Agenda — Menlo Park City Council, November 28, 2023 (part 1 of 2)

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

SPECIAL MEETING AGENDA
Date: 11/28/2023
Time: 6:00 p.m.

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Special Session
A. Call To Order
B. Roll Call
C. Public Hearing
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special Meeting Agenda
November 28, 2023

Page 2 ends

C1. Adopt resolutions to amend the City of Menlo Park General Plan Land Use Element and El Camino Real/Downtown Specific Plan, and introduce and waive the first reading of ordinances to amend the Zoning Ordinance (Title 16 of the Municipal Code) and zoning map to implement zoning-related programs in the adopted 2023-2031 Housing Element to modify the Affordable Housing Overlay (AHO) to allow residential densities up to 150 du/ac in combination with State Density Bonus Law; create new opportunities for residential and mixed-use opportunities by modifying certain existing nonresidential zoning districts and combining certain commercial zoning districts to create a new CMU (Neighborhood Mixed Use) zoning district, increase densities in the R-3 zoning district around downtown and for sites over 100,000 square feet in size and increase lot coverage in the R-3 and R4 zoning districts, increase densities and modify development standards in the El Camino Real/Downtown Specific Plan area, allow ministerial review of reuse sites, create a new Residential Overlay to create additional residential development potential for certain parcels, allow family day care homes by-right in residential districts, and rezone certain properties associated with the changes as applicable, and determine the proposed amendments are consistent with a previouslycertified subsequent environmental impact report under the California Environmental Quality Act (Staff Report #CC-258-23) (Presentation)
An addendum to the certified the Housing Element Update Subsequent EIR (SCH #2015062054) (“SEIR”) was prepared and concludes that no supplemental or subsequent EIR is required for the proposed amendments because none of the circumstances requiring a supplemental EIR or subsequent EIR exist (CEQA Guidelines Section 15162)
D. Adjournment
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 11/28/2023
Staff Report Number: 23-258-CC
Public Hearing: Adopt resolutions to amend the City of Menlo Park General Plan Land Use Element and El Camino
Real/Downtown Specific Plan, and introduce and
waive the first reading of ordinances to amend the
Zoning Ordinance (Title 16 of the Municipal Code)
and zoning map to implement zoning-related
programs in the adopted 2023-2031 Housing
Element to modify the Affordable Housing Overlay
(AHO) to allow residential densities up to 150 du/ac
in combination with State Density Bonus Law;
create new opportunities for residential and mixeduse opportunities by modifying certain existing nonresidential zoning districts and combining
certain commercial zoning districts to create a new
C-MU (Neighborhood Mixed Use) zoning district,
increase densities in the R-3 zoning district around
downtown and for sites over 100,000 square feet in
size and increase lot coverage in the R-3 and R-4
zoning districts, increase densities and modify
development standards in the El Camino
Real/Downtown Specific Plan area, allow ministerial
review of reuse sites, create a new Residential
Overlay to create additional residential development
potential for certain parcels, allow family day care
homes by-right in residential districts, and rezone
certain properties associated with the changes as
applicable, and determine the proposed
amendments are consistent with a previouslycertified subsequent environmental impact report under the California Environmental Quality Act
Recommendation
Staff recommends that the City Council adopt resolutions amending the General Plan Land Use Element and El Camino Real/Downtown Specific Plan (“Specific Plan”) and introduce and waive the first reading of ordinances amending the Zoning Ordinance and zoning map to implement the zoning-related programs in the adopted 2023-2031 Housing Element, and determine that the proposed amendments are consistent with the previously-certified subsequent environmental impact report (SEIR). The proposed resolutions and ordinances are included as Attachments A through I as follows:
• Affordable Housing Overlay (Attachment A). Update the Affordable Housing Overlay (“AHO”) to further incentivize development of affordable housing for extremely low, very low and low-income (“lower AGENDA ITEM C-1 Page C-1.1
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov income”) households by amending Chapter 16.98 of the Zoning Ordinance (Housing Element program H4.D);
• New residential opportunities in nonresidential districts (Attachments B and C). Create new and/or increased opportunities for residential and/or mixed use developments with a density of up to 30 dwelling units per acre (“du/ac”) on sites that currently allow only nonresidential uses or lower densities (Program H4.I) and up to 60 du/ac in the C-2 zoning district by amending the General Plan Land Use Element, Zoning Ordinance and zoning map as follows:
• Change the General Plan land use designation of existing C-1-A parcels from Professional and Administrative Office to Retail/Commercial and rezone properties in seven nonresidential zoning districts (C-1-A, C-2-S, C-2-A, C-2-B, C-4, and certain C-2 and P properties) into a single new mixed use district titled C-MU (Neighborhood Mixed Use), based on existing C-2-B zoning regulations; • Amend the existing zoning regulations for the C-1, C-1-C and C-2 zoning districts, and certain O district parcels, to allow residential and/or mixed use development; and • Make associated changes to other chapters of the Zoning Ordinance for consistency and in compliance with state law, such as codifying the requirements of the “Key provisions of state law” section below in this report;
• Multi-family zoning district revisions (Attachments D and E). Increase development potential for R-3 parcels around downtown and R-3 parcels with over 100,000 square feet of lot area, and increase lot coverage in the R-3 and R-4 zones (Housing Element program H4.J) by amending the General Plan Land Use Element, Zoning Ordinance and zoning map as follows:
• Amend the General Plan to allow the Medium Density Residential land use designation a density of up to 20 du/ac for lots with an area of 100,000 square feet or more outside of the areas around the Specific Plan, modify the land use designation of the parcel at 320 Sheridan Drive from Low Density Residential to Medium Density Residential, and rezone the parcel from R-1-U to R-3 to permit multifamily development on the site, and
• Amend the existing zoning regulations for the R-3, R-4, R-4-S, R-3-A and R-3-C zoning districts to increase the amount of lot coverage allowed for residential development; • Modifications to the El Camino Real/Downtown Specific Plan (Attachment F). Encourage more housing production in the El Camino Real/Downtown Specific Plan (“Specific Plan”) area by amending the Specific Plan to increase densities and modify development standards, remove the residential cap of 680 units, set a minimum density of 20 du/ac for residential/mixed use development, and make other related amendments (Housing Element program H4.L);
• Ministerial review (Attachment G). Allow five Housing Element inventory sites (also referred to as “opportunity sites”) that were included in previous Housing Elements but did not develop with housing (“reuse sites”) ministerial processing, without any discretionary review or hearings, if they include residential development with at least 20 percent of units affordable to lower incomes, by amending Chapter 16.08 of the Zoning Ordinance (Housing Element program H4.Q); • Residential overlay (Attachment H). Create a new Residential Overlay to allow and encourage new or additional residential development on four Housing Element inventory sites without requiring removal of existing development and/or where the underlying zoning may otherwise not allow residential uses, by adding Chapter 16.95 (Residential Overlay) to the Zoning Ordinance (Housing Element program H4.T); and
• Family day care homes (Attachment I). Establish family day care homes as a permitted use in any residential district by amending Chapters 16.04 and 16.08 of the Zoning Ordinance (Housing Element program H2.F).

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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Policy Issues
The adopted 2032-2031 Housing Element contains programs committing the City to implement zoning changes to increase permitted densities within certain zoning districts and on Housing Element inventory sites within a one-year timeframe from adoption of the Housing Element to meet the City’s Regional Housing Need Allocation (RHNA) of approximately 3,000 dwelling units of varying income levels. The proposed amendments to the Land Use Element, Specific Plan, and Zoning Ordinance implement these programs from the 2023-2031 Housing Element, which are further described below in the Analysis section.

The City Council will need to consider the merits of the proposed amendments to the General Plan Land Use Element, Specific Plan, Zoning Ordinance and zoning map. The proposed amendments would allow additional residential development opportunities throughout the community by increasing maximum residential densities for certain land uses and zoning districts; allowing residential uses and mixed uses in nonresidential zoning districts; changing land use designations and/or rezoning certain sites; and taking related actions that would incentivize housing development and promote community vitality. The proposed amendments would be necessary in order to implement the Housing Element and ensure consistency between the General Plan, Specific Plan, Zoning Ordinance and zoning map. The City Council is the final decision-making body on the proposed General Plan, Specific Plan and zoning amendments. The City must adopt these changes by Jan. 31, 2024, or be potentially subject to regulations that minimize local control related to housing developments, pursuant to state law.

