Mitigation Measure Action Timing Implementing Party Monitoring Party Mitigation Measure AIR-1a: During construction of individual projects under the Specific Plan, project applicants shall require the construction contractor(s) to implement the following measures required as part of Bay Area Air Quality Management District’s (BAAQMD) basic dust control procedures required for construction sites. For projects for which construction emissions exceed one or more of the applicable BAAQMD thresholds, additional measures shall be required as indicated in the list following the Basic Controls.Basic Controls that Apply to All Construction Sites1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, gradedareas, and unpaved access roads) shall be watered two times per day.
Exposed surfaces shall be watered twice daily.
2. All haul trucks transporting soil, sand, or other loose material off-site shallbe covered.
Trucks carrying demolition debris shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removedusing wet power vacuum street sweepers at least once per day. The use ofdry power sweeping is prohibited.
Dirt carried from construction areas shall be cleaned daily.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph. Speed limit on unpaved roads shall be 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed assoon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
Roadways, driveways, sidewalks and building pads shall be laid as soon as possible after grading.
6. Idling times shall be minimized either by shutting equipment off when not inuse or reducing the maximum idling time to 5 minutes (as required by theCalifornia airborne toxics control measure Title 13, Section 2485 of CaliforniaCode of Regulations [CCR]). Clear signage shall be provided for constructionworkers at all access points.
Idling times shall be minimized to 5 minutes or less; Signage posted at all access points.
7. All construction equipment shall be maintained and properly tuned inaccordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
Construction equipment shall be properly tuned and maintained.
8. Post a publicly visible sign with the telephone number and person tocontact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
Signage will be posted with the appropriate contact information regarding dust complaints.
9. Minimizing the idling time of diesel powered construction equipment to two minutes.
Idling time of diesel powered equipment will not exceed two minutes.
Mitigation Monitoring and Reporting Program
AIR QUALITY
Specific Plan Impact AIR-1: Implementation of the Specific Plan would result in increased long-term emissions of criteria pollutants associated with construction activities that could contribute substantially to an air quality violation. (Significant) Measures shown on plans, construction documents and ongoing during demolition, excavation and construction.
Project sponsor(s) and contractor(s)
PW/CDD
EXHIBIT E Resolution No. XXXX
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Mitigation Measure Action Timing Implementing Party Monitoring Party Mitigation Monitoring and Reporting Program
10. The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet- average 20 percent nitrogen oxides reduction and 45 percent particulate matter reduction compared to the most recent ARB fleet average. Acceptable options for reducing emissions include the use of late model engines, lowemission diesel products, alternative fuels, engine retrofit technology, aftertreatment products, add-on devices such as particulate filters, and/or other options as such become available.
Plan developed that demonstrates emissions from use of off-road equipment during construction will be reduced as specified.
11. Use low volatile organic compound (VOC) (i.e., reactive organic gases) coatings beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings).
Low VOC coatings shall be used.
12. Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of nitrogen oxides and particulate matter.
Require Best Available Control Technology for all construction equipment, diesel trucks, and generators.
13. Requiring all contractors use equipment that meets the California Air Resources Board’s most recent certification standard for off-road heavy duty diesel engines.
Equipment shall meet standards for off-road heavy duty diesel engines.A health risk analysis shall be prepared.If one or more thresholds are exceeded, a filtration system shall be installed; Certified engineer to provide report documenting that system reduces health risks Specific Plan Impact AIR-5: Implementation of the Specific Plan would locate sensitive receptors in an area of elevated concentrations of toxic air contaminants associated with roadway traffic which may lead to considerable adverse health effects. (Potentially Significant) Simultaneous withsubmittal for a building permit.
Mitigation Measure AIR-5: The Mitigation Monitoring and Reporting Program Project sponsor(s) CDDshall require that all developments that include sensitive receptors such as residential units that would be located within 200 feet of the edge of El Camino Real or within 100 feet of the edge of Ravenswood Avenue, Oak Grove Avenue east of El Camino Real, or Santa Cruz Avenue west of University Avenue shall undergo, prior to project approval, a screening-level health risk analysis to determine if cancer risk, hazard index, and/or PM2.5 concentration Resolution No. XXXX Page 38 of 47
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Mitigation Measure Action Timing Implementing Party Monitoring Party Mitigation Monitoring and Reporting Program
Plan developed for ongoing maintenance and disclosure to buyers and/renters.
Mitigation Measure AIR-5 associated with Impact AIR-5 regarding DPM exposure would also reduce PM2.5 exposure impacts along El Camino Real and other high volume streets to a less than significant level.
A health risk analysis shall be prepared.If one or more thresholds are exceeded, a filtration system shall be installed; Certified engineer to provide report documenting that system reduces health risks Mitigation Measure AIR-7: The Mitigation Monitoring and Reporting Program shall require that all developments that include sensitive receptors such as residential units that would be located within approximately 1,095 feet of the edge of the Caltrain right-of-way shall undergo, prior to project approval, a screening-level health risk analysis to determine if cancer risk, hazard index, and/or PM2.5 concentration would exceed BAAQMD thresholds. If one or more thresholds would be exceeded at the site of the subsequent project, the Simultaneous withsubmittal for a building permit.
Project sponsor(s) CDD
Specific Plan EIR Impact AIR-6: Implementation of the Specific Plan would locate new sensitive receptors in an area of elevated concentrations of PM 2.5 associated with roadway traffic which may lead to considerable adverse health effects. (Potentially Significant) See Mitigation Measure AIR-5.
Specific Plan EIR Impact AIR-7: Implementation of the Specific Plan would expose sensitive receptors to elevated concentrations of Toxic Air Contaminants (TACs) associated with Caltrain operations which may lead to considerable adverse health effects. (Potentially Significant)would exceed BAAQMD thresholds. If one or more thresholds would be exceeded at the site of the subsequent project, the project (or portion of the project containing sensitive receptors, in the case of a mixed-use project) shall be equipped with filtration systems with a Minimum Efficiency Reporting Value (MERV) rating of 14 or higher. The ventilation system shall be designed by an engineer certified by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, who shall provide a written report documenting that the system reduces interior health risks to less than 10 in one million, or less than any other threshold of significance adopted by BAAQMD or the City for health risks. The project sponsor shall present a plan to ensure ongoing maintenance of ventilation and filtration systems and shall ensure the disclosure to buyers and/or renters regarding the findings of the analysis and inform occupants as to proper use of any installed air filtration. Alternatively, if the project applicant can prove at the time of development that health risks at new residences due to DPM (and other TACs, if applicable) would be less than 10 in one million, or less than any other threshold of significance adopted by BAAQMD for health risks, or that alternative mitigation measures reduce health risks below any other City-adopted threshold of significance, such filtration shall not be required.
Resolution No. XXXX Page 39 of 47
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Plan developed for ongoing maintenance and disclosure to buyers and/renters.
Mitigation Measure BIO-1a: Pre-Construction Special-Status Avian Surveys. No more than two weeks in advance of any tree or shrub pruning, removal, or ground-disturbing activity that will commence during the breeding season (February 1 through August 31), a qualified wildlife biologist will conduct pre-construction surveys of all potential special-status bird nesting habitat in the vicinity of the planned activity. Pre-construction surveys are not required for construction activities scheduled to occur during the non-breeding season (August 31 through January 31). Construction activities commencing during the non-breeding season and continuing into the breeding season do not require surveys (as it is assumed that any breeding birds taking up nests would be acclimated to project-related activities already under way). Nests initiated during construction activities would be presumed to be unaffected by the activity, and a buffer zone around such nests would not be necessary. However, a nest initiated during construction cannot be moved or altered.If pre-construction surveys indicate that no nests of special-status birds are present or that nests are inactive or potential habitat is unoccupied: no further mitigation is required.General Plan EIR Impact AQ-3: Implementation of the proposed project would expose sensitive receptors to substantial concentrations of air pollutions). (Potentially Significant) q pj
project (or portion of the project containing sensitive receptors, in the case of a mixed-use project) shall be equipped with filtration systems with a Minimum Efficiency Reporting Value (MERV) rating of 14 or higher. The ventilation system shall be designed by an engineer certified by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, who shall provide a written report documenting that the system reduces interior health risks to less than 10 in one million, or less than any other threshold of significance adopted by BAAQMD or the City for health risks. The project sponsor shall present a plan to ensure ongoing maintenance of ventilation and filtration systems and shall ensure the disclosure to buyers and/or renters regarding the findings of the analysis and inform occupants as to proper use of any installed air filtration. Alternatively, if the project applicant can prove at the time of development that health risks at new residences due to DPM (and other TACs, if applicable) would be less than 10 in one million, or less than any other threshold of significance adopted by BAAQMD for health risks, or that alternative mitigation measures reduce health risks below any other Cityadopted threshold of significance, such filtration shall not be required.Specific Plan EIR Impact BIO-1: The Specific Plan could result in the take of special-status birds or their nests. (Potentially Significant)
BIOLOGICAL RESOURCES
A nesting bird survey shall be prepared if tree or shrub pruning, removal or grounddisturbing activity will commence between February 1 through August 31.
Prior to tree or shrub pruning or removal, any ground disturbing activity and/or issuance of demolition, grading or building permits.
Qualified wildlife biologist retained by project sponsor(s) CDD
Resolution No. XXXX Page 40 of 47
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If active nests of special-status birds are found during the surveys: implement Mitigation Measure BIO-1b.Mitigation Measure BIO-1b: Avoidance of active nests. If active nests of special-status birds or other birds are found during surveys, the results of the surveys would be discussed with the California Department of Fish and Game and avoidance procedures will be adopted, if necessary, on a case-by- case basis. In the event that a special-status bird or protected nest is found, construction would be stopped until either the bird leaves the area or avoidance measures are adopted. Avoidance measures can include construction buffer areas (up to several hundred feet in the case of raptors), relocation of birds, or seasonal avoidance. If buffers are created, a no disturbance zone will be created around active nests during the breeding season or until a qualified biologist determines that all young have fledged. The size of the buffer zones and types of construction activities restricted will take into account factors such as the following:1. Noise and human disturbance levels at the Plan area and the nesting site at the time of the survey and the noise and disturbance expected during the construction activity;2. Distance and amount of vegetation or other screening between the Plan area and the nest; and3. Sensitivity of individual nesting species and behaviors of the nesting birds.
If active nests are found during survey, the results will be discussed with the California Department of Fish and Game and avoidance procedures adopted.Halt construction if a special-status bird or protected nest is found until the bird leaves the area or avoidance measures are adopted.
Prior to tree or shrub pruning or removal, any ground-disturbing activities and/or issuance of demolition, grading or building permits.
Project sponsor(s) and contractor(s)
CDD
Mitigation Measure BIO-3a: Reduce building lighting from exterior sources.a. Minimize amount and visual impact of perimeter lighting and façade uplighting and avoid uplighting of rooftop antennae and other tall equipment, as well as of any decorative features;b. Installing motion-sensor lighting, or lighting controlled by timers set to turn off at the earliest practicable hour;c. Utilize minimum wattage fixtures to achieve required lighting levels;d. Comply with federal aviation safety regulations for large buildings by installing minimum intensity white strobe lighting with a three-second flash interval instead of continuous flood lighting, rotating lights, or red lightinge. Use cutoff shields on streetlight and external lights to prevent upwards lighting.Mitigation Measure BIO-3b: Reduce building lighting from interior sources.a. Dim lights in lobbies, perimeter circulation areas, and atria;b. Turn off all unnecessary lighting by 11pm thorough sunrise, especially during peak migration periods (mid-March to early June and late August through late October); CDD
Specific Plan EIR Impact BIO-3: Impacts to migratory or breeding special-status birds and other special-status species due to lighting conditions. (Potentially Significant) Reduce building lighting from exterior sources.Reduce building lightingfrom interior sources.
Prior to building permit issuance and ongoing.
Project sponsor(s) and contractor(s)
CDD
Prior to building permit issuance and ongoing.
Project sponsor(s) and contractor(s)
Resolution No. XXXX Page 41 of 47
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c. Use gradual or staggered switching to progressively turn on building lights at sunrise.d. Utilize automatic controls (motion sensors, photosensors, etc.) to shut off lights in the evening when no one is present;e. Encourage the use of localized task lighting to reduce the need for more extensive overhead lighting;f. Schedule nightly maintenance to conclude by 11 p.m.;g. Educate building users about the dangers of night lighting to birds.Mitigation Measure BIO-5a: Preconstruction surveys. Potential direct and indirect disturbances to special-status bats will be identified by locating colonies and instituting protective measures prior to construction of any subsequent development project. No more than two weeks in advance of tree removal or structural alterations to buildings with closed areas such as attics, a qualified bat biologist (e.g., a biologist holding a California Department of Fish and Game collection permit and a Memorandum of Understanding with the California Department of Fish and Game allowing the biologist to handle and collect bats) shall conduct pre-construction surveys for potential bats in the vicinity of the planned activity. A qualified biologist will survey buildings and trees (over 12 inches in diameter at 4.5-foot height) scheduled for demolition to assess whether these structures are occupied by bats. No activities that would result in disturbance to active roosts will proceed prior to the completed surveys. If bats are discovered during construction, any and all construction activities that threaten individuals, roosts, or hibernacula will be stopped until surveys can be completed by a qualified bat biologist and proper mitigation measures implemented.If no active roosts present: no further action is warranted.If roosts or hibernacula are present: implement Mitigation Measures BIO5b and 5c.Specific Plan Impact BIO-5: The Specific Plan could result in the take of special-status bat species. (Potentially Significant) Retain a qualified bat biologist to conduct pre-construction survey for bats and potential roosting sites in vicinity of planned activity. Halt construction if bats are discovered during construction until surveys can be completed and proper mitigation measures implemented.
Prior to tree pruning or removal or issuance of demolition, grading or building permits.
Qualified bat biologist retained by project sponsor(s)
CDD
Resolution No. XXXX Page 42 of 47
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Mitigation Measure BIO-5b: Avoidance. If any active nursery or maternity roosts or hibernacula of special-status bats are located, the subsequent development project may be redesigned to avoid impacts. Demolition of that tree or structure will commence after young are flying (i.e., after July 31, confirmed by a qualified bat biologist) or before maternity colonies forms the following year (i.e., prior to March 1). For hibernacula, any subsequent development project shall only commence after bats have left the hibernacula. No-disturbance buffer zones acceptable to the California Department of Fish and Game will be observed during the maternity roost season (March 1 through July 31) and during the winter for hibernacula (October 15 through February 15).Also, a no-disturbance buffer acceptable in size to the California Department of Fish and Game will be created around any roosts in the Project vicinity (roosts that will not be destroyed by the Project but are within the Plan area) during the breeding season (April 15 through August 15), and around hibernacula during winter (October 15 through February 15). Bat roosts initiated during construction are presumed to be unaffected, and no buffer is necessary. However, the “take” of individuals is prohibited.
If any active nursery or maternity roosts or hibernacula are located, no disturbance buffer zones shall be established during the maternity roost and breeding seasons and hibernacula.
Prior to tree removal or pruning or issuance of demolition, grading or building permits Qualified bat biologist retained by project sponsor(s)
CDD
Mitigation Measure BIO-5c: Safely evict non-breeding roosts. Nonbreeding roosts of special-status bats shall be evicted under the direction of a qualified bat biologist. This will be done by opening the roosting area to allow airflow through the cavity. Demolition will then follow no sooner or later than the following day. There should not be less than one night between initial disturbance with airflow and demolition. This action should allow bats to leave during dark hours, thus increasing their chance of finding new roosts with a minimum of potential predation during daylight. Trees with roosts that need to be removed should first be disturbed at dusk, just prior to removal that same evening, to allow bats to escape during the darker hours. However, the “take” of individuals is prohibited.
A qualified bat biologist shall direct the eviction of non-breeding roosts.
Prior to tree removal or pruning or issuance of demolition, grading or building permits.
Qualified bat biologist retained by project sponsor(s)
CDD
Mitigation Measure BIO 6a: The following measures shall be implemented to mitigate the effects of the project on special-status amphibians and reptiles:Staging areas, and all fueling and maintenance of vehicles and other equipment and staging areas shall be at least 100 feet from the riparian corridor ofSan Francisquito Creek. For any construction that takes place within 100 feet of the riparian corridor of San Francisquito Creek:
Buffer areas of at least 100 feet shall be created for the riparian corridor of San Francisquito Creek.
Prior to issuance of a grading permit and ongoing during construction Project sponsor(s) CDD
Specific Plan Impact BIO-6a: The Specific Plan could result in impacts to special-status amphibians and reptiles; California red-legged frog, California tiger salamander, and western pond turtle. (Potentially Significant) Resolution No. XXXX Page 43 of 47
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The project sponsor shall install exclusionary fencing, such as silt fences, along San Francisquito Creek and around all construction areas that are within 100 feet of or adjacent to potential California red-legged frog, California tiger salamander, or western pond turtle habitat, which includes San Francisquito Creek and its riparian corridor. Once fencing is in place, it shall be maintained by the project sponsor until completion of construction within or adjacent to the enclosure.
Install fencing along San Francisquito Creek and around allconstruction areas within 100 feet of or adjacent to potential California red- legged frog, California tiger salamander, or western pond turtle habitat.
Qualified biologist retained by the project sponsor(s)
Prior to commencement of any earthmoving activities, the project sponsor shall retain a qualified monitoring biologist to train all construction personnel and work crews on the sensitivity and identification of the California redlegged frog, California tiger salamander, and western pond turtle and the penalties for the “take” of these species. In addition, species identification cards shall be provided to all construction personnel. Training sessions shall be conducted for all new employees before they access the Plan area and periodically throughout project construction.
Retain a qualified biologist to train all construction personnel.
During project construction the qualified monitoring biologist who is familiar with the identification and life history of California red-legged frog, California tiger salamander, and western pond turtle, and with the appropriate agency authorization, shall be designated to periodically inspect onsite compliance with all mitigation measures, consistent with the training sessions.
Inspection of onsite compliance shall be conducted by a qualified monitoring biologist.
The qualified monitoring biologist shall perform a daily survey of the San Francisquito Creek and its riparian corridor within 100 feet of the project site during initial ground-breaking activities and during the rainy season. During these surveys, the qualified monitoring biologist shall inspect the exclusion fencing for individuals trapped within the fence and determine the need for fence repair.After ground-breaking activities and during thenon-rainy season, the qualified monitoring biologist shall continue to perform daily fence surveys and compliance reviews at the project site.
Retain a qualified monitoring biologist to perform a daily survey of riparian corridors within 100 feet of the project site.
If a California red-legged frog or California tiger salamander is identified in the project work area, all work in the immediate area shall cease and theU.S. Fish and Wildlife Service shall be contacted. Work shall not begin again until so authorized by the U.S. Fish and Wildlife Service.
Halt all work in the immediate area if a special-status amphibian is identified and contact the U.S. Fish and Wildlife Service.
Mitigation Measure CUL-1: Site Specific Evaluations and Treatment in Accordance with the Secretary of the Interior’s Standards:
CULTURAL RESOURCES
Impact CUL-1: The proposed Specific Plan could have a significant impact on historic architectural resources. (Potentially Significant) A qualified architectural historian has completed a site-specific historic resources study. The existing structure has not been f d t b hi t i if t ti
Submitted by applicant. Prepared by Architecture + History, LLC D t d J l 11 Qualified architectural historian retained by the Project sponsor(s).
CDD
Resolution No. XXXX Page 44 of 47
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Site-Specific Evaluations: In order to adequately address the level of potential impacts for an individual project and thereby design appropriate mitigation measures, the City shall require project sponsors to complete sitespecific evaluations at the time that individual projects are proposed at or adjacent to buildings that are at least 50 years old.The project sponsor shall be required to complete a site-specific historic resources study performed by a qualified architectural historian meeting the Secretary of the Interior’s Standards for Architecture or Architectural History. At a minimum, the evaluation shall consist of a records search, an intensivelevel pedestrian field survey, an evaluation of significance using standard National Register Historic Preservation and California Register Historic Preservation evaluation criteria, and recordation of all identified historic buildings and structures on California Department of Parks and Recreation 523 Site Record forms. The evaluation shall describe the historic context and setting, methods used in the investigation, results of the evaluation, and recommendations for management of identified resources. If federal or state funds are involved, certain agencies, such as the Federal Highway Administration and California Department of Transportation (Caltrans), have specific requirements for inventory areas and documentation format.Treatment in Accordance with the Secretary of the Interior’s Standards. Any future proposed project in the Plan Area that would affect previously recorded historic resources, or those identified as a result of site-specific surveys and evaluations, shall conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995). The Standards require the preservation of character defining features which convey a building’s historical significance, and offers guidance about appropriate and compatible alterations to such structures.Mitigation Measure HAZ-3: All development and redevelopment shall require the use of construction Best Management Practices (BMPs) to control handling of hazardous materials during construction to minimize the potential negative effects from accidental release to groundwater and soils. For projects that disturb less than one acre, a list of BMPs to be implemented shall be part of building specifications and approved of by the City Building Department prior to issuance of a building permit.
Implement best management practices to reduce the release of hazardous materials during construction.
Prior to building permit issuance for sites disturbing less than one acre and on-going during construction for all project sites Project sponsor(s) and contractor(s)
CDD
NOISE
Specific Plan Impact NOI-1: Construction activities associated with implementation of the Specific Plan would result in substantial temporary or periodic increases in ambient noise
HAZARDOUS MATERIALS
Impact HAZ-3: Hazardous materials used on any individual site during construction activities (i.e., fuels, lubricants, solvents) could be released to the environment through improper handling or storage. (Potentially Significant) found to be historic, specify treating
conforming to Secretary of the Interior's standards, as applicable.
LLC. Dated July 11,
2009
Resolution No. XXXX Page 45 of 47
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Mitigation Measure NOI-1a: Construction contractors for subsequent development projects within the Specific Plan area shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acousticallyattenuating shields or shrouds, etc.) when within 400 feet of sensitive receptor locations. Prior to demolition, grading or building permit issuance, a construction noise control plan that identifies the best available noise control techniques to be implemented, shall be prepared by the construction contractor and submitted to the City for review and approval. The plan shall include, but not be limited to, the following noise control elements:* Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler shall achieve lower noise levels from the exhaust by approximately 10 dBA. External jackets on the tools themselves shall be used where feasible in order to achieve a reduction of 5 dBA. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible;* Stationary noise sources shall be located as far from adjacent receptors as possible and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible; and* When construction occurs near residents, affected parties within 400 feet of the construction area shall be notified of the construction schedule prior to demolition, grading or building permit issuance. Notices sent to residents shall include a project hotline where residents would be able to call and issue complaints. A Project Construction Complaint and Enforcement Manager shall be designated to receive complaints and notify the appropriate City staff of such complaints. Signs shall be posted at the construction site that include permitted construction days and hours, a day and evening contact number for the job site, and day and evening contact numbers, both for the construction contractor and City representative(s), in the event of problems.
