitigation Measures Action Timing Implementing
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approved by BAAQMD). These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans), subject to the review and approval of the Planning Division prior to building permit issuance. (The AQTR prepared and submitted for the
Proposed Project fulfills the air quality technical assessment requirement.)
IMPACT BEING ADDRESSED: Expose Sensitive Receptors to Substantial Pollutant Concentrations. The Proposed Project would expose sensitive receptors to substantial pollutant concentrations. (Impact AQ-3) Implement Project Mitigation Measure AQ-1.1 and
ConnectMenlo Mitigation Measures AQ-2b1 and AQ-2b2, above.
See above. See above. See above. See above.
IMPACT BEING ADDRESSED: Other Air Emissions. The Proposed Project would result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people. (Impact AQ-4) Project Mitigation Measure AQ-4.1: Molecular Neutralizer for Odors. The Project Sponsor and West Bay Sanitary District shall install a molecular neutralizer at the proposed sanitary sewer pump station to convert hydrogen sulfide gas into a biodegradable effluent during sewer pump operations. The molecular neutralizer shall be installed prior to the
commencement of sewer pump operations.
Install molecular
neutralizer at the
proposed sanitary
sewer pump
station.
During the building
permit and site
development review
process. Install prior
to the
commencement of
sewer pump
operations.
Project Sponsor/
West Bay
Sanitary District
CDD/PW
IMPACT BEING ADDRESSED: Cumulative Air Quality Impacts. Cumulative development would result in a significant and unavoidable cumulative impact on air quality; thus, the Proposed Project would be a cumulatively considerable contributor to a significant cumulative impact on air quality. (Impact C-AQ-1)
Implement Project Mitigation Measure AQ-1.1 and
ConnectMenlo Mitigation Measures AQ-2b1 and AQ-2b2.
See above. See above. See above. See above.
Greenhouse Gas Emissions
IMPACT BEING ADDRESSED: Generation of GHG Emissions during Construction. Construction of the Proposed Project would not generate GHG emissions that may have a significant impact on the environment. (Impact GHG-1b) Implement Mitigation Measure TRA-2, above. See above. See above. See above. See above.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 6 November 2022
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Action Timing Implementing
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IMPACT BEING ADDRESSED: Conflicts with Applicable Plans and Policies. The Proposed Project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of GHGs. (Impact GHG-2) Implement Mitigation Measure TRA-2, above. See above. See above. See above. See above.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 7 November 2022
WILLOW VILLAGE MASTER PLAN PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Action Timing Implementing
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Noise
IMPACT BEING ADDRESSED: Construction Noise. Construction of the Proposed Project would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies. (Impact NOI-1a) Modified ConnectMenlo Mitigation Measure NOISE‐1c.
Project applicants for all development projects in the city shall minimize the exposure of nearby properties to excessive noise levels from construction‐related activity through CEQA
review, conditions of approval and/or enforcement of the City’s Noise Ordinance. Prior to issuance of demolition, grading, and/or building permits for development projects, a note shall be provided on development plans indicating that during on‐going grading, demolition, and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction‐related noise:
• All internal combustion engines on construction
equipment and trucks are fitted with properly maintained mufflers, air intake silencers, and/or engine shrouds that are no less effective than as originally equipped by the manufacturer.
• Stationary equipment such as generators and air
compressors shall be located as far as feasible from
nearby noise‐sensitive uses.
• Stockpiling is located as far as feasible from nearby noise‐ sensitive receptors.
• Limit unnecessary engine idling to the extent feasible. • Limit the use of public address systems.
• Construction traffic shall be limited to the haul routes established by the City of Menlo Park.
Implement
measures to limit
constructionrelated noise.
Prior to the issuance
of demolition,
grading, and
building permits
and throughout the
duration of
construction
activities
Project Sponsor/
contractor(s)
CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 8 November 2022
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MITIGATION MONITORING AND REPORTING PROGRAM
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Project Mitigation Measure NOI-1.1: Construction Noise Control Plan to Reduce Construction Noise. The Project applicant and/or the contractor(s) shall obtain a permit to complete work outside the exempt/standard construction hours
outlined in the City of Menlo Park Municipal Code, which may be incorporated into the conditional development permit for the Proposed Project. In addition, the applicant and/or contractor(s) shall develop a construction noise control plan to reduce noise levels and comply with Municipal Code
daytime (during non-exempt hours) and nighttime noise
standards to the extent feasible and practical, subject to review and determination by the Community Development
Department. The plan shall also include measures to reduce noise levels such that a 10-dB increase over the ambient noise level does not occur at nearby noise-sensitive land uses, such as schools and residences to the extent feasible and practical (as determined by the City). Finally, the plan shall include measures to reduce pile driving noise such that noise from this equipment does not exceed 85 dBA Leq at a distance of 50 feet, as feasible.
The plan shall demonstrate that, to the extent feasible and practical, noise from construction activities that occur daily between 7:00 and 8:00 a.m. or between 6:00 p.m. and 10:00 p.m. will comply with the applicable City of Menlo Park noise limit of 60 dBA at the nearest existing residential or noisesensitive land use, and construction activities that occur between 10:00 p.m. and 7:00 a.m. will comply with the
applicable City noise limit of 50 dBA at the residential or noise-sensitive land use. The plan shall also demonstrate that, to the extent feasible and practical (as determined by the City), noise from construction activities during all hours will not result in a 10 dB increase over the ambient noise level at the nearest noise-sensitive land uses, and that pile driving noise would not exceed 85 dBA Leq at a distance of 50 feet. This Develop a Noise
Control Plan and
obtain a permit to
complete work
outside standard
construction
hours.
Submit noise
control plan
concurrently with
the application for
the first building
permit for each
building and
implement plan
during construction.
Obtain permit prior
to building permit
application.
Project Sponsor/
contractor(s)
CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 9 November 2022
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Noise Control Plan shall be approved by the City prior to the issuance of building permits to confirm the precise noise minimization strategies that will be implemented and to document that strategies will be employed to the extent feasible and practical.
Measures to help reduce noise from construction activity to these levels shall be incorporated into this plan and may include, but are not limited to, the following:
• To the extent feasible and practical, plan for the noisiest construction activities to occur during daytime hours when the quantitative standards are less stringent, existing ambient noise levels are generally louder, and when people are less sensitive to noise.
• Require all construction equipment be equipped with
mufflers and sound control devices (e.g., intake silencers and noise shrouds) that are in good condition (at least as
effective as those originally provided by the manufacturer) and appropriate for the equipment.
• Maintain all construction equipment to minimize noise emissions.
• Locate construction equipment as far as feasible from adjacent or nearby noise-sensitive receptors.
• Require all stationary equipment be located to maintain the greatest possible distance to the nearby existing buildings, where feasible and practical.
• Require stationary noise sources associated with
construction (e.g., generators and compressors) in proximity to noise-sensitive land uses to be muffled and/or enclosed within temporary enclosures and shielded by barriers, which can reduce construction noise by as much as 5 dB.
• Install noise-reducing sound walls or fencing (e.g.
temporary fencing with sound blankets) around noisegenerating equipment, to the extent feasible and practical, where no perimeter wall is provided pursuant to
Mitigation Measure NOI-1.2.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 10 November 2022
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• Prohibit idling of inactive construction equipment for prolonged periods during nighttime/non-standard hours
(i.e., more than 2 minutes).
• Provide advance notification in the form of
mailings/deliveries of notices to surrounding land uses regarding the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period.
• Provide the name and telephone number of an on-site
construction liaison through on-site signage and on the notices mailed/delivered to surrounding land uses. If
construction noise is found to be intrusive to the community (i.e., if complaints are received), the construction liaison shall take reasonable efforts to investigate the source of the noise and require that reasonable measures be implemented to
correct the problem.
• Use electric motors rather than gasoline- or dieselpowered engines to avoid noise associated with compressed air exhaust from pneumatically powered
tools during nighttime hours, to the extent feasible and practical (as determined by the City). Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust could be used; this muffler can
lower noise levels from the exhaust by about 10 dB.
External jackets on the tools themselves could be used, which could achieve a reduction of 5 dB.
Project Mitigation Measure NOI-1.2: Construction of Temporary Noise Barrier along Project Perimeter. The Project
contractor(s) shall install an 8-foot-high temporary noise barrier along the complete length of the western and southern perimeter (e.g., areas near residential and school land uses), and along the southernmost 500 feet of the eastern perimeter of the main Project Site. As project buildout occurs, removal and/or adjustment in the location of the perimeter noise Install noise
barriers.
Prior to issuance of
building permit for
each building and/or
relevant area of site
improvement
plans/building
construction and
ongoing
Project Sponsor/
contractor(s)
CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 11 November 2022
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barrier may occur because either the construction of project buildings (completion of core and shell) or streets requires barrier realignment, or the perimeter barrier is not needed, as shown by preparation of an acoustical analysis that indicates the balance of the construction activities will not result in construction noise that exceeds the allowable limits.
Regarding the Hamilton Avenue Parcel South, a similar noise barrier shall be installed around the complete length of the southern, western and northern perimeters as well as the southernmost 100 feet of the eastern perimeter of the
Hamilton Avenue Parcel South, unless the Project Sponsor can demonstrate, through an acoustical analysis, that construction noise at this site would not exceed the allowable limits. The decision regarding the necessity of this barrier and location(s) shall be subject to review and approval of the City based on evidence and analyses providing by the applicant team.
Regarding the Hamilton Avenue Parcel North, a similar noise barrier shall also be constructed along the complete length of the southern and western perimeters, along with the eastern most 100 feet of the northern perimeter of the Hamilton Avenue Parcel North, unless the Project Sponsor can
demonstrate, through an acoustical analysis, that construction noise at this site would not exceed the allowable limits. The decision regarding the necessity of this barrier and location(s) shall be subject to review and approval of the City based on evidence and analyses providing by the applicant team.
The barriers shall be constructed of material that has an acoustical rating of at least 26 STC (Sound Transmission Class). This can include a temporary barrier constructed with plywood supported on a wood frame, sound curtains
supported on a frame, or other comparable material.
removal/adjustment
of noise barriers
during construction
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 12 November 2022
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IMPACT BEING ADDRESSED: Operational Noise. Operation of the Proposed Project would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies. (Impact NOI-1b) ConnectMenlo Mitigation Measure NOISE-1b. Stationary noise sources and landscaping and maintenance activities citywide shall comply with Chapter 8.06, Noise, of the Menlo Park Municipal Code.
Comply with
Chapter 8.06 of
the Menlo Park
Municipal Code.
Prior to the issuance
of construction
permits and
throughout the
duration of
construction
activities
Project Sponsor CDD
Project Mitigation Measure NOI-1.3: Mechanical Equipment Noise Reduction Plan. To reduce potential noise impacts resulting from Project mechanical equipment, including heating, cooling, and ventilation equipment, the Project applicant shall conduct a noise analysis to estimate noise levels of Project-specific mechanical equipment based on the final selected equipment models and design features. In addition to the analysis, a Mechanical Equipment Noise Reduction Plan shall be created to ensure noise levels of equipment, once installed, are below the applicable criteria described below. The Noise Reduction Plan shall include any necessary noise reduction measures required to reduce Project-specific mechanical equipment noise to a less-thansignificant levels. The plan shall also demonstrate that with the inclusion of selected measures, noise from equipment would be below the significance thresholds. Feasible noise reduction measures to reduce noise below the significance thresholds include, but are not limited to, selecting quieter equipment, utilizing silencers and acoustical equipment at vent openings, siting equipment farther from the roofline, and/or enclosing all equipment in a mechanical equipment room designed to reduce noise. This analysis shall be conducted and the results and final Noise Reduction Plan shall be provided to the City prior to the issuance of building permits for each building.
Submit a
Mechanical
Equipment Noise
Reduction Plan for
each building and
implement noise
control measures
to reduce noise
during operation.
Submit noise
reduction plan
concurrently with
the application for
the first building
permit for each
building, and
implement plan
during operation.
Project Sponsor/
engineers(s)
CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 13 November 2022
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The noise analysis and Noise Reduction Plan shall be prepared by persons qualified in acoustical analysis and/or engineering.
The Noise Reduction Plan shall demonstrate with reasonable certainty that noise from mechanical equipment selected for the Project, including the attenuation features incorporated into the Project design, will not exceed the City of Menlo Park’s property plane threshold of 60 dBA during daytime hours or 50 dBA during nighttime hours at nearby noisesensitive land uses, as well as the 50 dBA at 50 feet threshold that applies to rooftop equipment in the City.
The Project applicant shall incorporate all feasible methods to reduce noise identified above and other feasible
recommendations from the acoustical analysis and Noise
Reduction Plan into the building design and operations as necessary to ensure that noise sources meet applicable
requirements of the respective noise ordinances at receiving properties.
Project Mitigation Measure NOI-1.4: Emergency Generator Noise Reduction Plan (All Parcels). Prior to approval of a building permit for each building, the Project applicant shall conduct a noise analysis to estimate noise levels from the testing of Project-specific emergency generators, based on the actual generator makes and models proposed and the actual selected attenuation features. Based on the results of the analysis, a Noise Reduction Plan shall be created to ensure noise levels of generator testing are below the applicable Code requirements. The results, methods, and final Noise Reduction Plan shall be provided to the City prior to the issuance of building permits. The analysis shall account for proposed noise attenuation features, such as specific acoustical enclosures and mufflers or silences, and the final Noise Reduction Plan shall demonstrate with reasonable certainty that proposed generator(s) will not exceed the City of Menlo Park noise thresholds of 60 dBA at the nearest noise-sensitive Submit an
Emergency
Generator Noise
Reduction Plan
and implement
noise control
measures to
reduce noise
during operation.
Submit plan
concurrently with
the application for
the first building
permit for each
generator and
implement plan
during operation.
Project Sponsor/
engineers(s)
CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 14 November 2022
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use during daytime hours, and/or 85 dBA at 50 feet for
powered equipment, whichever is lower. Acoustical
treatments may include, but are not limited to:
• Enclosing generator(s);
• Installing relatively quiet model generator(s);
• Orienting or shielding generator(s) to protect noisesensitive receptors to the greatest extent feasible; • Installing exhaust mufflers or silencers;
• Increasing the distance between generator(s) and noisesensitive receptors; and/or • Placing barriers around generator(s) to facilitate the attenuation of noise.
In addition, all Project generator(s) shall be tested only between the hours of 7:00 a.m. and 10:00 p.m. Because no nighttime testing of generators will be allowed, compliance with the 50-dB nighttime noise threshold in the City need not be demonstrated.
The Project applicant shall incorporate sufficient
recommendations from the acoustical analysis into the
building design and operations to ensure that noise sources meet applicable requirements of the noise ordinance.
IMPACT BEING ADDRESSED: Generation of excessive ground-borne vibration or ground-borne noise levels. The Proposed Project would generate excessive ground-borne vibration or noise levels. (Impact NOI-2) ConnectMenlo Mitigation Measure NOISE-2a.1,2 To prevent architectural damage citywide as a result of constructiongenerated vibration:
• Prior to the issuance of a building permit for any
development project requiring pile driving or blasting, the Prepare a noise
and vibration
analysis.
Prior to the issuance
of building permits
Project Sponsor/
engineer(s)
CDD
1 This noise and vibration study for the Proposed Project has been prepared in accordance with ConnectMenlo Mitigation Measure NOISE-2a. 2 ConnectMenlo Mitigation Measure NOISE‐2a has been modified to allow for compliance “to the extent feasible and practical,” which would be subject to review and determination by the Community Development Department.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 15 November 2022
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project applicant/developer shall prepare a noise and
vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. The
maximum levels shall not exceed 0.2 in/sec, which is the level that can cause architectural damage for typical
residential construction. If maximum levels would exceed the thresholds, alternative methods, such static rollers, non-explosive blasting, and pile drilling, as opposed to pile driving, shall be used to the extent feasible and
practical, subject to review and determination by the
Community Development Department.
To prevent vibration-induced annoyance as a result of
construction-generated vibration:
• Individual projects that involve vibration-intensive
construction activities, such as blasting or the use of pile drivers, jack hammers, or vibratory rollers, within 200 feet of sensitive receptors shall be evaluated for potential vibration impacts. A vibration study shall be conducted for individual projects where vibration-intensive impacts may occur. The study shall be prepared by an acoustical or vibration engineer holding a degree in engineering,
physics, or an allied discipline who is able to demonstrate a minimum of 2 years of experience in preparing technical assessments regarding acoustics and/or ground-borne
vibration. The study is subject to review and approval of the Community Development Department.
Vibration impacts on nearby receptors shall not exceed the vibration annoyance levels (in inches per second), as follows:
• Workshop = 0.126
• Office = 0.063
• Residence, daytime (7:00 a.m.–10:00 p.m.) = 0.032
• Residence, nighttime (10:00 p.m. to 7:00 a.m.) = 0.016 If construction-related vibration is determined to be
perceptible at vibration-sensitive uses, additional
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
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requirements, such as less vibration-intensive equipment or construction techniques, shall be implemented during
construction (e.g., non-explosive blasting, pile drilling, as opposed to pile driving, preclusion for vibratory roller use, use of small or medium-sized bulldozers) to the extent feasible and practical. Vibration reduction measures shall be
incorporated into the site development plan as a component of the Project and applicable building plans, subject to the review and approval of the Community Development
Department.
Project Mitigation Measure NOI-2.1: Vibration Control Measures for Annoyance from Daytime Pile Driving Activity. During daytime hours, pile driving activity shall take place no closer than 335 feet from residential land uses, 210 feet from office or school land uses, and 130 feet from workshops or retail land uses, to the extent feasible and practical. When pile driving work must take place closer than these distances from the aforementioned land uses, reduction measures shall be incorporated to the extent feasible and practical, such as the use of alternative pile installation methods that do not require impact or vibratory pile driving. Examples of alternative pile installation methods include auger cast pressure grouted displacement (APGD) piles, stone columns, cast-in-drilled-hole (CIDH) piles, or press-in piles. These measures will be subject to review and approval of the Community Development
Department.
In addition, the construction contractor shall appoint a Project vibration coordinator who will serve as the point of contact for vibration-related complaints during project construction.
Contact information for the Project vibration coordinator will be posted at the Project Site and on a publicly available Project website. Should complaints be received, the Project vibration coordinator shall work with the construction team to adjust activities (e.g., drilling instead of driving piles in closer Implement
vibration control
measures for
daytime pile
driving activity
and limit daytime
pile driving.
Ongoing during
daytime
construction hours;
documentation
provided to City
prior to pile driving
construction
activities
Project Sponsor/
contractor(s)/
Project vibration
coordinator
CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 17 November 2022
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proximity to certain land uses) to the extent feasible and practical to reduce vibration or to reschedule activities for a less sensitive time. The Project vibration coordinator shall notify the Community Development Department of all
vibration-related complaints and actions taken to address the complaints.
Project Mitigation Measure NOI-2.2: Vibration Control Measures for Annoyance from Daytime Construction Activities Excluding Pile Driving. During daytime hours, construction activity involving a vibratory roller shall take place no closer than 90 feet from residential land uses, 60 feet from office or school land uses, and 35 feet from workshops or retail land uses, to the extent feasible and practical, subject to review and approval by the Community Development Department. In
addition, equipment that generates vibration levels similar to a large bulldozer shall take place no closer than 50 feet from residential land uses, 35 feet from office or school land uses, and 20 feet from workshops or retail land uses, to the extent feasible and practical, subject to review and approval by the Community Development Department. Maintaining these
distances between equipment and the nearest residential, school/office, or workshop land uses would ensure vibration levels would be below 0.032 PPV in/sec at the nearest
residences, 0.063 PPV in/sec at the nearest school or office, and 0.126 PPV in/sec at the nearest workshop, per the
requirements in ConnectMenlo Mitigation Measure NOISE-2a.
When construction would require the use of these equipment types at distances closer than these to nearby sensitive uses, reduction measures shall be incorporated to the extent
feasible and practical, such as the use of smaller or less vibration-intensive equipment. For example, the vibration level from a large bulldozer at 10 feet would be approximately
0.352 PPV in/sec, whereas the vibration level from a large bulldozer at the same distance would be approximately 0.012 Implement
vibration control
measures for
annoyance from
daytime
construction
activity, excluding
pile driving, and
limit vibratory
roller use during
daytime hours.
Ongoing during
daytime
construction hours;
documentation
provided to City
prior to vibration
related construction
activities
Project Sponsor/
contractor(s)/
Project vibration
coordinator
CDD
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PPV in/sec. The vibration level from a small bulldozer at 10 feet would be below all daytime vibration thresholds from ConnectMenlo Mitigation Measure Noise-2a. The feasibility of reduction measures shall be subject to review and
determination by the Community Development Department.