Background
On Oct. 23, 2023, the Planning Commission held a public hearing to discuss proposed amendments necessary to implement zoning-related programs in the Housing Element, and continued the meeting to Nov. 6 at the recommendation of staff. The Oct. 23 staff report (Attachment J) details the recommended modifications to the General Plan, Specific Plan, Zoning Ordinance and zoning map and the Nov. 6 staff report (Attachment K) outlines minor changes based on feedback from the Oct. 23 meeting. On Nov. 6, the Planning Commission recommended that the City Council adopt the proposed resolutions and ordinances as recommended by staff by a vote of 4-0 (with Commissioners Barnes, Harris and Riggs absent).

The Nov. 28 staff report provides a brief overview of each proposed amendment and the proposed draft text and map amendments (Attachments A through I) for review and introduction by the City Council. The proposed ordinances and resolutions are the same as what the Planning Commission recommended for approval, with the exception of a few “clean up” items for internal consistency, typographical errors and formatting, as follows:
• For the proposed C-2 zoning amendments in Attachment C, Exhibit D, Figure 2 of proposed section

16.38.060 (residential design standards) was modified to show a 45-degree building profile starting at a height of 37.5 feet up to the maximum 60-foot building height, which is a proportional increase in the building profile compared with the proposed residential design standards in other districts that would have a 45-degree building profile beginning at 25 feet up to the maximum 40-foot building height; • For the proposed Specific Plan amendments included in Attachment F, Exhibit A, the development standards by zoning districts table has been modified to note that development in the ECR SE district would have a maximum height between 40 feet and 60 feet, depending on the density of housing provided;
• For the reuse sites labeled in Attachment G, Exhibit A, the addresses of two sites have been modified to reflect the addresses used in the Housing Element site inventory. (The two sites currently have multiple addresses associated with each property.) The parcel previously identified as 1133 El Camino Real is Page C-1.3
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov now noted as 1149 El Camino Real, and the parcel previously identified as 932 Crane is now labeled as 796 Live Oak Avenue; and
• For the proposed Residential Overlay included in Attachment H, staff corrected an oversight in the draft ordinance to note that sites at 350 Sharon Park Drive and 600 Sharon Park Drive are each made up of two assessor’s parcel numbers (APNs) instead of a single APN.

Analysis
The following sections briefly summarize programs related to amendments to the General Plan, Specific Plan, Zoning Ordinance, and zoning map that the adopted Housing Element commits to implement by Jan. 31, 2024, and minor changes to the proposed amendments since the Nov. 6 public hearing. Implementation of the programs would allow additional residential development opportunities throughout the community by increasing maximum residential densities for certain land uses and zoning districts; allowing residential uses and mixed uses in nonresidential zoning districts; changing land use designations and/or rezoning certain sites; and taking related actions that would incentivize housing development and promote community vitality. The amendments would be necessary in order to ensure consistency between the General Plan, Specific Plan, Zoning Ordinance and zoning map.

At the Nov. 28 meeting, the City Council should receive and close public comment, ask clarifying questions, discuss the proposed amendments as necessary, and ultimately adopt the resolutions, and introduce and waive the first reading on the proposed ordinances. The City Council could vote on the resolutions and ordinances collectively or individually. The resolutions would become effective immediately. The proposed ordinances would require a second reading and could be adopted by consent at the City Council’s Dec. 5 meeting. The ordinances would become effective 30 days thereafter.

Program H4.D: Modify the AHO
Program H4.D commits to updating the AHO in the Zoning Ordinance (Chapter 16.98) to further incentivize the development of multifamily housing affordable to lower income households, and expanding the location of the AHO beyond the current Specific Plan and R-4-S zones to encompass nearly all Housing Element inventory sites and R-3 sites around downtown. The program also requires that the AHO be modified to work in combination with state density bonus law so that a development may apply both types of density bonuses, if desired, for a maximum density of up to 150 du/ac for a 100 percent affordable housing development on AHO sites located anywhere in the City. The proposed Zoning Ordinance text amendments are included as Attachment A.

Program H4.I: Create new opportunities for mixed use development Program H4.I establishes that the City will create new and/or increased opportunities for residential and/or mixed use developments with a density of up to 30 du/ac on sites that currently allow only nonresidential uses or lower density residential uses. The amendments would create a new mixed use district, C-MU (Neighborhood Mixed Use), and consolidate the C-1-A, C-2-A, C-2-B, C-2-S, C-4, and certain C-2 and P parcels into the new C-MU district, which would allow residential and/or neighborhood-serving retail and commercial development typically on smaller parcels along Willow Road, Middlefield Road, Bay Road, Menalto Avenue and Burgess Drive. The amendments would also modify the existing zoning regulations for the C-1, C-1-C and C-2 zoning districts, and certain O district parcels, to allow residential and/or mixed use development generally on larger sites and/or in office parks typically along Sand Hill Road, and also within the area bounded by Marsh Road, the Dumbarton rail spur line, Bohannon Drive and Scott Drive.

Implementation of the program would require amendments to the General Plan Land Use Element, Zoning Ordinance, and zoning map to ensure consistency between all of the documents. The proposed Page C-1.4
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov amendments are included as Attachments B and C.

Program H4.J: Increase residential density and maximize development proposals Program H4.J is another strategy to modify zoning regulations and rezone sites to provide greater residential development potential citywide. The program would increase the maximum density for R-3 properties around downtown by allowing a density up to 30 du/ac on all lots, increase the maximum lot coverage in R-3 and R-4 zones above 50 percent, and allow parcels with over 100,000 square feet of lot area a density of up to 20 du/ac. The program would also rezone Housing Element inventory site #38 (320 Sheridan Drive) to accommodate multifamily residential development on land owned by the Ravenswood City School District. Implementation of the program would require amendments to the General Plan Land Use Element, Zoning Ordinance, and zoning map to ensure consistency between all of the documents. The proposed amendments are included as Attachments D and E.

Program H4.L: Modify the El Camino Real/Downtown Specific Plan Program H4.L seeks to increase housing production in the Specific Plan area by amending the Specific Plan to increase densities to up to 100 du/ac and modify development standards for all 10 subdistricts near the center of the city. The proposed amendments to the Specific Plan would remove the residential cap of 680 units, set a minimum density of 20 du/ac for residential/mixed use development, allow City-owned parking lots to be utilized for future residential development, and make other related changes for consistency throughout the Specific Plan document.

In addition, amendments are proposed to increase the maximum floor area ratio (FAR) allowed for certain types of residential uses (such as for large families and for-sale units) in the Specific Plan area, called a “step-up FAR,” and incentivize a range of housing development types to serve the community. This step-up FAR increase in each subdistrict would be limited to additional residential uses only and would not be transferable to other uses, such as office or personal services. Nonresidential uses would continue to be limited to the existing amounts allowed in the Specific Plan. Although the existing cap of 680 residential units in the Specific Plan area is proposed to be removed, the cap of 240,820 square feet of commercial uses would remain. Additionally, on individual sites throughout the Specific Plan area, business and professional office uses would be limited to no greater than one-half the existing base or bonus existing FAR (not inclusive of the step-up FAR), and medical and dental offices would be limited to no greater than one-third the existing base or bonus FAR allowed for a development. The proposed Specific Plan amendments are included as Attachment F.

Program H4.Q: Reuse sites
Program H4.Q would allow five Housing Element inventory sites that were included in prior Housing Elements but did not develop with housing in the prior planning periods (“reuse sites”) to be processed ministerially, meaning they would not be subject to any discretionary review or hearings by the Planning Commission or City Council, if they propose residential development with at least 20 percent of units affordable to lower income households. At least 50 percent of the uses in a mixed use development would need to be for residential uses on the reuse sites, as referenced in the key provisions of state law described further below. The five sites are 1100 Alma Street, 700 El Camino Real, 1149 El Camino Real, 1436 El Camino Real, and 796 Live Oak Avenue. The provisions of this program are a requirement of state law. The proposed Zoning Ordinance text amendments are included as Attachment G.