Project sponsor(s) andcontractor(s)
A construction noise control plan shall be CDDprepared and submitted to the City for review.Implement noise control techniques to reduce ambient noise levels.
Prior to demolition, grading or building permit issuanceMeasures shown on plans, construction documents and specification and ongoing through construction Resolution No. XXXX Page 46 of 47
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Mitigation Measure NOI-1b: Noise ControlMeasures for Pile Driving: Should pile-driving benecessary for a subsequently proposed developmentproject, the project sponsor would require that theproject contractor predrill holes (if feasible based onsoils) for piles to the maximum feasible depth tominimize noise and vibration from pile driving. Shouldpile-driving be necessary for the proposed project, theproject sponsor would require that the constructioncontractor limit pile driving activity to result in the leastdisturbance to neighboring uses.
If pile-driving is necessaryfor project, predrill holesto minimize noise andvibration and limit activityto result in the leastdisturbance toneighboring uses.
Measures shown onplans, constructiondocuments andspecifications and ongoingduring construction Project sponsor(s) andcontractor(s)
CDD
Mitigation Measure NOI-1c: The City shall condition approval of projects near receptors sensitive to construction noise, such as residences and schools, such that, in the event of a justified complaint regarding construction noise, the City would have the ability to require changes in the construction control noise plan to address complaints.
Condition projects such that if justified complaints from adjacent sensitive receptors are received, City may require changes in construction noise control plan.
Condition shown on plans, construction documents and specifications. When justified complaint received by City.
Project sponsor(s) and contractor(s) for revisions to construction noisecontrol plan.
CDD
Resolution No. XXXX Page 47 of 47
Page I-2.54
City of Menlo Park
961 El Camino Real
Location Map
Scale: 1:4,000 Drawn By: FNK Checked By: KTP Date: 5/23/2023 Sheet: 1 B1 ATTACHMENT B Page I-2.55
Resolution No. 2023-XX
1 PLANNING COMMISSION RESOLUTION NO. 2023-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENLO PARK APPROVING (1) ARCHITECTURAL CONTROL
REVIEW FOR EXTERIOR AND INTERIOR MODIFICATIONS TO AN
EXISTING COMMERCIAL BUILDING AND LANDSCAPING (2) USE
PERMIT APPROVAL FOR LIVE ENTERTAINMENT, ONSITE
CONSUMPTION OF ALCOHOL AND OUTDOOR SEATING FOR A
PROPOSED RESTAURANT AT 961 EL CAMINO REAL
WHEREAS, the City of Menlo Park (“City”) received an application requesting architectural control review for exterior and interior modifications to an existing commercial building. The proposal also includes use permit requests for live entertainment, onsite consumption of alcohol and outdoor seating in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district (collectively, the “Project”) from Jaime D’Alessandro – Clockworks DHJ, LLC (“Applicant”), on behalf of the property owner Alexander Delly – 961 El Camino Real, LLC (“Owner”), located at 961 El Camino Real (APN 071-288-210) (“Property”). The Architectural Control and Use Permit are depicted in and subject to the development plans and project description letter which are attached hereto as Exhibit A and B incorporated herein by this reference; and
WHEREAS, the Property is located in the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district, and the El Camino Real South-West (SW) sub-district, which supports a variety of uses including restaurants, retail, residential, and business and professional offices; and
WHEREAS, the findings and conditions for the architectural control and use permit would ensure that all City requirements are applied consistently and correctly as part of the project’s implementation; and
WHEREAS, the proposed Project was reviewed by the Engineering Division and found to be in compliance with City standards; and
WHEREAS, the Applicant submitted an arborist report prepared by Urban Tree Management Inc., which was reviewed by the City Arborist and found to be in compliance with the Heritage Tree Ordinance and proposes mitigation measures to adequately protect heritage trees in the vicinity of the project; and
WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and
ATTACHMENT D Page I-2.56
Resolution No. 2023-XX
2 WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and WHEREAS, the Project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on April 10, 2023, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to taking action regarding the architectural control permit, and use permit.
NOW, THEREFORE, THE MENLO PARK PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS:
Section 1. Recitals. The Planning Commission has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the Planning Commission finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.
Section 2. Architectural Control Findings. The Planning Commission of the City of Menlo Park does hereby make the following Findings:
The approval of the architectural control for the modifications to the exterior of an existing building and modifications to the landscaping is granted based on the following findings which are made pursuant to Menlo Park Municipal Code Section 16.68.020:
1. That the general appearance of the structure is in keeping with the character of the neighborhood; in that, the project is designed in an eclectic architectural style consistent with the diverse aesthetic of the surrounding neighborhood. There would be no increase in Gross Floor Area (GFA) as part of the project.
2. That the development will not be detrimental to the harmonious and orderly growth of the city; in that the project which is a remodel project fits within the eclectic architectural styles seen in the area. The proposed project is designed in a manner that is consistent with all applicable requirements of the City of Menlo Park Municipal Code and the Specific Plan, and the Project land uses would represent a balanced project.
Page I-2.57
Resolution No. 2023-XX
3 3. That the development will not impair the desirability of investment or occupation in the neighborhood; in that, the Project consists of exterior and interior modifications consistent with the Municipal Code. The proposed materials and colors used for the front façade will be compatible with the appearance of the existing neighboring buildings. Therefore, the Project would not impair the desirability of investment or occupation in the neighborhood.
4. The development is subject to Assembly Bill 2097 (AB 2097), as such, it is not required to provide parking. AB 2097 prohibits the imposition of parking requirements on any residential, commercial or other development project located within half a mile of public transit. The development is located within half a mile from the Menlo Park Caltrain station. In this case, the City has determined AB 2097 applies because the development is within a half mile of the Menlo Park Caltrain station, and the development results in a change of use and substantial modifications. Therefore, no minimum parking requirements may be imposed.
5. That the project is consistent with applicable specific plan regulations and guidelines, in that, pursuant to Menlo Park Municipal Code Section 16.80.120, existing buildings approved in the El Camino Real/Downtown specific plan area prior to the adoption of the El Camino Real/Downtown specific plan, on June 12, 2012, shall be exempt from the development standards of El Camino Real/Downtown specific plan, and may undergo interior and/or exterior improvements to the existing building if there is no increase in the gross floor area. The proposal includes removing GFA along the left side of the building and enclosing a recessed area along the front of the building, which is permitted as this would reconfigure but not increase the GFA of the existing building.
Section 3. Conditional Use Permit Findings. The Planning Commission of the City of Menlo Park does hereby make the following Findings:
The approval of the use permit to allow live entertainment, onsite consumption of alcohol and outdoor dining is granted based on the following findings which are made pursuant to Menlo Park Municipal Code Section 16.82.030:
1. That the establishment, maintenance, or operation of the use applied for will, under the circumstance of the particular case, not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city because:
a. Consideration and due regard were given to the nature and condition of all adjacent uses and structures, and to general plans for the area in question and surrounding areas, and impact of the application hereon; in that, the proposed use permit is consistent with the El Camino Real/Downtown Specific Plan (SP-ECR/D) zoning district, and the El Camino Real SouthWest (SW) sub-district and the General Plan because live entertainment, onsite consumption of alcohol and outdoor seating with granting of a use permit is permitted.
Page I-2.58
Resolution No. 2023-XX
4 b. The proposed Project is designed to meet all the applicable codes and ordinances of the City of Menlo Park Municipal Code, and the Commission concludes that the Project would not be detrimental to the health, safety, and welfare of the surrounding community as the sale of alcohol would require permitting from the State ABC to ensure compliance with all applicable ABC requirements and has been reviewed by the City’s Police Department. Live entertainment between the hours of 11 pm and 2 am would be reviewed again by the Planning Commission, one year after occupancy, if trend lines in the community show that the use may be responsible for disturbances between 11 pm and 2 am, pursuant to conditions of approval (Exhibit C), and outdoor seating would be limited to eight tables. The proposal is consistent with the surrounding area, including the adjacent Guild theater and nearby restaurants that sell alcohol for on-site consumption. The limitation of eight tables for outdoor seating would reduce the likelihood of noise or other disturbances to nearby residences, and if one year after occupancy trend lines indicate disturbances may be caused by live entertainment at the project site between the hours of 11 pm and 2 am, live entertainment between those hours would again be reviewed by the Planning Commission. Additionally, the project would be subject to the City’s noise ordinance.
c. The proposed on-site sale of alcohol would serve a public convenience, because the proposed use would allow new and existing residents (including those of the newly constructed developments at 500 El Camino Real and 1300 E Camino Real, visitors and employees of the immediate vicinity a convenient location to dine and purchase alcohol for on-site consumption.
Section 4. Architectural Control Permit, and Conditional Use Permit. The Planning Commission hereby approves the Architectural Control Permit and Use Permit PLN2022- 00041, which Architectural Control and Use Permit are depicted in and subject to the development plans and project description letter, which are attached hereto and incorporated herein by this reference as Exhibit A and Exhibit B, respectively. The Architectural Control and Use Permit are conditioned in conformance with the conditions attached hereto and incorporated herein by this reference as Exhibit C.
Section 5. ENVIRONMENTAL REVIEW. The Planning Commission makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:
A. The Project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines.
Section 6. 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 Page I-2.59
Resolution No. 2023-XX
5 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, Corinna Sandmeier, Principal Planner and Planning Commission Liaison of the City of Menlo Park, do hereby certify that the above and foregoing Planning Commission Resolution was duly and regularly passed and adopted at a meeting by said Planning Commission on April 10, 2023, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this 10th day of April, 2023
______________________________
Corinna Sandmeier
Principal Planner and Planning Commission Liaison
City of Menlo Park
Exhibits
A. Project Plans
B. Project Description Letter
C. Conditions of Approval
D. Specific Plan Standards and Guidelines Worksheet
Page I-2.60
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Planning Commission
REGULAR MEETING DRAFT MINUTES
Date: 04/10/2023
Time: 7:00 p.m.
Location: Zoom.us/join – ID# 862 5880 9056 and
Council Chambers
751 Laurel St., Menlo Park, CA 94025
A. Call To Order
Acting Chair Cynthia Harris called the meeting to order at 7:00 p.m.
B. Roll Call
Present: Cynthia Harris (Acting Chair), Andrew Barnes, Henry Riggs, Michele Tate
Absent: Linh Dan Do, Jennifer Schindler
Staff: David Hogan, Contract Planner; Fahteen Khan, Associate Planner; Kyle Perata, Planning Manager; Matt Pruter, Associate Planner; Corinna Sandmeier, Principal Planner; Ed Shaffer, Assistant City Attorney; Mariam Sleiman, City Attorney’s Office C. Reports and Announcements
None
D. Public Comment
• Gita Dev spoke on behalf of the Sierra Club Loma Prieta chapter to share that they hosted a webinar recently entitled “Planning for Life Sciences for Bay Area Cities” and that they wanted to provide more information about different levels of laboratories to the city as Menlo Park had designated a life sciences zoning district adjacent to the Facebook mixed use area.
E. Consent Calendar
E1. Approval of minutes from the December 12, 2022, Planning Commission meeting. (Attachment) E2. Approval of minutes from the January 9, 2023, Planning Commission meeting. (Attachment) Acting Chair Harris noted a typo on page 14 under item F5 in the January 9 minutes “Planner Turned,” noting it was “Planner Turner.”
ACTION: Motion and second (Riggs/Barnes) to approve the Consent Calendar consisting of the minutes from the December 12 and January 9 Planning Commission meetings with the typographical error to be corrected as noted for the January 9 minutes; passes 3-0-1-2 with Commissioner Tate abstaining and Commissioners Do and Schindler absent.
ATTACHMENT E Page I-2.61
Planning Commission Regular Meeting Draft Minutes
April 10, 2023
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov F. Public Hearing
F1. Architectural Control and Use Permit/Jamie D’Alessandro/961 El Camino Real:
Consider and adopt a resolution to approve an architectural control for exterior and interior modifications to an existing commercial building to remove a door and window, reconfigure gross floor area to close off an existing recessed area, add a window to the front facade and create a new entry to the side of the building, in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district. The gross floor area of the building would not increase as part of the project. Additionally, the proposal includes modifications to the landscaping including a new deck and trellis. The request also includes. As part of the review, the Planning Commission will need to determine whether the sale of alcohol at a use permit for a live entertainment, on-site consumption of alcohol and outdoor seating for the proposed restaurant use; determine this action is categorically exempt under CEQA Guidelines Section 15301’s Class 1 exemption for existing facilities this location serves a public convenience or necessity, in accordance with the requirements of the State Department of Alcoholic Beverage Control (ABC). (Staff Report #23-025-PC)
Associate Planner Fahteen Khan noted correspondence received from both the property owner and applicant after publication of the staff report.
Jaime D’Alessandro, applicant, and Chris Wasney, project architect, spoke on behalf of the project.
Acting Chair Harris opened the public hearing and closed it as no persons requested to speak.
The Commission discussed the site circulation, potential electrification uses rather than gas, solar installation, and the area and hours proposed for entertainment. Ensuing discussion highlighted addressing noise and safety concerns with the intent that noise complaints were not unfairly assigned unilaterally to the subject property in recognition of the existing nightlife in the area with a note that noise disturbance prevention from entertainment be applied equitably citywide.
ACTION: Motion and second (Barnes/Riggs) to adopt a resolution to approve an architectural control for exterior and interior modifications to an existing commercial building to remove a door and window, reconfigure gross floor area to close off an existing recessed area, add a window to the front facade and create a new entry to the side of the building in the SP-ECR/D (El Camino Real/Downtown Specific Plan) zoning district, a use permit for a live entertainment, on-site consumption of alcohol and outdoor seating for the proposed restaurant use, and determine this action is categorically exempt under CEQA Guidelines Section 15301’s Class 1 exemption for existing facilities with the following added condition; passes 4-0 with Commissioners Do and Schindler absent.
Add Condition 2b: Twelve months after occupancy, staff shall review complaints within the community. If, depending on trend lines in the community, staff believes this establishment may be responsible for disturbances between 11 p.m. to 2 a.m., the live entertainment use between the hours of 11 p.m. and 2 a.m. shall be scheduled for review by the Planning Commission. The Commission’s review would be limited to live entertainment use between the hours of 11 p.m. and 2 a.m.
Page I-2.62
1 Herren, Judi A
From: Nash, Betsy
Sent: Tuesday, April 25, 2023 5:00 PM
To: Herren, Judi A
Cc: Doherty, Nira F; Murphy, Justin I C
Subject: notice of call-up - 961 El Camino Real
Categories: Follow Up
Hi Judi,
I am calling up the Clockworks project at 961 El Camino Real pursuant to Menlo Park Municipal Code 16.86.025. I have concerns about the Planning Commission decision to approve live entertainment and alcoholic beverage service until 2a.m. rather than 11p.m. as staff recommended. I wish to understand the basis for this decision, and related implementation issues. I also wish to evaluate implications to the neighboring properties and the city at large. After considering these issues I may withdraw my request.
Betsy
Betsy Nash
City Councilmember
City Hall - 2nd Floor
701 Laurel St.
tel 650-380-3986
menlopark.gov
*Note our emails have changed to @menlopark.gov
ATTACHMENT F Page I-2.63
1 Sandmeier, Corinna D
From: Ingrid K >
Sent: Wednesday, May 17, 2023 1:07 PM
To: _Planning Commission
Subject: Clockworks Restaurant
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
I support the new restaurant Clockworks Restaurant
Ingrid Katz
ATTACHMENT G Page I-2.64
1 Sandmeier, Corinna D
From: Elizabeth Lambird Youngblood < >
Sent: Wednesday, May 17, 2023 3:11 PM
To: _Planning Commission
Subject: Support -- Clockworks Restaurant
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
A fun new place to eat and drink in Menlo Park?? Heck, yes, please! What are we waiting for? Support all of it, please!
Thanks
Elizabeth Y
Marmona Drive
The Willows
Page I-2.65
May 16, 2023
Dear Fahteen Khan, Dear Menlo Park City Council:
Thank you for inviting public comment on the permit for 961 El Camino Real. As a Menlo Park resident, I see that a new local restaurant could be very convenient for the community; however, I am concerned about the potential noise impact on nearby residents of outdoor seating until 2 a.m. at this proposed restaurant site. Latenight/early-morning outdoor seating at this proposed restaurant site could potentially create noise that disturbs the peace for nearby residents who might be sleeping, studying, working from home, and/or relaxing at that time.
Late-night/early-morning outdoor gatherings until 2 a.m. are not typical in this local residential area; on the contrary, both private and public regulations often restrict these types of gatherings.
In many multi-family residential buildings that I have lived in in this area, private regulations (usually included as an addendum to the lease) generally state that quiet hours start sometime between 8 and 10 p.m. and that outdoor common areas where the community can gather are closed starting sometime between 8 and 10 p.m. as well. In other words, based on my experience as a renter, private landlords and private management companies at multi-family residences in this area generally close outdoor seating areas starting sometime between 8 and 10 p.m. in order to safeguard residents’ right to quiet enjoyment of a peaceful night.
In the public domain, two nearby city parks close to residential areas—Burgess Park and Nealon Park—include outdoor seating areas, yet have signs indicating that the park closes a half-hour after dusk. So the city of Menlo Park effectively closes outdoor seating areas in these parks several hours before midnight—and long before the 2 a.m. proposed stop time of outdoor seating at 961 El Camino Real.
In order to safeguard nearby residents’ right to quiet enjoyment of their home at night, I respectfully request that the City Council negotiate with the owner of 961 El Camino Real for an earlier stop time to outdoor seating use, ideally by 10 p.m.
Thank you for your consideration.
Sincerely,
Galaxy Starborn
Page I-2.66
From: Khan, Fahteen N
To: "Katie Behroozi"; Louch, Hugh
Cc: Chen, Kevin; Perata, Kyle T; Sandmeier, Corinna D
Subject: RE: Yikes – Guild + Clockworks circulation needs more thought Date: Wednesday, May 10, 2023 12:53:00 PM
Attachments: image001.png
Thank you Katie for your email. The project at 961 El Camino Real has been called-up for review to be heard by the City Council on May 23rd. We will assume to include your email as part of the staff report, unless told otherwise.
As you have noted in your email, the project falls under Assembly Bill (AB) 2097, thus parking is not part of the project’s evaluation due to State Law, and State Law preempts City’s parking requirements.
Regards,
Fahteen
From: Katie Behroozi <[email protected]>
Sent: Tuesday, May 9, 2023 5:45 PM
To: Louch, Hugh <[email protected]>
Cc: Chen, Kevin <[email protected]>; Khan, Fahteen N <[email protected]> Subject: Re: Yikes – Guild + Clockworks circulation needs more thought CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
Thanks so much for the quick response.
I realized after looking through the staff report to planning that this project falls under the auspices of SB2097. I'm guessing as downtown properties get redeveloped we will see more people using this provision. Great!
But if we're hoping to induce less driving through requiring less parking, we probably need to revisit our city ordinances around bike parking and bike and ped facilities, especially in the DSP area.
Santa Cruz seems to be working on
this: https://www.cityofsantacruz.com/Home/Components/Topic/Topic/12024/3916? alpha=K&sortn=EDate&toggle=allpast
http://www.cyclelicio.us/tag/california/
We should, too.
On Tue, May 9, 2023 at 4:59 PM Louch, Hugh <[email protected]> wrote:
Hi Katie,
Page I-2.67
Thanks for your email. I’ve moved all of the original folks on your email to bcc on this response as we need to be careful about communications among multiple Complete Streets Commission members outside of a meeting or an existing subcommittee.
I am also cc’ing the planner working on the proposed development project so that your comment is captured.
Transportation staff will review the development as it relates to circulation, but that process is led by our planning staff.
I also want to acknowledge your previous request for bike racks near the Guild. We’ve received a few bike rack requests over the last year or so and are trying to get to those as we can. It does make sense to provide secure bike parking near the Guild.
Thanks,
Hugh
Hugh Louch
Assistant Public Works Director - Transportation
City Hall - 1st Floor
701 Laurel St.
tel 650-330-6741
menlopark.gov
*Note our emails have changed to @menlopark.gov
From: Katie Behroozi
Sent: Tuesday, May 9, 2023 4:09 PM
To: Chen, Kevin <[email protected]>; Louch, Hugh <[email protected]> Cc: Cole, Sally <[email protected]>; Cynthia Harris <[email protected]>; Jacqui Cebrian <[email protected]>; Betsy Nash <[email protected]> Subject: Yikes – Guild + Clockworks circulation needs more thought CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
Hi Kevin and Hugh,
First, THANK YOU for all the amazing work your team has been doing around town. I'm seeing a ton of community outreach AND projects getting done and it's giving me hope.
I also love the fact that we're converting underutilized retail into new entertainment spaces Page I-2.68
and think the Guild is an amazing anchor asset. Yay!
That said, I'm concerned about the fact that we're going to be adding another dining/entertainment venue next door to the Guild (as presented to Planning back on April 10) without adequately planning for multi-modal circulation (or even addressing existing circulation deficits in that immediate area.)
We missed that step with the Guild – see Jen's email from 2018. I don't remember that project coming to Complete Streets before it got fast-tracked through Planning and Council.
I do think we would have pushed back on the introduction of a loading/bus parking zone in a location where both city + Caltrans had plans for bike lanes – given the amount of resources being poured into that venue, they surely could have figured out a rear access point for tour buses to unload, as well as bike parking (how are we not requiring bike parking for these kinds of venues?)
On the Guild's own website, they suggest that residents avoid driving if at all possible and consider walking or biking. There isn't much nearby on-street parking, so folks who plan to drive to either venue will need to walk at least a block.
For the typical Guild patron living w/in a 3-mile radius (which basically covers Menlo Park and most of Atherton) it *should* be a no-brainer to bike there. And yet...when I biked to the Guild, I ended up locking my bike to a tree because other nearby locations were taken. I also biked on the sidewalk to get there because riding on that segment of El Camino at night is super sketchy.
Please, let's not double down on our original oversight. The owners of the Guild and the adjacent planned restaurant could and should get creative about both bus AND bike parking to support better local access to their venues. (I'll also point out that the drinks at the Guild are stiff and while I'd never encourage biking under the influence, I'd rather see people biking and walking home than driving.)
In summary:
1) Near-term, let's fix bike access/parking, even if it means asking the developers to be creative/flexible about loading zones (e.g. creating a shared loading zone behind the Guild). 2) Given all the potential changes we're considering in and around downtown (new housing and retail zones opening up, additional redevelopment encouraged through zoning changes in the HE update, a bike/ped undercrossing at Middle, as well as the new Middle Avenue bike facilities), I think it would be good to revisit our old 2015 El Camino Corridor study, check in with neighboring cities and Caltrans, and see what's possible for safe/comfortable bike access along El Camino (especially between residential areas and our retail district).