In addition, the construction contractor shall appoint a Project vibration coordinator who will serve as the point of contact for vibration-related complaints during Project construction.
Contact information for the Project vibration coordinator will be posted at the Project Site and on a publicly available Project website. Should complaints be received, the Project vibration coordinator shall work with the construction team to adjust activities (e.g., drilling instead of driving piles in closer proximity to certain land uses) to the extent feasible and practical to reduce vibration or to reschedule activities for a less sensitive time. The Project vibration coordinator shall notify the Community Development Department of all vibration-related complaints and actions taken to address the complaints.
Project Mitigation Measure NOI-2.3: Vibration Control Measures for Annoyance from Nighttime Pile Installation Activity. During the nighttime hours of 10:00 p.m. to 7:00 a.m., pile driving activity shall take place no closer than 540 feet from residential land uses to the extent feasible and practical. When pile installation work must take place closer than this distance to residences, alternative pile installation methods that do not require impact or vibratory pile driving shall be employed to the extent feasible and practical. Examples of alternative pile installation methods include auger cast pressure grouted displacement (APGD) piles, stone columns, cast-in-drilled-hole (CIDH) piles, or press-in piles. The feasibility of these alternative measures shall be subject to review and
determination of the Community Development Department.
In addition, the construction contractor shall appoint a Project vibration coordinator who will serve as the point of contact for Implement
vibration control
measures for
annoyance from
nighttime pile
driving and limit
nighttime pile
driving.
Ongoing during
nighttime
construction hours;
documentation
provided to City in
advance of
nighttime pile
installation
activities.
Project Sponsor/
contractor(s)/
Project vibration
coordinator
CDD
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vibration-related complaints during Project construction.
Contact information for the Project vibration coordinator will be posted at the Project Site and on a publicly available Project website. Should complaints be received, the Project vibration coordinator shall work with the construction team to adjust activities (e.g., drilling instead of driving piles in closer proximity to certain land uses) to the extent feasible and practical to reduce vibration or to reschedule activities for a less sensitive time. The Project vibration coordinator shall notify the Community Development Department of all vibration-related complaints and actions taken to address the complaints.
IMPACT BEING ADDRESSED: Cumulative Noise Impacts. Cumulative development would result in a significant and unavoidable cumulative noise impact; thus, the Proposed Project would be a cumulatively considerable contributor to a significant cumulative noise impact. (Impact C-NOI-1)
Implement Project Mitigation Measure NOI-1.1, NOI-1.2, and NOI-1.3, and ConnectMenlo Mitigation Measure NOI-1c, above.
See above. See above. See above. See above.
Cultural Resources
IMPACT BEING ADDRESSED: Historical Resources. The Proposed Project would cause a substantial adverse change in the significance of a historical resource, pursuant to Section 15064.5. (Impact CR-1) Project Mitigation Measure CR-1.1. Remove, Store, and Reinstall Dumbarton Cutoff Line Tracks. The Project Sponsor shall remove the Dumbarton Cutoff Line tracks, store them during construction of the Proposed Project, and reinstall them in their historic location without irreparable damage to their character-defining historic fabric. The Project Sponsor will prepare a preservation plan specifying the practices to be employed to preserve the historical integrity of the tracks during their removal, storage, and reinstallation. These methods may include the following: using straps to lift rails rather than chains or other “metal on metal” methods,
marking or numbering the track components so they can be replaced in their original sequence, and ensuring secure storage onsite or in a lay-down area. Following tunnel
Remove, store,
and reinstall
Dumbarton Cutoff
Line tracks and
implement a
preservation plan
to preserve the
historical integrity
of the tracks.
Preparation of plan
prior to the issuance
of demolition
permits related to
Willow Road Tunnel
construction
activities as well as
storage and
reinstallation of
tracks during
construction
Project Sponsor/
contractor(s)
CDD and San
Mateo County
Transit District
(SamTrans)
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construction, the rail segments will be returned to their preconstruction location in Willow Road on new ballast and ties or other appropriate material for the rail crossing. The preservation plan shall be reviewed and approved by the City and SamTrans prior to the issuance of demolition permits related to construction activities within Willow Road, and the Project Sponsor will incorporate the recommended protective measures into construction specifications.
IMPACT BEING ADDRESSED: Archaeological Resources. The Proposed Project would cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5. (Impact CR-2) Implement Project Mitigation Measures TCR-1.1 and TCR-1.2, below (see Tribal Cultural Resources)
See below. See below. See below. See below.
ConnectMenlo Mitigation Measure CULT-2a (Modified) Stop Work if Archaeological Material or Features Are Encountered during Ground-Disturbing Activities.
If a potentially significant subsurface cultural resource is encountered during ground-disturbing activities on any parcel in the city, all construction activities within a 100-foot radius of the find shall cease until a qualified archeologist determines whether the resource requires further study. In addition, if a potentially significant subsurface cultural resource is encountered during ground-disturbing activities within the California Department of Transportation (Caltrans) right-of-way, the Caltrans District 4 Office of Cultural Studies shall be immediately contacted at [510] 847-1977). All developers in the Study Area shall include a standard inadvertent discovery clause in every construction contract to inform contractors of these requirements. Any previously undiscovered resources found during construction activities shall be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria by a qualified archeologist in accordance with Project Mitigation Measure TCR1.2.
Stop work if
archaeological
materials and/or
cultural resources
are discovered
and determine
whether resource
requires further
study.
Initiated after a find
is made during
construction, with
regularly scheduled
site inspections
thereafter
Project Sponsor/
qualified
archaeologist
approved by CDD
CDD
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IMPACT BEING ADDRESSED: Human Remains. The Proposed Project could disturb human remains, including those interred outside of dedicated cemeteries. (Impact CR-3)
Implement Project Mitigation Measures TCR-1.1, TCR-1.2, TCR-2.1, and ConnectMenlo Mitigation Measure CULT-4
(Modified), below (see Tribal Cultural Resources)
See below. See below. See below. See below.
Biological Resources
IMPACT BEING ADDRESSED: Indirect Impacts on Special-Status Species. The Proposed Project would result in substantial predation among special-status bird and mammal species that breed in the nearby brackish marshes and may forage, in the case of special-status birds, in the Project area. (Impact BIO-2)
Project Mitigation Measure BIO-2.1: Feral Cat Management Program. The Project Sponsor shall implement a feral cat management program, similar to the program developed in conjunction with the Peninsula Humane Society and the Society for the Prevention of Cruelty to Animals for the East Campus in 2013. Prior to the program being implemented, the program developer shall coordinate with local humane societies and animal service centers to identify facilities able to take cats. The program coordinator shall coordinate with facilities receiving cats to ensure that efforts are made to attempt to reunite any inadvertently trapped pet cat with its owners.
For one week every 3 months (i.e., each quarter), three live trap cages, designed to trap domestic cats, shall be placed around the perimeter of the main Project Site in locations where feral cats are likely to prey upon native wildlife species. The traps shall be deployed and maintained by a qualified trapping professional (such as an animal management company or other trained and experienced animal or wildlife professional). The duration of traps shall be coordinated with the specified intake facility so that the facility is prepared and open to receive trapped cats.
Each trap cage shall be monitored and maintained on a daily basis during the week when traps have been set to determine whether a cat has been caught and whether the trap has
inadvertently captured a non-target species (e.g. pet cat or Implement a feral
cat management
program.
Ongoing beginning
with occupancy of
the first building at
a level of
extensiveness
commensurate with
the level of
development and
based on reasonable
data (e.g., nearby
feral cat
management
efforts).
Trap cages must be
placed for 1 week
every 3 months (i.e.,
each quarter) for
the duration of
Project operation.
Project Sponsor/
qualified trapping
professional
CDD
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wildlife). Traps shall not be deployed during extreme weather (e.g., heat, cold, rain). Traps shall contain water and be at least partially covered where feasible to attempt to reduce stress of trapped animals.
If a cat is caught, the qualified professional shall transport the trapped cat as soon as practicable to the local humane society or animal service center that accepts trapped cats. If an animal other than a feral cat is caught in one of the traps, such as a suspected pet cat (e.g. cat with a collar) or wildlife, it shall be released immediately at the trap location.
Because there are residences within and adjacent to the Project Site and the area where the Feral Cat Management Program will take place, efforts will be taken to ensure that residences are aware of the program to avoid inadvertent trapping and removal of pet cats. Visible signage shall be installed a week in advance of trapping and shall remain installed for the duration of trapping.
The signs will have contact information should residents have questions or concerns.
IMPACT BEING ADDRESSED: Impacts on Riparian Habitat and Other Sensitive Natural Communities. Project demolition and construction would affect riparian habitat and other sensitive natural communities. (Impact BIO-3) Project Mitigation Measure BIO-3.1: Avoid and Minimize
Impacts on Riparian Habitat and Other Sensitive Natural Communities. To the extent feasible, construction activities should avoid or minimize the removal of wetland vegetation or the placement of fill in the wetlands immediately north and northeast of the Project Site. If all direct impacts on wetlands (i.e., vegetation removal, loss, and fill) are avoided, Mitigation Measures BIO-3.2 and BIO-3.3 would not need to be
implemented. However, if any wetland vegetation needs to be removed from the wetlands, or any fill needs to be placed in the wetlands, or post-construction conditions result in vegetation loss, Mitigation Measure BIO-3.2 (and Mitigation Measure BIO-3.3 if permanent impacts would occur) shall be implemented.
Avoid and
minimize the
removal of
wetland
vegetation or
placement of fill in
wetlands.
During construction Project Sponsor/
contractor(s)
CDD
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Project Mitigation Measure BIO-3.2: In-Situ Restoration of Temporary Impacts. If impacts on the wetlands immediately north of the Project Site are temporary, resulting in vegetation removal or temporary fill within the wetland but no
permanent fill, then the wetland area shall be restored by the Project Sponsor following construction. The herbaceous
seasonal wetlands are likely to become recolonized easily without the need for seeding and planting as long as their existing hydrology and topography are restored following temporary impacts. There is some potential for the arroyo willow clumps in the isolated forested wetland to regrow from cut stumps. In such a case, the in-situ restoration shall involve simply protecting the area with exclusion fencing following construction to allow for regrowth of vegetation.
For temporary impacts involving removed willow root masses where in-situ restoration is still an option, a more detailed restoration plan shall be developed. The mitigation shall, at a minimum, achieve no net loss of wetland acreage (i.e.,
jurisdictional wetlands lost to fill shall be replaced through the creation or restoration of wetland habitat of the same type as the affected habitat [either forested or herbaceous seasonal] at a minimum ratio of 1:1 on an acreage basis or as otherwise required by any state or federal permitting agencies) or ecological functions and values through the restoration and enhancement of the affected wetlands to a level equal to or greater than the baseline condition of the existing wetlands.
An in-situ restoration approach could involve salvaging wetland plant material prior to construction (e.g., willow cuttings or willow clumps, in the case of the isolated forested wetland) and then replanting the material if the seasonal timing of construction is appropriate. United States Army Corps of Engineers (USACE) and/or Regional Water Quality Control Boards (RWQCB) approvals may be required to
authorize temporary impacts on these features.
If impacts on
wetlands are
temporary,
restore wetlands
to preconstruction
conditions and
prepare a
restoration plan, if
needed.
Immediately
following
construction (if
applicable)
Project Sponsor CDD/USACE/
RWQCB
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Project Mitigation Measure BIO-3.3: Provide Compensatory Mitigation. If any permanent fill or permanent loss of the isolated forested wetland or the herbaceous seasonal
wetlands occurs, the Project Sponsor shall provide new
wetland habitat of the same type (either forested or
herbaceous seasonal) to offset this impact, either through the creation, enhancement, or restoration of wetlands in an appropriate location or through the purchase of mitigation credits from a USACE- or RWQCB-approved wetland
mitigation bank. The purchase of such credits shall serve as full mitigation for impacts on these wetland features.3 If Project-specific creation, enhancement, or restoration of wetland habitat is implemented, habitat shall be restored or created at a minimum ratio of 2:1 (compensation: impact) on an acreage basis or as otherwise required by any state or federal permitting agencies. This ratio is not higher because of the relatively low quality of the wetlands on the Project Site relative to the more extensive, less fragmented wetlands elsewhere in the region, and it is not lower because of the temporal loss of wetland functions and values that would result from the lag between impacts on the wetlands and maturation of the mitigation habitat. USACE and/or RWQCB approvals may be required to authorize permanent impacts on this feature.
To the extent that compensatory mitigation is not provided by purchasing mitigation credits from a USACE- or RWQCBapproved wetland mitigation bank, then, if feasible, compensation shall be provided by creating, enhancing, or restoring wetland habitat so as to achieve the 2:1 ratio somewhere in San Mateo County or as otherwise required by any state or federal permitting agencies. A qualified biologist If impacts on
wetlands are
permanent,
provide new
wetland habitat of
the same type or
purchase
mitigation credits
to offset any
impacts on
wetlands and
prepare a wetland
mitigation and
monitoring plan, if
needed.
Immediately
following
construction (if
applicable)
Project Sponsor/
qualified biologist
CDD/USACE/
RWQCB
3 Refer to U.S. Army Corps of Engineers 33 CFR Part 325 and State Water Resources Control Board’s State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (April 2, 2019), pages 28 and 29.
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shall develop a wetland mitigation and monitoring plan that describes the mitigation, including the following components (or as otherwise modified by regulatory agency permitting conditions):
• Summary of habitat impacts and proposed mitigation
ratios;
• Goal of the restoration to achieve no net loss of habitat functions and values;
• Location of mitigation site(s) and description of existing site conditions;
• Mitigation design;
o Existing and proposed site hydrology;
o Grading plan, if appropriate, including bank
stabilization or other site stabilization features;
o Soil amendments and other site preparation elements,
as appropriate; Planting plan;
o Irrigation and maintenance plan;
o Remedial measures and adaptive management; and
• Monitoring plan, including final and performance criteria, monitoring methods, data analysis, reporting
requirements, and monitoring schedule. Success criteria shall include quantifiable measurements of wetland
vegetation type (e.g., dominance by natives), the
appropriate extent for the restoration location, and the provision of ecological functions and values equal to or exceeding those in the affected wetland habitat. At a
minimum, success criteria shall include following:
o At Year 5 post-mitigation, at least 75 percent of the mitigation site shall be dominated by native
hydrophytic vegetation.
The wetland mitigation and monitoring plan must be
approved by the City and other applicable agencies prior to the wetland impacts and must be implemented within 1 year Resolution No. XXXX
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after the discharge of fill into wetland features. Alternately, offsite mitigation could be provided through the purchase of mitigation credits at an agency-approved mitigation bank, as noted above.
IMPACT BEING ADDRESSED: Impacts on State and/or Federally Protected Wetlands. Project demolition and construction could affect state and/or federally protected wetlands. (Impact BIO-4)
Implement Mitigation Measures BIO-3.1, BIO-3.2, and BIO-3.3, above.
See above. See above. See above. See above.
IMPACT BEING ADDRESSED: Impacts on Wildlife Movement and Native Wildlife Nursery Sites. The removal of buildings, trees, shrubs, or woody vegetation and the construction of new buildings and installation of lighting could affect native migratory birds. (Impact BIO-5) Project Mitigation Measure BIO-5.1: Avoidance and Preconstruction Surveys for Nesting Migratory Birds. The Project Sponsor shall implement the following measures to reduce impacts on nesting migratory birds:
• To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction
activities are scheduled to take place outside the nesting season, all impacts on nesting birds protected under the MBTA and California Fish and Game Code will be avoided.
The nesting season for most birds in San Mateo County
extends from February 1 through August 31.
• If it is not possible to schedule construction activities between September 1 and January 31, then
preconstruction surveys for nesting birds shall be
conducted by a qualified ornithologist to ensure that no nests of migratory birds will be disturbed during Project implementation. Surveys shall be conducted no more than 7 days prior to the initiation of construction activities for each construction phase. During this survey, the
ornithologist shall inspect all trees and other potential nesting habitats (e.g., trees, shrubs, California annual grasslands, buildings) in and immediately adjacent to the impact areas for migratory bird nests.
Avoid
construction
during the nesting
season from
February 1
through August
31; if not feasible,
conduct preconstruction
surveys for birds
and potential
nesting habitat.
Establish a
construction-free
buffer zone if an
active nest is
found.
Ongoing during
construction.
In the event
construction
activities are
initiated between
February 1 through
August 31,
preconstruction
nesting surveys of
potential nesting
habitat onsite shall
be conducted no
earlier than 7 days
prior to start of
construction
activities for each
applicable
construction phase.
Project Sponsor/
qualified
ornithologist
CDD
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• If an active nest is found within trees or other potential nesting habitats that would be disturbed by construction activities, a construction-free buffer zone (typically 300 feet for raptors and 100 feet for other species) will be established around the nest to ensure that species that are protected under the MBTA and California Fish and Game
Code will not be disturbed during Project implementation.
The ornithologist shall determine the extent of the buffer. • If construction activities will not be initiated until after the start of the nesting season, all potential nesting
substrates (e.g., bushes, trees, grasses, and other
vegetation) that are scheduled to be removed by the
Proposed Project may be removed prior to the start of the nesting season (i.e., prior to February 1). This would
preclude the initiation of nests in this vegetation and prevent any potential delay for the Proposed Project
because of the presence of active nests in these substrates.
Project Mitigation Measure BIO-5.2: Atrium Bird-safe Design Requirements. The Project Sponsor shall implement the
following measures to reduce impacts on migratory birds due to construction of the atrium:
• The Project Sponsor shall treat 100 percent of the glazing on the dome-shaped portions of the atrium’s façades (i.e., all areas of the north façade and all areas of the south façade above the Elevated Park) with a bird-safe glazing treatment to reduce the frequency of collisions. This
glazing shall have a Threat Factor of 15 or less.4Because a Threat Factor is a nonlinear index, its value is not
Implement birdsafe design
standards for the
proposed atrium.
Monitor and
survey bird
collisions.
Implement
modifications to
Design standards
for atrium prior to
issuance of the
building permit for
the building shell
and for the duration
of use at the
building
Project Sponsor/
architect/
qualified biologist
CDD
4 A material’s Threat Factor, as assigned by the American Bird Conservancy, refers to the level of danger posed to birds, based on the birds’ ability to perceive the material as an obstruction, as tested using a “tunnel” protocol (a standardized test that uses wild birds to determine the relative effectiveness of various products at deterring bird collisions). The higher the Threat Factor, the greater the risk that collisions will occur. An opaque material will have a Threat Factor of 0, and a completely transparent material will have a Threat Factor of 100. Threat Factors for many commercially available façade materials can be found at https://abcbirds.org/wp-content/ uploads/2021/01/Masterspreadsheet-1-25-2021.xlsx.
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equivalent to the percent reduction in collisions that a glazing product provides. However, products with lower
Threat Factors result in fewer bird collisions.
• The Project Sponsor shall treat 100 percent of the glazing on the atrium’s east and west façades with a bird-safe
glazing treatment to reduce the frequency of collisions.
This glazing shall have a Threat Factor of 15 or less.
• Interior trees and woody shrubs shall be set back from the atrium’s east, west, and non-sloped (i.e.,
vertical/perpendicular to the ground) portions of the
south façades by at least 50 feet to reduce the potential for collisions with these facades due to the visibility of interior trees. This 50-foot distance is greater than the distance used in the project design for the north and
sloped portions of the south facades (e.g., 20-25 feet for the north façade) due to the vertical nature of the east, west, and non-sloped portion of the south façades, as
opposed to the articulated nature of the north and sloped portions of the south façades (which is expected to reduce the visibility of internal vegetation to some extent), as well as the direct line-of-sight views between interior and exterior vegetation through the east, west, and non-sloped portions of the south façades compared to the north
façade (where internal vegetation is elevated above
exterior vegetation). Interior trees and shrubs that are not visible through the east, west, and south façades may be planted closer than 50 feet to glass façades.
• Because the glass production process can result in
substantial variations in the effectiveness of bird-safe glazing, a qualified biologist will review physical samples of all glazing to be used on the atrium to confirm that the bird-safe frit will be visible to birds under various lighting conditions and expected to be effective.
the atrium to
reduce collisions if
a hot spot is
identified.
Survey bird
collisions for a
minimum of 2 years
following
construction.
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• The Project Sponsor shall monitor bird collisions around the atrium for a minimum of 2 years following
construction to identify any collision “hot spots” (i.e., areas where collisions occur repeatedly). A monitoring
plan for the atrium shall be developed by a qualified
biologist and shall include focused surveys for bird
collisions from late April through May (spring migration), September through October (fall migration), and midNovember through mid-January (winter) to maximize the possibility of detecting bird collisions that might occur.