Program H4.T: Residential Overlay
The zoning amendments described in this report would allow residential and/or mixed use development with Page C-1.5
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov a density of up to 30 du/ac or more to occur on nearly all sites in the Housing Element inventory. However, four sites comprised of seven parcels are subject to unique circumstances, such as developments with conditional development permit (CDP) regulations that would not allow additional residential uses on the sites, or sites in nonresidential zoning districts like P-F (Public Facilities). The seven parcels are located at 345 Middlefield Road (a two-parcel site), 350 Sharon Park Drive (a two-parcel site), 600 Sharon Park Drive (a two-parcel site), and 2200 Sand Hill Road. Program H4.T commits to create a new Residential Overlay to allow and encourage new or additional residential development on the four Housing Element inventory sites without requiring removal of existing development and/or where the underlying zoning may otherwise not allow residential uses. The proposed Zoning Ordinance text amendments are included as Attachment H.

Program H2.F: Child care allowances
Housing Element program H2.F states that the City will update the Zoning Ordinance to allow large family day care homes by-right in all residential zoning districts, in conformance with state law. Currently, a small family day care home for the care and instruction of up to eight children is considered a home occupation and is a permitted use in any residential district. However, a large family day care home with up to 14 children currently requires a noticing process with the potential for a public hearing. The Zoning Ordinance amendments would treat both types of family day care homes as permitted uses in any residential district.

The proposed Zoning Ordinance text amendments are included as Attachment I.

Key provisions of state law
In relation to the proposed amendments described above, and separate from the reuse sites provisions, for inventory sites included in the 2023-2031 Housing Element needed to meet lower income RHNA, state law requires the following:
• In mixed nonresidential and residential developments, residential uses shall be a minimum 50% of the total FAR of the mixed use development;
• One hundred percent residential development is allowed for the amount of developable acreage identified in Appendix 7-1, Table B (Attachment L) of the Housing Element; and • For housing developments in which at least 20 percent of the units are affordable to lower income households, owner-occupied and rental multifamily residential development shall be ministerially reviewed, without discretionary review or hearing.

These provisions apply to all Housing Element inventory sites being utilized to provide lower income RHNA capacity, and are proposed to be codified as Section 16.08.105 of the Zoning Ordinance.

Conclusion
Staff recommends the City Council adopt resolutions amending the General Plan Land Use Element and Specific Plan, and introduce and waive the first reading for ordinances amending the Zoning Ordinance and zoning map to implement the zoning-related programs in the 2023-2031 Housing Element as proposed in Attachments A to I. As part of the City’s Housing Element annual progress report (APR) due each year by April 1 to the state Department of Housing and Community Development (HCD), staff will report on the City’s housing production toward meeting the City’s RHNA. Housing Element Program H1.H commits to a midcycle review in 2027 to evaluate the progress of the City’s zoning-related amendments in helping to meet the City’s RHNA. Based on the results of the annual and midcycle reviews, the City Council may revisit zoning and direct staff to evaluate further modifications to densities and development standards in order to produce satisfactory levels of affordable housing in the community.

The proposed amendments would provide residential development opportunities throughout the community Page C-1.6
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov in the spirit of affirmatively furthering fair housing, promote a range of housing options at all affordability levels through new residential and mixed use developments, enhance vibrancy and promote activity in the downtown and along major corridors through the city, and implement the zoning programs in the Housing Element prior to the statutory deadline of Jan. 31, 2024.

Impact on City Resources
As part of the fiscal year 2020-21 budget, the City Council originally appropriated nearly $1.5 million from the general fund to support the Housing Element Update (including preparation of the SEIR), which is a City Council priority. The contract has been subsequently amended to accommodate additional revisions, meetings and outreach. Most recently Oct. 24, 2023, the City Council approved an additional budget augment for a contract total of $1,700,212 to ensure the continued involvement of project consultants in conducting public engagement and finalizing the documents and tasks necessary to complete the project.

Environmental Review
As part of the Housing Element Update process (i.e., Housing Element and Safety Element updates and a new Environmental Justice Element, and associated changes including zoning), a subsequent environmental impact report (SEIR) was prepared. On Jan. 31, 2023, the City Council adopted Resolution No. 6808 certifying the SEIR and associated CEQA actions. On Feb. 1, 2023, a Notice of Determination (NOD) was filed.

An addendum to the SEIR (Attachment M) was prepared to reflect the City Council’s direction to study increased densities, primarily in the Specific Plan area, above those studied in the SEIR. As noted in the Addendum, the proposed General Plan, Specific Plan, Zoning Ordinance, and zoning map amendments are covered by the previously-certified SEIR and no supplemental or subsequent EIR is required for the proposed amendments because none of the circumstances requiring a supplemental EIR or subsequent EIR exist (CEQA Guidelines Section 15162).

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours before the meeting. A public hearing notice for the Nov. 28 meeting was mailed to every property owner affected by one of the proposed zoning-related amendments. A public hearing notice was also mailed to every property owner and occupant located within 300 feet of a potentially affected property. The mailed public hearing notice included an overview map of proposed zoning-related amendments. The Housing Element Update project webpage (menlopark.gov/housingelement) also includes a detailed summary of the proposed zoning-related amendments as well as an overview map. A public hearing notice was published in The Examiner. Notice was also provided via the City's weekly digest and social media channels.

Attachments
A. Ordinance amending the Affordable Housing Overlay, Chapter 16.98, of Title 16 of the Menlo Park Municipal Code
B. Resolution amending the Land Use Element of the General Plan to create new opportunities for mixeduse development C. Ordinance repealing Chapters 16.32, 16.39, and 16.42; amending Chapters 16.30, 16.36, 16.38, 16.40,

16.43, and associated chapters of Title 16 of the Menlo Park Municipal Code for consistency; and rezoning C-1-A, C-2-S, C-2-A, C-2-B, C-4, and certain C-2 and P parcels to C-MU to create new Page C-1.7
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov opportunities for mixed-use development
D. Resolution amending the Land Use Element of the General Plan to increase residential density and maximize R-3 development proposals
E. Ordinance amending Chapters 16.20, 16.22, 16.23, 16.24, and 16.26 of Title 16 of the Menlo Park Municipal Code; and rezoning 320 Sheridan Drive from R-1-U to R-3 to increase residential density and maximize development proposals in the R-3 and R-4 districts F. Resolution amending the El Camino Real/Downtown Specific Plan G. Ordinance amending Chapter 16.08 of Title 16 of the Menlo Park Municipal Code to allow by-right processing for certain housing developments
H. Ordinance creating Chapter 16.95 of Title 16 of the Menlo Park Municipal Code to establish a Residential Overlay
I. Ordinance amending Chapters 16.04 and 16.08 of Title 16 of the Menlo Park Municipal Code to establish day care homes as a permitted use in any residential district J. Hyperlink – Oct. 23 Planning Commission staff report:
https://menlopark.gov/files/sharedassets/public/v/1/agendas-and-minutes/planning-commission/2023- meetings/agendas/20231023-planning-commission-agenda-packet.pdf K. Hyperlink – Nov. 6 Planning Commission staff report:
https://menlopark.gov/files/sharedassets/public/v/4/agendas-and-minutes/planning-commission/2023- meetings/agendas/20231106-planning-commission-agenda-packet.pdf L. Housing Element Appendix 7-1: Site Inventory
M. Addendum to the Housing Element Update SEIR
Report prepared by:

Tom Smith, Principal Planner
Report reviewed by:

Deanna Chow, Community Development Director
Mary Wagner, Assistant City Attorney
Page C-1.8
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING CHAPTER 16.98 AFFORDABLE HOUSING OVERLAY TO TITLE 16 OF THE MENLO PARK MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.D TO UPDATE THE AFFORDABLE HOUSING

