City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
SPECIAL MEETING MINUTES
Date: 1/31/2023
Time: 6:00 p.m.
Locations: Teleconference and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Special Session
A. Call To Order
Mayor Wolosin called the meeting to order at 6:02 p.m.
B. Roll Call
Present: Combs, Doerr, Nash, Taylor, Wolosin
Absent: None
Staff: City Manager Justin I. C. Murphy, City Attorney Nira F. Doherty, Assistant to the City Manager/City Clerk Judi A. Herren, Deputy City Clerk Sarah Sandoval C. Public Hearing
C1. Consider 1) the Planning Commission’s recommendation to adopt a resolution to certify the subsequent environmental impact report, adopt California Environmental Quality Act findings, adopt a Statement of Overriding Considerations for significant and unavoidable impacts for the Housing Element Update project, and approve a mitigation and monitoring program; and 2) the Planning Commission and Housing Commission’s recommendations to adopt a resolution to amend the General Plan to update the Housing Element for the 2023 to 2031 planning period (Staff Report 23-024-CC)
Principal Planner Tom Smith made the presentation (Attachment).
Mayor Wolosin opened the public hearing.
Nestor Flores spoke in support of locally hired union labor in Menlo Park. Isabel Pardo spoke in support of locally hired union labor in Menlo Park. Bryan Shields spoke in support of encouragement language for locally hired union labor in the Housing Element.
Lynne Bramlett spoke in support of reevaluating the City’s planning process and reexamining the noise, open space, conservation, safety, and environmental justice elements of the Housing Element.
Jenny Michel in support of affordable housing, tenant protections, and the use of City owned parking lots for additional housing.
Kathleen Daly spoke in support of affordable housing. Pam Jones spoke in support of interpretation services at public meetings and the inclusion of Climate Resilient Communities recommendations in the Housing Element. Brittani Baxter spoke in support of affordable housing and walkable amenities in Menlo Park.
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Mayor Wolosin closed the public hearing.
The City Council received clarification on the Department of Housing and Community Development (HCD) requirements for the Housing Element, air quality mitigation measures in the environmental impact report (EIR), historic buildings, and multimodal transportation improvements.
The City Council discussed the anti-displacement strategy, encouragement language for union labor, water efficiency, preservation of green spaces and parks, removal of certain Office-zoned sites located near Marsh Road from the list of proposed sites, Planning and Housing Commissions’ recommendations, and affordable housing on City-owned parking lots as potential modifications to the Housing Element.
The City Council directed adding language related to encouraging use of union labor, retaining proposed anti-displacement language, retaining the proposed site inventory list, adding an explanation as to why the civic center and parks were not selected as housing sites, use of Planning and Housing Commissions’ recommendations with the exception of modified timelines related to development of affordable housing on City-owned parking lots downtown, and transit incentives.
ACTION: Motion and second (Doerr/ Nash), to adopt a resolution to certify the subsequent EIR that analyzes potential environmental impacts of the proposed Housing Element Update project and makes California Environmental Quality Act (CEQA) findings to address impacts, including a statement of overriding considerations for significant and unavoidable environmental effects that would result from the proposed project, and to approve a mitigation monitoring and reporting program for the proposed project to mitigate impacts to less than significant with mitigation or reduce significant impacts, adopting environmental findings pursuant to the CEQA, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program, passed 4-1 (Combs dissenting).
ACTION: Motion and second (Nash/ Wolosin), to adopt a resolution to repeal in its entirety the 2015 to 2023 Housing Element of the General Plan and adopt in full the new text comprising the 2023 to 2031 Housing Element of the General Plan including modifications to the goals, policies, and programs language as discussed by the Council, passed 4-1 (Combs dissenting).
D. Adjournment
Mayor Wolosin adjourned the meeting at 8:33 p.m.
Sarah Sandoval, Deputy City Clerk
These minutes were approved at the City Council meeting of February 28, 2023.