Surveys of the atrium shall be conducted daily for 3 weeks during each of these periods (i.e., 21 consecutive days during each season, for a total of 63 surveys per year). In addition, for the 2-year monitoring period, surveys of the atrium shall be conducted the day following nighttime
events during which temporary lighting exceed would
typical levels (i.e., levels specified in the International Dark-Sky Association’s defined lighting zone, LZ-2
[Moderate Ambient], from dusk until 10:00 p.m., or 30
percent below these levels from 10:00 p.m. to midnight).
The applicant can assign responsibility for tracking events and notifying the biologist when a survey is needed to a designated individual who is involved in the planning and scheduling of atrium events. The timing of the 63 seasonal surveys (e.g., morning or afternoon) shall vary on the
different days to the extent feasible; surveys conducted specifically to follow nighttime events shall be conducted in the early morning.
• At a frequency of no less than every 6 months, a qualified biologist shall review the bird collision data for the atrium in consultation with the City to determine whether any
potential hot spots are present (i.e., if collisions have occurred repeatedly at the same location). A “potential hot spot” is defined as a cluster of three or more collisions that Resolution No. XXXX
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occur within one of the 3-week monitoring periods
described above at a given location on the atrium. The
“location” shall be identified by the qualified biologist as makes sense for the observed collision pattern, and may consist of a single pane of glass, an area of glass adjacent to a landscape tree or light fixture, the 8,990-square-foot vertical façade beneath the Elevated Park, the façade
adjacent to the vegetation at the Elevated Park, the
atrium’s east façade, the atrium’s west façade, or another defined area where the collision pattern is observed.
“Location” shall be defined based on observations of (1) collision patterns and (2) the architectural, lighting, and/or landscape features that contributed to the
collisions and not arbitrarily determined (e.g., by
assigning random grids). If any such potential hot spots are found, the qualified biologist shall provide an opinion as to whether the potential hot spots will affect bird
populations over the long term to the point that additional measures (e.g., light adjustments, planting of vegetation) will be needed to reduce the frequency of bird strikes at the hot spot location in order to reduce impacts to a lessthan-significant level under CEQA (i.e., whether it constitutes an actual “hotspot”). This determination shall be based on the number of birds and the species of birds that collide with the atrium over the monitoring period. In addition, a “hotspot” is automatically defined if a cluster of five or more collisions are identified at a given “location” on the atrium within one of the three-week monitoring
periods described above. If a hotspot is identified,
additional measures will be implemented at the potential hotspot location at the atrium; these may include one or more of the following options in the area of the hotspot depending on the cause of the collisions:
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
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Mitigation Measures Action Timing Implementing
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o Adding a visible bird-safe frit pattern, netting, exterior screens, art, printed sheets, interior shades, grilles, shutters, exterior shades, or other features to
untreated glazing (i.e., on the façade below the
Elevated Park) to help birds recognize the façade as a
solid structure.
o Installing interior or exterior blinds on buildings
within the atrium to prevent light from spilling
outward though glazed façades at night.
o Reducing lighting by dimming fixtures, redirecting
fixtures, turning lights off, and/or adjusting the
programmed timing for dimming/shutoff.
o Replacing certain light fixtures with new fixtures to increase shielding or redirect lighting.
o Adjusting or reducing lighting during events.
o Adjusting the timing of events to reduce the frequency during certain times of year (e.g., spring and/or fall
migration) when relatively high numbers of collisions
occur.
o Adjusting landscape vegetation by removing,
trimming, or relocating trees or other plants (e.g.,
moving them farther from glass) or blocking birds’
views of vegetation through glazing (e.g., using a
screen or other opaque feature).
• If modifications to the atrium are implemented to reduce collisions at a hot spot, 1 year of subsequent focused
monitoring of the hot-spot location shall be performed to confirm that the modifications effectively reduced bird collisions to a less-than-significant level under CEQA. In the event that a hot-spot is detected at a time when there is less than one year remaining of the initial 2-year
monitoring period, then this one year of subsequent
monitoring of that hot-spot would extend beyond the 2-
year monitoring period described above.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 32 November 2022
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Action Timing Implementing
Party Monitoring Party
Project Mitigation Measure BIO-5.3: Lighting Design
Requirements. The Project Sponsor shall prepare a lighting design plan that incorporates and implements the following measures to reduce lighting impacts on migratory birds. Prior to implementation of the lighting design plan, a qualified biologist shall review the final lighting design plan to confirm that the required measures are incorporated:
• To the maximum extent feasible, up-lighting (i.e., lighting that projects upward above the fixture) shall be avoided in the Project design. All lighting shall be fully shielded to prevent illumination from shining upward above the
fixture. If up-lighting cannot be avoided in the Project design, up-lights shall be shielded and/or directed such that no luminance projects above/beyond the objects at
which they are directed (e.g., trees and buildings) and no light shines directly into the eyes of a bird flying above the object. If the objects themselves can be used to shield the lights from the sky beyond, no substantial adverse effects on migrating birds are anticipated.
• All lighting shall be fully shielded to prevent it from shining outward and toward Bay habitats to the north. No light trespass shall be permitted more than 80 feet
beyond the Project Site’s northern property line (i.e., beyond the Dumbarton Rail Corridor).
• With respect to exterior lighting in the northern portion of the Project Site (i.e., areas north of Main Street and Office Buildings 03 and 05 surrounding the hotel, Town Square
retail pavilion, Office Building 04, event building, and North Garage), and with respect to interior portions of the atrium, exterior lighting shall be minimized (i.e., outdoor lumens shall be reduced by at least 30 percent, consistent with recommendations from the International Dark-Sky
Association [2011]) from 10:00 p.m. until sunrise, except as needed for safety and compliance with Menlo Park
Implement
lighting design
measures to
reduce lighting
impacts on
migratory birds.
Prior to issuance of
building permit
Ongoing during
operation of Project
Project Sponsor/
architect
CDD/qualified
biologist
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 33 November 2022
WILLOW VILLAGE MASTER PLAN PROJECT
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Mitigation Measures Action Timing Implementing
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Municipal Code. With respect to Office Buildings 01, 02, 03, 05, and 06, South Garage, and the residential/mixeduse buildings, exterior lighting shall be minimized (i.e., total outdoor lighting lumens shall be reduced by at least 30 percent or extinguished, consistent with
recommendations from the International Dark-Sky
Association [2011]) from midnight until sunrise, except as needed for safety and City code compliance.
• Temporary lighting that exceeds minimal site lighting requirements may be used for nighttime social events.
This lighting shall be switched off no later than midnight.
No exterior up-lighting (i.e., lighting that projects upward above the fixture, including spotlights) shall be used
during events.
• Lights shall be shielded and directed so as not to spill outward from the elevator/stair towers and into adjacent areas.
• Interior or exterior blinds shall be programmed to close on north-facing windows of buildings within the atrium
from 10:00 p.m. to sunrise to prevent light from spilling outward.
• Accent lighting within the atrium shall not be used to illuminate trees or vegetation. Alternatively, the applicant shall provide documentation to the satisfaction of a
qualified biologist that the illumination of vegetation and/or structures within the atrium by accent lighting
and/or up-lighting will not make these features more
conspicuous to the human eye from any elevation outside the atrium compared to ambient conditions within the
atrium. The biologist shall submit a report to the City following completion of the lighting design, documenting compliance with this requirement.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 34 November 2022
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Mitigation Measures Action Timing Implementing
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IMPACT BEING ADDRESSED: Impact BIO-6: Conflicts with Any Local Policies or Ordinances that Protect Biological Resources. The Project would result in conflicts with the Menlo Park Municipal Code. (Impact BIO-6) Implement Mitigation Measures BIO-2.1, BIO-3.1 through
BIO-3.3, and BIO-5.2, above.
See above. See above. See above. See above.
Geology and Soils
IMPACT BEING ADDRESSED: Paleontological Resources. The Proposed Project could destroy a unique paleontological resource or site. (Impact GS-5)
ConnectMenlo Mitigation Measure CULT-3: Conduct Protocol and Procedures for Encountering Paleontological Resources. In the event that fossils or fossil-bearing deposits are discovered during ground-disturbing activities anywhere in the City, excavations within a 50-foot radius of the find shall be temporarily halted or diverted. Ground disturbance work shall cease until a Cityapproved, qualified paleontologist determines whether the resource requires further study. The paleontologist shall document the discovery as needed (in accordance with Society of Vertebrate Paleontology standards [Society of Vertebrate Paleontology 1995]), evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine the procedures that would be followed before construction activities would be allowed to resume at the location of the find. If avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. The excavation plan shall be submitted to the City of Menlo Park for review and approval prior to implementation, and all construction activity shall adhere to the recommendations in the excavation plan.
Conduct protocol
and procedures
for encountering
paleontological
resources.
During construction,
in the event that
fossils or fossilbearing deposits are
discovered
Project Sponsor/
qualified
paleontologist
approved by CDD
CDD
Project Mitigation Measure PALEO-1: Conduct Worker
Awareness Training. Before the start of any excavation or grading activities, the construction contractor will retain a qualified paleontologist, as defined by the SVP, who is experienced in teaching non-specialists. The qualified
Conduct worker
awareness
training.
Prior to any
excavation or
grading activities
Project Sponsor/
contractor(s)/
qualified
paleontologist
CDD
Resolution No. XXXX
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Mitigation Measures Action Timing Implementing
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paleontologist will train all construction personnel who are involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils that are likely to be seen during construction, and proper notification procedures should fossils be encountered. Procedures to be conveyed to workers include halting construction within 50 feet of any potential fossil find and notifying a qualified paleontologist, who will evaluate the significance.
The qualified paleontologist will also make periodic visits during earthmoving in high sensitivity sites to verify that workers are following the established procedures.
IMPACT BEING ADDRESSED: Cumulative Geology and Soil Impacts. Cumulative development would result in a less than significant cumulative impact to geology, soils, and seismicity, and thus the Proposed Project would not be a cumulatively considerable contributor to any significant cumulative impact to geology, soils, and seismicity. Cumulative development would result in a less-than-significant cumulative impact with mitigation to paleontological resources and the Proposed Project would not be a cumulatively considerable contributor to any significant cumulative impact. (Impact C-GS-1)
Implement ConnectMenlo Mitigation Measure CULT-3, above. See above. See above. See above. See above.
Hydrology
IMPACT BEING ADDRESSED: Water Quality. The Proposed Project could violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface water or groundwater quality. (Impact HY-1) Project Mitigation Measure HY-1.1: Implement Construction Dewatering Treatment (if necessary). If dewatering is needed to complete the Proposed Project, and if water from dewatering is discharged to a storm drain or surface water body, dewatering treatment may be necessary if groundwater exceeding water quality standards is encountered during excavation. Because there is potential for groundwater to be contaminated with VOCs or fuel products at the Project Site, the Project Sponsor would be required to comply with the San Francisco Bay Regional Water Board’s VOC and Fuel General Permit (Order No. R2-2018-0050) if groundwater exceeding water quality standards is
encountered.
Implement
construction
dewatering
treatment if
groundwater is
encountered.
During construction
(if necessary)
Project Sponsor/
contractor(s)
CDD
Resolution No. XXXX
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If dewatering requires discharges to the storm drain system or other water bodies, the water shall be pumped to a tank and tested using grab samples and sent to a certified laboratory for analysis. If it is found that the water does not meet water quality standards, it shall be treated as necessary prior to discharge so that all applicable water quality objectives (as noted in Table
3.11-2) are met or it shall be hauled offsite instead for treatment and disposed of at an appropriate waste treatment facility that is permitted to receive such water. The water treatment methods selected shall remove contaminants in the groundwater to meet discharge permit requirements while achieving local and state requirements, subject to approval by the San Francisco Bay Regional Water Board. Methods may include retaining
dewatering effluent until particulate matter has settled before discharging it or using infiltration areas, filtration techniques, or other means. The contractor shall perform routine inspections of the construction area to verify that water quality control measures are properly implemented and maintained, observe the water (i.e., check for discoloration or an oily sheen), and perform other sampling and reporting activities prior to discharge. The final selection of water quality control measures shall be submitted in a report to the San Francisco Bay Regional Water Board for approval prior to construction. If the results from the groundwater laboratory do not meet water quality standards and the identified water treatment measures cannot ensure that treatment meets all standards for receiving water quality, then the water shall be hauled offsite instead for treatment and disposal at an appropriate waste treatment facility that is permitted to receive such water.
IMPACT BEING ADDRESSED: Conflict or Obstruct a Water Resource Management Plan. The Proposed Project could conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (Impact HY-5) Implement Project Mitigation Measure HY-1.1, above. See above. See above. See above. See above.
Hazards and Hazardous Materials
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
Mitigation Monitoring and Reporting Program 37 November 2022
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Mitigation Measures Action Timing Implementing
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IMPACT BEING ADDRESSED: Upset and Accident Conditions Involving Hazardous Materials. The Proposed Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (Impact HAZ-2)
ConnectMenlo Mitigation Measure HAZ‐4a: Environmental Site Management Plan. Construction of any site in the City with known contamination shall be conducted under a Project‐ specific Environmental Site Management Plan (ESMP)
prepared in consultation with the Regional Water Quality Control Board (RWQCB) or the Department of Toxic
Substances Control (DTSC), as appropriate. The purpose of the ESMP is to protect construction workers, the general public, the environment, and future site occupants from subsurface hazardous materials previously identified at the site and address the possibility of encountering unknown
contamination or hazards in the subsurface. The ESMP shall summarize soil and groundwater analytical data collected on the site during past investigations; identify management options for excavated soil and groundwater, if contaminated media are encountered during deep excavations; and identify monitoring, irrigation, or wells that require proper
abandonment in compliance with local, state, and federal laws, policies, and regulations.
The ESMP shall include measures for identifying, testing, and managing soil and groundwater suspected of or known to
contain hazardous materials. The ESMP shall 1) provide
procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during excavation and dewatering activities, respectively; 2) describe required worker health and safety provisions for all workers who could be exposed to hazardous materials, in accordance with state and federal worker safety regulations; and 3) designate the personnel responsible for implementation of the ESMP.
Prepare an
Environmental
Site Management
Plan.
During the building
permit and site
development review
process and prior to
permit issuance
Project Sponsor/
personnel
designated in the
ESMP
DTSC/ CDD
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
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Mitigation Measures Action Timing Implementing
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Project Mitigation Measure HAZ-2.1: Phase I Environmental Site Assessment for the Willow Road Tunnel under Dumbarton Rail Corridor and Willow Road. For the offsite improvement in the area where the Willow Road Tunnel passes under the
Dumbarton Rail Corridor and Willow Road, a Phase I ESA shall be performed by a licensed environmental professional. The Phase I ESA shall identify RECs at the site and indicate whether a Phase II ESA is required in order to evaluate contamination at the site.
Perform/obtain a
Phase I Site
Assessment for
the Willow Road
Tunnel.
Prior to
construction of the
Willow Road Tunnel
Project Sponsor/
licensed
environmental
professional
CDD
IMPACT BEING ADDRESSED: Exposure to Schools. The Proposed Project would not emit hazardous emissions or involve handling hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school. (Impact HAZ-3) Implement Project Mitigation Measure HAZ-2.1 and
ConnectMenlo Mitigation Measure HAZ-4a, above.
See above. See above. See above. See above.
IMPACT BEING ADDRESSED: Cumulative Hazards and Hazardous Materials Impacts. Cumulative development would not result in a significant cumulative impact from hazards and hazardous materials, and the Proposed Project would not be a cumulatively considerable contributor to such a cumulative impact. (Impact C-HAZ-1)
Implement ConnectMenlo Mitigation Measure HAZ-4a, above. See above. See above. See above. See above.
Tribal Cultural Resources
IMPACT BEING ADDRESSED: Tribal Cultural Resources. The Proposed Project could cause a substantial adverse change in the significance of a tribal cultural resource, as defined in PRC Section 21074. (Impact TCR-1) Project Mitigation Measure TCR-1.1: Avoidance and Mitigation of Impacts
Plan Check
Prior to issuance of grading permits, the Project Sponsor shall ensure and the City shall verify that the applicable grading plans that require ground-disturbing excavation clearly indicate:
• That there is potential for exposing buried cultural
resources, including tribal cultural resources (“TCRs”) and Native American burials; and
• That excavations associated with soil remediation,
removal of below grade utilities, and initial mass
Preservation in
place of known
tribal cultural
resources through
plan check and
measures for the
Core, Perimeter,
High Sensitivity
Area, and existing
known reburials.
Prior to the issuance
of grading permits
(plan check and
field manual)
During construction
(implement design
measures and
preservation)
Project Sponsor/
contractor(s)
CDD
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grading at the main Project Site and all ground
disturbing activities within the Core and Perimeter
(including the High Sensitivity Area) require the
presence of an archaeological monitor and tribal
monitor in accordance with the Archaeological and
Tribal Cultural Resources Monitoring and Treatment
Protocol and Plan (“ATMTPP”), as defined in Mitigation
Measure TCR-1.2; and
• That all ground disturbing activities require compliance with the ATMTPP.
All archaeological site information supplied to the
contractor shall be considered and marked confidential. Any no-disturbance zones shall be labelled as environmentally sensitive areas.
Prior to issuance of grading permits for the Project, the Project Sponsor and City shall, with input from the tribes that engaged in consultation with the City on the Proposed Project pursuant to Assembly Bill 52 (“Consulting Tribes”), develop a non-confidential field manual summarizing the approved TCR mitigation measures and the approved
ATMTPP requirements. This list shall be provided to all relevant personnel implementing TCR mitigation measures.
Archeological and tribal monitors shall be invited to attend all tailgate safety meetings at which safety concerns and other pertinent information regarding current construction activities are presented.
Measures for the Core
The Project Sponsor shall avoid or mitigate ground-disturbing excavation in the Core as detailed below.
• Ground disturbance into the existing culturally affected soil of the Core is prohibited. The following
performance standards for capping, minimizing
Resolution No. XXXX
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construction loading, and preservation in place of the
Core shall apply.
Capping of Core
• The Project Sponsor shall install a culturally sterile engineered cap of four to seven feet to cover the
cultural deposits within the Core and preserve the Core in place. Tribal and archaeological monitoring shall be required during the installation of the fill cap on the Core.
• Onsite soil material is suitable as fill material provided that it is processed to remove concentrations of organic material, debris, and particles greater than six inches in maximum dimension; oversized particles shall either be
removed from the fill or broken down to meet the
requirement. Imported fill material shall meet the above requirements and have a plasticity index of less than 20.
Material used for engineered fill shall not contain or
introduce contaminants in excess of applicable
Department of Toxic Substances Control (“DTSC”)
Environmental Screening Levels (“ESLs”). Any TCR
materials within the soil matrix that are identified as TCRs by a tribal monitor shall be treated in accordance with the ATMTPP and shall not be broken down or used
in fill.
• Construction activities shall be conducted in a manner that protects against penetration of the culturally affected soil within the Core and reduces the potential for
disturbance from concentrated surface loads. The
following measures shall be implemented within the Core during fill placement and any subsequent construction to reduce potential impacts on subsurface archaeological
and cultural materials.
o An elevation contour plan shall be created to guide the surface preparation necessary to place the fill cap
Resolution No. XXXX
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within the Core boundaries. The plan shall show the
top of the culturally affected soil elevation to establish a six-inch-thick protection layer above the culturally
affected soil layer, below which soil excavation or
penetration shall not be permitted.
o Tree root balls from trees removed within the Core
boundary that have roots extending within an area 24
inches from the culturally affected soil layer shall be left in place. Stumps may be ground flat with the existing
grade.
o Clearing of surface vegetation within the Core boundary shall be performed through hand grubbing.
o Ground surface preparation prior to fill placement
within the Core boundary shall use relatively light
equipment (3,000 to 5,000 pounds), such as a walkbehind roller, to densify the six-inch-thick protection material. The use of relatively light equipment reduces potential for densification below the buffer zone.
o A layer of geogrid reinforcement shall be placed over the prepared ground surface within the Core boundary.
Geogrid shall consist of a triaxial grid (e.g., TX140 or approved equivalent). A second layer of geogrid shall be placed to reinforce the engineered fill approximately 24 inches above the base geogrid layer. Geogrid shall be
installed in accordance with the manufacturer’s
specifications. After placement of the geogrid, there shall be no soil disturbance in the Core below the top layer of geogrid.
o Once the six-inch-thick protection layer has been
prepared and the base reinforcement grid placed
within the Core boundary, engineered fill may be
placed in eight-inch lifts and compacted using a
single-drum ride-on sheepsfoot roller. The roller
shall not be parked or left stationary on the Core
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
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overnight. If yielding subgrade is encountered in
the base protection layer, the geotechnical
consultant may recommend placement of additional
layers of reinforcement within the engineered fill.