OVERLAY
WHEREAS, Chapter 16.98 Affordable Housing Overlay of Title 16 of the Menlo Park Municipal Code was originally established in 2013 to encourage the development of affordable housing for very low, low and moderate income households; and
WHEREAS, the City’s Affordable Housing Overlay (AHO) was established to be an alternative to the State Density Bonus Law by providing incentives and flexibility in the development regulations in exchange for the provision of affordable housing units; and WHEREAS, the Affordable Housing Overlay (AHO) is currently applied to all properties located within the El Camino Real/Downtown Specific Plan and those properties zoned R-4-S (AHO); and
WHEREAS, the City’s Regional Housing Need Allocation (RHNA) for the 2023-2031 planning period is 2,946 units, including 740 very low income units, 426 low income units, 496 moderate income units and 1,284 above moderate income units; and WHEREAS, the City is committed to meeting its RHNA and providing opportunities for a range of housing options at all income levels; and
WHEREAS, the City completed a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and WHEREAS, Housing Element Program H4.D (Modify the Affordable Housing Overlay (AHO), states that the City will update the AHO to further incentive the development of affordable housing to extremely low-, very low – and low-income households; and WHEREAS, Housing Element Program H4.D states that the expand location of the AHO beyond the current areas to encompass the housing opportunity sites and R-3 properties around the Downtown area; and
WHEREAS, Housing Element Program H4.D states the update will clarify that density bonuses and other incentives provided for under the AHO are additive with and can be combined with State Density Bonus Law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2023 to review and consider the proposed amendments to Sections 16.98 of Title 16 of the Menlo Park Municipal Code and adopted Planning Commission Resolution No. 2023-__ recommending that the City Council adopt the Zoning Ordinance amendment, whereat all interested person had the opportunity to appear and comment.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:

ATTACHMENT A Page C-1.9
Ordinance No. XXXX

Page 2 of 8 ends

Section 1. Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.

Section 2. Repeal.

Chapter 16.98 – Affordable Housing Overlay of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby repealed in its entirety.

Section 3. Add.

Chapter 16.98 – Affordable Housing Overlay of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby added in its entirety.

Section 16.98.010 Purpose and goal
Section 16.98.020 Definitions
Section 16.98.030 Applicability
Section 16.98.040 Affordable housing requirement
Section 16.98.050 Density bonus
Section 16.98.060 Incentives and fee waivers
Section 16.98.070 Continued affordability
Section 16.98.080 Other provisions
Section 16.98.010 Purpose and goal.

The purpose of the Affordable Housing Overlay (“AHO”) zone established by this Chapter is to encourage the development of affordable housing for low, very-low and extremely-low income households. The AHO serves to implement the Housing Element goal of providing new housing that addresses affordable housing needs in the City of Menlo Park by establishing development regulations for designated housing opportunity sites. The AHO is also intended to address those housing projects which provide a greater percentage of affordable housing units than required pursuant to Chapter 16.96 (Below Market Rate Housing Program). The AHO encourages the production of affordable housing by providing density bonuses and other incentives to developers that provide affordable housing as a part of development projects. To qualify, projects must restrict housing units to certain income levels as further described in the Chapter. The AHO may be applied by itself or in combination with State Density Bonus Law to density bonuses beyond those allowable under State Density Bonus Law.

Section 16.98.020 Definitions.
(a) “Affordable units” means residential dwelling units that are restricted to households that qualify as extremely low, very low, and low-income. For for-sale residential projects, moderate income also applies as an affordable unit.
(b) “Mixed use” means developments consisting of residential and nonresidential uses with at least two thirds of the square footage designated for residential use.

Section 16.98.030 Applicability.

The AHO and this Chapter apply to the Menlo Park El Camino Real and Downtown Specific Plan area, properties zoned R-4-S(AHO) (High Density Residential, Special - Affordable Housing Overlay), properties zoned R-3 (Apartment) and located around the El Camino Real/Downtown Specific Plan Area as described in Chapter 16.30, and housing opportunity sites identified in the adopted Housing Element (2023-2031) as described in Appendix 7-1, Page C-1.10
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Table 2, with the exception for site #38. Properties within the AHO may, but are not required to utilize the rules and regulations of this Chapter.

Section 16.98.040 Affordable housing requirement.
(a) To qualify for the density bonuses and incentives pursuant to this Chapter, a development project must:
(1) Be a 100% residential or mixed-use project;
(2) Provide five or more residential units;
(3) Provide a minimum number of affordable units as follows:
(A) At least 20% of the total residential units in the development shall be restricted to extremely low, very low, and low-income households in rental developments; (B) At least 20% of the total residential units in a development shall be restricted to extremely low, very low, low-income and moderate income households in for-sale and condominium developments;
(C) At least 25% of the total affordable units shall be restricted to very low and extremely low-income income households, or at least 15% of the total affordable units shall be restricted to extremely low-income households.
(b) The affordable units required pursuant to subsection 16.98.040(3), above, shall be calculated based on the total number of units in the development, excluding any units permitted pursuant a density bonus as set forth in section 16.98.050.

Section 16.98.050 Density Bonus.

Development projects meeting the criteria set forth in section 16.98.040 shall be eligible for a density bonus pursuant to this section.
(a) For 100% residential or mixed-use developments meeting the criteria of 16.98.040, a density bonus shall be granted and calculated pursuant to Table 1 of this chapter. (b) AHO Density Bonus Not Combined with State Density Bonus. Where at least 20% of the total number of units, exclusive of any density bonus units, of a housing development are restricted as affordable units, the density bonus granted and calculated shall be pursuant to Table 1.
(1)The percentage of affordable units shall be calculated as a percentage of the total number of units in a project, exclusive of any density bonus units. The density bonus is the sum of the applicable density bonus based on the percentage of affordable units in the applicable income category. In no instance shall the total density bonus exceed 60%, unless a project is 100% affordable. For a 100% affordable residential project, the project is allowed a maximum density bonus of 80% for the residential units. (c) AHO Density Bonus Combined with State Density
Bonus. Where at least 25% of the total units, exclusive of any density bonus units, of a housing development are restricted as affordable units, the density bonus granted and calculated pursuant to Table 1 may be combined with a density bonus granted pursuant to the State Density Bonus Law (Government Code section 65915 et seq.) (1) When application of the AHO is combined with the provisions of State Density Bonus Law, the density bonus is additive. The percentage of affordable units shall be calculated as a percentage of the total number of units in a project, not including any density bonus units. The combined density bonus is the sum of the following: 1) the applicable density bonus based on the proposed project pursuant State Density Bonus Law and 2) onequarter of the applicable density bonus provided by the AHO in Table 1. In no instance shall the total density bonus exceed 65%, unless a project is 100% affordable. For a Page C-1.11
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100% affordable residential project combining use of the AHO and State Density Bonus Law, the project is allowed a density of up to 150 dwelling units per acre. (2) A Density Bonus may only be utilized to increase density of the residential uses of a development project and shall not be utilized to increase FAR, height, or any other density metric for non-residential uses within a development project.

Table 1: Density Bonus***
Percentage
of Affordable
Units in a
Development
Very
Low
Income**
Low
Income
Moderate
Income*
5% 20.0% 0% 0%
6% 22.5% 0% 0%
7% 25.0% 0% 0%
8% 27.5% 0% 0%
9% 30.0% 0% 0%
10% 32.5% 20.0% 5.0%
11% 35.0% 21.5% 6.0%
12% 38.75% 23% 7.0%
13% 42.5% 24.5% 8.0%
14% 46.25% 26.0% 9.0%
15% 50.0% 37.0% 10.0%
16% 50.0% 37.0% 10.0%
17% 50.0% 37.0% 10.0%
18% 50.0% 37.0% 10.0%
19% 50.0% 37.0% 10.0%
20% 51.0% 39.0% 17.0%
21% 52.0% 41.0% 18.5%
22% 53.0% 43.0% 20.0%
23% 54.0% 45.0% 21.5%
24% 55.0% 47.0% 23.0%
25% 56.0% 49.0% 24.5%
26% 57.0% 51.0% 26.0%
27% 58.0% 53.0% 27.5%
28% 59.0% 55.0% 29.0%
29% 60.0% 57.0% 30.5%
30% 60.0% 60.0% 32.0%
31% 60.0% 60.0% 33.5%
32% 60.0% 60.0% 35.0%
33% 60.0% 60.0% 36.5%
34% 60.0% 60.0% 38.0%
35% 60.0% 60.0% 39.5%
36% 60.0% 60.0% 41.0%
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37% 60.0% 60.0% 42.5%
38% 60.0% 60.0% 44.0%
39% 60.0% 60.0% 45.5%
40% 60.0% 60.0% 47.0%
41% 60.0% 60.0% 48.5%
42% 60.0% 60.0% 50.0%
43% 60.0% 60.0% 51.5%
44% 60.0% 60.0% 53.0%
100% 80.0% 80.0% 80.0%
*Applicable to only home ownership units
** Or any income category which an AMI that is less than very low income AMI ***All density bonus calculations resulting in fractions of less than .5 shall be rounded down to the next whole number. All density bonus calculations resulting in fractions of .5 and up are rounded up to the next whole number.