Thanks so much.
Katie
--
Katie Behroozi
650.804.1812 (cell)
Page I-2.69
--
Katie Behroozi
650.804.1812 (cell)
Page I-2.70
From: Kristen L
To: Khan, Fahteen N
Cc: Perata, Kyle T; Sandmeier, Corinna D
Subject: Re: 961 El Camino permit for late night noise
Date: Monday, May 15, 2023 8:13:29 PM
Attachments: CMP_Email_Logo_100dpi_05d92d5b-e8e3-498f-93a6-d0da509bd602111111111.png CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
And please do send me the agenda. Thank you so much for your help!! On Mon, May 15, 2023 at 7:57 PM Kristen L wrote:
Hello! Thank you for your reply. Please include all emails. I don’t mind being redundant. I shouldn't have to call the police to report when the new establishment breaks the noise ordinance. Those rules are notoriously difficult to enforce. Like I said, I teach kindergarten and it’s not fair for the new establishment to
And would the indoor entertainment be behind closed doors and windows with soundproofing like the Guild? The Guild has shown me that entertainment can be quiet for neighbors. If the new establishment will be entirely self contained and as quiet as the Guild and silent after 10pm, I give it my blessing. But the outdoor component and possibility of noise pollution after 10pm are absolutely untenable. I moved into a quiet neighborhood and expect to be allowed to continue to live in one. I understand that the establishment is concerned about running a viable business but so are my property owners. If there is new noise behind our building, it will eat into my property owners’ ability to run their business.
Thank you for your help.
Kristen
On Mon, May 15, 2023 at 5:35 PM Khan, Fahteen N <[email protected]> wrote:
Hi Kristen,
I am responding to your email as the project planner for the project. For the proposed project the live entertainment will be unamplified and indoors. The City has a noise ordinance under municipal code section 8.06, which they will need to abide by. The City Council will be reviewing the project and may consider modifications to the Planning Commission’s action that could include additional conditions/modifications.
The agenda for the May 23rd City Council will be published at the end of the week which I can email you a link to. You are welcome to join the meeting in-person or zoom (instructions will be on the agenda) to voice your concerns. Would you like to consolidate your emails into one (letter or email) so that I may attach it to the staff report as neighbor correspondence, or would you rather have both emails included? Page I-2.71
Regards,
Fahteen
Fahteen N. Khan
Associate Planner
City Hall - 1st Floor
701 Laurel St
tel 650-330-6739
menlopark.gov
*Note our emails have changed to @menlopark.gov
From: Kristen L
Sent: Sunday, May 14, 2023 1:12 PM
To: Perata, Kyle T <[email protected]>
Subject: Re: 961 El Camino permit for late night noise
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
Hello!!
Is there anything that I can do to prevent this permit from being issued? Or is it a question of meeting some criteria and then it gets issued? Are there noise thresholds that are allowed and not? I live behind the Guild. They’ve done a great job of staying quiet for neighbors. I teach kindergarten and need a peaceful home to recover from chaotic days and to be able to get sleep so I’m not cranky when I go in to work. I moved in to a peaceful neighborhood and I’d like to continue living in one. If they have late night entertainment and consumption indoors with good sound insulation, great! Or outdoor noise until 10, just fine! After 10, ends badly for my 5-6 year old students who don’t deserve that.
Thank you for your advice!
Page I-2.72
Kristen
On Thu, May 11, 2023 at 2:36 PM Khan, Fahteen N <[email protected]> wrote:
Good Afternoon Kristen,
Thank you for your email. We will be attaching your correspondence to the City Council staff report for the project for the May 23rd meeting, unless told otherwise. 961 El Camino Real is a call-up item to discuss the Planning Commission’s decision on the project, which will be discussed by Council members. You are welcome to attend the meeting, whether in-person or via zoom.
Regards,
Fahteen
Fahteen N. Khan
Associate Planner
City Hall - 1st Floor
701 Laurel St
tel 650-330-6739
menlopark.gov
*Note our emails have changed to @menlopark.gov
From: Kristen L
Sent: Wednesday, May 10, 2023 7:36 PM
To: Khan, Fahteen N <[email protected]>; Betsy Nash
Subject: 961 El Camino
Page I-2.73
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
Hello!! I just got the notice that City Council is considering approving live entertainment, serving alcohol, and outdoor seating until 2am at 961 El Camino. I find this very concerning. I live at 650 Live Oak, which was very quiet when I moved in and is now mostly quiet because the Guild has good sound proofing and is considerate of neighbors. We only have patrons walking by to their cars and they've been quiet.
If 961 has live music and people outside until 2am, they will be right outside of of many of the apartments at my mini-complex. I spend my days teaching rowdy kindergarteners and I need my home to be a quiet sanctuary. Even with double paned glass, I still get occasional Guild noise. If there are people in the back of 961 chatting, drinking and enjoying live entertainment, the volume will be much louder and much later, barging into the time when my neighbors and I need to sleep so that we can do our jobs. If a kindergarten teacher doesn't get enough sleep because the neighbors were noisy, it can be detrimental to her 32 students. Yes, 32.
I moved to a home where the only consistent loud noise is the train that I've listened to since I was a child. How can I help make sure that my home remains a peaceful oasis?
Thank you so much for your help!!
Kristen Leep
Page I-2.74
From: Nash, Betsy
To: Murphy, Justin I C; Chow, Deanna M
Subject: FW: 961 El Camino
Date: Friday, May 19, 2023 11:23:13 AM
Attachments: CMP_Email_Logo_100dpi_05d92d5b-e8e3-498f-93a6-d0da509bd602111111111.png Here’s a resident’s letter and followup to be included in the public record, please.
Betsy Nash
City Councilmember
City Hall - 2nd Floor
701 Laurel St.
tel 650-380-3986
menlopark.gov
*Note our emails have changed to @menlopark.gov
From: arlene gonsalves
Date: Thursday, May 18, 2023 at 5:13 PM
To: "Nash, Betsy" <[email protected]>
Subject: Re: 961 El Camino
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
Thank you Betsy.
Yes, you may share my concerns. Another concern I did not mention is the safety issue. Serving liquor until 2:00 am may cause problems. The police may have to get involved.
We need to study this further.
Thank you, Betsy for responding to my email.
Arlene Gonsalves
From: arlene gonsalves
Date: Wednesday, May 17, 2023 at 11:57 AM
To: "Nash, Betsy" <[email protected]>
Subject: 961 El Camino
CAUTION: This email originated from outside of the organization. Unless you recognize the sender's email address and know the content is safe, DO NOT click links, open attachments or reply.
Betsy:
Page I-2.75
I am a resident at 650 Live Oak and I am concerned about the proposed business at 961 El Camino. We live in a quiet apartment complex and the thought of a restaurant serving liquor inside and outside until 2:00am is not acceptable. Please consider the noise, parking and congestion the restaurant will bring to the area.
Not acceptable.
Arlene Gonsslves
Sent from my iPhone
Page I-2.76
145477332.4
LEIGH F. PRINCE
Direct No: 704.384.2617
Email: [email protected]
101 N. Tryon Street
Suite 1300
Charlotte, NC 28246
Tel 704.384.2600 Fax 704.384.2800
www.foxrothschild.com
345 California Street, Suite 2200
San Francisco, CA 94104-2670
Tel 415.364.5540 Fax 415.391.4436
www.foxrothschild.com
May 8, 2023
VIA EMAIL: [email protected]
Fahteen Khan
City of Menlo Park
701 Laurel St.
Menlo Park, CA 94025
Re: Clockworks Restaurant 961 El Camino Real
Dear Ms. Kahn:
On April 10, 2023, the City of Menlo Park Planning Commission unanimously approved a project that would allow a restaurant at 961 El Camino Real (Clockworks) adjacent to the Guild Theater. The following provides a summary of the Planning Commission meeting and action:
1. Architectural Control. Planning Commission approved exterior and interior modifications to the existing building. Staff supported the modifications. There was no public comment. The changes were positively received by the Planning Commission.
2. Use Permit. The Planning Commission approved the use permit to allow live entertainment until 2 a.m. subject to a one-year check-in, on-site consumption of alcohol until 2 a.m. and outdoor seating. It should be noted that the hours of restaurant operation are not part of the use permit as restaurants are permitted to operate until 2 a.m. without a permit pursuant to Menlo Park Municipal Code Section 8.12.020. Although the staff report recommended that live entertainment cease at 11 p.m. it was only for consistency with the Guild, and was without specific concerns about noise or public safety. Neighbors were noticed, however, there was no public comment in opposition to the proposed hours of liquor service and/or live entertainment and no neighbor expressed concern about noise. After ATTACHMENT I Page I-2.77
2 145477332.4
a thoughtful discussion, the Planning Commission determined live entertainment (and alcohol service) was:
• Appropriate until 2 a.m.
• Appropriate at this location on El Camino Real.
• Appropriate as it was limited to indoor unamplified entertainment. • Appropriate to compliment the Guild as people could patronize the restaurant before or after a show.
• Appropriate to enliven downtown in accordance with the Downtown Specific Plan.
The only potential noise concern raised by staff was regarding live entertainment was the possibility of noise related to the loading of equipment. The amount of equipment to load would be limited and small consistent with the unamplified nature of the entertainment.
Any noise would also be similar to any closing activities that would take place at the end of permitted restaurant operating hours that extend until 2 a.m. Nevertheless, to alleviate any concerns, the Planning Commission included a condition of approval requiring a oneyear review related to the hours permitted for live entertainment. One year after the restaurant begins operating staff would conduct a review to determine if there were any complaints about this location after 2 a.m. If there were complaints, staff would bring the item to the Planning Commission, which could then modify hours of live entertainment if appropriate.
Despite unanimous support from the Planning Commission and no concerns (noise or otherwise) being raised by the community, including residents within the notice radius, a member of the City Council has exercised her right to call-up the Planning Commission decision for review pursuant to Municipal Code Section 16.86.025. The call-up indicated that the Councilmember had concerns about the Planning Commission decision to approve live entertainment and alcoholic beverage service until 2 a.m. The call-up indicated a wish to evaluate implications to neighboring properties and to the city at large.
Based on the concerns identified by the Councilmember in her call-up, the Council discussion should be limited. The call-up did not indicate that the appeal related to the architectural control approval. Therefore, this portion of the Planning Commission approval should not be re-opened. The call-up did not indicate that the appeal related to the on-site consumption of alcohol generally or the outdoor seating; therefore, these portions of the Planning Commission approval should also not be re-opened. If the City Council desires to consider hours for alcoholic beverage service or live entertainment across the city that cannot be done on this appeal; it would be a separate discussion and separate legislative action. Therefore, considerations related to the city at large should also not be a part of the Council discussion regarding this project.
Page I-2.78
3 145477332.4
Although on appeal, the Council could modify the hours of alcoholic beverage service and/or live entertainment, there does not appear to be a rational basis to do so. As noted above, restaurant operating hours until 2 a.m. are permitted. The Planning Commission voted unanimously to approve the alcoholic beverage service and live entertainment until 2 a.m. and found that such hours would be appropriate, complimentary to the Guild and in keeping with the goal of the Downtown Specific Plan to enliven the downtown core.
No neighbor or any member of the public spoke; no concerns about alcoholic beverage service or noise were expressed by the community. The only potential concern raised for consideration regarding the hours was the potential for noise at closing. The loading of equipment at the end of live entertainment would be limited and similar to other closing activities that would take place at the end of permitted restaurant operating hours that extend until 2 a.m. The same is true with regard to potential noise from patrons leaving the restaurant.
As noted above, to alleviate any concerns, the Planning Commission thoughtfully included a condition of approval requiring a one-year review related to the hours permitted for live entertainment. Therefore, any potential concerns of the Council regarding noise from live entertainment are adequately addressed in the current approval and there is no need to modify the decision for which there was unanimous Planning Commission support and no concern expressed by the public.
In addition to the check-in condition, the Municipal Code provides a mechanism to address any noise impacts to the community. Municipal Code Section 8.06.020(12) defines a noise disturbance as any source of sound which exceeds the limitations in the code and provides examples including but not limited to amplified music, loudspeakers, stereos, musical instruments and concerts. The examples suggest the concern is more about the music itself, not the loading of equipment. Again, the concern was not about the noise from the music as that was limited and small on the inside of the building.
To violate the nighttime noise limitation the source of sound would need to be 50 dBA at the residential property. While there are residents downtown, sound attenuates with distance and because of intervening structures. Therefore, noise exceeding 50 dBA is not anticipated. Furthermore, if noise from 2 a.m. restaurant closing activities, including patrons leaving, was anticipated to cause noise in violation of the ordinance it would have been identified in the Downtown Specific Plan Environmental Impact Report and it was not. Nevertheless, if noise does exceed the limitation, there are provisions to address violations in Municipal Code Section 8.06.090.
Between the City’s Noise Ordinance and the one-year check-in condition, any concerns about noise would be more than adequately addressed. Therefore, on behalf of the applicant, I respectfully request that the decision of the Planning Commission be affirmed in its entirety.
Page I-2.79
4 145477332.4
Sincerely,
Leigh F. Prince
cc: Jamie D’Alessandro, [email protected]
Lisa Ring, [email protected]
Justin Murphy, [email protected]
Corinna Sandmeier, [email protected]
Nira Doherty, [email protected]
Page I-2.80
Community Development
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov
STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-125-CC
Public Hearing: Consider the Planning Commission’s
recommendation to approve a request for a revision
to an existing planned development permit to
reduce the minimum required lot size, reduce the
number of required onsite parking spaces from 360
to 315 spaces and modify percentage based
development standards (e.g., building coverage and
floor area ratio) associated with the reduction in site area
Recommendation
Staff recommends that the City Council consider the Planning Commission’s recommendation to approve revisions to the Menlo Station Planned Development Permit (PDP). The revisions would reduce the lot size, reduce the number of required onsite parking spaces from 360 to 315 spaces, and modify percentage based development standards (e.g., building coverage and floor area ratio) based on the reduced lot size to allow for the future purchase of a portion of the existing site, currently used for parking, by the City of Menlo Park for the Middle Avenue Caltrain crossing project. The revision to the PDP would not result in any increase in gross floor area, or any modifications to the existing buildings on the project site. The site is located in the ECR/D-SP (El Camino Real/Downtown Specific Plan) zoning district. The draft City Council resolution on the proposed revisions to the PDP is included in Attachment A. The revised draft PDP is included as Exhibit A within Attachment A.
Policy Issues
Each PDP request is considered individually. Revisions to the PDP require a recommendation from the Planning Commission to the City Council for revisions that involve changes to land uses, expansion or intensification of development, or a relaxation in the standards of development. The City Council should review the Planning Commission’s recommendation and make a decision on whether to approve the proposed revisions.
Background
Site location and history
Using El Camino Real in the north-south orientation, the project site is located at the eastern side of El Camino Real, near the intersection of Ravenswood and El Camino Real, at 700-800 El Camino Real. The surrounding parcels are all part of the SP-ECR/D zoning district. The project site is located to the west of the Caltrain rail corridor. A location map is included as Attachment B.
The project site is approximately 5.9-acres in size, which was developed in the mid-1980s through a PDP (Attachment C). The purpose for the PDP was to consolidate smaller parcels into larger parcels to provide benefits to the City which otherwise could not have been obtained, this included specific development AGENDA ITEM I-3 Page I-3.1
Staff Report #: 23-125-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov controls to develop more usable open space, efficient use of land, utilities and circulation systems, to develop creative and integrated design and to allow for mixed use developments consistent with the density and intensity requirements of the preexisting zoning designation.
The project site includes an approximately 56,424 square foot one-story commercial/retail building, and a 45,408 square foot four-story office building. The project plans are included as Attachment D.
Middle Avenue Caltrain Crossing project
The City is in the design phase for the Middle Avenue Caltrain crossing project. The project would provide a grade separated crossing through the Caltrain right-of-way, from El Camino Real to Alma Street at Middle Avenue to create a pedestrian and bicycle connection between east and west Menlo Park. The crossing project was identified in the El Camino Real and Downtown Specific Plan, Transportation Master Plan, and has since been identified as a City Council goal and priority related to safe streets. On Aug. 27, 2019, the City Council unanimously selected its preferred concept for the proposed pedestrian and bicycle undercrossing. The preferred concept for the Middle Avenue Caltrain crossing project requires the City to purchase a portion of 700-800 El Camino Real project site, which the City Council authorized in January 2022.
Planning Commission review and recommendation
At its meeting May 1, the Planning Commission reviewed the proposed revisions to the PDP and voted unanimously to recommend approval of the proposed revisions to the City Council. The Planning Commission staff report is included as Attachment E and provides more details on the proposed revisions to the PDP. The Planning Commission Resolution recommending the City Council approve the PDP revisions is included as Attachment F.
Analysis
As stated previously, the Middle Avenue Caltrain crossing project would require the City to purchase a portion of the 700-800 El Camino Real project site, currently used for parking. The area proposed for acquisition is approximately 17,000 square feet in size. Attachment G highlights the area of acquisition in more detail. The purchase would require a revision to the existing PDP to reduce the required minimum lot size and parking, and modify percentage based development standards (e.g., building coverage and floor area ratio) based on the reduced lot size. The revision to the PDP would not result in any increase in gross floor area, or any modifications to the existing buildings on the project site. The acquisition would reduce the overall lot size from approximately 5.9 to approximately 5.5 acres, which in turn would increase the allowable building coverage and floor area ratio. However, there would be no change to the existing gross floor area or design parameters, as the existing commercial/retail and office buildings are proposed to be retained without any modifications as part of the PDP revision.
Table 1 below shows the proposed revisions to the PDP, including modification of the percentage based development standards.
Page I-3.2
Staff Report #: 23-125-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 1: Modifications to development standards
Development standards Proposed Existing/PDP
standard
Lot size 239,777 SF 257,260 SF
Gross floor area (700 + 800 ECR) 101,832 SF 101,832 SF
Floor area ratio 42.5% 39.6%
Building coverage (percentage) 27.6% 25.6 %
Building coverage (square feet) 66,216 66,216
Parking spaces 315 353*
*The property was originally approved with 360 parking spaces, which over the years were reduced to 353 spaces due to installation of accessible parking spaces and trash enclosures.
On May 1, the Planning Commission adopted a resolution (Attachment F) recommending the City Council approve the revisions.
Parking reduction
The purchase of this portion of the site would result in a reduction of 38 parking spaces. City staff conducted a parking utilization study of the project site in September and October 2019 that revealed an occupancy rate for the entire property between 22% and 47%. The proposed 315 parking spaces to remain would provide capacity beyond the observed utilization rates. Staff believes that the parking reduction would not negatively impact the operations of the project site given the observed parking utilization rates.
Correspondence
Staff has not received any items of correspondence on the proposed project.
Conclusion
The proposed revisions would not increase the gross floor area of the existing building, modify the existing buildings, or change the permitted uses on the project site. The reduction in parking would not result in any parking issues at the project site given the current utilization rate surveyed by the City staff. Additionally, the PDP revision would allow for the City to purchase a portion of the existing site for the Middle Avenue Crossing project. The proposed undercrossing would help improve bicycle and pedestrian connectivity for neighborhoods and schools on both sides of the Caltrain tracks and improve access to downtown Menlo Park. It would support the City’s goal to complete the Middle Avenue Caltrain crossing project. Staff recommends that the City Council consider the Planning Commission’s recommendation and adopt a resolution to approve the revisions to the PDP.
Impact on City Resources
As the applicant, the City is responsible for covering the cost for Planning Staff time to review the proposed project. Planning Staff time will be accommodated through the General Fund.
Environmental Review
The proposed project is categorically exempt under three California Environmental Quality Act (CEQA) exemptions - Class 1 (Section 15301, “Existing Facilities”) Class 5 (Section 15305, “Minor Alterations in Land Use Limitations”) and “Common Sense Exemption,” Section 15601(b)(3) of the current California Environmental Quality Act (CEQA) Guidelines, and as such, no additional environmental analysis is required.
Page I-3.3
Staff Report #: 23-125-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within a 300-foot radius of the subject property.