City Council Special Meeting Minutes
January 31, 2023
HOUSING ELEMENT UPDATE
SEIR Certification and Housing Element Adoption Public HearingJanuary 31, 2023 C1-PRESENTATION
City Council Special Meeting Minutes January 31, 2023 Page 3 of 30 Consider certifying the subsequent environmental
impact report (SEIR), adopting findings under California Environmental Quality Act (CEQA), adopting Statement of Overriding Considerations, and approving a Mitigation Monitoring and Reporting Program for the Housing Element Update project Consider amending the General Plan to update the
Housing Element for 2023-2031– Housing Element must be adopted by January 31, 2023 to comply with state law
MEETING PURPOSE
2 City Council Special Meeting Minutes January 31, 2023 Page 4 of 30 Required 6th Cycle Housing Element Update
– Plan for city’s housing needs from 2023 to 2031– Regional Housing Needs Allocation (RHNA) is 2,946 units– Accounting for above-moderate income units already in pipeline, City must plan for 1,477 new affordable units
– Also updating goals, policies, and programs to preserve, improve, and develop housing for all income categories and affirmatively further fair housing
BACKGROUND
3 City Council Special Meeting Minutes January 31, 2023 Page 5 of 30 May 2021-Present: Outreach through project galleries, survey, pop-up events, focus groups, community meetings, City website, email lists, and other methods
May 25, 2021: City Council meeting to discuss goals and objectives, responsibilities, and community engagement October 26, 2021: City Council reviewed land use and site strategy options to meet RHNA November 16, 2021: City Council received informational updates on questions raised at October 26 meeting December 8, 2021: City Council reviewed and recommended potential housing opportunity sites and land use strategies May 11, 2022: Primary draft Housing Element circulated for public review June 6, 2022: City Council met to review primary draft Housing Element July 25, 2022: City submitted primary draft Housing Element to HCD, beginning 90-day state review period October 21, 2022: City received letter from HCD with list of requested revisions December 6 and 22, 2022: City Council conducted study sessions to provide feedback on Housing Element revisions January 6, 2023: City released final review draft Housing Element with revisions to address all HCD comments January 12, 2023: Planning and Housing Commissions reviewed and recommended adoption of Housing Element
BACKGROUND
4 City Council Special Meeting Minutes January 31, 2023 Page 6 of 30 Affordable RHNA will be met by zoning changes to allow up to 4,000 new units dispersed throughout city– The total would accommodate a mix of development types and achieve 2,834 affordable units
– Primarily in Council districts 2 through 5
Housing Element includes key zoning-related programs to be implemented within one year– Program H4.D: Increase density bonuses in the affordable housing overlay (AHO)– Program H4.I: Rezone commercial sites to allow residential and/or mixed-use development
– Program H4.J: Remove minimum lot size to achieve 30 du/ac for R-3 lots around downtown, and allow sites over 2 acres to have a density of 20 du/ac – Program H4.L: Increase densities in El Camino Real/Downtown Specific Plan area and remove residential cap
MAJOR LAND USE STRATEGIES
5 City Council Special Meeting Minutes January 31, 2023 Page 7 of 30 Chapter 8 includes a variety of programs
– Program H2.E: Anti-displacement strategy
• Funding for Menlo Park Housing Assistance Program beyond 2024• Expansion of just cause eviction policies beyond current law for tenants of any tenure
• Increase in length of time for rent relocation assistance• Creation of eviction monitoring and data collection program• Development of tenant rights education – Program H4.A: Amend BMR housing regulations to consider increasing requirements
– Program H4.E: Streamlined project review for 100 percent affordable housing– Program H4.G: Prioritize City-owned land for affordable housing (downtown parking lots)
– Others in staff report and red-lined final review draft Housing Element
KEY HOUSING ELEMENT PROGRAMS
6 City Council Special Meeting Minutes January 31, 2023 Page 8 of 30
OPPORTUNITY SITES
7 Sharon Heights
Belle Haven/Bayfront
Downtown/
El Camino Real
City Council Special Meeting Minutes January 31, 2023 Page 9 of 30
FINAL SEIR
City Council Special Meeting Minutes January 31, 2023 Page 10 of 30 esassoc.com 9
Menlo Park Housing Element Update (HEU)Subsequent Environmental Impact Report (SEIR) City Council Session January 31, 2023
City Council Special Meeting Minutes January 31, 2023 Page 11 of 30 esassoc.com 10
A Subsequent EIR (SEIR) has been prepared for the City’s Housing Element and Safety Element Update, and the new Environmental Justice Element.The SEIR builds upon the work completed for the 2016 ConnectMenlo effort and addresses the impacts of providing expanded housing opportunities in other parts of the City beyond the Bayfront.