Section 16.98.060 Incentives and fee waivers.

In addition to granting a density bonus, the City shall grant one or more “incentives” to each project that qualifies for a density bonus pursuant to this Chapter. An applicant for a housing development that qualifies for a density bonus utilizing the AHO shall be entitled to each and only the following incentives:
(a) Floor Area Ratio. A project shall be permitted to increase the floor area ratio by an amount that proportionally corresponds to the increase in allowable density identified in section

16.98.050 above and an additional five percent or other increase reasonably sufficient to make development of very-low, low and moderate income multiple-bedroom units and family housing feasible.
(b) Stories/Height. A project shall be permitted to increase the height up to the maximum number of feet that are necessary to accommodate the increased density afforded by the density bonus. The applicant shall demonstrate to the satisfaction of the Community Development Director, or designee, that the height increase is necessary to accommodate the increased density afforded by the density bonus. For mixed use projects the height increase is only applicable to the residential component of the project. (c) Parking. Unless modified herein, the parking requirements in the underlying zoning designation of the property shall apply. All fractional units shall be rounded up to the nearest whole number. The parking requirements in the AHO shall be modified for each affordable unit as follows:
(1) Number of spaces:
(A) Studio requires 0.5 parking spaces.
(B) A one-bedroom requires one parking space.
(C) A two-bedroom or larger unit requires 1.5 parking spaces. (2) A senior citizen housing project as defined in Sections 51.3 and 51.12 of the Civil Code shall be required to provide no more than 0.5 parking spaces per dwelling unit. (3) The spaces required for the affordable units need not be covered or located in a garage or carport.
(4) If two spaces are being provided for any one affordable dwelling unit, the spaces may be in tandem.
(5) Long-term bicycle parking may be allowed a reduction of 0.5 spaces per unit. (d) Parcels that are adjacent to one another, share any portion of a property line, and are within the same underlying zoning district may calculate density, floor area ratio, building Page C-1.13
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coverage, paving, landscaping and required parking across the parcels, provided that there is a recorded agreement among the owner(s) of the parcels transferring development rights between the parcels such that the maximum overall density of the combined parcels is not exceeded.
(e) Coverage. In addition to the amount necessary to physically accommodate the increased density provided for by this Chapter, any applicable maximum building coverage and/or allowable paving requirement shall be increased by five percent and the minimum open space/landscaping requirement reduced by 10 percent from the underlying zoning designation.
(f) Setbacks. In addition to the amount necessary to physically accommodate the increased density provided for by this Chapter, required setbacks shall be reduced to five feet, except when the parcel subject to the AHO abuts a parcel zoned single-family residential, in which case the setbacks identified in underlying zoning shall control. (g) Open Space. In addition to the amount necessary to physically accommodate the increased density provided for by this Chapter, any common and/or private open space may be reduced by up to 50 percent from the underlying zoning. (h) Processing Fees. Those projects that provide at least 50 percent of the units in a project for low-income households or 25 percent for very-low income households may be entitled to a fee waiver for all processing fees associated with the various applications for development, subject to demonstrating that the project would not be feasible without the waiver of processing fees.
(i) Other Fees. Those projects that provide at least 50 percent of the units in the project for low-income households or 25 percent for very-low income households may be entitled to a reduction in all other fees in an amount that corresponds to the increase in allowable density identified in section 16.98.050 above, with a maximum of 65% for a 100% affordable housing project, subject to demonstrating that the project would not be feasible without the waiver of certain impact fees. Any project requesting a reduction or waiver of the traffic impact fee, park dedication fee, building construction street impact fee, Menlo Park El Camino Real Downtown Specific Plan preparation fee, or other fee(s) in excess of that percentage reduction shall apply for the requested reduction or waiver, which shall be subject to a discretionary review and approval process. The City Council shall be the final decision maker regarding any such request.
(j) Incentives and fee waivers granted pursuant to this section shall not be combined with any incentives or fee waivers granted pursuant to the State Density Bonus Law (Government Code 65915 et seq.)
Section 16.98.070 Continued affordability.

Prior to issuance of any building permit, the applicant shall execute an agreement with the City in a form acceptable to the City Attorney ensuring the continued affordability of the affordable units for a period of not less than 55 years and compliance with the City’s Below Market Rate Housing Program Guidelines. This content may be part of a Below Market Housing Agreement.

Section 16.98.080 Additional provisions.

Development Projects approved pursuant to this chapter shall adhere to the following provisions:
(a) Review of projects under this Chapter 16.98 shall occur concurrently with review of any other entitlements required for the project.

Page C-1.14
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(b) The affordable units must be constructed concurrently with market-rate units and shall be integrated into the project and be comparable in construction quality and exterior design to any market rate units.
(c) The number of bedrooms in the affordable units shall be consistent with the mix of market rate units. Applicants may elect to include a higher percentage of units with more bedrooms. (d) The affordable units shall also comply with the City’s Below Market Rate Housing Program Guidelines.

Section 4. Severability.

If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied.

Section 5. Compliance with CEQA.

The City Council hereby finds that the action to adopt this Ordinance was considered within the Subsequent Environmental Impact Report (SCH #2015062054) (SEIR) for the Housing Element Update project, certified by Council Resolution No. 6808, adopted January 31, 2023. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The SEIR was certified in January 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project. (c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was certified as complete, has been submitted to the City.

Section 6. Publication; effective date.

This ordinance shall become effective thirty (30) days after the date of its adoption. Within fifteen (15) days of its adoption, the ordinance shall be posted in three (3) public places within the City of Menlo Park, and the ordinance, or a summary of the ordinance, shall be published in a local newspaper used to publish official notices for the City of Menlo Park prior to the effective date.
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INTRODUCED on the twenty-eighth day of November, 2023.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of __, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Jen Wolosin, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Page C-1.16
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO

APPROVE AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.I, CREATE NEW

OPPORTUNITIES FOR MIXED-USE DEVELOPMENT, AND DETERMINE THAT

THE AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN

WERE CONSIDERED WITHIN THE HOUSING ELEMENT UPDATE

ATTACHMENT B
Page C-1.17
amendments necessary to implement the programs within the Housing Element, including Program H4.I; and
WHEREAS, City staff determined that amendments to the City of Menlo Park General Plan Land Use Element are necessary to implement Housing Element Program H4.I; and WHEREAS, the amendments to the General Plan Land Use Element include changing the land use designation of parcels currently in the C-1-A (Administrative and Professional) zoning district from “Professional and Administrative Office” to “Retail/Commercial”, both under the broader “Commercial” land use designation (Exhibit A); removing zoning districts to be repealed from certain land use designations; adding parcels in the new C-MU (Neighborhood Mixed Use) zoning district to the “Retail/Commercial” land use designation; modifying the description of the “Professional and Administrative Office” land use designation to permit residential density up to 30 dwelling units per acre; and modifying the description of the “Office” land use designation to permit residential density up to 30 dwelling units per acre for all housing (Exhibit B); and WHEREAS, the proposed amendments to the General Plan are internally consistent; and WHEREAS, the City, as the lead agency, pursuant to CEQA and the CEQA Guidelines previously prepared and certified the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) in November 2016 and certified the Housing Element Update Subsequent EIR (SCH #2015062054) (“SEIR”) in January 2023; and WHEREAS, on August 23, 2021 the City sent notifications of the Housing Element Update SEIR and proposed General Plan amendments to California Native American tribes, identified by the Native American Heritage Commission, notifying the tribes of the opportunity to conduct consultations on the proposed amendments, per the requirements of California Senate Bill 18; and
WHEREAS, after the 90-day comment period, the City did not receive any requests for consultation on the proposed General Plan amendments; 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 October 23, 2023 that was continued to November 6, 2023, the Planning Commission considered the previously-certified SEIR as part of its consideration of the proposed amendments to the Land Use Element of the General Plan, prior to making a determination on its recommendation to the City Council; and WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted to recommend that the City Council of the City of Menlo Park make findings that the proposed amendments to the Land Use Element of the General Plan are in compliance with all applicable State regulations and the City General Plan, and adopt a resolution approving the proposed Land Use Element Amendments; and
WHEREAS, at a duly and properly noticed public hearing held on ___, 2023, the City Council considered the previously-certified SEIR as part of its consideration of the Planning Commission’s recommendation on the proposed amendments to the Land Use Element of the General Plan, prior to making a determination on the proposed amendments.