This determination will be based on field
observations during preparation of the ground
surface.
o To protect the culturally affected soil in the Core,
construction and other transitory vehicle traffic (with the exception of the equipment necessary to place and
compact the engineered fill) shall not be permitted
over the Core until after engineered fill placement is
complete to provide a buffer between mound material
and concentrated vehicle loads. Once fill placement is
complete, the culturally affected soil will be protected, but construction vehicles and construction equipment
directly on the Core nonetheless shall continue to be
limited to the minimum number necessary to
complete construction of the Proposed Project.
Vehicles shall not be left stationary or parked on the
Core overnight. The contractor shall ensure that
vehicles and equipment will not leak fuel or other
liquids when operating on the Core. Leaking vehicles
and equipment shall be promptly removed from the
Core area and repaired before use is resumed on the
Core.
Temporary Construction Loading at Core
The following measures shall be implemented within the Core during scaffold erection to reduce potential impacts on subsurface cultural materials:
• Scaffolds placed on the Core shall be installed no earlier than three months after the engineered fill placement
related to sea-level rise.
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• Scaffolds shall use 16-foot square bases on top of the engineered fill cap. Minor leveling of the fill cap shall be allowed at each scaffold installation, but excavation or other penetrations into the fill surface shall not be
permitted except for equipment or the temporary
auxiliary structures needed to install the atrium frame and associated glass. There shall be no soil disturbance in the Core below the top layer of geogrid.
• Scaffolds shall be removed promptly after installation and inspection of the framework and glass within the atrium to remove pressure from the engineered fill over the Core.
Post-Construction Preservation in Place at the Core
• Post-construction, there shall be no soil disturbance in the Core below the top layer of geogrid. Any surface structural elements, irrigation, utilities, and infrastructure shall be located only upon/within the engineered fill and shall not penetrate the top layer of geogrid.
• The Project Sponsor shall comply with Mitigation Measure TCR-1.3, Post-Construction Preservation in Place.
Measures for the Perimeter
The Project Sponsor shall avoid or mitigate ground-disturbing excavation in the Perimeter Area as follows:
• The Project Sponsor shall install a culturally sterile engineered cap of four to seven feet to cover the cultural deposits within the Perimeter.
• Excavation through the cap shall follow the procedures in Mitigation Measure TCR-1.2.
• Tribal monitoring shall be required during all ground disturbing site work in the Perimeter; provided that, once culturally affected soil has been removed, stockpiled, and treated in accordance with the ATMTPP, no additional
tribal monitoring of ground disturbance is required in the area where such soil was removed.
Resolution No. XXXX
City of Menlo Park Mitigation Monitoring and Reporting Program Willow Village Master Plan Project
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Measures for the High Sensitivity Area
The Project Sponsor shall avoid or mitigate ground-disturbing excavation in the High Sensitivity Area as follows:
• For portions of the High Sensitivity Area located within the Core, the Project Sponsor shall comply with the
mitigation measures for the Core identified above,
including but not limited to the tribal monitoring
provisions.
• For portions of the High Sensitivity Area located within the Perimeter, the Project Sponsor shall comply with the mitigation measures for the Perimeter identified above, including but not limited to the tribal monitoring
provisions.
Measures for Existing Known Reburials
• Existing known reburials shall be preserved in place. • Existing known reburials will be protected by a layer of geogrid prior to the placement of engineered fill.
• Tribal monitoring in the vicinity of existing known
reburials shall be required in accordance with the
ATMTPP.
Project Mitigation Measure TCR-1.2: Archaeological and Tribal Cultural Resource Monitoring and Treatment Protocol and Plan.
The Project Sponsor and archaeological consultant, in
consultation with the Consulting Tribes, shall develop an Archaeological and Tribal Cultural Resource Monitoring and Treatment Protocol and Plan (“ATMTPP”) to guide
archaeological and tribal cultural resource monitoring of ground-disturbing site work and provide for appropriate treatment of any archeological materials and tribal cultural resources exposed during construction, as described below.
The ATMTPP will apply to the entire Project Site and all offsite Project improvements. In addition, specific protocols that pertain to the Core, Perimeter, and High Sensitivity Area will Develop an
ATMTPP to guide
archaeological and
tribal monitoring.
Prior to issuance of
the first grading
permit and any
physical grounddisturbing activity
Project Sponsor/
approved
archaeological
consultant/
consulting
tribe(s)
CDD
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be distinguished from general unanticipated discovery
response procedures that apply in other areas. Tribal
monitoring refers to the controlled observation and regulation of construction operations on or in the vicinity of a known or potentially significant tribal cultural resource to avoid, preserve in place, or mitigate impacts on the resource. The ATMTPP shall be developed in consultation with the
Consulting Tribes and submitted to the City for review and approval prior to issuance of the first grading permit and any physical ground disturbing site work being allowed on the Project Site or for off-site Project improvements. The ATMTPP shall include, at a minimum:
• Background information and context data on the Project Site, archeological resources, and tribal cultural resources. • Tribal monitoring requirements, including worker
awareness training as specified below; a discussion of
specific locations and the intensity of the monitoring effort for areas with potential for the discovery of archeological and tribal cultural materials; and anticipated personnel, including retention of California Native American tribal representative(s) from Consulting Tribes.
• A requirement that tribal monitors from each Consulting Tribe be afforded the opportunity to be present at each location of ground disturbing site work that requires tribal monitoring pursuant to the Project mitigation measures and the ATMTPP, for the duration of such work, unless a
Consulting Tribe agrees in writing that tribal monitoring is not needed by that tribe in that instance, or unless a
Consulting Tribe fails to provide a monitor at the scheduled time, provided that adequate notice of the schedule was provided and documented.
• Specific parameters for tribal monitoring, including the number of monitors from each Consulting Tribe based on
number of simultaneous excavation locations, activities Resolution No. XXXX
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subject to monitoring (consisting of all excavations
associated with soil remediation, removal of below grade utilities, and initial mass grading at the main Project Site and all ground disturbing activities within the Core), and
activities not subject to monitoring (including all grading outside the Core subsequent to initial mass grading in areas that have been monitored by the Consulting Tribes and
found to no longer contain tribal cultural resources, all foundation and building demolition, and all above ground or vertical build construction).
• Identification of a tribal monitoring coordinator, whose responsibility is to ensure that communication between the construction team and monitors is clear, that schedules for monitoring are conveyed, and that monitoring tribes have a single point of contact, prior to the commencement of
ground disturbing activities.
• Protocols for discoveries during construction, consistent with modified ConnectMenlo EIR Mitigation Measure CULT2a (see Section 3.8, Cultural Resources), including a requirement that any DPR forms required pursuant to
ConnectMenlo EIR Mitigation Measure CULT-2a to be
submitted to the Northwest Information Center to document a find of TCR, cultural resources, historical resources, or archaeological resources shall be completed and submitted no later than 120 days after completion of the Project. • Prehistoric era research design, including sampling level, study method documentation, and provisions, such as
staffing and scheduling, for bringing the proposed
research to fruition.
• Detailed procedures regarding how to address significant discoveries made during construction, including a
discussion of field and artifact analysis methods to be used.
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• Treatment of Native American human remains consistent with state law and recommendations of the NAHCappointed Most Likely Descendant (“MLD”) and Modified ConnectMenlo EIR Mitigation Measure CULT-4.
• Laboratory methods, including artifact cataloging and special analyses.
• Thresholds for decision making if there is a conflict among tribal or archeological monitors regarding the
identification or treatment of TCRs. Specifically, if there is a conflict between the archeological monitor and the
tribal monitors, deference shall be given to the
preferences of the tribal monitors, subject to applicable law in the event of the discovery of Native American
human remains, provided that those preferences do not
require Project redesign or result in unreasonable
construction delay. If there is a conflict among the tribal monitors, the soil containing the potential TCR will be evaluated in accordance with applicable law and, if
appropriate, shall be stockpiled in accordance with the soil protocol in the ATMTPP while the disagreement is
being resolved.
• Provisions for reporting (e.g., Tribal Monitoring Closure Report) and artifact treatment in consultation with the Consulting Tribes in the event of significant finds.
• Pre-designated confidential reburial area(s) that will serve to reinter any Native American human remains
encountered during construction (excluding existing,
known reburial sites, which shall be preserved in place pursuant to Mitigation Measure TCR-1.1) with
appropriate level of privacy for visitation by the
Consulting Tribes, in an area not open to the public.
• Treatment protocols that detail the appropriate
procedures, methods, and reports to be completed if
significant archaeological or tribal cultural materials, Resolution No. XXXX
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including Native American burials, are encountered. The archeological significance of a resource shall not be
determinative of whether the resource is a TCR, the level of impact to a TCR, or the significance of a TCR.
• Soil treatment protocols that preserve cultural soil onsite where feasible, including:
o Subject to the requirements of DTSC or other agencies with jurisdiction and the reasonable preferences of
the MLD in accordance with applicable law,
prohibiting the removal of cultural soil from the main
Project Site. The determination of which soils are
cultural soils shall be made by the tribal monitors.
o Requiring only clean, engineered fill to be used on the main Project Site. Under no circumstances should soil
from another culturally significant area be used on
this Project Site.
o The tribal monitors shall have the right to request
that any cultural soils excavated from native soil on
the main Project Site be relocated to an area on the
main Project Site located away from the
construction zone, where the tribal monitors shall
be given the opportunity during active construction
work hours to sift the cultural soil to identify and
remove any tribal cultural items and Native
American human remains, which tribal cultural
items and Native American human remains shall be
treated in accordance with the ATMTPP. Any tribal
cultural resources obtained from sifting shall be
reburied in the reburial area, subject to the
reasonable preferences of the MLD in accordance
with Public Resources Code Section 5097.98 and
other applicable law. Any tribal monitors
performing this work (1) must have the requisite
training or experience to do so, including training
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or experience with regard to work in
environmentally impacted soil (which shall include
at a minimum HAZWOPR certification), and (2)
shall be paid at the rate specified for this work in
the applicable Tribal Monitoring Agreement.
Following sifting and removal of TCRs, the soil can
be reused at the same or a different location within
the main Project Site.
• Specifications for archeological and tribal cultural
resources sensitivity training for construction workers and superintendents that meet the following standards:
o Occurs prior to the start of any ground-disturbing
activity or site work on the Project Site or for off-site improvements.
o Training shall be required for all construction
personnel participating in ground-disturbing
construction to alert them to the archaeological and
tribal cultural sensitivity of the area and provide
protocols to follow in the event of a discovery of
archaeological materials or tribal cultural resources.
Training shall be provided en masse to such personnel
at the start of construction of the Project, and training shall be repeated when new personnel participating in
ground-disturbing site work start work.
o Includes, for job site posting, a document (“ALERT
SHEET”) that summarizes the potential finds that
could be exposed, the protocols to be followed, and
the points of contact to alert in the event of a
discovery that is presented as part of the training.
o Requires the contractor to ensure that all workers
requiring training are in attendance.
o Requires training for all contractors and subcontractors that is documented for each permit Resolution No. XXXX
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and/or phase of a permit that requires grounddisturbing activities onsite. o For work in the Core and the existing known reburial
area, additional worker training shall also be required for workers who will work on the surface or who will
drive directly over the Core or work in the existing
known reburial area.
• Work plan for the use of ground penetrating radar (GPR) and forensic canine detection (FCD) that meets the
following standards:
o Upon conclusion of building demolition and the
removal of surface improvements within the
Perimeter, the Project Sponsor shall retain a qualified team of FCD survey providers and a GPR operator to
perform a survey of the Perimeter before grading,
trenching, or other earthwork commences.
o A minimum of seven calendar days prior to the FCD or
GPR survey, the Project Sponsor or their designee
shall notify the Consulting Tribes of the schedule to
afford sufficient time to be present during the survey.
Should the Consulting Tribe(s) choose not to attend,
the FCD or GPR survey may continue as scheduled.
Where the FCD or GPR survey will occur within 100
feet of known burials or reburials (which know
reburials shall remain in place in accordance with
Mitigation Measure TCR-1.1), use of the FCD or GPR
and presence of tribal monitors shall be dictated by
the MLD for those prior discoveries.
o The results of the FCD and GPR surveys shall be
provided to the Consulting Tribes within fourteen
calendar days after completion of the survey reports.
Measures to protect TCRs identified as a result of the
surveys shall be implemented in accordance with the
Project mitigation measures and ATMTPP.
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o In the event of the discovery of Native American
human remains other than known reburials, the
procedures in Modified ConnectMenlo Mitigation
Measure CULT-4 will apply.
• Procedures for the event of an inadvertent discovery
during construction, which require the archaeological and tribal monitors to review, identify, and evaluate TCRs to determine if a discovery is a historical resource and/or unique archaeological resource, or a TCR, under CEQA.
These procedures shall include, at a minimum:
o Criteria for identifying cultural soils.
o Impose a stop work radius of 100 feet around the
discovery; work can continue outside of the stop-work
radius while the discovery is being addressed. If the
archaeological and tribal monitors agree that the find
does not constitute a TCR, work can resume
immediately, and no notifications are required.
o Notify the City, Consulting Tribes, and Project Sponsor within 24 hours of the discovery.
o Complete a discovery form to document the location,
nature, and condition of the discovery.
o Consult on the discovery to determine appropriate
treatment, which may include any combination of
avoidance, preservation in place, rapid recovery and
reburial, and/or documentation. In no circumstance
other than the express written recommendation of the
MLD shall Native American human remains be
removed from the Project Site. Curation and data
recovery shall not be allowed, unless curation or data
recovery is (i) in compliance with the
recommendation of the MLD for Native American
human remains in accordance with Public Resources
Code Section 5097.98 and other applicable law or, (ii)
agreed upon by the tribal monitors per the protocols
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in the ATMTPP for TCRs that are not Native American
human remains.
Project Mitigation Measure TCR-1.3: Post-Construction
Preservation in Place of Tribal Cultural Resources. Prior to the issuance of the first certificate of occupancy for any occupied building within the Campus District, the Project Sponsor shall record deed restrictions over the Core, confidential locations of existing known reburials, and the pre-designated reburial area (“Project Reburial Area”) to restrict development or other activities identified in the deed restrictions that would disturb TCRs or Native American human remains in the future.
The area included in the deed restrictions shall be described by a licensed surveyor prior to recording. Because
archaeological and tribal cultural resource site locations are restricted from public distribution, the deed restrictions shall cite an “environmentally sensitive area.” A copy of the recorded deed restrictions that include the Core and any predesignated reburial site shall be provided to the City for retention in a confidential project file. A copy of the deed restrictions shall be provided to the Northwest Information Center of the California Historical Resources Information System.
The restriction on the deed for the Core and Project Reburial Area shall prohibit the following activities directly on the Core or Project Reburial Area (excluding activities in cantilevered or spanned structural elements) after completion of
construction of the Proposed Project, subject to applicable building code and life safety access requirements and
necessary facilities maintenance, service, and repairs:
• Active recreational activities and structures, including, but not limited to, sports, field games, running, biking, and play equipment.
• Domesticated animals other than security/service animals. • Vehicles.
Post-construction
preservation and
recording of deed
restrictions over
the Core, known
reburials, and
Project Reburial
Area.
Prior to the issuance
of the first
certificate of
occupancy for any
occupied building
within the Campus
District
Project Sponsor/
licensed surveyor
CDD
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• Surface penetrations below the upper geogrid.
• Altering the surface or general topography of the Core or Project Reburial Area except for maintenance of the
engineered soil cap, landscaping, facilities, circulation, and utilities included within the cap.
• In the unlikely event that any activity needs to occur below the area of the upper geogrid in the event of an emergency, the Consulting Tribes will be immediately notified and given a reasonable opportunity (consistent with the nature of the emergency) to have a tribal monitor present.
Project Mitigation Measure TCR-1.4: Project Reburial Area Access. Within 30 days after the recording of the deed
restrictions over the dedicated reburial area(s), the Project Proponent shall extend a written offer to the Consulting Tribes to execute a tribal access agreement to allow for permitted access to the Project Reburial Area for the purposes of tribal visitation, subject to the parameters below. The Project Proponent shall provide a copy of the offer letter and if accepted by the Consulting Tribe(s), the executed
agreement(s), to the City for retention in a confidential Project file. This mitigation measures shall be considered satisfied upon delivery of the offer letter to the Consulting Tribes, even if the Consulting Tribe(s) declined to enter into the agreement.
The owners’ association shall manage the Project Reburial Area in accordance with the terms and conditions of the deed restrictions, access agreements, Project mitigation measures, and Project conditions of approval, subject to applicable building code and life safety access requirements and
necessary facilities maintenance, service, and repairs.
Access to the reburial area established for the Project will be controlled. The following conditions apply:
• Access to the Project Reburial Area will be available following completion of construction of the Proposed
Project, including the Project Reburial Area, subject to Provide a written
offer to execute a
tribal access
agreement for
permitted access
to the Project
Reburial Area.
Within 30 days after
the recording of the
deed restrictions
Following
completion of
construction and
ongoing during
operation of the
Project
Project Sponsor/
owner’s
association
/consulting
tribe(s)
CDD
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notification and access requirements to be specified in an access agreement.
• Visitation shall comply with all rules applicable to publicly accessible open space within the Proposed Project except as otherwise specified in an access agreement.
• Visitation shall not obstruct or otherwise interfere with the passage of vehicles or the operation of the facility. • Parking shall be limited to public parking spaces.
• Visitation shall not include activities or uses that conflict with the deed restriction or reasonable preferences of the Most Likely Descendent; provided that the Project
Proponent shall work in good faith to ensure that all
Consulting Tribes are provided access to the Project
Reburial Area in accordance with the terms of the access agreement.
• Visitation shall not present a risk to human life or safety. • Visitation shall not include abandonment of materials or objects other than ceremonial, religious, or funerary
offerings specified in an access agreement.
• Visitation shall be subject to restriction as necessary to respond to any security threat, pandemic or similar health risk, or emergency condition. Visitation shall not be
unreasonably restricted.
IMPACT BEING ADDRESSED: Human Remains. The Proposed Project could disturb human remains, including those interred outside of dedicated cemeteries. (Impact TCR-2)
Project Mitigation Measure TCR-2.1. Avoid and Preserve in Place Known Reburials. The locations of known previous
reburials of Native American human remains shall be
restricted from future ground disturbance, as required by Mitigation Measure TCR-1.3.
Avoid and
preserve in place
known reburials.
See above
(Mitigation Measure
TCR-1.3).
See above
(Mitigation
Measure TCR1.3).
See above
(Mitigation
Measure TCR-1.3).
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Mitigation Measure CULT-4: (Modified ConnectMenlo EIR).
Comply with State Regulations Regarding the Discovery of Human Remains at the Project Site. Procedures of conduct following the discovery of human remains citywide have been mandated by Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and the California Code of Regulations Section 15064.5(e) (CEQA). According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The San Mateo County Coroner shall be notified immediately. The coroner shall then
determine whether the remains are Native American. If the coroner determines the remains are Native American, the coroner shall notify the NAHC within 24 hours, which will, in turn, notify the person the NAHC identifies as the Most Likely Descendant (MLD) in connection with any human remains.
Further actions shall be determined, in part, by the desires of the MLD. The Project Sponsor, the Project archaeologist, and the MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary
objects, including those associated with known and unknown Native American burial locations (CEQA Guidelines Section 15064.5[d]). The agreement should address appropriate
actions for when remains are discovered, including
excavation, removal, recordation, analysis, custodianship, and final disposition of the remains and associated or unassociated funerary objects. The MLD will have 48 hours to make
recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. If the MLD does not make recommendations within 48 hours, or the owner does not accept the recommendation of the MLD in
accordance with Public Resources Code 5097.98(e), the owner Comply with state
regulations
regarding the
discovery of
human remains at
the Project Site.
Initiated after a find
is made during
construction, with
regularly scheduled
site inspections
thereafter
Project Sponsor/
San Mateo County
Coroner
CDD
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shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC.