Attachments
A. Draft resolution to approve revised PDP
Exhibits to Attachment A:
A. Revised PDP
B. Location map
C. PDP (1980)
D. Project plans
E. Hyperlink – Planning Commission staff report from May 1:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/planning-commission/2023- meetings/agendas/20230501-planning-commission-agenda-packet.pdf#page=136 F. Planning Commission Resolution No. 2023-20
G. 700-800 El Camino Real site plan
Report prepared by:
Fahteen Khan, Associate Planner
Report reviewed by:
Kyle Perata, Planning Manager
Page I-3.4
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
APPROVING REVISIONS TO AN EXISTING PLANNED DEVELOPMENT
PERMIT TO REDUCE THE LOT SIZE, REDUCE THE NUMBER OF REQUIRED ONSITE PARKING SPACES FROM 360 TO 315 SPACES, AND MODIFY PERCENTAGE BASED DEVELOPMENT STANDARDS (E.G. BUILDING
COVERAGE AND FLOOR AREA RATIO) BASED ON THE REDUCED LOT SIZE
TO ALLOW FOR THE FUTURE PURCHASE OF A PORTION OF THE EXISTING
SITE, CURRENTLY USED FOR PARKING, BY THE CITY OF MENLO PARK FOR THE MIDDLE AVENUE CALTRAIN CROSSING PROJECT. THE
REVISIONS TO THE PLANNED DEVELOPMENT PERMIT WOULD NOT
RESULT IN ANY INCREASE IN GROSS FLOOR AREA, BUILDING
COVERAGE, OR ANY MODIFICATIONS TO THE EXISTING BUILDINGS ON
THE PROJECT SITE
WHEREAS, the City of Menlo Park (“City”) received an application requesting revisions to an existing Planned Development Permit (“PDP”) at 700-800 El Camino Real (Exhibit A) to reduce the lot size, reduce the number of required onsite parking spaces from 360 to 315 spaces, and modify percentage based development standards (e.g. building coverage and floor area ratio) based on the reduced lot size to allow for the future purchase of a portion of the existing site, currently used for parking, by the City of Menlo Park for the Middle Avenue Caltrain crossing project (collectively, the “Project”) from City of Menlo Park (“Applicant”), on behalf of the property owner Menlo Station Development, LLC (“Owner”), located at 700-800 El Camino Real (APN 071-333-200; previous APNs - 071-333-13, 071-333-030, 071-333-040, 071-333-050, 071-333-060, 071-333-070, 071-333-080, 872-41-12-D and 071-333-090) (“Property”). The revised Planned Development Permit (PDP), attached hereto as Exhibit A incorporated herein by this reference; and
WHEREAS, on August 27, 2019, the City Council unanimously selected a preferred concept for the proposed pedestrian and bicycle undercrossing of the Caltrain tracks at Middle Avenue Caltrain Crossing; and
WHEREAS, on January 11, 2022, the City Council adopted Resolution Number 6690 to authorize the city manager to execute a purchase and sale agreement for a portion of 700-800 El Camino Real to support implementation of the Middle Avenue pedestrian and bicycle rail undercrossing project and making specified findings consistent with the certified El Camino Real and Downtown specific plan environmental report and the certified addendum to the specific plan environmental impact report; and
WHEREAS, the El Camino Real and Downtown Specific Plan and the City’s Transportation Master Plan identify a new pedestrian and bicycle crossing of the Caltrain tracks from approximately Middle Avenue to Burgess Park; and
WHEREAS, the City has negotiated with Menlo Station Development, LLC, a California limited liability company, owner of 700-800 El Camino Real (Owner), to develop a Purchase and Sale Agreement that would transfer the Property from the Owner to the City and provide for construction, and access easements for use by the City during construction of the undercrossing; and
ATTACHMENT A Page I-3.5
WHEREAS, an approximately 17,000 square foot portion of 700-800 El Camino Real (APN 071- 333-200) lies between the Caltrain railroad tracks and the 500 El Camino Real property and is the location selected for the construction of ramps to access the proposed undercrossing; and WHEREAS, the proposed Middle Avenue Caltrain crossing project would require purchase of a portion of the existing site at 700-800 El Camino Real of approximately 17,000 square feet, which would reduce the existing lot size from approximately 5.9 to approximately 5.5 acres, and based on the reduced lot size modify percentage based development standards such as building coverage and floor area ratio; and
WHEREAS, there will be no modifications to the existing height and gross floor area of the existing buildings on the subject property; and
WHEREAS, City staff conducted a parking utilization count between September and October of 2019 and found the portion of the project site to be purchased by the City to be an underutilized parking area. The study revealed a parking occupancy rate for the entire project site between 22 percent and 47 percent. The proposed reduction in site area would result in a reduction of 38 parking spaces. The proposed 315 parking spaces to remain would provide capacity beyond the observed utilization rates; and
WHEREAS, a public hearing by the Planning Commission, and a recommendation by the Planning Commission to the City Council shall be required prior to issuance of a Permit for revisions of the Development Plan which involve changes in land use, expansion or intensification of development or a relaxation in the standards of development; and WHEREAS, approving the revised PDP, a draft of which is attached hereto as Exhibit A, is necessary to authorize the development of the Middle Avenue Caltrain crossing project, consistent with the Specific Plan; and
WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and
WHEREAS, the Project is categorically exempt under each of the following three California Environmental Quality Act (CEQA) exemptions - Class 1 (Section 15301, “Existing Facilities”), Class 5 (Section 15305, “Minor Alterations in Land Use Limitations”) and “Common Sense Exemption” (Section 15601(b)(3), of the current California Environmental Quality Act (CEQA) Guidelines, and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on May 1, 2023, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to making a recommendation to the City Council regarding revision to the Planned Development Permit; and Resolution No. XXXX
WHEREAS, after public notice having been lawfully given, a public hearing was scheduled and held before the Planning Commission of the City of Menlo Park on May 1, 2023, whereat all persons interested therein might appear and be heard. After closing the public hearing, the Planning Commission considered all pertinent information, documents, exhibits, and all other evidence in the public record on the request; and adopted Planning Commission Resolution No. 2023-20 to recommend approval of the revisions to the planned development permit to the City Council; 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 May 23, 2023 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 voted affirmatively to approve the findings and conditions for the revisions to the planned development permit.
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
Section 1. Recitals. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the City Council finds the foregoing recitals are true and correct.
Section 2. Planned Development Permit Findings. The City Council of the City of Menlo Park does hereby make the following findings:
1. Consideration and due regard were given to the proposed revisions to the PDP to be consistent with PDP condition (V)(H):
This Permit may be amended by majority vote of the City Council. Application for the amendment shall be made by the property owner, in writing, to the Planning Commission. The Commission shall then forward their recommendation to the City Council.
2. The Planning Commission reviewed the revisions to the PDP and voted unanimously to recommend approval of the proposed revisions at its meeting on May 1, 2023.
Section 4. Environmental review. The City Council makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:
1. The Project is categorically exempt under each of the following: Class 1 (Section 15301, “Existing Facilities”), Class 5 (Section 15305, “Minor Alterations in Land Use Limitations”), and “Common Sense Exemption” Section 15601(b)(3), of the current California Environmental Quality Act (CEQA) Guidelines.
Section 5. Planned Development Permit. The City Council hereby approve the revised Planned Development Permit (Application #PLN2020-00007), which Planned Development Permit is depicted in and subject to the revised Planned Development attached hereto and incorporated herein by this reference as Exhibit A.
Resolution No. XXXX
Section 6. 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 twenty-third day of May, 2023, 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 May, 2023.
Judi A. Herren, City Clerk
Exhibits:
A. Revised planned development permit
Resolution No. XXXX
Planned Development Permit
"MENLO STATION"
P-D Zone #1
I. Statement of Purpose: The intent of the P-D Zone is to promote comprehensive planning of large parcels of land to
protect the natural environment by allowing flexibility from the strict requirements of the conventional zoning regulations; to encourage development of more usable
open space; to promote more efficient use of land,
utilities and circulation systems; to promote creative
design and to permit the application of innovative and
desirable development techniques, consistent with the
aesthetic and environmental qualities of the community.
II. General Information:
A. Applicant: The Cortana Corporation
B. Nature of Project for which the P-D Zone is being requested: A one-story enclosed retail mall and a 4-story office building.
C. Property Location: 700-888800 El Camino Real
D. Assessor's Parcel Numbers: 071-333-200 (previous APNs: 071-333-13, 071-333-030, 071-333-040, 071-333-050, 071-333-060, 071-333-070, 071-333-080, 872-41-12-D and 071-333-090),
E. Area of Property: 5.5 5.93 acres
F. Present Zoning: C-4 (General Commercial) El Camino Real Downtown Specific Plan (ECRSP/D) F.G. Sub-district: El Camino Real South East (ECR-SE)
G. Proposed Zoning: P-D (Planned Development) Zone
H. Permitted Uses and Conditional Uses: This permit regulates all uses at the site.: There are no permitted uses in the P-D Zone.
I. Conditional Uses: Conditional uses allowed in the P-D Zone are as follows: Retail stores, offices, personal services, cafes and restaurants. Other uses may be allowed, subject to obtaining a Use Permit.
III. Project Plans and Approvals:
A. General Development Plans:
The General Development Plans for the project shall be reviewed by both the City Council and the Planning Commission. They will consist of the following: Site Plan, Preliminary Grading Plan, Building Elevations, Parking Plan/Preliminary Off-Site EXHIBIT A Resolution No. XXXX
Improvement Plans, Preliminary Landscaping Plan, and Circulation Plan. The zone reclassification will not be approved until both the City Council and the Planning Commission have approved the General Development Plans.
B. Precise Development Plans:
The Precise Development Plans shall be submitted to the Planning Commission for Architectural Control review and approval prior to the issuance of Building Permits.
The precise plans shall conform with the General Development Plans and shall be comprised of the following:
1. Site Plan: Site Plan shall show all major dimensions and exact location of all proposed buildings and related
improvements, e.g. walls, fences, patios, driveways,
external lighting, fire hydrants, etc.
2. Final Grading and
Drainage:
The final grading and drainage plan shall show the exact finish grade elevation and final design of the drainage system. Site drainage shall be directed to Alma Street
storm drain as approved by the City Engineer.
3. Building Elevation
and Floor Plans:
Elevation drawings shall show all exterior finishes, colors and all painted and stained surfaces and major building dimensions. Floor plans shall fully describe the proposed use of all the interior space.
4. Detail Landscaping
Plan:
The detailed landscaping plan shall show the exact
location of all plant material and a plant schedule (listing size and quantity of plant material) and all other
landscaping materials (including paved areas). The plan shall also show the construction of all fences, walls and exterior lighting fixtures. All landscaping affected by repairs to existing water lines within easements shall be restored to its original condition by the owner.
5. Parking Plan: The parking plan shall show the exact number and location of all the off-street parking to be developed to serve the project. The plan shall also include provisions for employee parking and designate specific areas for
this purpose. A Contingency Plan shall be prepared and
approved by the Planning Commission to implement in
case the 19 ft. wide easement is revoked by the
Southern Pacific Railroad. Two off-street loading areas shall be provided with either plan.
6. Off-Site Improvement
Plans:
The off-site improvement plans shall delineate all the offsite improvements that are to be constructed in conjunction with the project and shall show all
construction details.
Resolution No. XXXX
7. Circulation Plan: The circulation plan shall show the on-site circulation pattern and its relation to the off-site peripheral traffic pattern.
8. Subdivision Maps: The Tentative Parcel Map for the resubdivision of the subject property shall show all the existing and newly
created easements, including a reciprocal access
easement between the project and Ken’s Pancake
House restaurant. In the event the office building and
the retail mall were to be resubdivided into two
separate parcels, provisions shall be included in the
resubdivision documents to retain the parking are as
in common use.
IV. Development Standards
A. Building setbacks, building coverage and open space shall be in accordance with the approved development plans. Building coverage shall not exceed 268% of the total site; driveways and paved areas shall not exceed 51% of the site area and the remaining 23% shall be developed in appropriate landscaping and walks.
B. Building height shall not exceed 56 feet for the office building and 32 feet for retail mall, as measured from the average elevation of the natural grade adjacent to the topmost point of the structure, including elevator penthouses, ventilating and air conditioning equipment.
C. Buildings floor areas shall be as follows:
Gross floor area Retail Mall shall not exceed 57,214 square feet, including public spaces. Office Building shall not exceed 45,848 square feet.
Net floor area: Retail sales space shall not exceed 44,534 square feet. Office Building shall not exceed 36,952 square feet. Area designated for restaurant use shall not exceed 7,500 square feet of net floor area.
D. Public improvements: Improvements to full City and State standards for all public rights of way abutting the development shall be required. In addition, if determined necessary for proper traffic circulation, applicant agrees to work with the City's Staff to provide proper methods of ingress and egress to the development and appropriate parking regulations along the El Camino Real frontage. Determination shall be made by the City.
E. The applicant shall contribute $10.00 for each A.D.T. generated by the project for related traffic improvements or post a bond covering 100% of the cost of the installation of a traffic signal at El Camino Real/Roble Avenue for the period of 5 years from completion of the project, whichever shall be greater, and shall work with Caltrans and the City to implement said traffic improvements, including a traffic signal at El Camino Real and Roble Avenue, if required by the City.
F. Three hundred sixty fifteen on-site parking spaces shall be provided to serve the project. In the event the 19 foot wide easement is revoked by Southern Pacific, the Contingency Plan shall be implemented to provide no less than 329 parking spaces G. Provide covered, secure bicycle parking for employees and the general public.
F.H. All utilities shall be placed underground.
Resolution No. XXXX
G.I. All air conditioning equipment, roof mounted equipment, etc., shall be properly screened and sound-proofed.
H.J. Install separate water meters for domestic and landscape irrigation use.
I.K. Incorporate appropriate life safety systemꞏ into the project for emergencies.
J.L. All hard surfaces affected by repairs to water lines in easements shall be resurfaced by the owner.
K.M. Fence along property line at the Southern Pacific Railroad shall be painted to blend with landscaping.
V. Other Conditions:
A. A Soils Report shall be submitted for the City's Geologist review.
B. The project shall be constructed and maintained in accordance with the approved Precise Development Plans.
C. Revision of Plan - A public hearing by the Planning Commission and City. Council shall be required prior to issuance of a Permit for revisions of the Development Plan which involve changes in land use, expansion or intensification of development or a relaxation in the standards of development. All other revisions may be allowed after a permit is approved by the Planning Commission and City Council. A public hearing may be called regarding such changes if deemed necessary by the Planning Commission.
D. On special occasions, under the supervision of the City's Police Department, the owner/operator of the development may be required to employ private security patrol to assist in law enforcement on the property.
E. Development Schedule - 1) A Development Plan shall be accompanied by a development schedule indicating the approximate date when construction of the project can be expected to begin, which date shall be no later than eighteen months from the effective date of rezoning of the property, the anticipated rate of development, and completion date. The development schedule, if approved by the City Council, shall be adhered to by the owner of the property in the “P-D” Zone and his successors in interest; 2) Periodically the Planning Commission shall compare the actual development in the "P-D” Zone with the approved development schedule.
F. Revocation - If, in the opinion of the Planning Commission, the owner, or owners, are failing or have failed to meet the approved schedule, the Commission may initiate proceedings to reclassify the property and revoke the approval of the Development Plan, or to amend the Development Plan. Upon the recommendation of the Planning Commission and for good cause shown by the property owner, the Council may extend the limits Imposed by the development schedule.
G. This Permit is deemed to be in force for the lifetime of the project and is, therefore, binding on the applicant and any subsequent owner of the property or any portion thereof. Failure to comply with any of the conditions of this Permit may result in the revocation of this Permit.
H. This Permit may be amended by majority vote of the City Council. Application for amendment shall be made by the property owner, in writing, to the Planning Commission. The Commission shall then forward their recommendation to the City Resolution No. XXXX
Council.
Acknowledged and agreed to by the property owner:
The Cortana Corporation
By:
Name:
Title:
Date:
Resolution No. XXXX
City of Menlo Park
700-800 El Camino Real
Location Map
Scale: 1:4,000 Drawn By: FNK Checked By: KTP Date: 5/23/2023 Sheet: 1 B1 ATTACHMENT B Page I-3.14
Planned Oevelopment Permit
"MENLO STATION"
P-D Zone #1
I. Statement of Purpose: The intent of the P-D Zone is to promote comprehensive planning of large parcels of land to pro~ect the natural environment by allowing flexibility from
the strict requirements of the conventional zoning
regulations; to encourage development of more usable
open space; to promote more efficient use of land,
utilities and circulation system$; to promote creative
design and to permit the application of innovative
and desirable development techniques, consistent with
the aesthetic and environmental qualities of the
community.
II. General Information:
A. Applicant: The Cortana Corporation
B. Nature of Project for which the P-D Zone is being requested: A one-story enclosed retail mall and a 4-story office building.
C. Property Location: 700-888 El Camino Real
D. Assessor's Parcel Numbers: 071-333-13, 071-333-030, 071-333-040, 071-333-050, 071-333-060, 071-333-070, 071-333-080, 872-41-12-D and 071-333-090, E. Area of Property: 5,93 acres
F. Present Zoning: C-4 (General Commercial)
G. Proposed Zoning: P-D (Planned Development) Zone
H. Permitted Uses: There are no permitted uses in the P-D Zone. (. Conditional Uses: Conditional uses allowed in the P-D Zone are as Retail stores, offices, personal services, cafes and restaurants. uses may be a1,)owed, subject to obtaining a Use Permit.
III. Project Plans and Approvals:
A. General Development Plans:
fol lows:
Other
The Generaj Development Plans for the project shall'be reviewed by both the City Council and the Planning Commission. They will consist of the following:
Site Plan, Preliminary Grading Plan, Building Elevations, Parking Plan/Preliminary Off-Site ·improvement Plans, Preliminary landscaping Plan, and Circulation Plan. The zone reclassification will not be approved until both the City Council and the Planning Commission have approved the General Develop~ent Plans.
ATTACHMENT C Page I-3.15
(
Planned Development Permit
"Menlo Station"
Page two
Ill. Project Plans and Approvals·(cont 1 d.):
B. Precise Development Plans:
The Precise Development Plans shall be submitted to the Planning , Commission for Architectural Control review and approval prior to the issuance of Buildi~g Permits. The precise plans shall conform with the General Development Plans and shall be comprised of the following:
1. Site Plan: Site Plan shall show all major dimensions and exact location of all proposed buildings and
related improvements, e.g. walls, fences, patios,
driveways, external lighting, fire hydrants, etc.
2. Final Grading and
Drainage P 1 ans: •
The final grading and drainage plan shall show the
fxact finish grade elevation and final design of
the drainage system. Site drainage shall be
directed to Alma Street storm drain as appre;ved by
the City Engineer.
3. Building Elevation
and Floor Plans:
Elevation drawings shall show all exterior finishes,
colors and all painted and stained surfaces and
major building dimensions. Floor plans shall fully
describe the proposed use of all the interior space.
5. ✓ 6.
Detailed
Plan:
Landscaping. The detailed landscap·tng plan shall show the exact location of all plant material and a plant schedule
(listing size and quantity of plant material) and
ali other landscaping materials (including paved
areas). The plan shall also show the co_nstruction
details of all fences·, walls and exterior lighting
fixtures. All landscaping affected by repairs to
existing water lines within easements shall be
restored to its original condition by the owner.
Parking Plan: The parking plan shall show the exact number and location of all the off-street parking to be
developed to serve the project. The plan shall
also include provisions for employee parking and
designate specific areas for this purpose. A
Contingency Plan shall be prepared and approved by
the Planning Commission to implement in case the
19 ft. wide easement is revoked by the Southern
Pacific Railroad. Two off-street loading areas
shall be provided with either plan.
Off-Site Improvement Plans:
The off-site improvement plans shall delineate all
the off-site improvements that are'to be constructed
in conjunction with the project and shall show all
construction details.
Page I-3.16
. '
P·1anned Development Permit
"Men1,o Station11
Page three
7. Circulation Plan:
8. Subdivision Maps:
The circu1ation plan shall show the on-site
circulation pattern and its ,relation to the
off-site peripheral traffic pattern.
The Tentative Parcel Map for the resubdivision
of the subject property shall show all the
existing and newly created easements, tncludtng
a reciprocal access easement between the project
and Ken•s Pancake House restaurant. In the
event the office building and the retail mall
were to be resubdivided into two separate parcels,
provisions shall be included in the resubdivision
documents to retain the parking are.as in common
use.
IV. Development Standards:
/
I
A. Buiiding setbacks, building coverage and open space shall be in accordance with the approved development plans. Bui-lding coverage shall not exceed 26% of the total site; driveways and paved areas shall not exceed 51% of the site area and the remaining 23% shall be develope·d in appropriate landscaping.and walks.
a. Building height shall not exceed 56 feet for the office building and 32 feet for retail mall, as measured from the average elevation of the natural grade adjacent to the topmost point of the structure, including elevator penthouses, ventilating and air conditioning equipment.
C. Buildings•· floor areas shall be as follows:
Gross floor area: Retail Mall shall not exceed 57,214 square fee.t, including public spaces. Office Building shall not exceed 45,848
square feet.
Net floor area: Retail sales space shall not exceed 44,534 square feet.
Office Building shall not exceed 36,952 square feet. Area designated for restaurant use shall not exceed 7,500 square feet of net floor area.
D. Public improvements: Improvements to full City and Stat~ standards for all public rights of way abutting the development shall be required. In addition, if determined necessary for proper traffic circulation, applicant agrees to work with the City's Staff to provide proper methods of ingress and egress to the development and appropriate parking regulations along the El Caminq Real. frontage. Determination shall be made by the City.
E. The applicant shall contribute $10.00 for each A.D.T. generated by the project for related traffic improvements or post a bond cov·ering· foO% of the cost of the installation of a traffic signal at El Cimino Re~l} Ro~le Avenue for the period of 5 years from completion of the project, whichever shall be greater, and shall work with. Caltrans and the City to implement said traffic improvements, including a traffic signal at \ El Camino Real and Roble Avenue, if required by the City. \ I
I Page I-3.17 I
✓
Planned Development Permit
"Menlo Station"
Page four
F. Three hundred sixty on-site parking spaces shall be provided to serve the project. In the event the 19 foot wide easement is revoked by Southern Pacific, the Contingency Plan shall be implemented to provide no less than 329 parking spaces.
G. Provide covered, secure bicycle parking for employees and the general public.
H. All utilities shall be placed underground.
I. All air conditioning equipment, roof mounted equipment, etc., sh?tll be properly screened and sound-proofed.
J. Install separate water meters for domestic and landscape irrigation use.
K. · Incorporate appropriate life safety system· into the project for emergencies.
L. All hard surfaces affected by repairs to water lines in easements shall be resurfaced by the owner.
M. Fence along property line at the Southern Pacific Railroad shall be painted to blend with landscaping.
V. Other Conditions:
A. A Soils Report shall be submitted for the City's Geologist review.
B. The proje.ct shall be constructed and maintained tn accordance with Y the approved Precise Development Plans.
C. Revision of Plan - A public hearing by the Planning Commission and City.
Council shal 1 be required prior to issuance of a Permit for revi.sions of the Development Plan which involve changes in land use, expansion or intensification of development or a relaxation in the standards of development. All other revisions may be allowed after a Permit is approved by the Planning Commission and City Council. A public hearing may be called regarding such changes if deemed necessary by the Planning Commission.
D. On special occasions, under the supervision of the City's Police Department, the owner/operator of the development may be required to employ private security patrol to assist in law enforcement on the property.
E. Development Schedule - 1) A Development Plan ·shall be· a~companted .. by ·; development schedule indicating the approximate date when construction of the project can be expected to begin, which date shall be no later than eighteen months from the effect iv~· da:te _ _of -~h~ __ _rezoning· __ <>f _the property_,·· . the anticipated rate of developmerit, and completion date. The devefopineni:°- .. schedule, if approved by the City Council, shall be adhereifl to by the owner of the property in the 11P-D11 Zone and his successors in interest; 2) Periodically the Planning Commission shall compare the actual development in the "P-D11 Zone with the approved development schedule.
Page I-3.18
r
..
Planned Development Pennit
"Men.Jo Station"
Page five
F. Revocation - If, in the op1n1on of the Planning Commission, the owner, or owners, are failing or have failed to meet the approved schedule, the Commission may initiate proceedings to reclassify the property and revoke the approval of the Development Plan, or to amend the Development Plan. Upon the recommendation of the Planning Commission and for good cause shown by the property owner, the Council may extend the limits Imposed by the development schedule.
G. This Permit is deemed to be in force for the ltfetlme of the project and ts, therefore, binding on the applicant and any subsequent owner of the property or any portion thereof. Failure to comply with any of the conditions of this Pe.rmlt may result in the revocation of this Permit.
H. Thi.s Permit may be amended by majority vote of the City Council.
Application for amendment shall be made by the property owner, in writing, to the Planning Commission. The Commission shall then forward their recommendation to the City Council.