Page C-1.18

NOW, THEREFORE, THE MENLO PARK CITY COUNCIL HEREBY 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 items as the staff report, public testimony, SEIR, the Planning Commission’s review and recommendation, and other materials and evidence submitted or provided, and the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. CEQA findings. The City Council of the City of Menlo Park does hereby make the following findings:

1. There have not been any substantial changes in the amendments based upon substantial evidence and none of the conditions described in §§15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
a. There have not been any substantial changes in the amendments to the General Plan that require major revisions of the SEIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The Housing Element Update SEIR was certified in January 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project; and
c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was certified as complete, has been submitted to the City.

2. Based on the above findings, the City Council determines that the previously-certified SEIR is adequate to serve as the required environmental documentation for the General Plan amendments.

Section 3. Findings. The City Council of the City of Menlo Park does hereby make the following findings:

1. The amendments to the Land Use Element of the General Plan are necessary to allow the City Council to consider implementation of Housing Element Program H4.I to create new opportunities for mixed-use development in certain existing commercial zoning districts.

2. The amendments to the Land Use Element of the General Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan.

3. The amendments would be consistent with the previously-certified SEIR prepared for the Housing Element Update.

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 Housing Element Update, shall continue in full force and effect unless amended or modified by the City. //
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Page C-1.19
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 ___ day of November, 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 ___, 2023.

EXHIBIT B
Proposed General Plan Land Use Element Amendments
Section 1. Land Use Element, Table 1 (Land Use Designations and Zoning Districts), is hereby amended to modify the “Commercial” designations on Page LU-13 as follows (Additions in underline, deletions in strikethrough.):

General Plan
Land Use
Designation
Applicable Zoning Districts Acreage
Percentage
of NonBaylands
Area
Commercial
Retail/
Commercial
Neighborhood Shopping (C-2)
Neighborhood Shopping, Restrictive (C-2-A)
Neighborhood Mixed Use, Restrictive (C-2-B)
Neighborhood Commercial, Special (C-2-S)
General Commercial (C-4)
Neighborhood Mixed Use (C-MU)
Parking (P)
254
4245

7.2%

1.2%
Professional and
Administrative
Offices
Administrative and Professional, Restrictive (C-1)
Administrative and Professional (C-1-A)
Administrative, Professional and Research,
Restrictive (C-1-C)
Apartment Office (R-3-C)**
212209 6%
Section 2. Land Use Element, Table 1 (Land Use Designations and Zoning Districts), is hereby amended to modify the “Office” designation within the “Bayfront Area” land use designations on Page LU-13 as follows (Additions in underline, deletions in strikethrough.):

General Plan
Land Use
Designation
Applicable Zoning Districts Acreage
Percentage
of NonBaylands
Area
Bayfront Area
Office Office (O) – Base/Bonus/Commercial/Hotel/Corp.

Housing/Housing
511 14.5%
Section 3. Land Use Element, page LU-15 subheading “Professional and Administrative Office,” is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Professional and Administrative Office. This designation provides for professional, executive, general, and administrative offices, banks, savings and loans, R&D facilities, convalescent homes, residential uses, public and quasi-public uses, and similar and Page C-1.22

EXHIBIT B
compatible uses. Residential density shall not exceed 18.530 units per acre. The maximum FAR for non-residential uses shall be a maximum of 40 percent, as identified in the applicable zoning district.

Section 4. Land Use Element, page LU-16 subheading “Office,” is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Office. This designation provides for office and R&D uses, business-oriented community education and training facilities, supportive sales and personal services, corporate housing, and hotel uses. The designation also accommodates existing and new lightindustrial uses that are not in conflict with existing or planned commercial or residential uses in the vicinity. Hotels are allowed as options in several locations. Corporate hHousing density shall not exceed 30 units per acre. The maximum base FAR shall be 45 percent and the maximum bonus FAR with community amenities shall be 100 percent. Maximum FAR for corporate housing shall be 6090 percent, for retail and service uses shall be 25 percent, and for hotels shall be 175 percent.

Page C-1.23
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO

APPROVE AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.I, CREATE NEW

OPPORTUNITIES FOR MIXED-USE DEVELOPMENT, AND DETERMINE THAT

THE AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN

WERE CONSIDERED WITHIN THE HOUSING ELEMENT UPDATE

SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
WHEREAS, the City of Menlo Park General Plan provides a framework for land use and planning decisions, including the General Plan Land Use Element last comprehensively updated in November 2016; and
WHEREAS, beginning in 2021, the City undertook a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, on December 8, 2021, the City Council conducted a public meeting and reviewed and recommended potential land use strategies for the Housing Element, and among those was a strategy to modify the city’s retail/commercial zoning districts to allow for residential uses and other potential development standards to encourage the production of mixed-use developments; and
WHEREAS, on May 11, 2022, the City released a draft Housing Element containing policies and programs to help the City meet its Regional Housing Needs Allocation (RHNA), including programs to rezone properties and amend the Zoning Ordinance to encourage the development of new residential uses on identified nonresidential zoned sites; and WHEREAS, on January 31, 2023, the City adopted the Housing Element, including Housing Element Policy H4.4, Mixed-Use Housing, to encourage well-designed residential mixed-use developments where residential use is appropriate to the setting, in proximity to transit and other services, within certain existing non-residential zoning districts; and WHEREAS, the adopted Housing Element includes Policy H4.5, Redevelopment of Commercial Shopping Areas and Sites, to encourage housing development in conjunction with the redevelopment of commercial shopping areas and sites; and WHEREAS, the adopted Housing Element includes Program H4.I, Create New Opportunities for Mixed-Use Development, to adopt Zoning Ordinance amendments (and other related actions) to allow only residential uses and/or mixed-use developments with a density of up to 30 dwelling units per acre in existing non-residential zones; and
WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.I; and
WHEREAS, the City Council held a study session on August 22, 2023 to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan ATTACHMENT B Page C-1.24
amendments necessary to implement the programs within the Housing Element, including Program H4.I; and
WHEREAS, City staff determined that amendments to the City of Menlo Park General Plan Land Use Element are necessary to implement Housing Element Program H4.I; and WHEREAS, the amendments to the General Plan Land Use Element include changing the land use designation of parcels currently in the C-1-A (Administrative and Professional) zoning district from “Professional and Administrative Office” to “Retail/Commercial”, both under the broader “Commercial” land use designation (Exhibit A); removing zoning districts to be repealed from certain land use designations; adding parcels in the new C-MU (Neighborhood Mixed Use) zoning district to the “Retail/Commercial” land use designation; modifying the description of the “Professional and Administrative Office” land use designation to permit residential density up to 30 dwelling units per acre; and modifying the description of the “Office” land use designation to permit residential density up to 30 dwelling units per acre for all housing (Exhibit B); and WHEREAS, the proposed amendments to the General Plan are internally consistent; and WHEREAS, the City, as the lead agency, pursuant to CEQA and the CEQA Guidelines previously prepared and certified the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) in November 2016 and certified the Housing Element Update Subsequent EIR (SCH #2015062054) (“SEIR”) in January 2023; and WHEREAS, on August 23, 2021 the City sent notifications of the Housing Element Update SEIR and proposed General Plan amendments to California Native American tribes, identified by the Native American Heritage Commission, notifying the tribes of the opportunity to conduct consultations on the proposed amendments, per the requirements of California Senate Bill 18; and
WHEREAS, after the 90-day comment period, the City did not receive any requests for consultation on the proposed General Plan amendments; 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 October 23, 2023 that was continued to November 6, 2023, the Planning Commission considered the previously-certified SEIR as part of its consideration of the proposed amendments to the Land Use Element of the General Plan, prior to making a determination on its recommendation to the City Council; and WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted to recommend that the City Council of the City of Menlo Park make findings that the proposed amendments to the Land Use Element of the General Plan are in compliance with all applicable State regulations and the City General Plan, and adopt a resolution approving the proposed Land Use Element Amendments; and
WHEREAS, at a duly and properly noticed public hearing held on ___, 2023, the City Council considered the previously-certified SEIR as part of its consideration of the Planning Commission’s recommendation on the proposed amendments to the Land Use Element of the General Plan, prior to making a determination on the proposed amendments.