Resolution No. XXXX
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
APPROVING AN AMENDMENT TO THE CIRCULATION MAP OF THE MENLO
PARK GENERAL PLAN
WHEREAS, in 2016, the City of Menlo Park (“City”) updated its General Plan when it adopted ConnectMenlo, which contains the City’s new Land Use Element and Circulation Element; and WHEREAS, when the City adopted the ConnectMenlo General Plan, the City also certified an Environmental Impact Report providing a program-level analysis of the development potential envisioned for the entire City, including the increased development potential in the Bayfront Area; and
WHEREAS, the City received an application requesting 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”) as a multi-phase, mixed-use development consisting of up to 1.6 million square feet of office and accessory uses (a maximum of 1,250,000 square feet for office use and the balance for accessory uses), up to 1,730 multifamily dwelling units, up to 200,000 square feet of retail sues, an up to 193-room hotel, and associated open space and infrastructure (the “Project”); and WHEREAS, 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, paseos, and a proposed multiuse pathway within the Main Project Site; and WHEREAS, the proposed project includes a variant in the event that approval by outside agencies with jurisdiction (Caltrans)and acquisition of necessary real property rights are is not obtained for the Hamilton Avenue realignment and therefore, an alternate General Plan Circulation Map amendment is necessary; and
WHEREAS, the proposed amendments to the General Plan Circulation Map areis consistent with the 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 amendments areis 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 multiuse pathways will provide new routes for bicyclists and pedestrians through the Main Project Site, encouraging the use of multimodal transportation. The multi-use pathways and paseos will also increase accessibility and use of the streets by pedestrians and bicycles, and the proposed roundabout connection will provide an additional route to the Main Project Site for bicyclists, pedestrians, and vehicles; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
ATTACHMENT C Page D-1.146
WHEREAS, an Environmental Impact Report (EIR) was prepared for the Project (SCH:
2019090428), including an amendment to the General Plan Circulation Map and the Project Variants, and certified by the City Council on _______________, 2022 in accordance with the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
Findings and a statement of overriding considerations were adopted by the City Council on _______________, 2022, by Resolution No. ______, and are incorporated herein by this reference; and
WHEREAS, the analysis in the Project EIR tiered from the ConnectMenlo Final EIR as appropriate and as further described in each environmental topic section in the EIR; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the Planning Commission of the City of Menlo Park on October 24, 2022 and continued to November 3, 2022, to review and consider the Project, including the proposed amendments to the General Plan Circulation Map, whereat all persons interested therein might appear and be heard; and
WHEREAS, the Planning Commission of the City of Menlo Park, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted affirmatively to recommend to the City Council of the City of Menlo Park to approve the amendment to the General Plan Circulation Map; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the City Council of the City of Menlo Park on _______________, 2022, to review and consider the Project, including the proposed amendments to the General Plan Circulation Map, whereat all persons interested therein might appear and be heard; and WHEREAS, the City Council of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, including the recommendation of the Planning Commission, voted affirmatively to approve the amendments to the General Plan Circulation Map.
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 the City Council of the City of Menlo Park hereby approves the amendments to the General Plan Circulation Map, as depicted by and attached hereto as Exhibit A and in the event that the Applicant does not receive approval of outside agencies for the Hamilton Avenue realignment, then the General Plan Circulation Map depicted in Exhibit B shall become effective. Exhibits A and B are, and incorporated herein by this reference.
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 thirtieth day of November, 2022, by the following votes:
AYES:
NOES:
ABSENT:
Resolution No. XXXX
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. General Plan circulation map
A.B. General Plan circulation map, no Hamilton Avenue realignment Resolution No. XXXX
Main Street
Main Street
North Loop Road
Willow Road East Loop Road
Adams Court
Hamilton Avenue
Ivy Drive
Park Street
West Street Main Street
O’Brien Drive
Main Street
Center Street
East Street
SamTrans Corridor
LEGEND
BoulevardMain StreetAvenue - Mixed UseMixed Use CollectorNeighborhood CollectorLocal AccessMulti-use PathwayMulti-use Pathway - FuturePaseo
WILLOW VILLAGE
Menlo Park, CA
Peninsula Innovation Partners
0 100 200 300 500 700'1" = 100' at 24" x 36"
2 min. Walk 1/2 ac
1/8 ac
November 23, 2022
General Plan Circulation Map
EXHIBIT A Resolution No. XXXX
Page D-1.149
Main Street
North Loop Road
East Loop Road Willow Road
Adams Court
Hamilton Avenue
Ivy Drive
Park Street
West Street Main Street
O’Brien Drive
Center Street
East Street
SamTrans Corridor
LEGEND
BoulevardMain StreetAvenue - Mixed UseMixed Use CollectorNeighborhood CollectorLocal AccessMulti-use PathwayMulti-use Pathway - FuturePaseo
WILLOW VILLAGE
Menlo Park, CA
Peninsula Innovation Partners
0 100 200 300 500 700'1" = 100' at 24" x 36"
2 min. Walk 1/2 ac
1/8 ac
November 23, 2022
General Plan Circulation Map: No Hamilton Avenue Realignment /PUF
5IFDJSDVMBUJPODPOGJHVSBUJPOEFQJDUFEPOUIJT(FOFSBM 1MBO$JSDVMBUJPO.BQ/P )BNJMUPO 3FBMJHONFOU7BSJBOUTIBMMBQQMZJOTUFBEPGUIFDPOGJHVSBUJPOEFQJDUFEPOUIF(FOFSBM1MBO$JSDVMBUJPO.BQJOUIFFWFOUUIBUBMMBQQMJDBCMF BHFODJFTXJUIKVSJTEJDUJPOPWFSUIFQSPQPTFESFBMJHONFOUPGUIFJOUFSTFDUJPOPG)BNJMUPO"WFOVFBOE8JMMPX 3PBEIBWFOPUJTTVFEBMMOFDFTTBSZBQQSPWBMTPSJGUIF QSPQFSUZPXOFSJTVOBCMFUPPCUBJOTVGGJDJFOUSFBMQSPQFSUZSJHIUT GPSUIFSFBMJHONFOU EXHIBIT B Resolution No. XXXX
Page D-1.150
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK APPROVING FINDINGS AND CONDITIONS FOR AN “A” VESTING
TENTATIVE PARCEL MAP FOR THE MAIN PROJECT SITE FOR THE WILLOW VILLAGE MASTER PLAN 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 received an application requesting 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”) as a multiphase, mixed-use development 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 for accessory uses), up to 1,730 multifamily dwelling units, up to 200,000 square feet of retail, an up to 193-room hotel, and associated open space and infrastructure (the “Project”); 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, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, an Environmental Impact Report (EIR) was prepared for the Project and certified by the City Council on _______________, 2022 (SCH: 2019090428), in accordance with the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
Findings and a statement of overriding considerations were adopted by the City Council on _______________, 2022, by Resolution No. ______, and are incorporated herein by this reference; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the Planning Commission of the City of Menlo Park (the “Planning Commission”) on October 24, 2022 and continued to November 3, 2022, to review and consider the Project, including the “A” Vesting Tentative Parcel Map for the main Project Site, whereat all persons interested therein might appear and be heard; 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 of the City of Menlo Park (the “City Council”) to approve the “A” Vesting Tentative Parcel Map for the main Project Site; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the City Council on _______________, 2022, to review and consider the Project, including the “A” Vesting Tentative Parcel Map for the main Project Site, whereat all persons interested therein might appear and be heard; and
ATTACHMENT D Page D-1.151
WHEREAS, the City Council, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted affirmatively to approve the “A” Vesting Tentative Parcel Map for the main Project Site.
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 the City Council of the City of Menlo Park hereby approves the “A” Vesting Tentative Parcel Map for the main Project Site subject to conditions (Exhibit A), and subject to final approval of the rezoning for the Project. This approval is pursuant to the Subdivision Map Act and City of Menlo Park Municipal Code Section 15.20.050:
1. 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.
2. 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 Update (“ConnectMenlo”). 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.
3. 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.
4. 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 General Plan goals and policies, City Zoning and Subdivision Ordinances, and other applicable regulations designed to prevent serious health or safety problems.
5. 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.
6. The Project is not 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 and address future sea level rise.
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.
Resolution No. XXXX
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 thirtieth day 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. Draft main project site vesting tentative map conditions
Resolution No. XXXX
Willow Village “A” Map
Conditions of Approval
1. As used in these Conditions of Approval:
a. “Applicant” shall mean Peninsula Innovation Partners, LLC. b. “Property Owner(s)” shall mean Peninsula Innovation Partners and its successors in interest to all or any part of the Project site. c. “Project” shall mean the development of approximately 1.8 million sf of nonresidential uses, composed of up to 1.6 million sf of office and accessory uses in the Campus District (consisting of up to 1.25 million sf of office space, with the balance of space for accessory use [up to 350,000 sf if the office sf is maximized], in multiple buildings) and up to approximately 200,000 sf of commercial/retail space; up to approximately 1,730 multi-family residential units; an up to 193-room hotel; and up to approximately 20 acres of open space at full buildout, including approximately 8 acres of publicly accessible parks, paths, and trails.
2. The Applicant shall comply with the applicable mitigation measures identified in Mitigation Monitoring and Reporting Program for the Project.
3. Prior to Parcel Map approval, Applicant shall pay all Public Works fees. Refer to City of Menlo Park Master Fee Schedule.
4. Applicant shall complete all of the following Temporary Improvements prior to removal of existing distribution improvements:
a. Domestic Water lines – The existing water system within the Willow Village main Project Site (“Main Project Site”) is comprised of 10” diameter mains with two points of connection off Willow Road and one point of connection each off Adams Court and O’Brien Drive. Prior to the removal of any of the above-described water distribution lines that provide service to off-site parcels, the Applicant shall design and construct a temporary 2,100 LF 16” diameter water main in a general alignment from Adams Court traversing north along the east side of Main Project Site, then along the northern boundary, then south generally aligned between existing Buildings MPK 47 and 48 to connect to the existing 10” main within existing Hamilton Avenue. Depending to the final alignment, sections of this distribution pipe, when designed and constructed to minimum City specifications, located within City public rights-of-way and City easements, and consistent with the Willow Village Hydraulic Evaluation shall be accepted as public improvements and as operatable components of the permanent domestic water distribution system.
Prior to the demolition of the existing domestic distribution water lines through the main Project site that serve development east of the Main Project site, Applicant shall design and construct a second temporary 12-inch domestic water Resolution No. XXXX
distribution pipeline generally parallel to the southern boundary of the Main Project Site, providing connectivity from Willow Road to O’Brien Drive near the southeasterly corner of the Main Project Site. This pipeline will connect to an existing pipeline in O’Brien and a 10” pipe entering the site along the southern boundary of the Main Project Site.
In the event any of the above temporary improvements are designed and constructed to the minimum specifications of the City, the City shall accept the temporary improvements within public rights-of-way and City easements as permanent public improvements.
All Domestic water distribution improvements shall conform to the recommendations contained within the West Yost Willow Village Hydraulic Evaluation dated February 3, 2022.
b. Natural Gas Line – The Main Project Site contains an existing primary gas line that crosses through the Main Project Site from Willow Road to the east along Hamilton Avenue and Hamilton Court and continues to the east providing service to the properties east of the Main Project Site. Prior to the demolition and removal of said existing gas line, the Applicant shall construct and make operational a replacement gas main, subject to the approval of PG&E.
Documentation of PG&E approval shall be provided to the Engineering Division prior to demolition of said existing gas line.
5. Demolition of Improvements
Applicant shall prepare and submit Demolition Plans to the City prior to the approval of the Parcel Map; however, in the event that Applicant files multiple Parcel Maps, the Demolition Plans, at a minimum, shall depict the demolition of all existing improvements within the boundaries of each Parcel Map. Prior to recordation of each Parcel Map, all existing buildings within the boundaries of that Parcel Map shall be removed unless a building is completely within the confines of a created parcel boundary and is retained for temporary use during the construction of the project improvements. In the event any building is retained for temporary purposes, the Applicant shall provide utility services and vehicular access subject to the approval of the Public Works Director. Additionally, surety for the demolition of said building(s), in amount agreed upon by the Public Works Director shall be provided prior to recordation of the Parcel Map which boundaries include said building.
6. Site Improvement Work
a. Department of Toxic Substance Control (DTSC) Approval: Prior to the commencement of ground disturbance activities within the Residential/Shopping District, the Property Owner shall have received approval of the Willow Village Removal Action Work Plan (RAW), Site Management Plan (SMP) and Health and Safety Plan (HSP) for the Residential/Shopping District from DTSC. Prior to Resolution No. XXXX
commencement of ground disturbance activities within each the Campus District and the Town Square District, the Property Owner shall have received DTSC approval of the SMP and HSP for each the Campus District and the Town Square District, as applicable. Documentation of compliance shall be provided to the Building, Planning, and Engineering Divisions prior to commencement of ground disturbance activities.
b. Site Improvement Work
i. Prior to the recordation of each Parcel Map, Applicant shall prepare and submit for City approval: Improvement Plans for all Main Project Siteserving improvements within that Parcel Map, which shall include Mass Grading, Utilities, On-site Circulation Improvements consisting of Roadways and Intersection Improvements and Public Realm Landscaping and Street Furnishings. Submittal of a Parcel Map is not a prerequisite for obtaining City approval of any of the above-mentioned plans.
ii. Construction Agreement: In the event construction of site improvements commences in advance of approval of a Parcel Map that would require a Subdivision Improvement Agreement, prior to commencing construction of the site improvements, the Applicant shall enter into a Construction Agreement with the City. Approval shall not be unreasonably withheld or conditioned so long as the following is provided: adequate security in favor of the City for completion of construction of the site improvements, provisions for dedicating improvements to the City upon completion, and permits for the replacement with a Subdivision Improvement Agreement. iii. Imported Fill: The imported fill must meet the City of Menlo Park’s requirements. Documentation demonstrating that the fill meets the City’s requirements must be submitted to and approved by the Building Official or their designee prior to fill being brought on site. Fill requirements are outlined in CBC appendix J section J107 as adopted in MPMC Section
12.06.020.
c. Willow Road Improvements
i. The Applicant shall coordinate with City staff on the design of the Willow Road Improvements prior to submittal of the first Parcel Map, and .
Applicant shall submit Willow Road Improvement Plans to the City for approval no later than concurrent with the submittal of the first Parcel Map. The Applicant shall coordinate with City staff on the design of the Willow Road Improvements prior to submittal of the first Parcel Map. The Willow Road Improvement Plans shall be comprised of the below listed “Willow Road Improvements” within Caltrans’ right-of-way.
Improvement Plans shall include surface improvements, traffic signals, bicycle lanes, utility improvements, striping and signage improvements and other frontage improvements addressing both sides of Willow Road.
Resolution No. XXXX
The City shall cooperate with Applicant in its efforts to obtain encroachment permits and other applicable approvals from Caltrans.
1. Realigned Willow Road/Hamilton Avenue intersection
2. New Willow Road/Park Street intersection
3. Class IV bicycle lanes on Willow Road
4. Bicycle and pedestrian connections across Willow Road (e.g. turning movements for bicyclists, crosswalks, pedestrian refuges)
3.5. Wayfinding for bicyclists and pedestrians (e.g. signage, bicycle signals) to the Main Project Site
ii. Prior to City authorization of Applicant submittal of the Willow Road Improvement Plans to Caltrans, City staff will provide an update on the design of the improvements to the City Council to allow for City Council input on the design of the Willow Road Improvements for consideration by Caltrans. The Applicant shall provide the City 30-day notice of the submittal of Willow Improvement Plans and the City staff shall endeavor to provide such update no later than 60 days following Applicant’s submittal to the City of the proposed Willow Road Improvement Plans. iii. Prior to the issuance of the first permit for the Site Improvement Work, the Applicant shall submit Willow Road Improvement Plans to Caltrans and apply for encroachment permit approvals no later than 30 days after City reviews and authorizes in writing the submittal to Caltrans.; iv. Applicant shall submit documentation of Caltrans’ approval of the encroachment permit prior to the City approval of said Willow Road Improvement Plans.
v. Applicant shall complete Willow Road Improvements prior to the certificate of occupancy for the first building on the Main Project Site. vi. In the event construction of the Willow Road Improvements is delayed due to circumstances outside of the Applicant’s reasonable control, the Public Works Director may grant an extension based on substantial evidence from the Applicant that the delay is based on external circumstances, and the Applicant demonstrates a good faith effort to complete the improvements. Any extension would be based on an agreed upon timeline by the Public Works Director and the Applicant. d. SF PUC Approvals: Prior to issuance of the building permit for the first building on the Main Project Site, the Applicant shall obtain San Francisco Public Utilities Commission (“SF PUC”) approval for a lease, license, easement agreement, or other authorization to permit the construction and operation of the following proposed public improvements concurrently with separate or combined applications. In pursuit of the necessary approvals the City shall be the applicant for public improvements that require approval and granting a lease, license, easement agreement, or other authorization from SF PUC.
Resolution No. XXXX
i. Main Street/O’Brien Drive roundabout intersection improvements within the SF PUC right of way.
ii. Installation of a 48-inch storm drain within the Menlo Park Storm Drain Channel and filling of said channel partially located within SF PUC rightof-way. e. Prior to the construction of the O’Brien Drive/Main Street roundabout intersection improvements, Applicant shall acquire an easement for public right-of-way purposes from properties affected by the alignment of the proposed improvement.
f. Prior to certificate of occupancy for the first building on the Main Project Site, the applicant shall complete the Willow Road and SF PUC Improvements to satisfaction of the City Engineer and SF PUC.
g. In the event construction of the SF PUC Improvements is delayed due to circumstance outside of the Applicant’s reasonable control, the Public Works Director may grant an extension based on substantial evidence from the Applicant that the delay is based on external circumstances, and the Applicant demonstrates a good faith effort to complete the improvements. Any extension would be based on an agreed upon timeline by the Public Works Director and the Applicant.
7. Prior to Parcel Map approval or the commencement of soil disturbing activities, whichever occurs first, Applicant shall prepare and submit plans for soil disturbance area for: 1) construction safety fences around the periphery of the construction area, 2) dust control, 3) air pollution control, 4) erosion and sedimentation control, 5) tree protection fencing, 6) traffic control plans shall provide accommodation for safe pedestrian and bicycle travel through the construction zone and 7) construction vehicle parking. The plans shall be subject to review and approval by the Building, Engineering, and Planning Divisions. The fences and erosion and sedimentation control measures shall be installed according to the approved plan prior to commencing soil disturbing activities.
8. Prior to each Parcel Map approval, the Applicant shall prepare and submit Improvement Plans for the applicable Parcel Map to the Engineering, Utilities, and Planning Divisions for approval. Improvement Plans are required for all project serving off-site infrastructure improvements, including Willow Road Improvements, and shall incorporate the following:
a. Improvement Plans shall include, at minimum, specifications, engineer’s cost estimates, and all engineering calculations necessary to substantiate the design of the following improvements: proposed roadways, drainage improvements, utilities, traffic control devices, required retaining walls, sanitary sewers, storm water conveyance improvements, pump/lift stations, street lightings, landscaping and other project improvements. All public improvements shall be designed and constructed to the satisfaction of the Engineering Division. Submittal of a Parcel Resolution No. XXXX
Map is not a prerequisite of obtaining City approval of the any of the abovementioned plans. Improvement Plans shall also provide the following:
• Existing Topography (NAVD 88’)
• Demolition Plan
• Site Plan (including easement dedications, if applicable) • Construction Parking Plan
• Grading and Drainage Plan
• Utility Plan
• Off-site Improvement Plan
• Erosion Control Plan / Tree Protection Plan
• Planting and Irrigation Plan
• Construction Details (including references to City Standards) i. Grading and drainage plans shall demonstrate how post-construction runoff conveyed into storm drains shall not exceed existing site runoff levels. A Hydrology Report will be required to the satisfaction of the Engineering Division.
ii. Landscape Screening: Landscaping shall screen all public utility equipment that is installed within the public rights-of-way and cannot be placed underground, subject, however, to the requirements of the Menlo Park Fire Protection District, the West Bay Sanitary District, PG&E, and any other applicable agencies regarding utility clearances and screening. The Improvement Plans shall depict new public utility installation’s exact locations of any meters, back flow prevention devices, transformers, junction boxes, relay boxes and other equipment boxes installed within the public right of way or public easement area.
The Improvement Plans shall also depict landscape screening. The screening shall be compatible and unobtrusive and subject to the review and approval of the Planning Division which approval will be required prior to the City’s approval of the Improvement Plans.
iii. Public Realm Landscape Plans: Improvement Plans shall include detailed landscape plans for the public realm areas of the Main Project Site, as shown on Exhibit G5.18 Conceptual Public Realm Tree Planting Plan of the Willow Village Master Plan including the size, species, and location including an irrigation plans for review and approval by the Planning, Engineering, Transportation Divisions and City Arborist. The Landscape Plan sheets shall include public realm onsite landscaping (including heritage tree replacements if applicable) for the respective area that the plans address. All Landscape Plans shall include measures addressing adequate sight distance visibility, screening for above grade utilities within the rights-of-way with labels Resolution No. XXXX
for the utility boxes sizes and heights, and documentation confirming compliance with the Water Efficient Landscaping Ordinance (Municipal Code Chapter 12.44) subject to review and approval by the Engineering Division. The Landscape Plans shall substantially comply with Sheets G5.18, G5.19, and G5.20 in the masterplan plan set.