Acknowledged and agreed to by applicant:
for the C~rtana Corporation
Approved by the Planning Commission Approved by the City Council on __ o_c_t_o_b_e_r_1~5~•-1~9~7~9 ________ _ January 8, 1980 attest
JJ /}_ 7'~ l.-" --~ ,_,,I;~~
Ma~Snowden, City Clerk
Page I-3.19
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
701 Laurel Street
Menlo Park, CA 94025
phone: (650) 330-6702
fax: (650) 327-1653
[email protected]
http://www.menlopark.org
DATA SHEET
Please provide the appropriate information pertaining to your application. It is important to complete the existing and proposed development items even if the existing structure is being demolished or if there is no specific zoning ordinance requirement. /
* Commercial and Multiple-residential properties | ** Single family residential and R-2 residential, and R-2 zonedproperties Updated March 2008 V:\HANDOUTS\Approved\Data Sheet.doc
LOCATION:
700-800 El Camino Real, Menlo Park, CA94025
EXISTING USE:
Office / Commercial
APPLICANT:
City of Menlo Park
PROPOSED USE:
Office / Commercial
PROPERTY OWNER(S):
Menlo Station Development
ZONING:
SP-ECR-D
APPLICATION(S):
DEVELOPMENT STANDARDS PROPOSED PROJECT EXISTING DEVELOPMENT ZONING ORDINANCE Lot area 239,777 sf 257,260 sf sf min.
Lot width 1,133 ft. 1,529 ft. ft. min.
Lot depth 220 ft. 220 ft. ft. min.
Setbacks
Front ~2 ft. ~2 ft. ft. min.
Rear ~123.48 ft. ~123.48 ft. ft. min.
Side (left) 8.09 ft. 8.09 ft. ft. min.
Side (right) 58.61 ft. 58.61 ft. ft. min.
Building coverage 66,112 sf
27.57 %
66,112 sf
25.70 %
sf max.
% max.
FAR (Floor Area Ratio)* 101,832 sf
42.47 %
101,832 sf
39.58 %
sf max.
% max.
FAL (Floor Area Limit)** sf sf sf
Square footage by floor
below grade -- sf -- sf
1ST 66,216 sf 66,216 sf
2 ND , 3rd, 4th 11,872/11,872/11,872 sf 11,872/11,872/11,872 sf garage sf sf
accessory building(s) sf sf
other sf sf
Square footage of buildings 96,610 sf 96,610 sf sf max.
Building height 50 ft. 50 ft. ft. max.
Landscaping** 57,005 sf
23.77 %
61,305 sf
23.83 %
sf min.
% min.
Paving*** sf
%
sf
%
sf min.
% min.
Parking 315 spaces 356 spaces spaces
Define Basis for Parking Per AB 2097, signed in 2022 legislative session, no parking minimums within ½ mile of transit Trees # of existing
Heritage trees
# of existing
non-Heritage trees
# of
new trees
# of existing
Heritage trees
to be removed
# of non-Heritage trees to be
removed
Total #
of trees
ATTACHMENT D Page I-3.20
Page I-3.21
Page I-3.22
Page I-3.23
Page I-3.24
Page I-3.25
Page I-3.26
Page I-3.27
Page I-3.28
Page I-3.29
Resolution No. 2023-XX
1 PLANNING COMMISSION RESOLUTION NO. 2023-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENLO PARK RECOMMENDING THE CITY COUNCIL APPROVE
REVISIONS TO AN EXISTING PLANNED DEVELOPMENT PERMIT TO
REDUCE THE LOT SIZE, REDUCE THE NUMBER OF REQUIRED
ONSITE PARKING SPACES FROM 360 TO 315 SPACES, AND MODIFY PERCENTAGE BASED DEVELOPMENT STANDARDS (E.G. BUILDING
COVERAGE AND FLOOR AREA RATIO) BASED ON THE REDUCED
LOT SIZE TO ALLOW FOR THE FUTURE PURCHASE OF A PORTION
OF THE EXISTING SITE, CURRENTLY USED FOR PARKING, BY THE
CITY OF MENLO PARK FOR THE MIDDLE AVENUE CALTRAIN
CROSSING PROJECT. THE REVISIONS TO THE PLANNED
DEVELOPMENT PERMIT WOULD NOT RESULT IN ANY INCREASE IN
GROSS FLOOR AREA, BUILDING COVERAGE, OR ANY
MODIFICATIONS TO THE EXISTING BUILDINGS ON THE PROJECT
SITE.
WHEREAS, the City of Menlo Park (“City”) received an application requesting revisions to an existing Planned Development Permit (“PDP”) at 700-800 El Camino Real (Exhibit A) to reduce the lot size, reduce the number of required onsite parking spaces from 360 to 315 spaces, and modify percentage based development standards (e.g. building coverage and floor area ratio) based on the reduced lot size to allow for the future purchase of a portion of the existing site, currently used for parking, by the City of Menlo Park for the Middle Avenue Caltrain crossing project (collectively, the “Project”) from City of Menlo Park (“Applicant”), on behalf of the property owner Menlo Station Development, LLC (“Owner”), located at 700-800 El Camino Real (APN 071-333-200; previous APNs - 071-333-13, 071- 333-030, 071-333-040, 071-333-050, 071-333-060, 071-333-070, 071-333-080, 872-41-12- D and 071-333-090) (“Property”). The revised Planned Development Permit (PDP), project plans and project description letter are attached hereto as Exhibit B, C and D and incorporated herein by this reference; and
WHEREAS, on August 27, 2019, the City Council unanimously selected a preferred concept for the proposed pedestrian and bicycle undercrossing of the Caltrain tracks at Middle Avenue Caltrain Crossing; and,
WHEREAS, on January 11, 2022, the City Council adopted Resolution Number 6690 to authorize the city manager to execute a purchase and sale agreement for a portion of 700-800 El Camino Real to support implementation of the Middle Avenue pedestrian and bicycle rail undercrossing project and making specified findings consistent with the certified El Camino Real and Downtown specific plan environmental report and the certified addendum to the specific plan environmental impact report; and, WHEREAS, the El Camino Real and Downtown Specific Plan and the City’s Transportation Master Plan identifies a new pedestrian and bicycle crossing of the Caltrain tracks from approximately Middle Avenue to Burgess Park; and, ATTACHMENT F Page I-3.30
Resolution No. 2023-XX
2 WHEREAS, the City has negotiated with Menlo Station Development, LLC, a California limited liability company, owner of 700-800 El Camino Real (Owner), to develop a Purchase and Sale Agreement that would transfer the Property from the Owner to the City and provide for construction, and access easements for use by the City during construction of the undercrossing; and,
WHEREAS, an approximately 17,000 square foot portion of 700-800 El Camino Real (APN 071-333-200) lies between the Caltrain railroad tracks and the 500 El Camino Real property and is the location selected for the construction of ramps to access the proposed undercrossing; and,
WHEREAS, the proposed Middle Avenue Caltrain crossing project would require purchase of a portion of the existing site at 700-800 El Camino Real of approximately 17,000 square feet, which would reduce the existing lot size from approximately 5.93 to approximately 5.5 acres, and based on the reduced lot size modify percentage based development standards such as building coverage and floor area ratio; and WHEREAS, there will be no modifications to the existing height and gross floor area of the existing buildings on the subject property; and WHEREAS, City staff conducted a parking utilization count in 2019 and found the area to be a heavily underutilized parking lot with 38 parking spaces for the onsite commercial and office development; and
WHEREAS, a public hearing by the Planning Commission, and a recommendation by the Planning Commission to the City Council shall be required prior to issuance of a Permit for revisions of the Development Plan which involve changes in land use, expansion or intensification of development or a relaxation in the standards of development.
WHEREAS, approving the revised PDP, a draft of which is attached hereto as Exhibit B, is necessary to authorize the development of the Middle Avenue Caltrain crossing project, consistent with the Specific Plan; and
WHEREAS, the Project, requires discretionary actions by the City as summarized above, and therefore the California Environmental Quality Act (“CEQA,” Public Resources Code Section §21000 et seq.) and CEQA Guidelines (Cal. Code of Regulations, Title 14, §15000 et seq.) require analysis and a determination regarding the Project’s environmental impacts; and
WHEREAS, the City is the lead agency, as defined by CEQA and the CEQA Guidelines, and is therefore responsible for the preparation, consideration, certification, and approval of environmental documents for the Project; and WHEREAS, the Project is categorically exempt under each of the following three California Environmental Quality Act (CEQA) exemptions - Class 1 (Section 15301, “Existing Facilities”), Class 5 (Section 15305, “Minor Alterations in Land Use Limitations”) and “Common Page I-3.31
Resolution No. 2023-XX
3 Sense Exemption” (Section 15601(b)(3), of the current California Environmental Quality Act (CEQA) Guidelines, and;
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, at a duly and properly noticed public hearing held on May 1, 2023, the Planning Commission fully reviewed, considered, and evaluated the whole of the record including all public and written comments, pertinent information, documents and plans, prior to making a recommendation to the City Council regarding revision to the Planned Development Permit.
NOW, THEREFORE, THE MENLO PARK PLANNING COMMISSION HEREBY RECOMMENDS THE CITY COUNCIL TO RESOLVES AS FOLLOWS:
Section 1. Recitals. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, public testimony, and other materials and evidence submitted or provided, and the City Council finds the foregoing recitals are true and correct.
Section 2. Planned Development Permit Findings. The City Council of the City of Menlo Park does hereby make the following Findings:
Consideration and due regard were given to the proposed revisions to the PDP to be consistent with PDP (V)(H):
This Permit may be amended by majority vote of the City Council. Application for the amendment shall be made by the property owner, in writing, to the Planning Commission. The Commission shall then forward their recommendation to the City Council.
Section 4. Planned Development Permit. The Planning Commission hereby recommends the City Council to approve the revised Planned Development Permit (Application #PLN2020- 00007), which Planned Development Permit is depicted in and subject to the revised Planned Development attached hereto and incorporated herein by this reference as Exhibit B and development plans and project description letter, which are attached hereto and incorporated herein by this reference as Exhibit C and Exhibit D, respectively.
Section 5. ENVIRONMENTAL REVIEW. The Planning Commission recommends that the City Council makes the following findings, based on its independent judgment after considering the Project, and having reviewed and taken into consideration all written and oral information submitted in this matter:
A. The Project is categorically exempt under each of the following: Class 1 (Section 15301, “Existing Facilities”), Class 5 (Section 15305, “Minor Alterations in Land Use Page I-3.32
Resolution No. 2023-XX
4 Limitations”), and “Common Sense Exemption” Section 15601(b)(3), of the current California Environmental Quality Act (CEQA) Guidelines.
Section 6. 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, Corinna Sandmeier, Principal Planner and Planning Commission Liaison of the City of Menlo Park, do hereby certify that the above and foregoing Planning Commission Resolution was duly and regularly passed and adopted at a meeting by said Planning Commission on May 1, 2023, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this 1st day of May, 2023
______________________________
Corinna Sandmeier
Principal Planner and Planning Commission Liaison
City of Menlo Park
Exhibits
A. Planned Development Permit, 1980
B. Revised Planned Development Permit
C. Project Plans
D. Project Description Letter
Page I-3.33
700 El Camino Real
800 El CaminoReal
700-800 El Camino Real Site Plan
Property being purchased
ATTACHMENT G
Page I-3.34
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov
STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-126-CC
Regular Business: Adopt a Resolution to amend Resolution No. 6738 to remove the drought surcharge that corresponds
to stage 2 drought measures from Menlo Park
Municipal Water customer bills; Rescind stage 2
drought measures if/when the State Water Board
ends its drought regulations that require Menlo
Park Municipal Water to implement drought
measures in its Water Shortage Contingency Plan;
Determine that this action is exempt from California
Environmental Quality Act pursuant to CEQA
Guidelines sections 15307 (actions to protect
natural resources), 15308 (actions to protect the
environment) and 15269 (actions to prevent or
mitigate an emergency)
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to amend Resolution No. 6738 to remove the drought surcharge that corresponds to stage 2 drought measures from Menlo Park Municipal Water (MPMW) customer bills starting May 1; rescind stage 2 drought measures when the State Water Board modifies or ends its drought regulations that require MPMW to implement drought measures in its Water Shortage Contingency Plan (WSCP); and determine this action is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15307, 15308 and 15269.
Policy Issues
MPMW is a city-owned water service provider for a portion of the City of Menlo Park. The City Council acts as its governing body and is responsible for ensuring the financial stability of the water system by setting customer rates and approving capital plans and other operational expenditures. The City Council has the authority to declare a drought and specify one of six drought stages, as outlined in the adopted 2020 WSCP.
The adopted 2020 WSCP has prescribed actions for each of the six drought stages, which have varying levels of response for changes to or shortages in water supplies. It provides flexibility to incorporate additional water measures based on several factors: the State Water Board adopting future emergency water regulations, the San Francisco Public Utilities Commission (SFPUC) imposing drought-related actions as the water wholesaler, or other appropriate actions in order to meet MPMW’s water reduction goal.
Attachment B lists the six drought stages along with corresponding conservation measures and response.
Per Menlo Park Municipal Code, Chapter 7.35 (Water Conservation), the City may also enforce drought regulations adopted by the State Water Board, or drought-related actions imposed by SFPUC under an adopted Water Conservation Plan. This chapter allows the City to implement these requirements by AGENDA ITEM J-1 Page J-1.1
Staff Report #: 23-126-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov adopting, by resolution, a Water Conservation Plan.
Background
MPMW supplies water to about half of the City’s residences and businesses through approximately 4,300 service connections. MPMW’s sole water supply is purchased from SFPUC for two distinct areas: the upper zone in the Sharon Heights area, and the lower zone located north and east of El Camino Real. MPMW is a member of the Bay Area Water Supply and Conservation Agency (BAWSCA), a special district that represents the interest of 26 cities, water districts, and private utilities that are long-term purchasers of SFPUC wholesale water.
On May 11, 2021, the City Council adopted Resolution No. 6625 approving MPMW water rate increases through fiscal year 2025-26. The new rates met several objectives that included updating drought surcharges to match the State Water Board’s six drought stages as outlined in MPMW’s WSCP. The purpose of the drought surcharge is to recover lost revenue (due to less water sales) so the water fund can meet target reserves and cover operating, maintenance and capital expenditures. Drought surcharges are only in effect if the City Council declares a drought and specifies the drought stage.
In May 2022, in response to the Governor’s March 2022 Executive Order N-7-22, the State Water Board adopted emergency regulations requiring urban water suppliers to implement stage 2 of their WSCPs and prohibit irrigation of “non-functional” turf by June 10, 2022. The State Water Board defines non-functional turf as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events (does not include sports fields).
On May 24, 2022, the City Council adopted Resolution No. 6738 (Attachment C) to implement stage 2 of the City’s 2020 WSCP and a drought surcharge effective Aug. 1, 2022. The resolution also prohibited irrigation of “non-functional” turf for commercial, industrial and institutional water users. Section 8 of Resolution No. 6738 outlines the process to declaring an end to the water shortage emergency by stating that “This resolution shall become effective June 10, 2022, and shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution.” Attachment E lists current water regulations, who initiated them and when they expire. On the same day, SFPUC adopted a drought surcharge for their retail customers and a system-wide water use reduction of 11% compared to baseline water use during fiscal year 2019-20 (stage 2 of SFPUC’s WSCP), for alignment with State requirements.
In December 2022, the State Water Board extended its ban on wasteful water practices to Dec. 22.
On March 24, in response to the greatly improved local and statewide hydrologic conditions, the Governor issued Executive Order N-5-23 to rescind the relevant portions of Executive Order N-7-22 that prompted the State Water Board to require urban water suppliers to implement level 2 of their WSCPs. However, it does keep the water restriction on use of potable water for commercial, industrial, and institutional water users to irrigate non-functional, ornamental turf. The regulations do not become law until the State Water Board adopts them. While it is likely that the State Water Board will act in response to the Governor’s March 24 termination, the State Water Board has not indicated if or when it plans to lift this requirement in its regulations. It should be noted that if the State Water Board takes no action, the level 2 drought regulations will automatically expire June 10.
On April 11 based on system-wide hydrologic conditions and water storage in the SFPUC’s reservoirs, SFPUC rescinded the temporary drought surcharge for their retail customers (effective May 1). They also authorized rescinding the voluntary system-wide water use reduction of 11% (compared to fiscal year 2019- Page J-1.2
Staff Report #: 23-126-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov 20 water use) when the State Water Board modifies or ends its drought regulations that require SFPUC to implement the drought response actions of its WSCP.
Analysis
For the last 12 months from March 2022 through February 2023, MPMW water customers have reduced water use overall by 18% which exceeds SFPUC’s voluntary system-wide water use reduction of 11% (compared to fiscal year 2019-20 water use). Almost every customer category decreased water use during this period as shown below in Table 1. Institutional customers (i.e., schools and City public facilities) used more water in the last 12 months compared to fiscal year 2019-20 likely due to the pandemic when these facilities closed in March 2020.
Table 1: Water use (March 2022 – February 2023)
compared to fiscal year 2019-20
Customer category Percent (%)
increase/decrease
Single-family residential -17
Multi-family residential -9
Commercial/Industrial -17
Institutional +13
Irrigation -45
Overall average -18
As of March 31, the City has collected about 61% of total budgeted revenues for fiscal year 2022-23 from water sales (monthly meter charges and water consumption charges) which is less than the 75% that would normally be anticipated for nine months of the fiscal year.
The drought surcharge helps recover lost revenue due to less water sales. The current drought surcharge for stage 2 is $1.40 per centum cubic feet (CCF) with one CCF equivalent to 748 gallons. The surcharge, which became effective for bills issued in August 2022, applies to all customers, based on total metered water use, and is itemized separately on customer monthly bills. As of March 31, the City has collected approximately $830,000 in revenue from drought surcharges, which has helped to offset lost revenue due to less water sales.
Staff is recommending removing drought surcharges on water bills retroactively starting May 1. Staff will work with the billing contractor to issue customer credits as needed. Staff is also recommending rescinding stage 2 drought measures in the future if/when the State Water Board rescinds stage 2 drought measures that requires MPMW to implement drought response actions in its WSCP. Attachment D shows Resolution No. 6738 redlined with proposed amendments.
Next steps
It is unknown at this time if or when the State Water Board will modify or implement additional drought restrictions. Staff is bringing this item forward now in order to retroactively remove the drought surcharge back to May 1 (which matches SFPUC’s timeline to remove the drought surcharge for their retail customers), and in anticipation that the State Water Board allows the drought restrictions to implement stage 2 of water suppliers’ WSCP to expire June 10. If the State Water Board decides to implement other drought restrictions not included in the proposed amended Resolution No. 6738, staff will return to City Page J-1.3
Staff Report #: 23-126-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Council to take any necessary actions.
Other rate adjustments
As identified in the five-year rate study adopted May 11, 2021, the annual rate increase for fiscal year 2023- 24 will be implemented starting July 1. On May 9, SFPUC adopted the fiscal year 2023-24 wholesale water rate of $5.21 per CCF, representing a 9.7% increase, effective July 1. The adopted rate is higher than the projected fiscal year 2023-24 wholesale water rate of $4.87 per CCF provided previously by SFPUC and assumed for purposes of the 2021 five-year water rate study. Pursuant to California Government Code 53756, MPMW is able to pass-through any additional increases in SFPUC wholesale water rates when the actual SFPUC rates exceed estimates, given that all water customers receive at least 30 days’ notice. The fiscal year 2023-24 SFPUC wholesale pass-through rate will be decreasing from $0.56 to $0.34 per CCF due to SFPUC anticipating increased water use as drought conditions have improved. The new passthrough rate will be implemented at the same time as the annual water rate increase based on July water use and appear on customers’ August water bills.
Impact on City Resources
Removing the drought surcharge will eliminate future revenues that help offset reduced revenue due to less water sales, however, staff anticipates that water use will increase as drought restrictions are lifted which will increase water sales and revenues. These revenues are used to cover the cost of purchasing water from SFPUC and operating and maintaining the water system.
Environmental Review
City Council’s adoption of the proposed resolution is not a project within the meaning of the CEQA Guidelines §§15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.
If this action were a project, it would be categorically exempt from CEQA under CEQA Guidelines §15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and CEQA Guidelines §15308 (Actions for Protection of the Environment), in that it is intended to ensure adequate water supplies for the preservation of public health, safety, fire prevention, during a declared period of drought.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. Proposed resolution amending Resolution No. 6738
B. Table – Drought stages and actions, 2020 WSCP
C. Resolution No. 6738 that adopted a drought stage 2 Water Conservation Plan D. Resolution No. 6738 redlined with proposed amendments E. Current regulations and expiration dates
Report prepared by:
Pam Lowe, Senior Civil Engineer
Page J-1.4
Staff Report #: 23-126-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Reviewed by:
Tanisha Werner, Assistant Public Works Director - Engineering Page J-1.5
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING RESOLUTION NO. 6738 TO REMOVE THE DROUGHT LEVEL 2 SURCHARGE AND RESCIND STAGE 2 DROUGHT MEASURES IF/WHEN THE
STATE WATER RESOURCES CONTROL BOARD ENDS ITS DROUGHT
REGULATIONS THAT REQUIRE MENLO PARK MUNICIPAL WATER TO
IMPLEMENT DROUGHT MEASURES IN ITS WATER SHORTAGE
CONTINGENCY PLAN PER SECTION 8 OF THE RESOLUTION NO. 6738 WHEREAS, on March 28, 2022, the Governor issued Executive Order N-7-22, which directed the State Water Resources Control Board (State Water Board) to adopt emergency regulations requiring each urban water supplier that has submitted a Water Shortage Contingency Plan (WSCP) to the California Department of Water Resources to implement, at a minimum, shortage response actions adopted under Section 10632 of the California Water Code for a shortage level of up to 20% (Shortage Level 2) and prohibiting irrigating non-functional turf, and WHEREAS, on May 24, 2022, the State Water Board adopted such regulations by State Water Board Resolution No. 2022-0018, Resolution to Adopt an Emergency Regulation to Reduce Demand and Improve Water Conservation, which went into effect on June 10, 2022, and will remain in effect for one year unless the State Water Board modifies or extends them; and WHEREAS, in response to the State Water Board Regulations, on May 24, 2022, SFPUC adopted an increased system-wide water use reduction of 11% compared to baseline water use during fiscal year 2019-2020, consistent with Shortage Level 2 of the SFPUC’s WSCP, effective July 1, 2022; and
WHEREAS, in response to the State Water Board proposed regulations, on May 24, 2022, the City Council adopted Resolution No. 6738 to implement Shortage Level 2 measures in the adopted 2020 Water Shortage Contingency Plan and prohibit irrigating non-functional turf, as well as additional conservation measures; and Section 8 of Resolution No. 6738 states that “This resolution shall become effective June 10, 2022 and shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution” and WHEREAS, on February 13, 2023, the Governor issued Executive Order N-3-23, which continued the statewide drought emergency and regulations in effect, but also directed state agencies to provide recommendations on whether any existing provisions in the Governor’s drought proclamations and executive orders are still needed to mitigate drought conditions; and WHEREAS, on March 24, 2023, the Governor issued Executive Order N-5-23, which among other actions terminated the portion of Executive Order N-7-22 that prompted the State Water Board to adopt Resolution No. 2022-0018 that requires urban water suppliers to implement, at minimum, Shortage Level 2 of their water shortage contingency plans; and WHEREAS, based on system-wide hydrologic conditions and water storage in SFPUC’s reservoirs, on April 11, 2023, SFPUC rescinded the temporary drought surcharge for their retail customers (effective on May 1). SFPUC also authorized rescinding the voluntary system-wide Page J-1.6 ATTACHMENT A
Resolution No. XXXX
water use reduction of 11 percent (compared to fiscal year 2019-20 water use) when the State Water Board modifies or ends its drought regulations that require SFPUC to implement the drought response actions of its WSCP; and
WHEREAS, adoption of this resolution is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment. If this action were a project, it would be categorically exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and CEQA Guidelines section 15308 (Actions for Protection of the Environment), in that it is intended to ensure adequate water supplies for the preservation of public health, safety, fire prevention, during a declared period of drought.