Page C-1.25

NOW, THEREFORE, THE MENLO PARK CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

Section 2. CEQA findings. The City Council of the City of Menlo Park does hereby make the following findings:

2. Based on the above findings, the City Council determines that the previously-certified SEIR is adequate to serve as the required environmental documentation for the General Plan amendments.

Section 3. Findings. The City Council of the City of Menlo Park does hereby make the following findings:

2. The amendments to the Land Use Element of the General Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan.

3. The amendments would be consistent with the previously-certified SEIR prepared for the Housing Element Update.

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 Housing Element Update, shall continue in full force and effect unless amended or modified by the City. //
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Page C-1.26
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 ___ day of November, 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 ___, 2023.

Judi A. Herren, City Clerk
Exhibits
A. General Plan Land Use Map Amendment: Professional and Administrative Office to Retail/Commercial
B. Amendments to the Land Use Element of the General Plan Page C-1.27
0 0.1 0.2 0.3 0.4 0.5
Miles
6th Cycle Housing Element Update
General Plan Land Use Map Amendment
Willow Road
Middlefield Road
Legend
Existing Commercial Districts
Existing Professional and Administrative Offices
Other Parcels
City Limits
City Limits
GENERAL PLAN LAND USE MAP AMENDMENT:

Professional and Administrative Offices to Retail/
Commercial.

Page C-1.28

7.2%

General Plan
Land Use
Designation
Applicable Zoning Districts Acreage
Percentage
of NonBaylands
Area
Bayfront Area
Office Office (O) – Base/Bonus/Commercial/Hotel/Corp.

Section 4. Land Use Element, page LU-16 subheading “Office,” is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Page C-1.30
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK REPEALING CHAPTERS 16.32 (C-1-A, ADMINISTRATIVE AND
PROFESSIONAL DISTRICT), 16.37 (C-2-S, NEIGHBORHOOD COMMERCIAL DISTRICT, SPECIAL), 16.39 (C-2-A, NEIGHBORHOOD SHOPPING DISTRICT, RESTRICTIVE) AND 16.42 (C-4, GENERAL COMMERCIAL DISTRICT) OF TITLE 16 OF THE MENLO PARK MUNICIPAL CODE (“MUNICIPAL CODE”); AMENDING CHAPTERS 16.30 (C-1, ADMINISTRATIVE AND PROFESSIONAL DISTRICT, RESTRICTIVE), 16.36 (C-1-C, ADMINISTRATIVE, PROFESSIONAL AND RESEARCH DISTRICT, RESTRICTIVE), 16.38 (C-2, NEIGHBORHOOD SHOPPING DISTRICT), AND 16.43 (O, OFFICE DISTRICT) OF THE MUNICIPAL CODE, AND AMENDING AND RENAMING CHAPTER 16.40 (C-2-B,

NEIGHBORHOOD MIXED USE DISTRICT, RESTRICTIVE) TO C-MU,
NEIGHBORHOOD MIXED USE; AMENDING ASSOCIATED ZONING

ORDINANCE CHAPTERS FOR CONSISTENCY WITH THE ZONING
CHANGES; AND REZONING C-1-A, C-2-S, C-2-A, C-2-B, C-4, AND CERTAIN C-2 AND P PARCELS TO C-MU TO IMPLEMENT HOUSING ELEMENT
PROGRAM H4.I AND CREATE NEW OPPORTUNITIES FOR MIXED-USE

DEVELOPMENT
WHEREAS, beginning in 2021, the City undertook a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, previously, on December 8, 2021, the City Council conducted a public meeting and reviewed and recommended potential land use strategies for the Housing Element, and among those was a strategy to modify the city’s retail/commercial zoning districts to allow for residential uses and other potential development standards to encourage the production of mixed-use developments; and
WHEREAS, the adopted Housing Element includes Policy H4.4, Mixed-Use Housing, to encourage well-designed residential mixed-use developments where residential use is appropriate to the setting, and proximate to transit and other services, within certain existing non-residential zoning districts; and
WHEREAS, the adopted Housing Element includes Policy H4.5, Redevelopment of Commercial Shopping Areas and Sites, to encourage housing development in conjunction with the redevelopment of commercial shopping areas and sites; and WHEREAS, the adopted Housing Element includes Program H4.I, Create New Opportunities for Mixed-Use Development, to adopt Zoning Ordinance amendments (and other related actions) to allow only residential uses and/or mixed-use developments with a density of up to 30 dwelling units per acre in existing non-residential zones; and
WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.I; and
ATTACHMENT C Page C-1.31
WHEREAS, the City Council held a study session on August 22, 2023 to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.I; and
WHEREAS, a strategy was identified to consolidate and rezone the properties in seven existing districts (C-1-A, C-2-S, C-2-A, C-2-B, C-4, and certain C-2 and P properties) identified in Exhibit A-2 into a single C-MU (Neighborhood Mixed Use) zoning district (Exhibit A), and the Zoning Ordinance text amendments and rezoning would allow the development of residential uses with a density of up to 30 dwelling units per acre and/or neighborhood-serving retail and commercial uses typically on smaller parcels along Willow Road, Middlefield Road, and neighborhood collector streets, consistent with Housing Element Program H4.I; and WHEREAS, the rezoning of properties identified in Exhibit A-2 is consistent with the General Plan land use designation of Commercial; and
WHEREAS, a second approach was identified to amend the Zoning Ordinance to allow the development of residential uses with a density of up to 30 dwelling units per acre in four existing zoning districts (C-1, C-1-C, C-2, and on certain O parcels) generally on larger sites and/or in office parks typically along Sand Hill Road and within the area bounded by Marsh Road, Bohannon Drive, and Scott Drive, consistent with Housing Element Program H4.I and as identified in Exhibits B, C, D, and E; and
WHEREAS, the amendments to the various districts in the Zoning Ordinance to implement Program H4.I would also result in a need to amend Chapters 16.02 (General Provisions), 16.08 (Districts Established—General Regulations), 16.72 (Off-Street Parking), and 16.80 (Nonconforming Uses and Buildings) of the Municipal Code to ensure that new development complies with mitigation monitoring requirements from the Housing Element Update Subsequent Environmental Impact Report (SEIR), to regulate parking for residential uses, to exempt existing development from nonconformities that may directly result from zoning changes, and to ensure consistency throughout the Municipal Code as indicated in Exhibit F; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2023 that was continued to November 6, 2023 to review and consider amendments to the General Plan Land Use Element, amendments to Title 16 of the Menlo Park Municipal Code, and subsequent zoning map amendments (“rezonings”), and adopted Planning Commission Resolution No. 2023-___ recommending that the City Council adopt the amendments, where all interested persons had the opportunity to appear and comment; and WHEREAS, after due consideration of the proposed amendments to Title 16 and the rezoning of certain properties, public comments, the Planning Commission’s recommendation, and the staff report, the City Council finds that the proposed amendments and rezoning of properties as identified herein is consistent with the General Plan and is appropriate.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:

Section 1. Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.

Page C-1.32
Section 2. Repeal.