Heritage tree replacements (in accordance with section 10.7 of the CDP) shall be identified on the Landscape Plans and subject to review and approval by the City Arborist.
iv. Truck Route Plan: The Applicant shall submit a truck route plan concurrent with the Improvement Plan set approval for the scope of construction as evidenced by said improvement plans and based on the City’s Municipal Code requirements, for review and approval by the Transportation Division. The Applicant shall also submit a permit application and pay applicable fees relating to the truck route plan, to the satisfaction of the Public Works Director or designee.
v. Construction and Demolition Debris: As applicable, the Applicant shall comply with the requirements of Chapter 12.48 (Salvaging and Recycling of Construction and Demolition Debris) of the City of Menlo Park Municipal Code, subject to review and approval by the Building Official or designee.
vi. Erosion and Sedimentation Control: Concurrent with Improvement Plan submittal the Applicant shall submit a plan for construction of safety fences around the periphery of the construction area and a demolition Erosion and Sedimentation Control Plan. The fences and erosion and sedimentation control measures shall be installed according to the plan prior to commencing construction. The plans shall be reviewed and approved by the Engineering, Building, and Planning Divisions prior to issuance of a demolition permit.
vii. Tree Protection: Trees in the vicinity of the construction project that are to remain shall be protected pursuant to the Heritage Tree Ordinance section 13.24.030.
i. The Project Arborist shall provide a tree protection verification letter to the City Arborist prior to the start of demolition/construction activities. The tree protection verification letter shall include photos of the installed tree protection measures as specified by the Project Arborist and identify that the Arborist will conduct monthly
inspections of the protective measures. During the
monthly inspection the Arborist shall assess and monitor Resolution No. XXXX
the effectiveness of the Tree Protection Plan and provide recommendations for additional care or treatment. The
Project Arborist shall provide a monthly inspection report to the City Arborist and Planning Division to document
compliance and for the City Arborist review and input on any recommendations for additional care.
b. Green Infrastructure: The Improvement Plans shall include Green Infrastructure in the form of a stormwater treatment area to treat runoff from the public and private street rights-of-way. The treatment area shall be located within the landscape area between the curb and sidewalk. Sizing and design shall conform to San Mateo Countywide Water Pollution Prevention Program design templates and technical guidance and be approved by the Engineering Division.
c. Water Efficient Landscape Ordinance: The Applicant shall provide documentation indicating the amount of irrigated landscaping within the Improvement Plans for the area of Parcel Map within the Main Project Site. If the project proposes more than 500 square feet of irrigated landscaping, it is subject to the City's Water Efficient Landscaping Ordinance (Municipal Code Chapter 12.44). Submittal of a detailed landscape plan would be required concurrently with the submittal of Improvement Plan Set subject to review and approval by the Engineering Division.
9. Prior to approval of the Improvements Plans, all potential utility conflicts shall be potholed by Applicant with actual depths documented on the Improvement Plans submitted for City review and approval.
10. For areas that have undergone site clearing and have remaining exposed soil by the start of the wet season (October 1 through April 30), the Applicant shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other physical means; rocking unpaved vehicle access to limit dispersion of mulch onto public right-of-way; and covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions shall be submitted for review and approval of the Engineering Division prior to beginning site clearing activities.
11. The Applicant shall retain a civil engineer to prepare "as-built" or "record" drawings of public improvements, and the drawings shall be submitted in AutoCAD and Adobe PDF formats to the Engineering Division prior to dedication and acceptance of improvements.
12. All public right-of-way improvements, including frontage improvements and the dedication of easements and public right-of-way, shall be completed to the satisfaction of Resolution No. XXXX
the Engineering Division prior acceptance of such public improvements. Frontage improvements, limited to sidewalks, landscape and urban furnishing, on a fronting parcel can be deferred until completion of construction on the adjacent parcel, provided that such improvements are secured under a separate Improvement Agreement and commensurate surety for completion of said improvements has been provided, subject to review and approval of the Public Works Director. Project serving private improvements depicted within the Improvement Plan set, consisting of frontage improvements, streets, utilities, landscape improvements and dedication of easements shall be completed to the satisfaction of the Engineering Division prior to the issuance of the first building occupancy. Upon Applicant’s/Property Owner’s completion of these improvements, Applicant/Property Owner shall offer for dedication to City such improvements as completed and City shall promptly accept the completed improvements and release to the Applicant/Property Owner any surety bonds or other security posted in connection with performance thereof in accordance with the terms of such bonds.
13. Prior to Parcel Map approval, the Applicant shall enter into a Subdivision Improvement Agreement and provide performance bonds for the completion of the improvements as shown on the approved project Improvement Plans. The Applicant shall obtain an encroachment permit from the appropriate reviewing and permitting jurisdiction prior to commencing any work within the public right-of-way or public easements.
14. Heritage Tree Replacements: The Applicant is permitted to remove up to 276 heritage trees on the Project Site and 16 heritage trees for construction of the new O’Brien intersection, as determined by the Project Arborist in the Tree Survey Report dated August 16, 2022 and shown on Sheets G1.06-1.09 and Appendix 9 of the Project Plans.
A minimum of value of $3,413,400 in heritage tree replacements are required for the Project Site. Heritage tree replacements shall be a minimum of 24-inch box size and are required to be planted at grade. The number of heritage tree replacements shall be tracked by the City and Applicant in accordance with the compliance matrix, dated June 23, 2022 and on file with the City.
15. Any Final Map/Parcel Map that includes an irrevocable offer of dedication for rights-ofway or other public facilities, shall be approved by and dedication accepted by the City Council.
16. Each Final Map/Parcel Map shall contain the final street names for the proposed streets that are offered for dedication or otherwise established on said map. The street names shown in the Vesting Tentative Map shall be considered “placeholders.”
17. Prior to the Final Map/Parcel Map action by the City Council, the applicant shall provide the Public Works Department with preferred and alternate street names for review by the City Council.
18. The City has approved this Map in conjunction with a Development Agreement. During the term of the Development Agreement, this Map shall be subject to the terms and Resolution No. XXXX
conditions of the Development Agreement and, in the event of a conflict, the terms and conditions of the Development Agreement shall prevail.
19. Bicycle infrastructure and connections shall be substantially consistent with the Conceptual Plans from the Willow Village Masterplan plan set (dated October 19, 2022) and shall include signage, bicycle facilities, and striping per best practice complete streets design guidance that emphasizes designing for all ages and abilities and City standards.
a. Multi-use paths that connect the Main Project Site to the Willow Road Improvements shall include striping and signage to minimize conflicts between bicyclists and pedestrians, per best practice complete streets design guidance that emphasizes designing for all ages and abilities and City standards, subject to review and approval of the Public Works Director or their designee. b. The transition from multi-use paths to other bicycle infrastructure (e.g. Class II or Class III facilities) within the Main Project Site shall include appropriate signage, striping, and/or bicycle signals, per best practice complete streets design guidance that emphasizes designing for all ages and abilities and City standards, subject to review and approval by the Public Works Director or their designee.
18.20. If the No-Hamilton Avenue Realignment Variant takes effect in accordance with the Project’s Conditional Development Permit and Development Agreement, the Willow Village “A” Map shall be revised generally consistent with Sheet G4.08 of the Willow Village Masterplan plan set.
Resolution No. XXXX
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
APPROVING FINDINGS AND CONDITIONS FOR A VESTING TENTATIVE
SUBDIVISION MAP FOR THE HAMILTON AVENUE REALIGNMENT PORTION
OF THE WILLOW VILLAGE MASTER PLAN 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 received an application requesting 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”) as a multiphase, mixed-use development consisting of up to 1.6 million square feet of office and accessory uses (a maximum of 1,250,000 square feet of office uses and the balance for accessory uses), up to 1,730 multifamily dwelling units, up to 200,000 square feet of retail, an up to 193-room hotel, and associated open space and infrastructure (the “Project”); 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, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, an Environmental Impact Report (EIR) was prepared for the Project and certified by the City Council on _______________, 2022 (SCH: 2019090428), in accordance with the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
Findings and a statement of overriding considerations were adopted by the City Council on _______________, 2022, by Resolution No. ______, and are incorporated herein by this reference; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the Planning Commission of the City of Menlo Park (the “Planning Commission”) on October 24, 2022 and continued to November 3, 2022, to review and consider the Project, including the Hamilton VTM, whereat all persons interested therein might appear and be heard; 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 of the City of Menlo Park (the “City Council”) to approve the Hamilton VTM; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled and held before the City Council on _______________, 2022, to review and consider the Project, including the Hamilton VTM, whereat all persons interested therein might appear and be heard; and
WHEREAS, the City Council, having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted affirmatively to approve the Hamilton VTM.
ATTACHMENT E Page D-1.164
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 the City Council of the City of Menlo Park hereby approves the Hamilton VTM subject to conditions (Exhibit A) for the Project. This approval is pursuant to the Subdivision Map Act and City of Menlo Park Municipal Code Section 15.20.050:
1. 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.
2. 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 Update (“ConnectMenlo”). 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.
3. 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.
4. 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 General Plan goals and policies, City Zoning and Subdivision Ordinances, and other applicable regulations designed to prevent serious health or safety problems.
5. 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.
6. 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 so as to mitigate flood hazards, and the Project would comply with applicable requirements designed to mitigate flood hazards and address future sea level rise.
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. //
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Resolution No. XXXX
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 thirtieth day 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. Draft Hamilton Avenue parcels vesting tentative map conditions Resolution No. XXXX
Conditions of Approval – Parcels west of Willow Road
Standard Conditions
Prior to Parcel Map Approval
1. Prior to approval of the Parcel Map the Applicant shall comply with all requirements of the Building Division, Engineering Division, and Transportation Division that are directly applicable to the project.
2. Applicant shall prepare and submit Demolition Plans to the City prior to the approval of the Parcel Map. The Demolition Plans, at a minimum, shall depict the demolition of all existing improvements within Parcel 1 that would conflict with the proposed reconfigured Parcel 1.
3. Prior to recordation of the Parcel Map, any existing buildings/structures that conflict with future proposed parcel boundaries of the Parcel Map shall be demolished subject to City approved Demolition Plans and Permit.
4. Prior to Parcel Map approval, Applicant shall submit plans for: 1) construction safety fences
around the periphery of the construction area on private property, 2) dust control, 3) air pollution control, 4) erosion and sedimentation control, 5) tree protection fencing, and 6) construction vehicle parking. The plans shall be subject to review and approval by the Building, Engineering, and Planning Divisions. The fences and erosion and sedimentation control measures shall be installed according to the approved plan prior to commencing construction.
5. Prior to Parcel Map approval, Applicant shall submit a Grading and Drainage Plan which may be included in the Improvement Plan set for review and approval. Post-construction runoff into the storm drain shall not exceed preconstruction runoff levels. A Hydrology Report calculating post construction performance will be required to the satisfaction of the Engineering Division.
6. Prior to Parcel Map approval, the Applicant shall submit engineered Off-Site Improvement Plans (including plans, specifications & engineer’s cost estimates), for approval by the Engineering Division, showing the infrastructure necessary to serve the Project. The Off-Site Improvement Plans shall include, but are not limited to, all engineering calculations necessary to substantiate the design of proposed realigned Hamilton Avenue improvements and associated relocation of utilities, traffic control devices, street lighting, and streetscape landscaping improvements, and shall incorporate the following:
a. The Off-Site Improvement Plans shall depict a realigned Menlo Park Utilities 12 inch domestic water mainline in an alignment within Willow Road. b. The Applicant shall extend the existing 10 foot shared bicycle/pedestrian path within Parcel 2 along Willow Road to the realigned Willow Road/Hamilton Avenue intersection improvements.
Resolution No. XXXX
c. The relocated Bus Stop on Willow Road shall accommodate the proposed Class IV bicycle lanes on Willow Road and necessary ADA accommodations, including a bus shelter.
d. Off-Site Improvement Plans shall include, but are not limited to:
• Existing Topography (NAVD 88’)
• Demolition Plan
• Site Plan (including easement dedications, if applicable) • Construction Parking Plan
• Grading and Drainage Plan
• Utility Plan
• Off-site Improvement Plan
• Erosion Control Plan / Tree Protection Plan
• Planting and Irrigation Plan
• Construction Details (including references to City Standards) e. All public improvements shall be designed and constructed to the satisfaction of the Engineering Division.
7. Green Infrastructure: The Off-Site Improvement Plans shall include Green Infrastructure in the form of a stormwater treatment area along the project’s frontage to treat runoff from the public right-of-way. The treatment area shall be located within the landscape area between the curb and sidewalk. Sizing and design shall conform to San Mateo Countywide Water Pollution Prevention Program design templates and technical guidance and be approved by the Engineering Division.
8. Landscape Screening: Landscaping shall screen all public utility equipment that is installed within the public rights-of-way and cannot be placed underground, subject, however, to the requirements of the Menlo Park Fire Protection District, the West Bay Sanitary District, PG&E, and any other applicable agencies regarding utility clearances and screening. The Off-Site Improvement Plans shall depict new utility installations, exact locations of any meters, back flow prevention devices, transformers, junction boxes, relay boxes and other equipment boxes installed within the public right of way or public easement area. The Off-Site Improvement Plans shall also depict the landscape screening. The screening shall be compatible and unobtrusive and subject to the review and approval of the Engineering and Planning Divisions; which approval will be required prior to the City’s approval of the Off-Site Improvement Plans.
9. Stormwater Management Report: Prior to Parcel Map approval, the applicant shall submit a Storm Water Management Report for the public right-of-way that meets the requirements of the San Mateo County’s C.3 Stormwater Technical Guidance Manual.
10. Prior to Parcel Map approval, Applicant shall provide documentation indicating the amount of irrigated landscaping within the public right-of-way. If the project proposes more than 500 square feet of irrigated landscaping, it is subject to the City's Water Efficient Landscaping Ordinance (Municipal Code Chapter 12.44). A detailed landscape plan shall be included in the Off-Site Improvement Plans and shall be subject to review and approval by the Engineering Division.
Resolution No. XXXX
11. Prior to Parcel Map approval, Applicant shall submit a plan for any new utility installations or upgrades for review and approval of the Planning, Engineering and Building Divisions. The plan shall show locations of all meters, back flow prevention devices, transformers, junction boxes, relay boxes, and other equipment boxes.
12. Prior to Parcel Map approval, Applicant shall pay all Public Works fees. Refer to City of Menlo Park Master Fee Schedule.
13. Prior to Parcel Map approval, the Applicant shall enter into a Subdivision Improvement Agreement and provide a performance bond for the completion of the off-site improvements as shown on the approved Off-Site Improvement plans. The Applicant shall obtain an encroachment permit, from the appropriate reviewing jurisdiction, prior to commencing any work within the right-of-way or public easements.
14. Prior to Parcel Map approval, Applicant shall submit draft updates to the recorded February 25, 1999, Covenants, Conditions and Restrictions (CC&Rs) to the City for review and approval by the Engineering Division, Planning Division and City Attorney.
The CC&Rs shall include amendments for the maintenance of storm water treatment improvements either within and/or adjacent to the Project site or constructed to serve the Project.
Prior to Construction
15. Prior to the commencement of the construction of public improvements, the Applicant shall obtain approval of the Willow Road Improvements encroachment permit from Caltrans as follows:
a. Submit a substantially complete set of Willow Road Improvement Plans to the City concurrent with the approval of the Willow Village Phase I Improvement Plans. The “Willow Road Improvement Plans” shall be comprised of the following improvements within Caltrans’ right-of-way:
1. Realigned Willow Road/Hamilton Avenue intersection;
2. New Willow Road/Park Street intersection; and
3. Class IV bicycle lanes on Willow Road.
Willow Road Improvement Plans shall include surface improvements, traffic signals, bicycle lanes, utility improvements, striping and signage improvements and other frontage improvements addressing both sides of Willow Road. The City shall cooperate with Applicant in its efforts to obtain an encroachment permit and other applicable approvals from Caltrans.
b. Caltrans Approval: Applicant shall submit applications to Caltrans no later than 30 days after City approval of the Willow Road Improvement Plans, and diligently pursue approvals.
Resolution No. XXXX
16. Truck Route Plan: The Applicant shall submit a truck route plan concurrent with the approval of the Off-Site Improvement Plan set based on the City’s municipal code requirements, for review and approval by the Transportation Division. The Applicant shall also submit a permit application and pay fees, if applicable, relating to the truck route plan, to the satisfaction of the Public Works Director.
During Construction
17. Salvaging and Recycling of Construction and Demolition Debris: For demolition of the existing improvements and the segment of Hamilton Avenue that is to be demolished, the Applicant shall comply with the requirements of Chapter 12.48 (Salvaging and Recycling of Construction and Demolition Debris) of the City of Menlo Park Municipal Code, which compliance shall be subject to review and approval by the Building Official or designee.
18. For areas that have undergone site clearing and have exposed soil by the start of the wet season (October 1 through April 30), the Applicant shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other physical means; rocking unpaved vehicle access to limit dispersion of much onto public right-of-way; and covering/tarping stored construction materials, fuels, and other chemicals. Erosion Plans shall include proposed measures to prevent erosion and polluted runoff occurring from site conditions shall be submitted for review and approval of the Engineering Division prior to beginning site clearing activities.
19. Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality, in accordance with the approved Stormwater Pollution Prevention Plan (SWPPP). BMP plan sheets are available electronically for inserting into Project plans.
Additional General Conditions
20. Within two years from the date of approval of the tentative parcel map, the Applicant shall submit a Parcel Map for City approval and recordation or apply for an extension of time consistent with section 66463.5(a) of the Subdivision Map Act.
21. The Applicant shall adhere to the Subdivision Map Act and Chapter 15 of the City's Municipal Code.
22. West Bay Sanitary District Requirements: The Property Owner shall comply with all regulations of the West Bay Sanitary District that are directly applicable to the Project.
Resolution No. XXXX
23. Menlo Park Fire Protection District Requirements: The Property Owner shall comply with all Menlo Park Fire Protection District regulations governing site improvements, Fire Code compliance, and access verification that are directly applicable to the Project.
24. During the design phase of the construction drawings, all potential utility conflicts shall be potholed with actual depths recorded on the improvement plans submitted for City review and approval.
25. The Applicant shall retain a civil engineer to prepare "as-built" or "record" drawings of public improvements, and the drawings shall be submitted in AutoCAD and Adobe PDF formats to the Engineering Division prior to Final Occupancy.
Project-Specific Conditions
1. The Parcel Map shall indicate and provide irrevocable offers of right-of-way dedication and public easements, as shown on tentative map dated October 7, 2022.
2. “No Objection” letters shall be provided to the City from all utilities companies prior to abandonment of public right of ways and public utility easements.
3. The existing Hamilton Avenue roadway shall remain operational until the cutover to the new alignment.
Resolution No. XXXX
ORDINANCE NO. XXXX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
AMENDING THE CITY ZONING MAP, REZONING CERTAIN PROPERTIES TO ADD A CONDITIONAL DEVELOPMENT (“X”) COMBINING DISTRICT, AND
APPROVING A CONDITIONAL DEVELOPMENT PERMIT FOR THE WILLOW
VILLAGE MASTER PLAN PROJECT
The City Council of the City of Menlo Park does ordain as follows:
SECTION 1.
The City Council of the City of Menlo Park hereby finds and declares as follows:
A. The City received an application requesting 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”) as a mixeduse development 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 for 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 (the “Project”).
B. 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 and paseos and the inclusion of multi-use pathways within the main Project Site as shown in Exhibit A, attached hereto and incorporated herein by this reference.
C. Rezoning of the main Project Site as shown in Exhibit A is necessary to add 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.
D. The Project is eligible for a Conditional Development Permit 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.
E. Approving the Conditional Development Permit 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 transportation demand management plans in accordance with Municipal Code Sections 16.43.100 and 16.45.90, establish a procedure for future consideration and approval of a Master Sign Program to establish signage standards and guidelines, and approve an exception to the unbundled parking requirement pursuant to Municipal Code Section 16.45.080(1).
F. The proposed amendment to the City zoning map and rezoning of the main Project Site, as shown in Exhibit A, as well as the approval of the Conditional Development Permit, 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 ConnectMenlo General Plan (“General Plan”).