Overview of the SEIR
City Council Special Meeting Minutes January 31, 2023 Page 12 of 30 esassoc.com 11
Milestone Dates (some are tentative)Publish Notice of Preparation (NOP) December 22, 2021 Draft SEIR scoping session January 24, 2022
End of NOP comment period January 31, 2022
Publish Draft SEIR November 4, 2022
Draft SEIR comment session November 14, 2022End of Draft SEIR comment period December 19, 2022 Publish Response to Comments on Draft SEIR January 3, 2023 Final SEIR certification hearings January 31, 2023
Environmental Review Process
City Council Special Meeting Minutes January 31, 2023 Page 13 of 30 esassoc.com 12
• Aesthetics• Air Quality• Biological Resources• Cultural Resources• Energy• Geology, Soils, & Paleontology• Greenhouse Gas Emissions• Hazards & Hazardous Materials
• Hydrology & Water Quality• Population & Housing• Public Services & Recreation• Utilities & Service Systems• Transportation• Tribal Cultural Resources• Wildfire Environmental Issues Analyzed in the Draft SEIR
City Council Special Meeting Minutes January 31, 2023 Page 14 of 30 esassoc.com 13
Principal Findings of the Draft SEIR
• Less than significant (LTS) effects and effects that can be mitigated to a less-than-significant level in all topic areas except air quality, cultural resources, and transportation. − Air Quality: Emissions during construction of larger projects− Cultural Resources (Historic Structures): Structures eligible for the National Register and/or California Register could be demolished and lost. − Transportation: Required upgrades to pedestrian and bicycle facilities might not occur based on lack of established nexus and identified funding. − Transportation: Some residential projects could exceed adopted guidelines for reductions in vehicle miles traveled (VMT). • The impacts identified above would be significant and unavoidable.
City Council Special Meeting Minutes January 31, 2023 Page 15 of 30 esassoc.com 14
Alternative DescriptionNo Project Alternative (required by CEQA)
HEU and associated elements would not
be adopted, additional housing sites
would not be identified, and no zoning
changes would occur
Low VMT Area Alternative* Concentrate all residential density increases in areas within identified
Priority Development Areas in the
Downtown area and/or areas of the City
with demonstrated low VMT
Alternatives
* Indicates environmentally superior alternative
City Council Special Meeting Minutes January 31, 2023 Page 16 of 30 esassoc.com 15
• Lists agencies and individuals who submitted comments:
− San Francisco Public Utilities Commission− Ravenswood Community School District− Ten organizations− Eleven individuals • Final SEIR
− Draft SEIR− Response to Comments Document− Revisions to the Draft SEIR− Mitigation Monitoring and Reporting Program (MMRP) Together these documents constitute the SEIR
Response to Public Comments and the Final SEIR
City Council Special Meeting Minutes January 31, 2023 Page 17 of 30 esassoc.com 16
CEQA Issues• Aesthetic impacts of densification• Impacts to biological resources (birds and trees)• Population and growth methodologies• Impacts to recreation facilities• Vehicle miles traveled (VMT)• Water supply Non-CEQA Issues
• Requests to add sites• Requests to remove sites• Requests for higher densities and more affordability• Traffic congestion, parkingPrincipal Comments Received on the Draft SEIR City Council Special Meeting Minutes January 31, 2023 Page 18 of 30 esassoc.com 17
Certification of the Final SEIR• Verify that that the Final SEIR meets the requirements of CEQA.• Concur with the CEQA Findings• Adopt a Statement of Overriding Considerations for the Significant and Unavoidable impacts identified in the SEIR, based on the following public benefits of adopting the HEU (summarized):
− Achieves compliance with the requirements of state law; − Plans for the community in a sustainable, healthy, and balanced way with a focus on affordable housing development and affirmatively furthering fair housing; and − Updates the Safety Element and provides a new Environmental Justice Element to provide for safety, equity, and the reduction of unique or compounded health risks in disadvantaged communities. • Adopt the Mitigation Monitoring and Reporting Program (MMRP) − The MMRP memorializes the commitments the City has made to minimizing the impacts of the HEU.
What’s Next for CEQA?