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
1. The above recitals are true and accurate.
2. Section 2 of Resolution No. 6738 is hereby repealed and shall retroactively become effective on May 1, 2023.
3. Sections 3 and 4(e) through 4(g) of Resolution No. 6738 are hereby repealed effective on the date if/when the State Water Board rescinds stage 2 drought measures, or if the State Water Board allows the stage 2 drought measures to expire on June 10, 2023.
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 twenty-third day of May, 2023, 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 May, 2023.
Judi A. Herren, City Clerk
Page J-1.7
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
NoDrought N/A
Includes water waste prohibitions
effective at all times.
1. Hoses must be equipped with a shut-off
valve for washing vehicles, sidewalks,
walkways, or buildings.
2. Ornamental fountains shall use only recirculated or recycled water.
3. Potable water shall not be applied in any
manner to any driveway, sidewalk, or
other hard surface except when
necessary to address immediate health or
safety concerns.
4. Potable water shall not be used to water
outdoor landscapes in a manner that
causes more than incidental runoff onto
non-irrigated areas, walkways, roadways,
parking lots, or other hard surfaces.
5. Potable water cannot be applied to
outdoor landscapes during and up to 48
hours after measurable rainfall.
6. Potable water shall not be used to irrigate
ornamental turf on public street medians.
7. Hotels and motels shall provide guests an
option whether to launder towels and
linens daily. Hotels and motels shall
prominently display notice of this option
in each bathroom using clear and easily
understood language.
8. Restaurants and other food service
operations shall serve water to customers
only upon request during a period for
which the Governor has issued a
proclamation of a state of emergency.
9. Broken or defective plumbing and
irrigation systems must be repaired or
replaced within a reasonable period.
10. Recreational water features shall be
None
ATTACHMENT B Page J-1.8
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
covered when not in use.
11. Single-pass cooling systems on new
construction shall not be allowed.
12. Other measures as may be approved by
the State Water Resources Control Board
or City Council Resolution.
1 Up to
10%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use of up to
10% due to water supply
shortages or an emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with “no drought” restrictions
and prohibitions except where
superseded by more stringent
requirements.
2. Newly constructed homes and buildings
must irrigate with drip or microspray
only.
3. Other measures as may be approved by
City Council Resolution.
1. Initiate public outreach to inform
customers that there is a water shortage
emergency.
2. Implement Stage 1 drought surcharge.
2 Up to
20%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 10%
to 20% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with Stage 1 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Irrigating outdoor ornamental landscapes
or turf with potable water is limited to no
more than two (2) days per week on a
schedule established by the Director and
posted on the City’s website, except for
hand watering. Water customers may be
granted an exception upon review and
approval of a Drought Response Plan by
the Public Works Director pursuant to
such policies and procedures as may be
established by the Public Works Director
provided that such plan results in an
equivalent or greater reduction in water
1. Continue with actions and measures from
Stage 1.
2. Increase public outreach for added
restrictions and prohibitions, and to
provide information regarding fines or
penalties for non-compliance.
3. Coordinate with BAWSCA, SFPUC, and
other Menlo Park water agencies
(California Water Service, O’Connor
Cooperative Water Tract, East Palo Alto,
Palo Alto Park Mutual Water Company).
4. Evaluate if participation in BAWSCA’s
subscription water conservation
programs can be increased.
5. Train City staff and billing contractor
customer service representatives how to
Page J-1.9
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
use.
3. Hand watering must be with a
continuously monitored hose fitted with
an automatic shut-off nozzle or device
attached to it that causes it to cease
dispensing water immediately when not
in use or monitored.
4. Other measures as may be approved by
City Council Resolution.
respond to customer calls, reports and
complaints.
6. Evaluate options to capture water during
routine flushing of water mains.
7. Implement Stage 2 drought surcharge.
3 Up to
30%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 20%
to 30% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
as agency actions (see WSCP Table
6-2).
1. Continue with Stage 2 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Permits for construction of new pools
shall include a requirement that MPMW
water shall not be used to fill new pools.
3. Vehicles may only be washed at vehicle
washing facilities using recycled or
recirculating water.
4. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 2.
2. Increase public outreach for added
restrictions and prohibitions, and to
provide information how to report water
waste to the City.
3. Increase public outreach to the top 10%
water users in each customer category.
4. Coordinate with Police code enforcement
to investigate water waste reports.
5. Request cooperation from Menlo Park
Fire District to reduce fire training water
use.
6. Implement Stage 3 drought surcharge.
4 Up to
40%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 30%
to 40% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses (see WSCP Table 6-1) as well
1. Continue with Stage 3 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Irrigating outdoor ornamental landscapes
or turf with potable water is limited to no
more than one (1) day per week on a
schedule established by the Director and
posted on the City’s website, except for
hand watering. Water customers may be
granted an exception upon review and
approval of a Drought Response Plan by
the Public Works Director pursuant to
1. Continue with actions and measures from
Stage 3.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 20%
water users in each customer category.
4. Evaluate staff resources. May include
hiring temporary staff or training
additional City staff to assist with
customer service and enforcement.
Page J-1.10
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
as agency actions (see WSCP Table
6-2).
such policies and procedures as may be
established by the Public Works Director
provided that such plan results in an
equivalent or greater reduction in water
use.
3. Potable water shall not be used for
construction or dust control.
4. Potable water shall not be used for
commercial vehicles that provide street
washing, sweeping, or cleaning.
5. Other measures as may be approved by
City Council Resolution.
5. Reevaluate routine flushing of water
mains except when necessary to address
immediate health or safety concerns.
6. Consider increasing fines for multiple
violations.
7. Implement Stage 4 drought surcharge.
5 Up to
50%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use from 40%
to 50% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses and water use budgets for
customers (see WSCP Table 6-1),
as well as agency actions and
groundwater supply augmentation
(see WSCP Table 6-2).
1. Continue with Stage 4 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Water use shall not exceed water budgets
established for each customer.
3. Hand watering outdoor ornamental
landscapes is only allowed between
designated hours, as determined by the
Public Works Director.
4. Turf irrigation is prohibited at all times,
including artificial turf.
5. Existing irrigation systems shall not be
expanded.
6. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 4.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 30%
water users in each customer category.
4. Implement water waste patrols and
increase enforcement.
5. Halt installations of new potable water
meters (temporary or permanent) or
meter upgrades except if a valid,
unexpired building permit has been
issued for the project; or the project is
necessary to protect the public’s health,
safety, and welfare.
6. Halt issuing statements of immediate
ability to serve or provide potable water
service.
7. Consider increasing fines for multiple
violations.
8. Develop water budgets for all accounts.
9. Use emergency groundwater well(s).
10. Implement Stage 5 drought surcharge.
Page J-1.11
Drought Stages & Actions (Tables from the adopted 2020 Water Shortage Contingency Plan, WSCP) Shortage
Level
Percent
Shortage
Range
WSCP Shortage Response Actions
WSCP Table 6-1
Demand Reduction Actions
(DWR Table 8-2)
WSCP Table 6-2
Supply Augmentation and Other Actions
(DWR Table 8-3)
6 >50%
Declaration by the City Council
upon the determination that the
SFPUC or another governing
authority (e.g., the SWRCB) has
required a voluntary or mandatory
reduction in water use greater
than 50% due to water supply
shortages or emergency.
Includes implementation of
mandatory restrictions on end
uses and water use budgets for
customers (see WSCP Table 6-1),
as well as agency actions and
groundwater supply augmentation
(see WSCP Table 6-2).
1. Continue with Stage 5 restrictions and
prohibitions except where superseded by
more stringent requirements.
2. Hand watering outdoor ornamental
landscapes is prohibited at all times.
3. Other measures as may be approved by
City Council Resolution.
1. Continue with actions and measures from
Stage 5.
2. Increase public outreach for added
restrictions and prohibitions.
3. Increase public outreach to the top 40%
water users in each customer category.
4. Halt installations of new potable water
meters (temporary or permanent) even if
a valid, unexpired building permit has
been issued for the project.
5. Consider increasing fines for multiple
violations.
6. Increase water budget reduction
requirements.
7. Implement other short-term emergency
actions from the Emergency Response
Plan.
8. Implement Stage 6 drought surcharge.
Page J-1.12
RESOLUTION NO. 6738
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
ADOPTING WATER CONSERVATION PLAN PURSUANT TO MENLO PARK MUNICIPAL CODE CHAPTER 7.35 TO IMPLEMENT WATER SHORTAGE CONSERVATION PLAN STAGE 2 MEASURES
WHEREAS, on May 11, 2021, pursuant to its rate setting authority and in accordance with all applicable requirements under Proposition 218, the City Council adopted Resolution No. 6625 to approve MPMW’s five-year schedule of water rates, which included analysis and approval of drought surcharges in the proposed 2020 Water Shortage Contingency Plan; and WHEREAS, on May 25, 2021, the City Council adopted its 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan, as required by the California Water Code, and which includes six drought stages; and
WHEREAS, on April 21, May 10, and July 8, 2021, Governor Newson issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and WHEREAS, on October 19, 2021, Governor Newsom’s emergency drought proclamation expanded the drought emergency statewide and encouraged the State Water Board to supplement voluntary conservation measures by prohibiting certain wasteful water uses; and WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission (“SFPUC”) declared a water shortage emergency and adopted a voluntary system-wide water use reduction of 10 percent from fiscal year 2019-2020 use; and WHEREAS, in response to the declared drought emergency, the State Water Board adopted emergency regulations, set forth in 23 California Code of Regulations section 995, effective January 18, 2022 for a one-year period, that prohibits wasteful water use practices statewide and enables any agency that has authority to enforce infractions to enforce these prohibitions at their discretion; and
WHEREAS, the State Water Board’s regulations prohibit among other things the following, except to the extent use is necessary to address an immediate health and safety need:
A. The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; B. The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
C. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! ATTACHMENT C Page J-1.13
D. The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
E. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses; F. The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
G. The use of potable water for irrigation of ornamental turf on public street medians.
WHEREAS, on March 1, 2022, in response to these actions, pursuant to authority granted under Water Code section 350 and Menlo Park Municipal Code section 7.35.020, the City Council of the City of Menlo Park adopted Resolution No. 6716 declaring a drought state of emergency, implementing Stage 1 measures of the City’s adopted 2020 Water Shortage Contingency Plan, adopting and providing for local enforcement of the State Water Board’s emergency regulations set forth in 23 California Code of Regulations section 995, and imposing the drought stage 1 surcharge effective for water bills issued July 2022, and setting forth penalties; and
WHEREAS, on March 28, 2022, the Governor adopted Executive Order N-7-22, requiring among other things that the State Water Board consider imposing emergency regulations that would require each urban water supplier implement, at a minimum, the Stage 2 shortage provisions of their adopted water shortage contingency plans and prohibiting irrigating nonfunctional turf, and the State Water Board has drafted, published, and will consider adopting [has adopted] such requirements on May 24, 2022, which requires action by the City Council by no later than June 10, 2022 [if adopted]; and
WHEREAS, the City Council finds that the conditions of drought and water shortage leading to the declaration of water shortage emergency by the City Council on March 1, 2022 continue to persist, and that in the interest of protecting public health and safety and ensuring the adequacy of the public water supply that the City Council must require the implementation of Stage 2 conservation measures in the adopted Water Shortage Contingency Plan, as well as additional conservation measures specified herein; and
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
1. The above recitals are true and accurate.
2. Pursuant to Menlo Park Municipal Code section 7.35.020, and for the reasons set forth in this recitals, the staff report, and the testimony of staff, the City Council declares that a water shortage emergency now exists throughout the area served by Menlo Park Municipal Water.
3. Pursuant to Menlo Park Municipal Code chapter 7.35, the City Council hereby adopts this resolution as its water conservation plan, determines that it is necessary to declare and implement drought stage 2 of the 2020 Water Shortage Contingency Plan and to implement the following drought surcharges, effective with July 2022 water use, which will appear on water bills issued in August 2022:
Fiscal year 2022-23 $1.40 per CCF
Resolution No. 6738
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Page J-1.14
4. Pursuant to Menlo Park Municipal Code section 7.35.020 and the adopted Water Shortage Contingency Plan, the following additional conservation measures are hereby imposed and required of all MPMW users:
a. Hotels and motels shall provide guests an option whether to launder towels and linens daily.
b. Restaurants and other food service operations shall serve water to customers only upon request.
c. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
d. Recreational water features shall be covered when not in use. e. Newly constructed homes and buildings must irrigate with drip or microspray only. f. Irrigating ornamental landscapes or turf with portable water is limited to no more than two days per week on the following schedule, except for hand watering:
i. Odd street addresses shall irrigate only on Tuesday and Saturday. ii. Even street addresses and properties without a street address may irrigate only on Wednesday and Sunday.
iii. Irrigation shall be prohibited during the hours of 8:00 a.m. to 6:00 p.m. iv. Exceptions to these restrictions may be granted upon review and approval of a drought response plan by the Public Works Director provided that such plan results in an equivalent or greater reduction in water use.
g. Hand watering shall be conducted with a hose fitted with an automatic shut-off nozzle or via some other device that ceases dispensing water immediately when not in use.
5. The City Council adopts the State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, Section 995, as set forth in Exhibit A and incorporated herein by reference, as part of the City’s adopted water conservation plan, and violations shall be subject to enforcement and penalties as provided herein.
6. In accordance with Title 23 California Code of Regulations, section 996(e), the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites, except to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. For purposes of this prohibition, “non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events, and does not include sports fields.
7. Violations of the regulations set forth above or otherwise adopted in this resolution shall be subject to the following penalties:
Violation Enforcement Action
1st Warning and education
2nd $50 fine
3rd $200 fine, and review by the Public Works Director (or his or her designee) to determine if a flow restricting device should be installed, in the Director’s discretion as may be necessary to deter water waste.
4th $500 fine, and review by the Public Works Director (or his or her designee) to determine if water service should be discontinued, in the Director’s discretion as may be necessary to deter water waste.
Resolution No. 6738
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Page J-1.15
Violators shall also be subject to the following charges for installation or removal of flow restricting devices and disconnection or reconnection of service.
Meter Size Charges
5/8” to 2” $155.00 Installation of flow restricting device $155.00 Removal of flow restricting device
3” or larger Actual cost Installation of flow restricting device Actual cost Removal of flow restricting device
All sizes $108.00 Disconnecting water service
$108.00 Reconnecting water service
8. This resolution shall become effective June 10, 2022, and shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution.
9. Resolution No. 6716 shall be rescinded as of June 10, 2022.
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-fourth day of May, 2022, by the following votes:
AYES: Combs, Mueller, Nash, Taylor, Wolosin
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-seventh day of May, 2022.
Judi A. Herren, City Clerk
Exhibits:
A. State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, Section 995
Resolution No. 6738
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Page J-1.16
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
EXHIBIT A Resolution No. 6738
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2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
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3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
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4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
Resolution No. 6738
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5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
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6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
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7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
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RESOLUTION NO. 6738
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK
ADOPTING WATER CONSERVATION PLAN PURSUANT TO MENLO PARK MUNICIPAL CODE CHAPTER 7.35 TO IMPLEMENT WATER SHORTAGE CONSERVATION PLAN STAGE 2 MEASURES
WHEREAS, on May 11, 2021, pursuant to its rate setting authority and in accordance with all applicable requirements under Proposition 218, the City Council adopted Resolution No. 6625 to approve MPMW’s five-year schedule of water rates, which included analysis and approval of drought surcharges in the proposed 2020 Water Shortage Contingency Plan; and WHEREAS, on May 25, 2021, the City Council adopted its 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan, as required by the California Water Code, and which includes six drought stages; and
WHEREAS, on April 21, May 10, and July 8, 2021, Governor Newson issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and WHEREAS, on October 19, 2021, Governor Newsom’s emergency drought proclamation expanded the drought emergency statewide and encouraged the State Water Board to supplement voluntary conservation measures by prohibiting certain wasteful water uses; and WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission (“SFPUC”) declared a water shortage emergency and adopted a voluntary system-wide water use reduction of 10 percent from fiscal year 2019-2020 use; and WHEREAS, in response to the declared drought emergency, the State Water Board adopted emergency regulations, set forth in 23 California Code of Regulations section 995, effective January 18, 2022 for a one-year period, that prohibits wasteful water use practices statewide and enables any agency that has authority to enforce infractions to enforce these prohibitions at their discretion; and
WHEREAS, the State Water Board’s regulations prohibit among other things the following, except to the extent use is necessary to address an immediate health and safety need:
A. The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; B. The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
C. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Proposed amendments are shown in red text
ATTACHMENT D Page J-1.24
D. The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
E. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses; F. The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
G. The use of potable water for irrigation of ornamental turf on public street medians.
WHEREAS, on March 1, 2022, in response to these actions, pursuant to authority granted under Water Code section 350 and Menlo Park Municipal Code section 7.35.020, the City Council of the City of Menlo Park adopted Resolution No. 6716 declaring a drought state of emergency, implementing Stage 1 measures of the City’s adopted 2020 Water Shortage Contingency Plan, adopting and providing for local enforcement of the State Water Board’s emergency regulations set forth in 23 California Code of Regulations section 995, and imposing the drought stage 1 surcharge effective for water bills issued July 2022, and setting forth penalties; and
WHEREAS, on March 28, 2022, the Governor adopted Executive Order N-7-22, requiring among other things that the State Water Board consider imposing emergency regulations that would require each urban water supplier implement, at a minimum, the Stage 2 shortage provisions of their adopted water shortage contingency plans and prohibiting irrigating nonfunctional turf, and the State Water Board has drafted, published, and will consider adopting [has adopted] such requirements on May 24, 2022, which requires action by the City Council by no later than June 10, 2022 [if adopted]; and
WHEREAS, the City Council finds that the conditions of drought and water shortage leading to the declaration of water shortage emergency by the City Council on March 1, 2022 continue to persist, and that in the interest of protecting public health and safety and ensuring the adequacy of the public water supply that the City Council must require the implementation of Stage 2 conservation measures in the adopted Water Shortage Contingency Plan, as well as additional conservation measures specified herein; and
NOW, THEREFORE, BE IT RESOLVED, by the Menlo Park City Council that:
1. The above recitals are true and accurate.
2. Pursuant to Menlo Park Municipal Code section 7.35.020, and for the reasons set forth in this recitals, the staff report, and the testimony of staff, the City Council declares that a water shortage emergency now exists throughout the area served by Menlo Park Municipal Water.
3. Pursuant to Menlo Park Municipal Code chapter 7.35, the City Council hereby adopts this resolution as its water conservation plan, determines that it is necessary to declare and implement drought stage 2 of the 2020 Water Shortage Contingency Plan and to implement the following drought surcharges, effective with July 2022 water use, which will appear on water bills issued in August 2022:
Fiscal year 2022-23 $1.40 per CCF
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4. Pursuant to Menlo Park Municipal Code section 7.35.020 and the adopted Water Shortage Contingency Plan, the following additional conservation measures are hereby imposed and required of all MPMW users:
a. Hotels and motels shall provide guests an option whether to launder towels and linens daily.
b. Restaurants and other food service operations shall serve water to customers only upon request.
c. Broken or defective plumbing and irrigation systems must be repaired or replaced within a reasonable period, not exceeding seven days.
d. Recreational water features shall be covered when not in use. e. Newly constructed homes and buildings must irrigate with drip or microspray only. f. Irrigating ornamental landscapes or turf with portable water is limited to no more than two days per week on the following schedule, except for hand watering:
i. Odd street addresses shall irrigate only on Tuesday and Saturday. ii. Even street addresses and properties without a street address may irrigate only on Wednesday and Sunday.
iii. Irrigation shall be prohibited during the hours of 8:00 a.m. to 6:00 p.m. iv. Exceptions to these restrictions may be granted upon review and approval of a drought response plan by the Public Works Director provided that such plan results in an equivalent or greater reduction in water use.
g. Hand watering shall be conducted with a hose fitted with an automatic shut-off nozzle or via some other device that ceases dispensing water immediately when not in use.
5. The City Council adopts the State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, Section 995, as set forth in Exhibit A and incorporated herein by reference, as part of the City’s adopted water conservation plan, and violations shall be subject to enforcement and penalties as provided herein.
6. In accordance with Title 23 California Code of Regulations, section 996(e), the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites, except to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. For purposes of this prohibition, “non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events, and does not include sports fields.
7. Violations of the regulations set forth above or otherwise adopted in this resolution shall be subject to the following penalties:
Violation Enforcement Action
1st Warning and education
2nd $50 fine
3rd $200 fine, and review by the Public Works Director (or his or her designee) to determine if a flow restricting device should be installed, in the Director’s discretion as may be necessary to deter water waste.
4th $500 fine, and review by the Public Works Director (or his or her designee) to determine if water service should be discontinued, in the Director’s discretion as may be necessary to deter water waste.
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Violators shall also be subject to the following charges for installation or removal of flow restricting devices and disconnection or reconnection of service.
Meter Size Charges
5/8” to 2” $155.00 Installation of flow restricting device $155.00 Removal of flow restricting device
3” or larger Actual cost Installation of flow restricting device Actual cost Removal of flow restricting device
All sizes $108.00 Disconnecting water service
$108.00 Reconnecting water service
8. This resolution shall become effective June 10, 2022, and shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution.
9. Resolution No. 6716 shall be rescinded as of June 10, 2022.
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 twenty-fourth day of May, 2022, by the following votes:
AYES: Combs, Mueller, Nash, Taylor, Wolosin
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this twenty-seventh day of May, 2022.