ATTACHMENT F Page D-1.172
G. The proposed amendment of the City zoning map and rezoning of the main Project Site, as shown in Exhibit A, as well as the Conditional Development Permit are consistent with the General Plan, including the land use designations for the main Project Site.
SECTION 2.
An Environmental Impact Report (EIR) was prepared for the Project and certified by the City Council on _______________, 2022 (SCH# 2019090428), in accordance with the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Findings and a statement of overriding considerations were adopted by the City Council on _______________, 2022, by Resolution No. ______, and are incorporated herein by this reference. The analysis in the Project EIR tiered from the ConnectMenlo Final EIR, as appropriate and as further described in each environmental topic section in the EIR.
SECTION 3.
The Planning Commission of the City of Menlo Park (the “Planning Commission”) held a duly noticed public hearing on October 24, 2022 and continued to November 3, 2022, to review and consider the Project, including the proposed amendment to the zoning map and the rezoning of the main Project Site, as shown on Exhibit A, and the Conditional Development Permit, whereat all interested persons had the opportunity to appear and comment.
SECTION 4.
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 of the City of Menlo Park (the “City Council”) to approve the Project with recommended modifications, including the proposed amendment to the zoning map and the rezoning of the main Project Site, as shown on Exhibit A, as well as the Conditional Development Permit. In considering the Project, the Planning Commission considered and gave due regard to the nature and condition of all adjacent uses and structures and the impact of the Project thereon, and in relation to the effect upon the immediate neighborhood and the City. In accordance with Municipal Code Sections 16.82.030, 16.78.020, and 16.82.440, the Planning Commission found that approval of the Conditional Development Permit, including all uses permitted therein, would be consistent with the ConnectMenlo 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. The diesel emergency generators would meet the requirements of all reviewing and permitting agencies. The expanded construction hours include requirements to limit noise generating activities outside of the typical construction hours unless determined by the Building and Planning Divisions that an exception for specific activities is necessary (e.g. offsite evening/night work or other on-site activities that cannot occur during the typical construction hours). The Planning Commission further found that the public convenience or necessity would be served by the issuance of licenses to sell alcohol contemplated by the Conditional Development Permit and that the outdoor seating contemplated by the Conditional Development Permit would maintain unimpeded pedestrian access on the public right-of-way.
SECTION 5.
The City Council held a duly noticed public hearing on _____________, 2022, to review and consider the Project, including the proposed amendment to the zoning map and the rezoning of the main Project Site, as shown in Exhibit A, as well as the Conditional Development Permit, whereat all interested persons had the opportunity to appear and comment.
Ordinance No. XXXX
SECTION 6.
After due consideration of the proposed amendment to the zoning map and the rezoning of the main Project Site, as shown in Exhibit A, the Conditional Development Permit, public comments, the Planning Commission’s recommendation, the staff report, and other substantial evidence in the record, the City Council finds that the proposed amendment of the zoning map and rezoning of properties and the Conditional Development Permit as identified herein are consistent with the ConnectMenlo General Plan and are appropriate. In considering the Project, the City Council considered and gave due regard to the nature and condition of all adjacent uses and structures and the impact of the Project thereon, and in relation to the effect upon the immediate neighborhood and the City. In accordance with Municipal Code Sections 16.82.030, 16.78.020, and 16.82.440, the City Council further finds that approval of the Conditional Development Permit, including all uses permitted therein, 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. The City Council further finds that the public convenience or necessity would be served by the issuance of licenses to sell alcohol contemplated by the Conditional Development Permit, and that the outdoor seating contemplated by the Conditional Development Permit would maintain unimpeded pedestrian access on the public right-of-way.
SECTION 7.
The zoning map of the City of Menlo Park is hereby amended to modify the circulation plan with regard to the locations for new street connections to the surrounding roadway network as well as the location of public rights-of-way and paseos, and the inclusion of multi-use pathways, within the main Project Site, as shown in Exhibit A.
SECTION 8.
The zoning map of the City of Menlo Park is hereby amended such that certain real properties shown in Exhibit A are rezoned to add a conditional development (“X”) combining district.
Specifically, the parcels identified in Exhibit B are rezoned to O-B-X to add an X combining district; the parcels identified in Exhibit C are rezoned to R-MU-B-X to add an X combining district. This 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.
SECTION 9.
The Conditional Development Permit (Exhibit D) is hereby approved, authorizing development of the Project on the main Project Site. The Conditional Development Permit is consistent with the General Plan, which allows the uses permitted in the O-B-X and R-MU-B-X districts at the density and intensity proposed and encourages the type of live/work/play environment promoted by the X combining districts in the Bayfront area. Pursuant to Menlo Park Municipal Code section 16.56.030, the Conditional Development Permit establishes development regulations for the main Project Site, and the number of dwelling units, floor area ratio, and floor area limit authorized thereunder do not exceed the development regulations set forth in the O-B and RMU-B districts. The Conditional Development Permit, including all uses permitted therein, 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 SECTION 10. The Conditional Development Permit (Exhibit D) approves:
Ordinance No. XXXX
1) a master planned development that allows residential density, floor area ratio, and open space requirements at the bonus level to be calculated in the aggregate across the site but at levels which do not exceed what would be permitted if the site were developed in accordance with the O-B-X and R-MU-B-X districts, pursuant to Menlo Park Municipal Code sections 16.43.055 and 16.45.055;
2) bonus level development on the main Project Site and community amenities in accordance with the Development Agreement between City and Applicant, as well as Menlo Park Municipal Code sections 16.43.060, 16.45.060, 16.43.070, and 16.45.070; 3) all uses identified in the Conditional Development Permit in accordance with the terms thereunder and Menlo Park Municipal Code sections 16.43.020 through .040, 16.45.020 through .040, and 16.78.030;
4) waivers to Bird Safe Design requirements pursuant to Menlo Park Municipal Code sections
16.43.140(6)(H) and 16.45.130(6)(H) as provided in the Conditional Development Permit; 5) modifications to the requirements of the O-B and R-MU districts identified in the Conditional Development Permit to secure special benefits possible through comprehensive planning of large development, to allow relief from the monotony of standard development, and to permit the application of new and desirable development techniques, pursuant to Menlo Park Municipal Code section 16.82.050;
6) the transportation demand management plans identified in the Conditional Development Permit pursuant to Menlo Park Municipal Code sections 16.43.100 and 16.45.090; 7) all variants of the Project as identified in the Conditional Development Permit, including the No Willow Road Tunnel Variant, No Hamilton Avenue Realignment Variant, and Onsite Recycled Water Variant, which modify certain features or aspects of the Project based upon the election of the applicant or upon the potential action or inaction of agencies other than the City or of property owners outside the main Project Site; 8) establishment of a procedure for future consideration and approval of a Master Sign Program by the Planning Commission to establish signage standards and guidelines; and 9) an exception to the unbundled parking requirement pursuant to Municipal Code Section
16.45.080(1) for the Project’s affordable units.
10) allowance for expanded construction work hours, provided the construction activities comply with the noise limitations set forth in Chapter 8.06 (Noise) of the Municipal Code and mitigation measures Modified ConnectMenlo NOISE-1c, NOI-1.1 and NOI-1.2, unless determined by the Building and Planning Divisions that an exception for specific activities is necessary (e.g. offsite evening/night work or other on-site activities that cannot occur during the typical construction hours). Noise is allowed to exceed the City’s 85 decibel at 50 foot for any one piece of equipment requirement for construction equipment such as pile drivers, subject to compliance with Modified ConnectMenlo NOISE-1c, NOI-1.1 and NOI-1.2 in the EIR.
SECTION 11.
This ordinance shall become effective thirty (30) days after the date of its adoption. 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 of the ordinance prepared by the City Attorney, shall be published in a local newspaper used to publish official notices for the City of Menlo Park prior to the effective date.
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.
Ordinance No. XXXX
INTRODUCED on the fifteenth thirtieth 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
Exhibits:
A. Plat and legal – site
B. Plat and legal – office
C. Plat and legal – R-MU
D. Conditional development permit
Ordinance No. XXXX
FREYER & LAURETA, INC. Page 1 of 2
LEGAL DESCRIPTION
WILLOW VILLAGE SITE
MENLO PARK, CALIFORNIA
The land referred to is situated in the City of Menlo Park, County of San Mateo, State of California and is described as follows:
BEGINNING at the southwesterly corner of Parcel S; as shown on that certain map entitled “Menlo Industrial Center, City of Menlo Park, San Mateo County, California” filed in the office of the County Recorder of San Mateo County, State of California, on October 1, 1979, in Volume 99 of Maps at Pages 81-83, thence,
North 22°05'00" East, 120.17 feet; thence,
North 24°45'44" East, 143.14 feet; thence,
Along a tangent curve to the left, having a radius of 1,536.52 feet, length of 74.34 feet, and a delta angle of 02°46'19"; thence,
North 22°05'00" East, 864.41 feet; thence,
Along a tangent curve to the left, having a radius of 1,032.50 feet, length of 55.72 feet, and a delta angle of 03°05'31"; thence,
North 25°35'47" East, 2.12 feet; thence,
North 19°19'09" East, 144.98 feet; thence,
North 22°05'00" East, 71.06 feet; thence,
North 84°59'41" East, 1,324.41 feet; thence,
Along a tangent curve to the left, having a radius of 1,1509.17 feet, length of 251.79 feet, and a delta angle of 01°15'13"; thence,
EXHIBIT A Ordinance No. XXXX
FREYER & LAURETA, INC. Page 2 of 2
South 10°08'21" West, 1,612.25 feet; thence,
South 88°08'54" West, 1,612.25 feet; thence,
North 79°51'49" West, 668.96 feet to the POINT OF BEGINNING.
Containing 2,577,434.20 square feet (59.17 acres), more or less.
September 30, 2022
Ordinance No. XXXX
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Page D-1.179
FREYER & LAURETA, INC. Page 1 of 2
LEGAL DESCRIPTION
OFFICE (O)
MENLO PARK, CALIFORNIA
The land referred to is situated in the City of Menlo Park, County of San Mateo, State of California and is described as follows:
BEGINNING at the southwesterly corner of Parcel S; as shown on that certain map entitled “Menlo Industrial Center, City of Menlo Park, San Mateo County, California” filed in the office of the County Recorder of San Mateo County, State of California, on October 1, 1979, in Volume 99 of Maps at Pages 81-83, thence,
North 22°05'00" East, 120.17 feet; thence,
North 24°45'44" East, 143.14 feet; thence,
Along a tangent curve to the left, having a radius of 1,536.52 feet, length of 74.34 feet, and a delta angle of 02°46'19"; thence,
North 22°05'00" East, 864.41 feet; thence,
Along a tangent curve to the left, having a radius of 1,032.50 feet, length of 55.72 feet, and a delta angle of 03°05'31" to the TRUE POINT OF BEGINNING, thence clockwise the following courses and distances:
North 25°35'47" East, 2.12 feet; thence,
North 19°19'09" East, 144.98 feet; thence,
North 22°05'00" East, 71.06 feet; thence,
North 84°59'41" East, 1,324.41 feet; thence,
Along a tangent curve to the left, having a radius of 11,509.17 feet, length of 251.79 feet, and a delta angle of 01°15'13"; thence,
South 10°08'21" West, 1,612.25 feet; thence,
South 88°08'54" West, 899.78 feet; thence,
North 10°08'21" East, 391.79 feet; thence,
North 36°24'32" West, 124.47 feet; thence,
Along a curve to the left, having a radius of 60.00 feet, length of 93.25 feet, a delta angle of 89°02'37", and a radial bearing of North 36°24'32" West; thence,
Along a tangent curve to the right, having a radius of 40.00 feet, length of 31.82 feet, and a delta angle of 45°34'23"; thence,
North 10°07'14" East, 176.74 feet; thence,
Along a tangent curve to the right, having a radius of 30.00 feet, length of 47.12 feet, and a delta angle of 90°00'00"; thence,
EXHIBIT B Ordinance No. XXXX
FREYER & LAURETA, INC. Page 2 of 2
South 79°52'46" East, 664.42 feet; thence,
Along a tangent curve to the right, having a radius of 40.00 feet, length of 31.82 feet, and a delta angle of 45°34'23"; thence,
Along a tangent curve to the left, having a radius of 60.00 feet, length of 283.94 feet, and a delta angle of 271°08'46"; thence,
Along a tangent curve to the right, having a radius of 40.00 feet, length of 31.82 feet, and a delta angle of 45°34'23"; thence,
North 79°52'46" West, 664.42 feet; thence,
Along a tangent curve to the right, having a radius of 30.00 feet, length of 47.12 feet, and a delta angle of 90°00'00"; thence,
North 10°07'14" East, 104.42 feet; thence,
Along a tangent curve to the left, having a radius of 140.00 feet, length of 190.68 feet, and a delta angle of 78°02'17"; thence,
North 67°55'03" West, 133.87 feet; thence,
Along a tangent curve to the left, having a radius of 735.00 feet, length of 301.93 feet, and a delta angle of 23°32'13"; thence,
Along a tangent curve to the right, having a radius of 30.00 feet, length of 38.55 feet, and a delta angle of 73°37'09" to the TRUE POINT OF BEGINNING.
Containing 1,624,516.57 square feet (37.29 acres), more or less.
October 17, 2022
Ordinance No. XXXX
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OF SHEETS JOB NO. SHEET PROJ. ENGR: CHECKED: DCF DESIGNED: SCALE: AS SHOWN DATE: 10/17/2022 DRAWN: RJL SURVEYORS www.freyerlaureta.com CIVIL ENGINEERS 150 Executive Blvd Suite 4200 San Francisco, CA 94134 (415)534-7070 CONSTRUCTION MANAGERS DESCRIPTION DATE EXHIBIT B OFFICE (O) 2 2 Ordinance No. XXXX Page 12 of 69
Page D-1.183
FREYER & LAURETA, INC. Page 1 of 1
LEGAL DESCRIPTION
RESIDENTIAL MIXED USE (R-MU)
MENLO PARK, CALIFORNIA
The land referred to is situated in the City of Menlo Park, County of San Mateo, State of California and is described as follows:
BEGINNING at the southwesterly corner of Parcel S; as shown on that certain map entitled “Menlo Industrial Center, City of Menlo Park, San Mateo County, California” filed in the office of the County Recorder of San Mateo County, State of California, on October 1, 1979, in Volume 99 of Maps at Pages 81-83, thence,
North 22°05'00" East, 120.17 feet; thence,
North 24°45'44" East, 143.14 feet; thence,
Along a tangent curve to the left, having a radius of 1,536.52 feet, length of 74.34 feet, and a delta angle of 02°46'19"; thence,
North 22°05'00" East, 829.11 feet; thence,
Along a curve to the left, having a radius of 30.00 feet, length of 9.98 feet, a delta angle of 19°03'50", and a radial bearing of South 24°04'08" East; thence,
North 84°59'42" East, 13.25 feet; thence,
Along a tangent curve to the right, having a radius of 675.00 feet, length of 319.12 feet, and a delta angle of 27°05'15"; thence,
South 67°55'03" East, 133.87 feet; thence,
Along a tangent curve to the right, having a radius of 80.00 feet, length of 108.96 feet, and a delta angle of 78°02'17"; thence,
South 10°07'14" West, 401.15 feet; thence,
Along a tangent curve to the right, having a radius of 40.00 feet, length of 31.82 feet, and a delta angle of 45°34'23"; thence,
Along a tangent curve to the left, having a radius of 60.00 feet, length of 190.70 feet, and a delta angle of 182°06'08"; thence,
South 36°24'32" East, 124.47 feet; thence,
South 10°08'21" West, 391.79 feet; thence,
South 88°08'54" West, 283.17 feet; thence,
North 79°51'49" West, 668.96 feet to the POINT OF BEGINNING.
Containing 824,596.48 square feet (18.93 acres), more or less.
October 17, 2022
EXHIBIT C Ordinance No. XXXX
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Page D-1.185
OF SHEETS JOB NO. SHEET PROJ. ENGR: CHECKED: DCF DESIGNED: SCALE: AS SHOWN DATE: 10/17/2022 DRAWN: RJL SURVEYORS www.freyerlaureta.com CIVIL ENGINEERS 150 Executive Blvd Suite 4200 San Francisco, CA 94134 (415)534-7070 CONSTRUCTION MANAGERS DESCRIPTION DATE EXHIBIT B RESIDENTIAL MIXED USE (R-MU) 2 2 Ordinance No. XXXX Page 15 of 69
Page D-1.186
1 DRAFT CONDITIONAL DEVELOPMENT PERMIT (“CDP”)
WILLOW VILLAGE MASTER PLAN PROJECT
1. GENERAL INFORMATION
1.1. Applicant: Peninsula Innovation Partners, LLC (“Applicant”) or its successors or assigns
1.2. Project Description: General Plan Circulation Map Amendment, Zoning Ordinance Map Amendment, Rezoning, Development Agreement, Conditional Development Permit, Architectural Control, Vesting Tentative Subdivision Maps, Heritage Tree Removal Permits, Zoning Ordinance Modifications, Bird-Friendly Design Waivers, Willow Village Transportation Demand Management (TDM) Plan, and Below Market Rate Housing Agreements, to demolish approximately 1 million square feet (sf) of existing nonresidential uses and construct:
1. Approximately 1.8 million sf of nonresidential uses, composed of up to 1.6 million sf of office and accessory uses in the Campus District (consisting of up to 1.25 million sf of office space, with the balance of space for accessory uses [up to 350,000 sf if the office sf is maximized], in multiple buildings) and up to 200,000 sf of commercial/retail space;
2. Up to approximately 1,730 multi-family residential units, inclusive of 312 below market rate units;
3. An up to 193-room hotel; and
4. Minimum of 857,000 sf of open space at full buildout, including a minimum of 360,000 sf of publicly accessible parks, paths, and trails.
The above elements are collectively referred to as “Project”.
1.3. Project Site: The project site consists of approximately 59 acres identified by the Assessor’s Parcel Numbers listed in Section 1.4 herein, and generally is bounded by the currently inactive Dumbarton Rail Corridor to the north, an existing life science complex to the east (Menlo Park Labs Campus), the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy right-of-way to the south, and Willow Road to the west (“Project Site”). The existing project site parcels are shown on Exhibit A attached hereto and are more particularly described in Exhibit B attached hereto.
The Project also includes three parcels on two sites west of Willow Road. Hamilton Avenue Parcel North includes the existing Belle Haven Shopping Center (1401 Willow Road and 871-883 Hamilton Avenue) and Hamilton Avenue Parcel South includes the existing Chevron service station (1399 Willow Road). These parcels are not subject to this CDP; however, these parcels would be subject to and affected by specific off-site improvements and project actions (e.g. realignment of Hamilton Avenue).
1.4. Assessor’s Parcel Numbers: 055-440-010; 055-440-020; 055-440-030; 055-440-040; 055-440-090; 055-440-110; 055-440-130; 055-440-190; 055-440-210; 055-440-230; Ordinance No. XXXX
2 055-440-260; 055-440-300; 055-440-310; 055-440-320; 055-440-330; 055-440-050; 055-440-340; 055-440-350
1.5. Property Owner(s): Peninsula Innovation Partners and its successors in interest to all or any part of the Project Site (“Property Owner”)
1.6. Zoning: O-B-X (Office-Bonus, Conditional Development), R-MU-B-X (Residential MixedUse-Bonus, Conditional Development)
1.7. Conditions Precedent:
1.7.1. Property Owner’s obligations set forth herein are expressly conditioned on the resolution of all legal challenges, if any, to the Project’s entitlements. Notwithstanding any legal challenges, Property Owner’s obligations as set forth herein are expressly conditioned on Property’s Owner’s election, in its sole discretion, to commence construction of the Project.
1.7.2. Development of the Project, and all references in this CDP to the City’s Municipal Code, Zoning Ordinance, and future conditions of approval and fees, shall be subject to vested rights pursuant to common law, the Subdivision Map Act, and the Development Agreement.
2. PROJECT PLANS AND DEVELOPMENT STANDARDS
2.1. Project Plans:
2.1.1. Development of the Project shall substantially conform with the Willow Village Master Plan plans submitted by Applicant dated October 19, 2022, consisting of 66 plan sheets and Appendices 1 through 10, recommended for approval by the Planning Commission on [date], and approved by the City Council on [date] (“Project Plans”), except as modified by the conditions contained herein and/or in accordance with Section 8 (Changes) of this CDP.