City Council Special Meeting Minutes January 31, 2023 Page 19 of 30
HOUSING ELEMENT
City Council Special Meeting Minutes January 31, 2023 Page 20 of 30 Councilmember proposed modifications to draft CEQA resolution Housing Commission proposed modifications to Housing Element Planning Commission proposed modifications to Housing Element Councilmember proposed modifications to Housing ElementPROPOSED CHANGES TO HOUSING ELEMENT AND DRAFT RESOLUTIONS 19 City Council Special Meeting Minutes January 31, 2023 Page 21 of 30
HOUSING ELEMENT
City Council Special Meeting Minutes January 31, 2023 Page 22 of 30 February 9, 6 p.m.: Environmental Justice and Safety Elements community meeting (in English) at Belle Haven Branch Library February 10, 6 p.m.: Environmental Justice and Safety Elements community meeting (in Spanish) at Belle Haven Branch Library 1st Quarter of 2023: Continued advancement of Environmental Justice and Safety Elements and zoning implementation
UPCOMING MILESTONES
21 City Council Special Meeting Minutes January 31, 2023 Page 23 of 30 Staff will continue to provide updates on the various elements of the Housing Element Update project on the City’s webpage menlopark.gov/HousingElementREMAIN ENGAGED IN THE PROCESS 22 City Council Special Meeting Minutes January 31, 2023 Page 24 of 30
THANK YOU
City Council Special Meeting Minutes January 31, 2023 Page 25 of 30 ID# Document Chapter Page Task Commenter City Council Action 1 SEIR Other - Incorporate January 6, 2023 Water Supply Assessment approval letter from Cal Water. Staff Approval 14 Resolution Other C-1.72 Revise text:
Building heights and massing would be increased, which would increase the overall aesthetic effect, which some viewers could perceive as adverse. This change would represent a significant departure from the “village” character envisioned under the El Camino Real/Downtown Specific Plan that was adopted in 2012, which required that buildings be kept low with limited massing.The City Council rejects the Low VMT Area Alternative because it could result in more concentrated and therefore greater impacts with respect to aesthetics, land use, noise, public services, utilities, and transportation infrastructure than would the proposed HEU. In addition, the Low VMT Area Alternative would not meet the project’s objective to distribute the housing opportunities throughout Districts 2 through 5.Therefore, the Low VMT Area Alternative is eliminated from further consideration.
Mayor Wolosin Approval
CEQA Finalization Matrix
City Council Special Meeting Minutes January 31, 2023 Page 26 of 30 Draft Housing
Element Page Reference Recommended Modification Council Action 8-11 Program H2.E: Anti-Displacement Strategy Modify: “Timeframe: Develop an anti-displacement strategy for the City, particularly in the Belle Haven neighborhood, and initiate program implementation by JuneJanuary 2024 beginning with items f., g., h., and i., and expanding to address other potential policies in the program through 20272026…” Approval 8-24 Program H4.D: modify the affordable housing overlay (AHO) Modify: “…The AHO will be structured so that state density bonus incentives can be utilized in conjunction with the AHO, providing for densities of 100 units/acre or greater…” Approval 8-26 Program H4.G: consider City-owned land for housing (Downtown parking lots) Modify: “Consider Prioritize City-Owned Land for Housing (Downtown Parking Lots) …Solicit proposals, and conduct a feasibility study to assess which parking lots are most suitable for residential development, rezone the parcels, (2024); and issue RFP for affordable housing development on some or all of the parking lots sites, including information on City land write-down incentives (2025 December 2023); complete development entitlements (20262024); seek to complete development of 345 or more affordable housing units on a combination of parking lot sites (20282026)…” Refer to Housing Commission recommendation
8-28 Program H4.M: update parking requirements and design standards Modify: “Review and modify parking requirements and design standards to provide greater flexibility in site planning for multifamily residential housing, including establishing a parking or alternative transportation in-lieu fee to be utilized toward improvements for modes of transportation other than personal motor vehicles.” Approval 8-38 Program H6.F: transit incentives Modify: “Integrate transit demand management strategies for all residential development, particularly in areas further away from transit to increase access to transit and reduce vehicle trips and parking demand. Approval Insert: “Tenant Readiness Education Program. Develop a program or partner with a community organization that offers educational classes to prospective and existing renters on topics such as finding affordable housing, understanding the application and rental process, learning about fair housing regulations, and identifying other resources for financial and/or legal assistance related to rental housing. Responsibility : Housing DivisionFinancing : General FundObjectives : Provide educational assistance and identify resources to help renters acquire and maintain decent and affordable housing.Timeframe: Establish partnership or develop program by December 2024 8-36 NEW Program H5.H
Planning Commission Recommendations
Approval
City Council Special Meeting Minutes January 31, 2023 Page 27 of 30 Draft Housing
Element Page Reference Recommended Modification Council Action 8-24 Program H4.D Modify: “…Evaluate processing fee waivers, deferrals, or further reduction of other fees (such as traffic impact fees, recreation in-lieu fees, etc.) for affordable housing development on sites where the AHO is applicable.” Approval Insert: “Racial Equity Training Program. Partner with an organization, such as the Government Alliance on Race and Equity (GARE), to provide racial equity training and build organizational capacity within the City to address racial inequity and advance opportunities for all in housing and other community matters.Responsibility : All City departments; city manager; City commissions; City CouncilFinancing : General FundObjectives : Increase awareness, build organizational capacity and infrastructure, and strive for racial equity in housing and other local government mattersTimeframe: Join program by December 2023; initiate first racial equity training session in 2024Modify: “…Solicit proposals and initiate a feasibility study to assess which parking lots are most suitable for residential development (20242023); issue RFP for affordable housing development on some or all of the parking lots sites, including information on City land write-down incentives (20252024); complete development entitlements (20262025); seek to complete development of 345 or more affordable housing units on a combination of parking lot sites (20282027)…” Housing Commission Recommendations
8-36 NEW program H5.G
8-26 Program H4.G: consider City-owned land for housing (Downtown parking lots) Approval Approval
City Council Special Meeting Minutes January 31, 2023 Page 28 of 30 ID# Document Chapter Page Task Commenter City Council Action 2 Housing Element Other - Add chapter number references to the first page of each chapter. Staff Approval3 Housing Element 5. Actual and Potential Constraints to Housing
5-11 Add text:
As such, a program has been included in the Element to add a definition and make provisions for small employee housing as a permitted use in all zone districts where single-family is permitted.