Judi A. Herren, City Clerk
Exhibits:
A. State Water Board’s emergency regulations as set forth in Title 23 California Code of Regulations, Section 995
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STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
EXHIBIT A Resolution No. 6738
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2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
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3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
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4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
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5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
Resolution No. 6738
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Page J-1.32
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
Resolution No. 6738
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Page J-1.33
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
Resolution No. 6738
+608/325Ā,5914671Ā.+'Ā %+) %**Ȁ&"$$Ȁ"&+$Ȁ)$(,Ȁ",)-!#!%#%*! Page J-1.34
Regulation expiration dates
Staff recommendation
Who/What When in effect Prohibitions
State Water Board
regulations for urban water
suppliers to implement
Stage 2 of their Water
Shortage Contingency
Plans
Effective until June 10,
2023, unless the State
Water Board modifies,
extends, or ends them.
• Watering “non-functional turf” in
commercial, industrial, and institutional
areas, including common areas of
homeowners’ associations (HOAs).
• Newly constructed homes and buildings
must irrigate with drip or microspray only.
• Irrigating outdoor ornamental landscapes
or turf with potable water more than two (2)
days per week, except for hand watering.
State Water Board
regulations to ban wasteful
water practices
Effective until
December 21, 2023,
unless the State Water
Board modifies,
extends, or ends them.
• Applying water to outdoor landscapes that
cause more than incidental runoff (e.g.,
excessive application, negligence,
intentional overflow).
• Washing vehicles without an automatic
shut-off nozzle.
• Washing impervious areas unless it
addresses an immediate health and safety
need.
• Using potable water for street cleaning or
construction site preparation purposes
unless no other method is available (e.g.,
mixing concrete) or as needed to protect
the health and safety of the public.
• Using/filling/topping off decorative
fountains, lakes, or ponds with potable
water unless pumps recirculate water.
• Irrigating turf and ornamental landscapes
within 48 hours of measurable rainfall (1/4”
of rainfall) - does not apply to trees.
• Irrigating turf on public medians.
City Council adopted
regulations
Effective until the City
Council ends them.
Additional regulations:
• Stage 2 drought surcharges
• Hotels and motels shall provide guests an
option whether to launder towels and
linens daily.
• Restaurants and other food service
operations shall serve water to customers
only upon request.
• Broken or defective plumbing and irrigation
systems must be repaired or replaced
within a reasonable period, not exceeding
seven days.
• Recreational water features shall be
covered when not in use.
Page J-1.35 ATTACHMENT E
Administrative Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov
STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-127-CC
Regular Business: Resolution to reduce the Utility Users Tax Recommendation
Staff recommends the City Council adopt a resolution reducing the Utility Users Tax to zero percent (0%) pursuant to Section 3.14.130 of the Menlo Park Municipal Code.
Policy Issues
Menlo Park Municipal Code §3.14.130 allows the City by resolution and upon a majority vote of the City Council, to temporarily reduce the Utility Users Tax percentage Background
Ordinance No. 950 of the City Council of the City of Menlo Park, Adopting a Utility Users Tax (the “Tax”), became effective upon approval by a majority of voters at the General Election of Nov. 7, 2006. Ordinance No. 950 established Chapter 3.14 of the City of Menlo Park Municipal Code, known as the “Utility Users Tax Ordinance,” which imposed a communication users tax at a rate of 2.5%, an electricity users tax at a rate of
3.5%, a gas tax at the rate of 3.5%, and a water users tax at the rate of 3.5%.
Analysis
On Dec. 28, 2021, Petitioners, in the case of David Fogel et al. v. City of Menlo Park (Case No. 21-CIV06674) (the “Case”) filed a Complaint for Declaratory and Injunctive Relief and Tax Refund in the San Mateo County Superior Court. On April 26, 2023, the Court issued a Statement of Decision in the Case. The Court found that the Tax terminated Dec. 31, 2016, because the City had not made requisite findings to continue the Tax pursuant to the Utilities Users Tax Ordinance.
The Court has not issued a final judgment or injunction invalidating the Tax or ordering the City to cease collection of the Tax, but the City anticipates that the Court may subsequently do so pursuant to the Statement of Decision. Given this, staff recommends the City Council reduce the Tax to zero percent (0%) because the City will likely be required to refund any future Tax revenues that it collects.
Pursuant to Municipal Code §3.14.130, reduction of the Tax rate to a rate of zero percent would be effective for a period of no more than 12 months, at which point the City would need to extend the reduction of the Tax rate to zero percent if it wished to retain the zero percent tax rate. Following adoption of this resolution, City staff will provide notice to utility providers pursuant to Public Utilities Code §799(a)(5) and the reduction in the Utility User’s Tax rate would become effective on the earliest date possible following notification, but no later than 60 days following notification.
AGENDA ITEM J-2 Page J-2.1
Staff Report #: 23-127-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Impact on City Resources
Reduction of the Tax to zero percent removes approximately $1.6 million in annual revenue from the General Fund moving forward. The City’s proposed 2023-24 budget will not include any revenues from the Tax; therefore, the City has is accounting and budgeting for the assumption that the City would cease to collect the Tax.
Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. Resolution
Report prepared by:
Brittany K. Mello, Administrative Services Director
Report reviewed by:
Nira Doherty, City Attorney
Page J-2.2
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK REDUCING THE UTILITY USERS TAX TO ZERO PERCENT (0%) PURSUANT TO SECTION 3.14.130 OF THE MENLO PARK MUNICIPAL CODE
WHEREAS, Ordinance No. 950 of the City Council of the City of Menlo Park, adopting a Utility Users Tax (the “Tax”), became effective upon approval by a majority of voters at the General Election of November 7, 2006; and
WHEREAS, Ordinance No. 950 established Chapter 3.14 of the City of Menlo Park Municipal Code, known as the “Utility Users Tax Ordinance,” which imposed a communication users tax at a rate of 2.5 percent, an electricity users tax at a rate of 3.5 percent, a gas tax at the rate of 3.5 percent, and a water users tax at the rate of 3.5 percent; and WHEREAS, Menlo Park Municipal Code section 3.14.130 allows the City by resolution and upon a majority vote of the City Council, to temporarily reduce the Tax percentage; and WHEREAS, on December 28, 2021, Petitioners, in the case of David Fogel et al. v. City of Menlo Park (Case No. 21-CIV-06674) (the “Case”) filed a Complaint for Declaratory and Injunctive Relief and Tax Refund in the San Mateo County Superior Court; and WHEREAS, on April 26, 2023, the Court issued a Statement of Decision in the Case; and WHEREAS, the Court found that the Tax terminated on December 31, 2016, because the City had not made requisite findings to continue the Tax pursuant to the Utilities Users Tax Ordinance;
WHEREAS, the Court has not issued a final judgment or injunction invalidating the Tax or ordering the City to cease collection of the Tax, but the City anticipates that the Court may subsequently do so pursuant to the Statement of Decision; WHEREAS, the temporary tax reduction shall not adversely affect the City’s ability to meet its financial obligations as contemplated in its current or its proposed budget because, in response to the Statement of Decision, the City’s proposed budget does not include any revenues from the Tax and because the City will likely be required to refund any future Tax revenues that it collects, so the City’s financial position will most likely be the same if the City ceases to collect the Tax as it would be if the City continued to collect the Tax at its current rate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menlo Park 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 at its regular meeting of May 23, 2023 hereby establishes a reduction in the Utility Users’ Tax rate to a rate of zero percent (0%) for a period of no more than twelve (12) months. Said reduction in the Utility User’s Tax rate shall become effective on the earliest date possible following notification by the City pursuant to Public Utilities Code section 799(a)(5). No other provisions of the Utility Users’ Tax Ordinance are affected by this Resolution. Nothing herein shall preclude the City Council from modifying the Tax rate set herein during said twelve-month period.
Page J-2.3 ATTACHMENT A
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 twenty-third day of May, 2023, 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 May, 2023.
Judi A. Herren, City Clerk
Page J-2.4
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov
STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-128-CC
Informational Item: City Council agenda topics: May 30 – June 27 Recommendation
The purpose of this informational item is to provide the City Council and members of the public access to the anticipated agenda items that will be presented to the City Council. The mayor and city manager set the City Council agenda so there is no action required of the City Council as a result of this informational item.
Policy Issues
In accordance with the City Council procedures manual, the mayor and city manager set the agenda for City Council meetings.
Analysis
In an effort to provide greater access to the City Council’s future agenda items, staff has compiled a listing of anticipated agenda items, Attachment A, through June 27. The topics are arranged by department to help identify the work group most impacted by the agenda item.
Specific dates are not provided in the attachment due to a number of factors that influence the City Council agenda preparation process. In their agenda management, the mayor and city manager strive to compile an agenda that is most responsive to the City Council’s adopted priorities and work plan while also balancing the business needs of the organization. Certain agenda items, such as appeals or State mandated reporting, must be scheduled by a certain date to ensure compliance. In addition, the meeting agendas are managed to allow the greatest opportunity for public input while also allowing the meeting to conclude around 11 p.m. Every effort is made to avoid scheduling two matters that may be contentious to allow the City Council sufficient time to fully discuss the matter before the City Council.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. City Council agenda topics: May 30 – June 27
Report prepared by:
Judi A. Herren, Assistant to the City Manager/City Clerk AGENDA ITEM K-1 Page K-1.1
Through June 27
Tentative City Council Agenda
# Title Department Item type City Council action1 Authorize the city manager to execute an investment advisor professional services agreement ASD Consent Contract award or amend2 Adopt Successor Labor Agreements with SEIU and AFSCME ASD Regular Adopt resolution3 Fiscal Year 2023-24 Budget and Capital Improvement Plan Adoption ASD Regular Adopt resolution4 Fiscal Year 23-24 Budget Public Hearing ASD Public Hearing Direction to staff 5 Closed session: Labor ASD, CA Closed Session No action 6 Environmental Justice and Safety Elements Study Session CDD Study Session Direction to staff 7 Review and authorize staff to submit the revised Housing Element to HCD CDD Regular Direction to staff 8 Authorize the Mayor to sign a letter on behalf of the City Council to SM County re: Flood School Flood Park CMO Consent Approve 9 First read and intro administrative citation ordinance CMO Regular First read/intro ordinance 10 Proclamation: Recognizing June 2022 as Pride Month CMO Proclamation No action 11 Proclamation: Recognizing Juneteenth Day CMO Proclamation No action12 Transmittal of city attorney billing (Apr 2023) CMO Informational No action13 City Council policy CC-23-004 Environmental Quality Commission and Finance and Audit Committee updates CMO Consent Adopt resolution 14 First reading and intro zero emission landscaping equipment (ZELE) and approve an electric landscaping equipment rebate program ordinance CMO Regular First read/intro ordinance 15 Waive the second reading and adopt of the Zero Emission Landscaping Equipment (ZELE) Ordinance and adopt a resolution CMO Consent Second read/adopt ordinance 16 Aquatics operator agreement LCS Regular Contract award or amend17 First reading and intro of Safe Storage ordinance PD Regular First read/intro ordinance18 Police Department AB 481 Annual Review and Ordinance Renewal PD Regular Receive and file, Adopt resolution 19 Police department quarterly update – Q1 January 2023 - March 2023 PD Informational Receive and file 20 Adopt a resolution identifying streets to be resurfaced utilizing SB1 funds in fy23-24 PW Consent Adopt resolution 21 Adopt a resolution overruling protests and ordering the levy and collection of assessments for Landscape Assessment District for FY23-24 PW Public Hearing Adopt resolution 22 Authorize the city manager to enter into a five-year agreement for the Preventative Maintenance and Repair Services for HVAC within City buildings PW Consent Contract award or amend 23 Award of construction contract for Haven Avenue Streetscape project PW Consent Contract award or amend24 Joint meeting the Menlo Park Fire Protection District Various Regular No action ASD-Administrative Services
CMO- City Manager's Office
CDD-Community Development
LCS-Library and Community Services
PD-Police
PW-Public Works
ATTACHMENT A
Page K-1.2
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-129-CC
Informational Item: Progress report on implementing the 2030 Climate Action Plan
Recommendation
This is an informational item and does not require City Council action.
Policy Issues
In 2019, the City Council declared a climate emergency (Resolution No. 6535) committing to catalyze accelerated climate action implementation. In July 2020, the City adopted the 2030 Climate Action Plan (CAP) with a bold goal to be carbon neutral by 2030 (Attachment A).
Background
This year the City Council has prioritized CAP implementation as one of five top priorities. The purpose of this report is to provide information on CAP progress and activities over the next year. High level progress on the CAP was provided by staff on a quarterly basis as part of the City Council’s priorities and work plan progress reports throughout 2022. A specific staff report was provided to the City Council in March 2022 for three of the six CAP strategies (Attachment B). A formal progress report on the CAP is planned for early 2024, and is typically undertaken every one to three years based upon implementing City Council CAP priorities and available staff resources. The last formal progress report was completed Oct. 12, 2021 (Attachment C).
Analysis
The CAP has six strategies to begin on a path to be carbon neutral by 2030:
1. Explore policy/program options to electrify 95% of existing buildings by 2030
2. Set citywide goal for increasing electric vehicles (EVs) and decreasing gasoline sales
3. Expand access to EV charging for multifamily and commercial properties
4. Reduce vehicle miles traveled (VMT) by 25%
5. Eliminate the use of fossil fuels from municipal operations
6. Develop a climate adaptation plan to protect the community from sea level rise and flooding The CAP defines carbon neutral as achieving a 90% reduction in community and municipal greenhouse gas emissions from 2005 levels, and eliminating the remaining 10% of emissions through direct carbon removal measures. In 2005, Menlo Park’s greenhouse gas emissions totaled 350,000 tons.
Climate action beyond Menlo Park
There’s been both good and bad news regarding climate change. The most recent 2023 report from the AGENDA ITEM K-2 Page K-2.1
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org United Nations Intergovernmental Panel on Climate Change (IPCC) indicates that global temperature will reach or surpass 1.5 degrees C (2.7 degrees F) before 2037, continuing to cause significant negative impacts on quality of life, health and safety, and on economies. Deeper reductions are required immediately to not exceed 1.5 degrees with the report identifying the following global greenhouse gas emission reduction needs:
• 43% reduction from 2019 levels by 2030
• 60% reduction from 2019 levels by 2035
• 69% reduction from 2019 by 2040
The report calls for a rapid shift away from burning fossil fuels and to invest significantly in climate adaptation and resiliency strategies.
Federal, state, and regional government agencies recognize the dire situation, and over the years continue to provide funding and adopt policies and programs to help local governments and individuals address climate change. Examples include:
• Peninsula Clean Energy (PCE) providing 100% greenhouse gas free electricity to customers in San Mateo County (including Menlo Park) and offering technical assistance, incentives, and financing programs for building electrification, EVs and EV charging stations. • Bay Area Regional Energy Network (BayREN) building electrification incentives, resources and workforce training.
• State of California approved significant funding to incentivize the installation of heat pumps through the TECH Clean California program.
• The Bay Area Air Quality Management District will prohibit the sale of gas-fired water heating and space heating equipment starting in 2027.
• State of California will prohibit the sale of gas powered gardening equipment starting Jan. 1, 2024. • The Inflation Reduction Act provides incentives to individuals and businesses to transition to clean energy equipment and vehicles.
• Formation of the San Mateo County Flood and Sea Level Rise Resiliency District, known as OneShoreline.
The climate action activities from outside agencies and higher levels of government help support Menlo Park in reaching its 2030 CAP goal and can be leveraged by Menlo Park to create additional complimentary policies, programs, and outreach to accelerate greenhouse gas reductions. Menlo Park continues to have lasting leadership impacts due to its aggressive climate goal to be carbon neutral by 2030. To date, over 60 cities have adopted Menlo Park’s electrification requirements in new buildings. Menlo Park is also at the forefront of eliminating fossil fuels from its city operations by 2030.
Staff resources, work streams and volunteer support
Up until recently the Sustainability Division had not been fully staffed since the CAP was adopted in July 2020. The Sustainability Manager primarily works on implementing CAP strategy No. 1 to electrify existing buildings as described later in this report. Other activities include securing funding and financing opportunities for CAP activities, supporting education and outreach activities led by other organizations and volunteers, supporting City sponsored events such as Arbor Day and Earth Day, managing and coaching sustainability staff, managing relationships with advocacy organizations and supporting Environmental Quality Commission (EQC) activities and agenda items. In addition, the sustainability manager has been leading the policy development of proposed zero emission landscaping equipment (ZELE) rules.
A management analyst was hired in March 2022 and is working on CAP strategy No. 5 to eliminate fossil Page K-2.2
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org fuels from city operations. Although the intent for the position was to initially focus on building electrification education and outreach, a group of citizen volunteers that included three EQC members offered to provide outreach and education to the community. To date, staff have supported the volunteers in securing meeting venues where possible, researching rules and processes for city participation, and continue to promote their events and meetings using available City communication tools. See Attachment D for a list of educational and outreach efforts provided to date.
The volunteer education efforts increased capacity for the newly hired management analyst to take advantage of time sensitive technical and financial assistance programs to electrify city owned buildings and vehicles and support identifying operational and upfront cost saving opportunities. It also aligns with the EQC and City Council’s preference for the City to lead the community in showcasing the ability to be carbon neutral by 2030. Details regarding this work stream are described later in this report.
A second management analyst was hired in February 2023 to focus on climate adaptation and resiliency efforts over the long term (CAP strategy goal No. 6), and is also supporting outreach and education for gas powered gardening equipment rules and building electrification, and applying for multiple grant opportunities for expediting permit issuance of solar projects (CalAPP Grant program) and funding to install public EV charging.
Building electrification activities (CAP strategy No. 1) The following activities have been undertaken since the last update to the City Council in March 2022, and highlights have been included in the quarterly City Council reports up to December 2022:
• Spring 2022: Staff supported Menlo Spark in submitting an application for a $1 million grant from ICLEI (Local Governments for Sustainability) that would support BlocPower and reduce project costs for low to moderate income building owners who want to electrify. Ultimately, the grant was not awarded to the City or Menlo Spark.
• March 2022: Recommendations on new and existing building electrification requirements were presented to the EQC.
• EQC supported staff recommendations and added additional measures for the City Council to consider. However, the EQC requested that staff delay presenting to the City Council until the release of model reach codes from the Bay Area Reach Code Initiative. • The Bay Area Reach Code Initiative released model codes in June 2022. • Staff met with City Council CAP subcommittee (Mayor Wolosin and City Councilmember Nash) four times in the spring and summer of 2022 on proposed measures and provided a comparison table of staff, EQC, and the Bay Area Reach Code initiative recommendations. • The subcommittee supported moving forward with re-adopting the City’s current requirements for new buildings and enhancing EV charging requirements for new construction, and decided to reconvene with staff in late 2022 to work on existing building electrification requirements. • June 2022: City Council adopted a resolution of support to promote BlocPower services in the community.
• August 2022: City Council approved a permit fee waiver and credit program for existing building projects that involve electrification or EV charging.
• Over the next several months, staff incorporated the program into the City’s online building permit system.
• Staff expanded the criteria to allow a greater range of electrification projects to be eligible for the waiver/credit consistent with the intent. The following projects are now included:
• Homes that do not have a central heating system (HVAC system), but applicant chooses to Page K-2.3
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org install an electric heating system instead of a gas central heating system. • Air conditioners that use a reverse valve that allows electric heating in the winter. • A $250 permit fee credit for incorporating 1 electrification element into the project with other building improvements (e.g., kitchen remodel that includes a water heater gas to electric conversion) or $500 credit for more than 1 electrification element incorporated into a project scope (e.g., panel upgrade, EV charging, electric water heating with a kitchen remodel). • To date, $11,446.26 in permit fee waivers and credits have been provided for:
• Twenty-eight gas to electric/heat pump water heater conversions • Nine gas to electric/heat pump space heating (HVAC) conversions • Ten electrical panel upgrades to support future electrification • Four EV chargers installations
• One back up battery installations
• November 2022: City Council readopted the City’s previous electrification requirements for new buildings as part of the new building code cycle that started Jan. 1. • January 2023: Presented to the EQC proposed rule changes to allow electrification equipment to be located in garages and protective enclosures within required side and rear yard setbacks for existing single-family homes to help facilitate electrification and support permit streamlining. • February 2023: Staff met with the City Council CAP subcommittee three times in February to discuss potential electrification requirements for existing buildings for an upcoming City Council study session. • April 2023: Applied for the CalAPP grant and reserved $40,000 in funding to implement online permit issuance of solar projects.
• May 2023: Presented public education and outreach ideas to the EQC, and received supportive feedback from the commission to implement.
• Sustainability and Building Division staff worked on developing webpage materials to provide information about electrification incentives, rebates, and resources on how to electrify. New webpages were posted to identify permit submittal requirements more clearly to help streamline project review.
Work planned for the remainder of this calendar year includes:
• Continue to promote the volunteer-led community collaboration discussions and other relevant and credible sources of education and outreach resources, such as the City of San Jose May webinar series on building electrification.
• Implement public education and outreach activities for existing building electrification. • Begin program planning to expend $4.5 million from the California Energy Commission for communitywide electrification efforts:
• Present options to the EQC (anticipated June 2023)
• Present options at a City Council study session
• Implement programs based on City Council direction
• Continue policy work for developing electrification requirements for existing buildings. • Planning Commission and City Council meetings to consider adopting modifications to garage and yard space clearance requirements to allow greater flexibility to install electrification equipment, particularly for heat pump water heaters that cannot be located in the same location due to upsizing tank. • Continue to update relevant City webpages to include incentive, updated permit processes, and how to electrify your home or business.
• Continue to work on streamlining the electrification building permit process by engaging with other cities on their permit process, and enhancing internal plan checking processes.
Page K-2.4
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Support the Building Division in obtaining the CalAPP grant.
Set citywide goal for increasing EVs and decreasing gasoline sales (CAP strategy No. 2) Implementation of this strategy was to announce and promote goals of 1) increasing the purchase of all new vehicles to be electric by 2025 and 2) reducing gasoline sales each year by 10%, based on the total reported in 2018, and track progress on both goals publicly on an annual basis.
Coltura, a nonprofit, was implementing this strategy on behalf of the City. Staff is exploring how to use some of the information provided on Coltura’s website and other government sources to include in the upcoming formal progress report in early 2024.
Expand access to EV charging for multifamily and commercial properties (CAP strategy No. 3) In August 2022, the City Council approved a permit fee waiver and credit program for existing building projects that involve EV charging. The 2022 building code update that was adopted by the City Council in November 2022 included enhanced EV charging requirements for new (not existing) multifamily and commercial developments. Implementation of the enhanced requirements began Jan. 1. The Menlo Park Community Campus (MPCC) project will also include 27 EV charging spaces that will be installed in 2023.