2.1.2. Attached as Exhibit D is a glossary of technical reports and documents supporting implementation of this CDP.
2.1.3. Prior to the issuance of building permits for each building in the Project, and in accordance with Section 12.2, below, Property Owner shall submit architectural control plans (ACPs) for the building/site for review and approval by the Planning Commission in accordance with Municipal Code Section 16.68.020. As part of the architectural control review, the Community Development Department shall track compliance with the Development Standards set forth in Section 2.3 below through a compliance matrix, dated 6/23/22 and on file with the Ordinance No. XXXX
3 City that may be updated from time to time to ensure compliance with this CDP and Municipal Code requirements.
2.2. Definitions: As used in this CDP and the Project Plans:
2.2.1. “Standards”. Standards are objective measures with which all architectural control plans (ACPs) must substantially conform, subject to Changes to the CDP granted in accordance with and defined in Section 8 herein. Standards may be minimum or maximum
development parameters that development must fall within, or may be prescriptive requirements for objective Project design features.
2.2.2. “Conceptual Plans”. Items labeled as Conceptual Plans are intended to convey the general vision and design intent of the Project, while allowing flexibility in interpretation and implementation.
Conceptual Plans serve as guidelines for general orientation and organization of land uses and transportation and open space networks, general scale and massing of development, and overall architectural themes. All ACPs should be materially consistent with the vision and design intent conveyed by Conceptual Plans but need not comply with the specific details.
2.2.3. “Illustrative Plans and Renderings”. Items labeled as Illustrative Plans and Renderings depict one possible example of development that would substantially conform with the Standards and be materially consistent with the vision and design intent conveyed by the Conceptual Plans. Illustrative Plans and Renderings are not determinative of the ultimate configuration, building orientation, massing, architectural and landscaping details, parking design, etc.
ACPs may vary from these depictions.
2.2.4. “Architectural Control Plan” (“ACP”). ACPs provide architectural drawings of the proposed building or structure, proposed landscaping or other treatment of grounds around such building or structure, and proposed design of, and access to, required parking facilities, in accordance with Municipal Code Section 16.68.020.
ACPs should generally include site plans, floor plans, elevations, square footage diagrams, height calculations, color and materials, etc.
The ACPs shall comply with the City’s Application Submittal Guidelines. All ACPs shall substantially conform to the Standards and be materially consistent with the vision and design intent conveyed by the Conceptual Plans, subject to Modifications granted in accordance with Section 4 and/or Changes granted in accordance with Section 8 herein.
2.2.5. “Phase 1”. Project Site improvements under Phase 1 encompass structure demolition, surface improvements, and utility Ordinance No. XXXX
4 improvements within the Phase 1 and Phase 2 areas on the main Project Site. Specifically, Phase 1 would include:
a. Demolition of structures on the parcels south of Hamilton Avenue to support the realignment of Hamilton Avenue west of Willow Road and the new intersection at Willow Road.
b. Street improvements including realignment of the Hamilton Avenue and Willow Road intersection, Park Street, West Street, Main Street from O’Brien Drive to Hamilton Avenue, North Loop Road, and East Loop Road, each with a full complement of utilities to serve the Project and Willow Road Tunnel.
c. Grading and construction of primary circulation improvements (i.e., the streets and infrastructure necessary to serve Phase 1) to raise the Project Site above the flood hazard designation and ensure sea-level rise resiliency.
d. Construction of components associated with the Town Square District and the Campus District in the northern portion of the Project Site, including approximately 172,000 sf of hotel space (up to approximately 193 rooms); construction of the entirety of the office and accessory uses, the Elevated Park, and up to 200,000 sf of retail uses, including the grocery store; construction of the Town Square and the Town Square parking garage;
construction of the North Garage and South Garage as part of the Campus District; and construction within the
Residential/Shopping District of 1,044 residential units, the Publicly Accessible Park, and the Dog Park.
2.2.6. “Phase 2”. Phase 2 construction would encompass the construction of the balance of the Residential/Shopping District, provide 686 residential units, and construct Willow Road Tunnel, if Applicant so elects. Phase 2 site improvements would also include construction of Center Street and East Street, along with the installation of the infrastructure necessary to serve Phase 2.
2.2.7. “Square footage” or “sf” shall have the same meaning as the definition of Gross Floor Area (16.04.325) of the Zoning Ordinance.
2.3. Development Standards
2.3.1. Dwelling Units shall not exceed 100 dwelling units per acre for a not to exceed total of 1,730 units.
2.3.2. Maximum building square footage shall be calculated in accordance with Municipal Code Section 16.04.325 (Gross floor area),) and shall not exceed:
Ordinance No. XXXX
5 2.3.2.1. Office and accessory uses: 1,600,000 square feet in accordance with Sheet G3.03 of the Project Plans (consisting of a maximum of up to 1,250,000 square feet of office space, with the balance of space for accessory uses, in multiple buildings)
2.3.2.2. Retail uses: 200,000 square feet in accordance with Sheet G3.03 of the Project Plans
2.3.2.3. Residential uses: 1,696,406 square feet for 1,730 dwelling units in accordance with Sheet G3.03 of the Project Plans.
2.3.3. Hotel: 193 rooms in accordance with Sheet G3.03 of the Project Plans
2.3.4. Areas of private rights-of-way shall be included in the calculation of the maximum density and intensity (gross floor area) as shown on Sheet G3.02 of the Project Plans.
2.3.5. Building heights shall not exceed the maximum heights provided on Sheet G3.04 of the Project Plans.
2.3.6. Development standards identified in the Project Plans as CDP standards are incorporated by reference herein.
2.3.6.1. The calculation of height (average) and maximum height shall comply with Zoning Ordinance Sections 16.43.050 and 16.45.050.
2.3.7. Parking shall be provided in accordance with the standards set forth on Sheet G4.01 of the Project Plans and in compliance with Zoning Ordinance Sections 16.43.090 and 16.45.080, subject to the Modification for senior parking (below). This CDP grants an exception for unbundled parking for senior below market rate residential units.
This CDP also authorizes shared parking on the main Project Site in accordance with Sheet G4.01 of the Project Plans.
2.3.8. Open Space shall be provided in accordance with the standards set forth on Sheet G3.05 of the Project Plans. The Project shall provide a minimum of 360,000 sf of publicly accessible open space, consisting of 285,970 sf of open space required by the R-MU/O zoning and 74,030 sf of publicly accessible open space in excess of the RMU and O zoning district requirements (“Excess Publicly Accessible Open Space”)
2.3.8.1. The Excess Publicly Accessible Open Space will be provided in the Community Park and/or the Dog Park and/or Parcel 3. ACPs containing the Community Park, the Dog Park, and Parcel 3 will be required to document the amount of Excess Publicly Accessible Open Space provided in each ACP.
Ordinance No. XXXX
6 2.3.9. Roof Mounted Equipment except photovoltaic or solar panels, shall be fully screened and integrated into the design of the building consistent with Zoning Ordinance Section 16.08.095, and shall also comply with the noise requirements of that same section.
2.3.10. Ground Mounted Equipment shall be screened and integrated into the site design to the satisfaction of the Planning Division. The ground mounted equipment shall comply with the noise requirements in Chapter 8.06 (Noise) of the Municipal Code.
2.3.11. Building Setbacks shall be measured from the public right-of-way or public access easements. Private right-of-ways shall be treated as public right-of-ways for setback purposes.
3. USES
3.1. Permitted uses on the Project Site: The following uses are permitted on the Project Site pursuant to this CDP without the need for further administrative, special, or conditional use or special event permits:
3.1.1. Existing Uses
3.1.1.1. Notwithstanding the rezoning of the main Project Site and adoption of this CDP, existing uses and structures on the main Project Site that remain shall not be considered nonconforming and may continue (including after any period of discontinuance and without amortization) and be maintained, repaired, altered, restored if destroyed by catastrophe, subject to any applicable procedural review provisions of the Zoning Ordinance not contained in Chapter 16.80 and provided there is no increase in square footage. Existing use permits and architectural control permits shall remain valid until demolition (whole or partial) occurs.
3.1.2. Town Square District
3.1.2.1. Hotel
3.1.2.2. Banks and other financial institutions providing retail banking services (including credit unions and ATMs)
3.1.2.3. Eating and drinking establishments, including the sale of beer, wine, and alcohol (e.g., spirits and liquor other than beer and wine) in accordance with Section 3.6 herein, and/or that have live entertainment, and/or establishments that are portable (i.e. not permanent)
3.1.2.4. Retail sales establishments, excluding the sale of beer, wine, and alcohol except those uses identified in accordance with Section 3.6 herein Personal services, excluding tattooing, piercing, palm-reading, or similar services
3.1.2.5. Recreational facilities privately operated, less than 20,000 square feet Ordinance No. XXXX
7 3.1.2.6. Outdoor seating and tables (including those intended to be used for consumption of food and beverages), in accordance with Section 5.2
3.1.2.7. Emergency generators and associated use and storage of diesel fuel for up to 12 generators on the main project site in accordance with Sheet G6.07 of the Project Plans and the Hazardous materials information forms, generator supplemental forms (dated August 8, 2022) and agency referral forms.
Generator size, type, and locations shall be substantially in conformance with the Project Plans and supporting documents and shall comply with the requirements and conditions of the San Mateo County Environmental Health Services Division, Menlo Park Fire Protection District, West Bay Sanitary District, and the City of Menlo Park Building and Planning Divisions.
3.1.2.8. Bonus level development (e.g. height, density, and intensity) in accordance with Sections 16.43.040(1) and 16.43.060 and/or 16.45.040(10) and 16.45.060 of the Zoning Ordinance.
3.1.2.9. Public utilities, in accordance with Chapter 16.76 of the Zoning Ordinance. Any above ground utilities or appurtenances shall be screened with appropriate fencing, mesh enclosures, and/or like materials compatible with surrounding improved environment, or painted with appropriate colors compatible with surrounding improved environment.
3.1.2.10. Open space, private and publicly accessible, in accordance with Zoning Ordinance Sections 16.43.130(4) and 16.45.120(4).
3.1.2.11. CommunityLocal events including but not limited to farmers’ markets, movie nights, concerts, community block parties, and food trucks, provided the activities comply with Chapter 8.06 (Noise) of the Municipal Code, and provided that communitysuch events that require the use of City public services (e.g. police monitoring or control, street closure, traffic control, parking needs that will exceed capacity of the venue, or interfere with normal use and operation of right-of-ways for travel) require a special event permit per Chapter 8.60 of the Municipal Code.
3.1.2.12. Private special events not to exceed 26 in a calendar year, subject to Section 5.3, provided that private special events that require the use of City public services (e.g. police monitoring or control, street closure, traffic control parking needs that will exceed capacity of the venue, or interfere with normal use and operation of right-of-ways for travel) require a special event permit per Chapter 8.60 of the Municipal Code.
3.1.2.13. Parking structures, above and below-grade
3.1.2.14. Cellular telecommunications facilities provided the facilities are fully screened and/or integrated into a building or site feature and the facilities comply with all applicable Federal and State regulations
3.1.2.15. Other uses determined by the Community Development Director to be similar and compatible uses based on the following criteria:
• The activities involved in or equipment or materials employed in the use are the same or substantially similar to the uses expressly authorized by this CDP;
• The use is compatible with surrounding uses; and
• The use is consistent with the stated purpose of this CDP.
Ordinance No. XXXX
8 3.1.3. Residential/Shopping District
3.1.3.1. Multiple dwellings
3.1.3.2. Eating establishments, including the sale of beer, wine, and alcohol in accordance with Section 3.6 herein, and/or that have live entertainment, and/or establishments that are portable (i.e. not permanent)
3.1.3.3. Retail sales establishments, excluding the sale of beer, wine, and alcohol except those uses identified in accordance with Section 3.6 herein, including those greater than 20,000 square feet of gross floor area
3.1.3.4. Personal services, excluding tattooing, piercing, palm-reading, or similar services
3.1.3.5. Outdoor seating and tables (including those intended to be used for consumption of food and beverages) subject to Section 5.2
3.1.3.6. Movie theater and/or live theater
3.1.3.7. Recreational facilities, privately operated, including those greater than 20,000 square feet in gross floor area
3.1.3.8. Emergency generators and associated use and storage of diesel fuel for up to 12 generators on the main project site in accordance with Sheet G6.07 of the Project Plans and the Hazardous materials information forms, generator supplemental forms (dated August 8, 2022), and agency referral forms.
Generator size, type, and locations shall be substantially in conformance with the Project Plans and supporting documents and shall comply with the requirements of the San Mateo County Environmental Health Services Division, Menlo Park Fire Protection District, West Bay Sanitary District, and the City of Menlo Park Building and Planning Divisions.
3.1.3.9. Bonus level development (e.g. height, density, and intensity) in accordance with Sections 16.43.040(10) and 16.43.080 or 16.45.040(10) and
16.45.060 of the Zoning Ordinance.
3.1.3.10. Public utilities, in accordance with Chapter 16.76 of the Zoning Ordinance. Any above ground utilities or appurtenances shall be screened with appropriate fencing, mesh enclosures, and/or like materials compatible with surrounding improved environment, or painted with appropriate colors compatible with surrounding improved environment.
3.1.3.11. Open space, private and publicly accessible, in accordance with Zoning Ordinance Sections 16.43.130(4) and 16.45.120(4)
3.1.3.12. CommunityLocal events including but not limited to farmers’ markets, movie nights, concerts, community block parties, and food trucks, provided the activities comply with Chapter 8.06 (Noise) of the Municipal Code and provided that communitysuch events that require the use of City public services (e.g. police monitoring or control, street closure, traffic control, parking needs that will exceed capacity of the venue, or interfere with normal use and operation of right-of-ways for travel) require a special event permit, per Chapter 8.60 of the Municipal Code.
3.1.3.13. Private special events not to exceed 26 in a calendar year, subject to Section 5.3, provided that private events that require the use of City public services (e.g. police monitoring or control, street closure, traffic control, parking needs that will exceed capacity of the venue, or interfere with normal Ordinance No. XXXX
9 use and operation of right-of-ways for travel) require a special event permit, per Chapter 8.60 of the Municipal Code.
3.1.3.14. Parking structures, above and below-grade
3.1.3.15. Temporary dialysis center consistent with the improvements depicted on Conceptual Dialysis Center Temporary Location Sheet in Exhibit 5.
3.1.3.16. Cellular telecommunications facilities provided the facilities are fully screened and/or integrated into a building or site feature and the facilities comply with all applicable Federal and State regulations
3.1.3.17. Other uses determined by the Community Development Director to be similar and compatible uses based on the following criteria:
• The activities involved in or equipment or materials employed in the use are the same or substantially similar to the uses expressly authorized by this CDP;
• The use is compatible with surrounding uses; and
• The use is consistent with the stated purpose of this CDP.
3.1.4. Campus District
3.1.4.1. Administrative and professional offices (including amenity uses) and accessory uses, including those greater than 250,000 square feet in gross floor area:
• Office amenity uses intended to serve employees, contractors, and visitors, including, without limitation, the following facilities to serve onsite workers and visitors: food service facilities, ATMs, dry cleaners, fitness facilities, personal services (excluding tattooing, piercing, palmreading, or similar services), wellness facilities (including medical and dental)and wellness facilities (including medical and dental), provided that ATMs, dry cleaners, and massage facilities are not permitted in the office amenity space, and permanent third-party branded eating establishments as well as permanent third-party branded retail are not permitted in the office amenity space, except for private special events permitted by this CDP. Nothing in this Section 3.1.4.1 limits retail uses that are open to the public.
• Accessory uses include, without limitation, the following types of spaces:
meeting/collaboration space, orientation space, training space, event space, breakout space, incubator space, a business center, event building (including pre-function space, collaboration areas, and meeting/event rooms), a visitor center, experience center, production/ demonstration areas, a film studio, catering and culinary spaces affiliated with accessory uses, gathering spaces, terraces and private gardens, and space for other accessory uses
3.1.4.2. Eating establishments, including the sale of beer, wine, and alcohol in accordance with Section 3.6 herein, live entertainment, and/or establishments that are portable
3.1.4.3. Personal services, excluding tattooing, piercing, palm-reading, or similar services
Ordinance No. XXXX
10 3.1.4.4. Outdoor seating and tables (including those intended to be used for consumption of food and beverages) subject to Section 5.2.
3.1.4.5. Emergency generators and associated use and storage of diesel fuel for up to 12 generators on the main project site in accordance with Sheet XXG6.07 of the Project Plans and the Hazardous materials information forms, d generator supplemental forms (dated August 8, 2022), and agency referral forms. Generator size, type, and locations shall be substantially in conformance with the Project Plans and supporting documents and shall comply with the requirements of the San Mateo County Environmental Health Services Division, Menlo Park Fire Protection District, West Bay Sanitary District, and the City of Menlo Park Building and Planning Divisions.
3.1.4.6. Bonus level development (e.g. height, density, and intensity) in accordance with Sections 16.43.040(10) and 16.43.060 and/or 16.45.040(10) and 16.45.060 of the Zoning Ordinance.
3.1.4.7. Public utilities, in accordance with Chapter 16.76 of the Zoning Ordinance. Any above ground utilities or appurtenances shall be screened with appropriate fencing, mesh enclosures, and/or like materials compatible with surrounding improved environment, or painted with appropriate colors compatible with surrounding improved environment.
3.1.4.8. Open space, private and publicly accessible, in accordance with Zoning Ordinance Sections 16.43.130(40) and 16.45.120(4).
3.1.4.9. CommunityLocal events including but not limited to farmers’ markets, movie nights, concerts, community block parties, and food trucks, provided the activities comply with Chapter 8.06 (Noise) of the Municipal Code, and provided that communitysuch events that require the use of City public services (e.g. police monitoring or control, street closure, traffic control, parking needs that will exceed capacity of the venue, or interfere with normal use and operation of right-of-ways for travel) require a special event permit per Chapter 8.60 of the Municipal Code.
3.1.4.9.3.1.4.10. MCS Community Events as defined in Section 5.3.I of the Development Agreement
3.1.4.10.3.1.4.11. Private special events subject to the Event Management Plan (provided the activities comply with Chapter 8.06 (Noise) of the Municipal Code and do not require the use of City public services (e.g. police monitoring or control, street closure, traffic control), and do not require parking needs that will exceed capacity of the venue, or interfere with normal use and operation of right-of-ways for travel) including:
• Multiple day private special events located primarily indoors, without a special event permit
• Private special events with attendance expected to exceed 150 people that will use the Elevated Park (limited to 26 per year), without a special event permit provided the noise limits of Chapter 8.06 are complied with. • Private special events as provided in a special event permit approved by the City, as outlined in Chapter 8.60 of the Municipal Code
3.1.4.11.3.1.4.12. Parking structures, above and below-grade
3.1.4.12.3.1.4.13. Cellular telecommunications facilities Ordinance No. XXXX
11 3.1.4.13.3.1.4.14. Other uses determined by the Community Development Director to be similar and compatible uses based on the following criteria:
• The activities involved in or equipment or materials employed in the use are the same or substantially similar to the uses expressly authorized by this CDP;
• The use is compatible with the surrounding uses; and
• The use is consistent with the stated purpose of this CDP.
3.2. Additional Permitted uses on the Project Site: All permitted uses listed in the O and RMU zoning districts unless superseded by this CDP.
3.3. Additional administratively permitted uses on the Project Site: All administratively permitted uses listed in the O and R-MU zoning districts, and not specifically authorized by Section 3.1, are permitted with an administrative permit.
3.4. Additional special uses on the Project Site: Special uses in accordance with Chapter
16.78 and not specifically authorized by Section 3.1 herein are permitted with a use permit.
3.5. Additional conditionally permitted uses on the Project Site: All Conditionally permitted uses listed in the O and RMU zoning districts, and not specifically authorized by Section
3.1 herein, are permitted with a use permit.
3.6. Beer, Wine, and Alcohol Uses: Beer, wine, and alcohol uses shall be permitted as provided in sections 3.6.5, 3.6.6, and 3.6.7, subject to receipt of all required permits from the Bureau of Alcoholic Beverage Control (ABC). All other beer, wine, and alcohol uses shall require an administrative or use permit per the requirements of Zoning Ordinance Chapters 16.43 and 16.45.
3.6.1. Any citation or notification of violation by the ABC of the applicable ABC permit shall be grounds for suspension or revocation of the administrative/conditional use permits granted to the applicable user.
3.6.2. Prior to building permit issuance, the applicant shall comply with the applicable requirements of the Building Division, Engineering Division, and Transportation Division that are directly applicable to the sale of beer, wine, and alcohol.
3.6.3. A minimum of 90 days prior to the commencement of any sale of beer, wine, and alcohol for uses permitted through this CDP, the applicant shall submit documentation of an application for the permit with the ABC, a site plan and floor plan/seating plan, and project description letter for review and approval of the Community Development Director and the Chief of Police or their designee for conformance with this CDP, and compliance with the City of Menlo Park Municipal Code.
Ordinance No. XXXX