Staff Approval
4 Housing Element 4. AFFH 4-57 Revise text to state that areas of the city west of US-101 are classified as Racially Concentrated Areas of Affluence.
Staff Approval
11 Housing Element 8. Goals Polices Programs - Global document check for Program H4.E (Streamlined Project Review) references consistency. Program H4.E was previously "Ministerial Review of 100 Percent Affordable Housing." Councilmember Nash Approval
New Housing Element 7. Site Inventory and Analysis 7-24 Remove reference to "many" sites around the VA Medical Center Councilmember Nash Approval Sixth Cycle Housing Element Finalization Matrix
City Council Special Meeting Minutes January 31, 2023 Page 29 of 30 ID# Document Chapter Page Task Commenter City Council Action 5 Housing Element 7. Site Inventory and Analysis 7-18 Revise Site #64 (Veterans Affairs Hospital) description to a 60-unit site from earlier mentions of a 61-unit site. Site calculations list a 60-unit site.
Staff Approval
6 Housing Element 4. AFFH 4-29 Remove text:
Student outcomes at the city’s elementary and middle schools are both positive. In Menlo Park Union, 58% of elementary students tested at or above the proficient level for reading and 55% at or above math levels. Of middle school students, 61% at or above the proficient level for reading and 53% at or above math levels. Menlo Park Union dedicates significant funding to provide supportive services to its students with an annual $33 million dedicated to supportive services for students.
Mayor Wolosin Approval
7 Housing Element 4. AFFH 4-30 Remove text and Footnote 12:
In accordance with state law, Menlo Park published a School Accountability Report Card (SARC) for the Menlo Park School of Education (CSI) for the 2021-2022 school year.
Mayor Wolosin Approval
8 Housing Element Appendix - Update figures and appendices to show City Council redistricting adopted on April 14, 2022. For example, Figure 7-3 (Sites by Council District) should show potential Housing Opportunity Sites #14, 19, 43, 55, and 61 in District 4, formerly in District 3.
Update Site Sheets (Appendix 7-5) with current City Council district information.
Councilmember Nash Approval
10 Housing Element 7. Site Inventory and Analysis 7-24 Update text:
In addition, the vast majority of the sites designated for affordable housing are located in high-performing school districts.
Councilmember Nash Approval
22 Housing Element 7. Site Inventory and Analysis 7-16 Revise text:
The City Council decided not to pursue housing development in the parks or the Civic Center site, given the importance of green space and community space access for all residents.
Councilmember Doerr Approval
23 Housing Element 8. Goals Polices Programs 8-36 Revise text:
Siting Development. Ensure new developments in the highest hazards areas include mitigation measures. Expand beneficial uses, such as green and open spaces, flood mitigation and recreation, in non-developable high hazard lands.
Councilmember Doerr Approval
24 Housing Element 8. Goals Polices Programs 8-26 Revise Program H4G titling.
Current Titling: Consider City-Owned Land for Housing (Downtown Parking Lots).
Proposed Titling: Prioritize Affordable Housing on City-Owned Parking Lots Downtown.
Councilmember Nash Approval
New Housing Element 8. Goals Polices Programs 8-38 New Policy:
Encourage developers and contractors to evaluate hiring local labor, hiring from or contributing to apprenticeship programs, increasing resources for labor compliance, and providing living wages.
Councilmember
Combs and
Councilmember Doerr
Approval
New Housing Element 8. Goals Polices Programs 8-36 New Policy:
Encourage improved and/or increased water conservation and reuse in thecommunity. Encourage developers to employ water conservation and reusemeasures and share what these measures are in newdevelopments.
Promote water conservation and reuse in existing homes.
Councilmember Doerr Approval
Sixth Cycle Housing Element Finalization Matrix
City Council Special Meeting Minutes
January 31, 2023