Installing EV charging for existing multifamily properties (condos and apartments) continues to be challenging. 40% of Menlo Park residents live in multifamily unit properties with shared parking, and less than 1% have access to at-home charging. At-home charging is the most significant deciding factor in whether someone determines to purchase or continue to use an EV. Staff provided a detailed analysis on this topic in October 2020. Incentivizing at-home charging for multifamily properties, particularly for existing rental apartments, will be a key component in reaching Menlo Park’s 2030 climate goal. The City may want to consider a similar approach to the City of San Carlos which offers a matching incentive to PCE’s EV charging rebate for existing multifamily properties.
City Council directed that staff resources be used to monitor the effectiveness of state and regional charging infrastructure incentives, and the City will promote/market the incentives to multifamily property owners using existing databases and communication mediums.
Marketing efforts were undertaken in fall 2021, and have continued as outlined in Attachment D. PCE also promotes incentives in Menlo Park. The marketing efforts have had a small impact on increasing participation in EV charging incentive programs. To date, six condo properties in Menlo Park have begun to install a small amount of EV chargers. Rental apartments with shared parking have had little to no participation.
Work planned for the remainder of this calendar year includes:
• Present updated information to the EQC on existing multifamily participation in PCE’s EV charging rebate program, share information about the City of San Carlos matching incentive, and receive advice on increasing participation
• Present a recommendation to the City Council on how to increase installing EV charging at existing multifamily properties
• Continue to apply for public EV charging grants
Reduce VMT by 25% (CAP strategy No. 4)
The City works to reduce VMT by (1) building connected and safer multimodal transportation networks that make walking and bicycling more viable for more trips locally and regionally; (2) applying and updating transportation demand management (TDM) requirements to help produce development that is not Page K-2.5
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org dependent on single occupant vehicles; (3) operating programs, including the shuttle program and safe routes to school to enhance transportation options for students, commuters and transit dependent populations; and (4) by developing land use plans to incorporate mixed use, transit-oriented development and housing near jobs that will reduce the demand for vehicle trips.
Eliminate the use of fossil fuels from municipal operations (CAP strategy No.5) The following activities have been undertaken since the last update to the City Council in March 2022:
• Continuing to support project management and related contracts to install clean energy infrastructure for the MPCC project that includes solar and battery storage, electric heat pumps for pool heating, and 27 public EV charging spaces.
• Secured $120,000 EV charging incentive from PCE
• Submitted an application to the California Public Utility Commission (CPUC) Self-Generation Incentive Program (SGIP) requesting $367,200 in incentives over the life of the project • MPCC start of operations expected in 2024
• Replaced existing natural gas appliances and equipment that reached the end of its life, including water heater at the City’s corporation yard and clothes dryers at the child care centers • Secured $110,871 incentive through PG&Es Government/ K-12 program, covering 100% of project cost to convert nine water heaters from gas to electric heat pumps at eight city-owned buildings. Installations are expected to be completed by fall 2023.
• Working with PCE to identify further funding and financing for municipal electrification and EV charging projects.
• Completed Facilities Conditions Assessments (FCAs) to inventory and evaluate the condition and replacement timeline of buildings and equipment for all City facilities in December 2022 • High priority gas equipment reaching the end of its life within five years include:
• Burgess Aquatic Center pool heater
• Five Belle Haven Child Development Center furnaces
• Two Corporation yard furnaces
• Two Arrillaga Family Gymnasium tankless water heaters • Two Arrillaga Family Recreation Center water heaters
• Two Rosener House water heaters (leased facility)
• Menlo Children Center water heater
• Gate House water heater and two furnaces (leased facility) • Analyzed Burgess Aquatic Center pool heating electrification options • Pool heating equipment is expected to reach the end of its life in the next two years • Project to explore options for the Burgess Campus is anticipated to be proposed in the five-year capital improvement program budget
• Estimated cost to electrify is $1.8 million
• Working on securing a $450,000 incentive from PG&E Government/K-12 Program • Working with PCE to pilot a cash incentive and financing program for electrification for public pool heating equipment
• Launched the Tesla police patrol pilot program
• Addressing fleet EV charging needs
• This is an immediate and urgent need to comply with the City Council goal to be carbon neutral by 2030. There is currently not enough charging to support the City’s existing EVs or future purchases. • Developed a fleet EV charging plan that involves two phases with a mix of level 2 chargers with 7-19 kW output and direct current fast chargers (DCFC) with 22-100 kW output Page K-2.6
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Immediate phase installing the following number of ports:
• Corporation yard lot
• Two battery-integrated direct current fast charger (DCFC) ports • Two Level 2 ports
• City hall PD lot
• Two battery-integrated direct current fast charger (DCFC) ports • Six low-power DCFC ports
• City Council Chambers lot
• Two Level 2 ports
• Later phase
• Corporation yard lot
• Two expandable DCFC ports
• Two battery-integrated DCFC ports
• City hall PD lot
• Four low-power DCFC ports
• City Council Chambers lot
• Three Level 2 ports
• Presented Fleet EV charging plan to the EQC in January 2023 • Submitted applications for technical assistance and funding programs through PCE in December 2022 and Pacific Gas and Electric (PG&E) in April 2023
• Solar and battery storage projects at city facilities • Supports minimizing increases in operational cost as a result of building electrification projects • Working extensively with PCE staff on potential power purchase agreements to install solar and battery storage at eight city buildings
• Site analysis performed in February 2023
• Submitted interconnect applications to PG&E in April 2023, qualifying the city to receive greater incentives from the state for producing renewable energy (Net Energy Metering 2.0). • Assessing vehicle replacement purchases consistent with the Sustainable Fleet Policy and 2030 carbon neutral goal
• Vehicle purchase presented to the EQC at a special meeting Aug. 31, 2022 • The EQC recommended approval of the police department purchases and for staff to look into further alternatives for public works fossil fuel equipment purchases (particularly for a field lawnmower).
• Public works incorporated additional electric equipment that was approved by the City Council Oct. 11, 2022
• Approved purchases included:
• Five electric non-patrol police vehicles
• Three lower emission police traffic enforcement motorcycles • Three electric light-duty public works trucks
• Electric reel mower for parks (found through additional research following EQC direction) • Four pieces of renewable diesel powered equipment (chipper, vibratory roller, farm tractor, stump grinder)
• Ongoing analysis on:
• How and when to transition fossil fuel equipment and vehicles for city operations to be carbon neutral by 2030
• Exploring solutions to reduce upfront costs and utility bill increases for city operations Page K-2.7
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Work planned for the remainder of this calendar year includes:
• Create plan to convert handheld gas powered landscaping equipment, particularly leaf blowers and string trimmers, in City operations
• Plan for implementation of immediate phase of EV charging project • Develop request for proposals (RFPs) for the Burgess Campus and Belle Haven Child Development Center electrification projects, and the Corporation Yard Needs Assessment which would incorporate options for improved energy and water efficiency
• Present final findings from the Tesla police patrol pilot to the EQC and City Council • Support vehicle and equipment replacement purchase research and selection • Review and determine whether to proceed with the Solar and Battery Program offerings from PCE • Evaluate ongoing water heater replacement incentive offerings to limit costs for the City to electrify • Project management and support for the immediate EV charging plan through construction Develop a climate adaptation plan to protect the community from sea level rise and flooding (CAP strategy No.6)
In 2021, the City Council provided the following direction on the scope of work for this goal:
• Update the Safety Element in Menlo Park’s General Plan to bring it into compliance with recent changes in General Plan law, including Senate Bill 379 (Climate Adaptation and Resiliency) • Continue progress on the Menlo Park SAFER Bay grant application • Continue to participate in and monitor OneShoreline
• Hold a City Council study session by July 2021 on the City’s local hazard mitigation plan Since that time, significant progress was made on sea level rise protection as follows:
• July 2021: Received notification from the Federal Emergency Management Agency and California Office of Emergency Services (CalOES) that the $67 million Menlo Park SAFER Bay grant application to the FEMA BRIC program was selected for further review. Staff responded to requests for information from CalOES and FEMA throughout 2021 and 2022 as they were received. • October 2021: Responded to the San Mateo County grand jury report on sea level rise. • November 2021: City Council provided direction to return with a staffing request (1.0 provisional FTE) to support this project.
• January 2022: City Council adopted a resolution affirming the City’s role in leading the FEMA BRIC grant, if awarded, and authorized execution of a memorandum of understanding with funding and technical project partners, the San Francisquito Creek Joint Powers Authority (SFCJPA), Meta and PG&E. The agreement outlines SFCJPA’s role in the overall project and completing programmatic environmental clearance, while the City would be responsible for project-level environmental clearance. • May 2022: Staff participated in the SFCJPA’s notice of preparation and scoping sessions for programmatic environmental clearance for SAFER Bay.
• June 2022: City Council authorized the staffing request (1.0 provisional FTE) for this project. Pending formal award of the grant, this position is still vacant as of May 2023. • On May 16, staff received a notice of award of grant funds from FEMA for the first phase of Menlo Park SAFER Bay. A kick-off meeting with FEMA and CalOES is scheduled for the week of May 23. The fiveyear capital improvement program shows the anticipated expenditures over the next five years for this project.
Throughout the last two years, staff has also continued to monitor and engage with OneShoreline including efforts to:
Page K-2.8
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org • Pursue options to advance shoreline protection in the remaining areas along Menlo Park’s shoreline, with a focus on the area north and west of Bedwell Bayfront Park adjacent to Redwood City. • Complete construction of the Bayfront Canal and Atherton Channel flood protection project in 2022. • Review and comment on the draft sample ordinances OneShoreline released in April 2023 for sea level rise and stormwater considerations.
• Monitor OneShoreline board meeting activities
• Respond to the San Mateo County grand jury report on sea level rise Flood protection efforts have also advanced, including:
• Continued work to develop a citywide stormwater master plan that is nearly complete as of early 2023 • Continued annual storm drain preventative maintenance • Continued annual Atherton Channel and San Francisquito Creek cleanups to remove debris • Constructed storm system improvements at the Caltrain station in 2021 • Implemented new stormwater permit regulations required under the Municipal Regional Permit 3.0, which are significantly more stringent than 2.0 in fiscal year 2022-23 • Awarded a construction contract in February 2023 to replace and upgrade the Chrysler Stormwater Pump Station, utilizing a $5 million FEMA hazard mitigation grant. Construction began in May 2023 and is expected to take approximately 18 months.
• Included funds for a storm system funding study in the five-year capital improvement program • Maintained the City’s participation in the Community Rating System (CRS) program, which provides discounts to residents on flood insurance based on the City’s flood protection practices and outreach • Continued to participate in the SFCJPA, with an emphasis on delivery of the upstream of US 101 project • Responded to the major storms of early 2023, tracking flooding locations, assessing damage, repairs and clean up needs
• In May 2023, initiated an assessment of the San Francisquito Creek banks for erosion and the condition of the stormwater outfalls that drain to the creek
The City’s annex to the San Mateo County local hazard mitigation plan was adopted by the City Council Nov. 16, 2021. An annual progress report, at the City Council’s request, is prepared in the fall, with the most recent update Oct. 11, 2022.
In addition, a management analyst (referenced above as well) was hired (March 2023) to work on long term resiliency and climate adaption planning and implementation.
Work planned for the remainder of this calendar year includes:
• Formally initiate Menlo Park SAFER Bay project
• Continue construction on Chrysler Pump Station
• Continue efforts to monitor and engage with OneShoreline, with an emphasis on securing funding for the area near Bedwell Bayfront Park
• Continue to engage with the SFCJPA on the upstream of US 101 project, focusing on analysis of the 2023 winter storms and potential adjustments to the scope of the project in response • Continue preventative maintenance efforts on San Francisquito Creek, Atherton Channel and the storm system
• Prepare the annual progress report on the local hazard mitigation plan progress • Prepare for winter storms, including potential for El Nino weather pattern that appears to be developing • Work on long-range climate adaptation and resiliency planning and implementation Page K-2.9
Staff Report #: 23-129-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Impact on City Resources
The City maintains the resources to support City Council’s direction to implement the 2030 CAP. Activities or projects that require additional budget are included in the proposed 2023-24 budget. The City will be receiving $4.5 million from the California Energy Commission for communitywide electrification efforts. Staff also actively engages with local, regional, and state agencies to find available incentives and grants to support implementation of the CAP.
Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines § § 15378 and 15061(b) (3) as it will not result in any direct or indirect physical change in the environment.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments
A. Hyperlink – 2030 CAP: menlopark.gov/files/sharedassets/public/city-managersoffice/documents/sustainability/2030-climate-action-plan-amended-2021.pdf B. Hyperlink - March 22, 2022, City Council staff report: menlopark.gov/files/sharedassets/public/ agendas-and-minutes/city-council/2022-
meetings/agendas/20220322-city-council-agenda-packet.pdf#page=446 C. Hyperlink – 2030 CAP progress report- Oct. 12, 2021:
menlopark.org/DocumentCenter/View/29886/Menlo-Park-Climate-Action-Plan-progress-report D. Outreach activities since March 2022
Report prepared by:
Rebecca Lucky, Sustainability Manager
Page K-2.10
CAP Outreach – March 2022 to May 2023
Date CAP
Strategy
Goal
Outreach Activities Method
3/1/2022 No.3 Incentive information for installing electric vehicle charging for existing multifamily buildings
Waste bill insert
3/1/2022 No.3 Incentive information for electric vehicle rentals and purchases Waste bill insert 3/28/2022 General
outreach
Information about the April 16, 2022 Earth Day event Weekly digest 5/30/2022 City Council
direction
Information to take part in Menlo Park's gas-powered
landscape equipment survey
Weekly digest
6/15/2022 No.1 Promotion of BlocPower Services Weekly digest 8/22/2022 No.3 Incentive information for EV charging Weekly digest 9/1/2022 No.3 Incentive information for installing electric vehicle charging for existing multifamily buildings
Waste bill insert
9/1/2022 No.2 Incentive information for electric vehicle rentals and purchases Waste bill insert 9/1/2022 No.1 Information on available rebates for heat pump water heaters Waste bill insert 9/1/2022 No.1 Information on available rebate for installing solar and battery backup system
Waste bill insert
9/12/2022 General
outreach
Information on the volunteer community collaboration sessions focus on Climate Action Plan progress
Weekly digest
9/26/2022 General
outreach
Information on the volunteer community collaboration sessions “What’s your 2040?” climate movie and community
conversation
Weekly digest
October
2022
General
outreach
Information on the volunteer Community collaboration sessions Environmental Justice and Safety Element
Weekly digest
10/17/2022 City Council
direction
Information on the City Council zero-emission landscape equipment ordinance study session
Weekly digest
11/7/2022 No.5 Information on meeting the newest electric members of the city fleetWeekly digest
12/22/2022 No.1 Information on heat pump water heater rebates Weekly digest 1/1/2023 City Council
direction
Information on proposed zero emissions landscape equipment requirements
Waste bill insert
1/1/2023 No.3 Incentive information for installing electric vehicle charging for existing multifamily buildings
Waste bill insert
1/19/2023 No.1 Information on the volunteer community collaboration session - Home Electrification
Weekly digest
2/6/2023 City Council
direction
Information on the proposed Zero Emission Landscaping
Equipment rulesWeekly digest
March and
April 2023
City Council
direction
Webinars and tabling events to inform and receive feedback on proposed zero emission landscaping equipment rules
Meetings and in-person
tabling
3/1/2023 City Council
direction
Information on proposed zero emissions landscape equipment requirements
Waste bill insert
3/1/2023 No.3 Incentive information for installing electric vehicle charging for existing multifamily buildings
Waste bill insert
3/6/2023 City Council
direction
Information about webinars for proposed rules for gas powered landscaping equipment
Weekly digest
3/6/2023 General
outreach
Information on volunteer community collaboration session How to get youth involved in Climate Action
Weekly digest
4/3/2023 General
outreach
Information on the Love our Earth Festival April 22 Event Weekly digest April General
outreach
Information about the Love our Earth Festival Banners on Santa Cruz Ave
4/17/2023 City Council
direction
Information about the Environmental Quality Commission
discussing zero emission landscape equipment ordinance
Weekly digest
Page K-2.11 ATTACHMENT D
Date CAP
Strategy
Goal
Outreach Activities Method
5/1/2023 No.1 Information about home electrification at Climate Smart San José's webinars
Weekly digest
5/11/2023 No.6 Information on volunteer community collaboration session - Lessons Learned from the Storms
Weekly digest
Page K-2.12
Library and Community Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov
STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-130-CC
Informational Item: Menlo Park Community Campus – preliminary staffing, operations and programming plan
considerations
Recommendation
No City Council action is requested related to this informational report at this time. City staff recommends that City Council review Menlo Park Community Campus (MPCC) preliminary staffing, operations, and programming plan considerations in advance of the upcoming fiscal year 2023-24 budget deliberations.
Policy Issues
City Council provides policy direction to the city manager regarding services to the Menlo Park community; allocates resources to support City services and capital projects; reviews and approves staffing and budget proposals; and sets prioritization for the use of City resources to serve the community. City Council has identified the MPCC project as one of the City’s top priorities.
Background
In January and February 2021, City Council approved the architectural control, use permit, funding and improvements agreement for the MPCC project located at 100-110 Terminal Ave. The new multiservice facility will incorporate a community center, senior programs, school age child care, aquatics center, and branch library among other public amenities, and is on track to open in 2024.
On April 4, City Council reviewed MPCC proposed programming elements that were developed with robust community input, including consultation with the MPCC subcommittee and working group, the Library Commission (LC) and Parks and Recreation Commission (PRC), and with insights from a citywide survey of Menlo Park residents (Attachment A).
On April 26, the LC and PRC received extensive preparatory information related to MPCC programming and policy elements, including current operational policies and proposed new policies to be reviewed and updated in advance of the new facility opening (Attachment B).
Analysis
Who the MPCC will serve
The following statement was developed with input from the MPCC subcommittee and working group, and reviewed by the City Council April 4: “Programs and services in the MPCC will reflect and prioritize the people for whom this facility is being created: Menlo Park residents, especially Belle Haven neighborhood residents, and in particular, long time Belle Haven residents who relied heavily on the services in the previous center. The MPCC facility can and should serve these residents even more meaningfully, with AGENDA ITEM K-3 Page K-3.1
Staff Report #: 23-130-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov even greater priority, and with even more responsiveness, inclusion, and belonging than existed in the previous center.”
Proposed program summaries
At the direction of City Council, MPCC proposed program summaries have been developed with robust community input and in consultation with the MPCC subcommittee and working group of Belle Haven neighborhood residents and stakeholders.
City staff presented to the LC May 15 proposed program summaries related to library services, school age child care, and older adult senior services in the new facility (Attachment C). Seniors – Nutrition program
Seniors – Enrichment and transportation
Library – Books, media, technology access
Library – Makerspace and teen zone
Library – Cultural and educational programs
Youth center – School age child care and enrichment
City staff will present to the PRC May 24 proposed program summaries related to recreation services, indoor and outdoor sports, facility rentals, general operations, and aquatics in the new facility (Attachment D).
Recreation – Fitness center, movement studio
Recreation – Facility rentals, meeting rooms
Sports – Indoor
Sports – Outdoor
Aquatics – Community-oriented aquatics programs
Operations – Emergency preparedness and response
Impact on City Resources
The MPCC is expected to open during fiscal year 2023-24. To operate the new facility, some existing services and personnel that are currently housed in interim locations will be relocated to the new facility, and some service level enhancements are needed to operate the facility in the manner and capacity envisioned by the City Council and the community.
Upon the new facility’s opening, some currently existing personnel and resources will relocate from interim/current locations to the MPCC, including the senior center, youth center and branch library. In addition, some new personnel and resources will be requested in the context of the proposed fiscal year 2023-24 operating budget to support:
Restoring programs and services that were suspended or reduced during the MPCC construction, such as the gymnasium, fitness center, recreation services, aquatics center and facility rentals Staffing an expanded public library space that spans two floors instead of the current one floor space New programs and services that do not currently exist, such as the makerspace and teen zone Creating a new job classification to support enhanced nutrition services to oversee the planning and daily preparation of nutritious meals for senior center and youth center participants, and provide nutrition and health/wellness education services to program participants. Reinstating overhead and operating costs such as utilities, supplies and services.
The MPCC staffing and budget proposal is informed by multiple factors including but not limited to: input Page K-3.2
Staff Report #: 23-130-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov from the City Council and MPCC subcommittee and working group; the June 2022 survey of community needs and desired programs; programmatic advice and feedback from the LC and PRC; past staffing to support pre-MPCC construction and pre-pandemic operations; current staffing to support interim services that will relocate to MPCC; new staffing to support desired new programs and services in the MPCC that have not been provided before; and to accommodate an anticipated increase in overall usage which is commonly experienced when new facilities open to the public. In the current fiscal year 2022-23, the library and community services department is authorized by City Council to employ 66.25 full-time equivalent (FTE) personnel. In 2019 before the previous center was closed and before the pandemic, the department was authorized to employ 71.0 FTE personnel.
Based on the above considerations, City staff estimates that approximately 6.0 FTE new personnel, in addition to hourly personnel, will be needed to support the gymnasium, recreation center, makerspace, teen lounge, expanded library space, and other desired new programs when the MPCC opens in 2024. These personnel expenditures are estimated $950,000 annually. In addition, City staff estimates approximately $820,000 in new (non-personnel) annual operating expenses offset by approximately $720,000 in new annual revenues. These budgetary implications will be outlined in detail for City Council consideration in the context of the fiscal year 2023-24 operating budget proposal anticipated to be released for the June 1 budget workshop and June 13 City Council public hearing, before adoption June 27.
Environmental Review
This report is focused on proposed operational and programming elements in the MPCC, and is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.
Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. In addition, the City sent electronic notices directly to project email and text update subscribers from the project page (Attachment B).
Attachments
A. MPCC proposed programming plan elements. April 4, City Council staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2023- meetings/agendas/20230404-city-council-agenda-packet.pdf#page=122 B. Current operational policies related to MPCC programming and operations. April 26, PRC and LC joint meeting staff report: menlopark.gov/files/sharedassets/public/agendas-and-minutes/librarycommission/2023-meetings/agendas/20230426-library-and-parks-and-recreation-commissions-and-prcspecial-agenda-packet.pdf#page=3 C. MPCC proposed program summaries – library, senior center, youth center; May 15, LC staff report:
menlopark.gov/files/sharedassets/public/agendas-and-minutes/library-commission/2023- meetings/agendas/20230515-library-commision-agenda-packet.pdf#page=3 D. MPCC proposed program summaries – recreation, sports, general operations and aquatics; May 24, PRC staff report: menlopark.gov/files/sharedassets/public/agendas-and-minutes/parks-and-recreationcommission/2023-meetings/agendas/20230524-parks-and-recreation-commission-agendapacket.pdf#page=6 Page K-3.3
Staff Report #: 23-130-CC
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Report prepared by:
Sean S. Reinhart, Library and Community Services Director Page K-3.4