Chapter 16.32 – C-1-A Administrative and Professional District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby repealed in its entirety.

Section 3. Repeal.

Chapter 16.37 – C-2-S Neighborhood Commercial District, Special of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby repealed in its entirety.

Section 4. Repeal.

Chapter 16.39 – C-2-A Neighborhood Shopping District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby repealed in its entirety.

Section 5. Repeal.

Chapter 16.42 – C-4 General Commercial District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby repealed in its entirety.

Section 6. Amendment.

Chapter 16.40 – C-2-B Neighborhood Mixed Use District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby renamed C-MU Neighborhood Mixed Use and amended to read as indicated in Exhibit A.

Section 7. Zoning map amendment.

The zoning map of the City of Menlo Park is hereby amended such that certain real properties as identified in Exhibit A-2 are rezoned to the C-MU (Neighborhood Mixed Use) zoning district; Section 8. Amendment.

Chapter 16.30 – C-1 Administrative and Professional District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as indicated in Exhibit B.

Section 9. Amendment.

Chapter 16.36 – C-1-C Administrative, Professional and Research District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as indicated in Exhibit C.

Section 10. Amendment.

Chapter 16.38 – C-2 Neighborhood Shopping District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as indicated in Exhibit D.

Section 11. Amendment.

Chapter 16.43 – O Office District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as indicated in Exhibit E.

Section 12. Amendments.

Chapter 16.02 – General Provisions, Chapter 16.08 – Districts Established—General Regulations, Chapter 16.72 – Off-Street Parking, and Chapter 16.80 – Nonconforming Uses and Buildings of Title 16 – Zoning of the City of Menlo Park Municipal Code are hereby amended to read as indicated in Exhibit F.

Page C-1.33
Section 13. Severability.

Section 14. Compliance with CEQA.

Section 15. Publication; effective date.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the ___ day of ___, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Jen Wolosin, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Exhibits
A. Amendments to Chapter 16.40 – C-2-B Neighborhood Mixed Use District A-2. C-MU Rezoning Map
B. Amendments to Chapter 16.30 – C-1 Administrative and Professional District, Restrictive C. Amendments to Chapter 16.36 – C-1-C Administrative, Professional and Research District, Restrictive
D. Amendments to Chapter 16.38 – C-2 Neighborhood Shopping District E. Amendments to Chapter 16.43 – O Office District
F. Amendments to Chapters 16.02, 16.08, 16.72, and 16.80 Page C-1.35

EXHIBIT A
Proposed Zoning Ordinance Text Amendments to Chapter 16.40 of Title 16 of the City of Menlo Park Municipal Code
Section 1. Chapter 16.40 – C-2-B Neighborhood Mixed Use District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby renamed and amended to read as follows (additions in underline, deletions in strikethrough text):

Chapter 16.40
C-2-BC-MU NEIGHBORHOOD MIXED USE DISTRICT, RESTRICTIVE

16.40.010 Permitted uses.

Permitted uses in the C-2-BC-MU district, all within a building and intended to serve the neighborhood and limited to the hours between eight (8) a.m. and eight (8) p.m., including loading and unloading of any kind, are as follows:
(1) Retail services;
(2) Personal services;
(3) Cafes and restaurants, excluding (A) fast food restaurants, (BA) drive-inthrough restaurants, (CB) restaurants serving beer, wine or alcoholic beverages, and (DC) restaurants providing live music or entertainment;
(44) Multiple dwellings. (Ord. 1027 § 3 (part), 2016: Ord. 936 § 3 (part), 2005: Ord. 766 § 3 (part), 1988).

16.40.015 Administratively permitted uses.

Uses allowed in the C-2-BC-MU district, subject to obtaining an administrative permit, are as follows:
(1) Financial services;
(2) Professional offices;
(3) All of the specified uses in this chapter between the hours of eight (8) p.m. and eight (8) a.m., or when not intended to serve the neighborhood. (Ord. 1027 § 3 (part), 2016: Ord. 936 § 3 (part), 2005).
(3) Outdoor seating;
(4) Live music or entertainment.

16.40.020 Conditional uses.

Conditional uses allowed in the C-2-BC-MU district, subject to obtaining a use permit, are as follows:
(1) Service stations, with or without car wash and/or mini-mart; (2) Automotive repair with service station;
(3) Mortuaries;
(4) Convalescent homes;
(5) Mini-warehouse storage;
(5) Child day care center;
(6) Cafes and restaurants serving beer, wine, or alcoholic beverages and/or provides live music or entertainment;
Page C-1.36

EXHIBIT A
(7) Cafes and restaurants, financial services, or retail services uses with a drive-through, limited to one drive-through establishment for each of the following sites (a) and (b):
(a) San Mateo County Assessor’s Parcel Number 055-395-090; (b) San Mateo County Assessor’s Parcel Number 055-398-270 or 055-398-280; (78) Public utilities in accordance with Chapter 16.76; (89) Special uses in accordance with Chapter 16.78. (Ord. 1027 § 3 (part), 2016: Ord. 936 § 3 (part), 2005: Ord. 850 § 7 (part), 1993; Ord. 766 § 3 (part), 1988).

16.40.030 Development regulations.

Development regulations in the C-2-BC-MU district are as follows:
(1) Minimum district size: twenty-five thousand (25,000) square feet; (2) Minimum lot area: none, except that the cumulative lot area of all property within the C2-BC-MU district shall be no less than twenty-five thousand (25,000) square feet; (3) Minimum lot dimensions: none;
(4) Required minimum yards: front, ten (10) feet; side, none; corner side, ten (10) feet, rear, none; except when abutting a residential district where a twenty (20) foot yard shall be provided;
(5) Land covered by all structures shall not exceed sixty percent (60%) of a building site; (6) Not less than ten percent (10%) of a building site shall be occupied by appropriate landscaping;
(7) Height of structures shall not exceed thirty (30) feet. For a mixed residential and nonresidential development, the maximum building height shall not exceed forty (40) feet;
(8) In the case of conditional uses, additional regulations may be required by the planning commission;
(9) Nonresidential uses are a required component of any development in the C-MU district, except for sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low and low income households, which are subject to the provisions of Section 16.08.105;
(910) The floor area ratio for nonresidential uses shall not exceed forty percent (40%), except that fifty percent (50%) may be allowed with use permit approval and a minimum lot size of twenty thousand (20,000) square feet;
(1011) The maximum density is thirty (30) dwelling units per acre (du/ac) is thirty (30) du/ac; (1112) The floor area ratio for multiple dwelling units shall increase on an even gradient up to ninety percent (90%) for thirty (30) du/ac. The maximum floor area ratio may be allowed when the maximum number of dwelling units is proposed, even if less than thirty (30) du/ac;
(1213) In a mixed residential and commercial development, the combined maximum floor area ratio shall not exceed one hundred ten percent (100%110%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per subsections (910) and (1112) of this section; (14) In a mixed nonresidential and residential development that provides the maximum number of dwelling units per subsection (12), the combined maximum floor area ratio is one hundred-forty percent (140%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per subsections (10) and (12) of this section;
(1315) Development in the C-2-BC-MU district shall meet the following parking requirements:
(a) Parking shall not be located in any required yard adjacent to a street.

Page C-1.37

EXHIBIT A
Land Use
Minimum Spaces
(Per Unit or 1,000
Sq. Ft.)
Maximum Spaces
(Per Unit or 1,000
Sq. Ft.) Minimum Bicycle Parking1
Residential units 1 per unit 1.5 per unit 1.5 long-term2 per unit; 10% additional short-term2 for guests
Office 2 3 1 per 5,000 sq.ft. of gross floor
area
Minimum 2 spaces for office and
research development:
80% for long-term2 and 20% for
short-term2
For all other commercial uses:
20% for long-term2 and 80% for
short-term2
Research and
development

1.5 2.5
Retail 2.5 3.3
Financial services 2 3.3
Eating and drinking
establishment

2.5 3.3
Personal services 2 3.3
Private recreation 2 3.3
Child care center 2 3.3
Other At transportation
manager discretion
At transportation
manager discretion
At transportation manager
discretion
1 See the latest edition of best practice design standards in Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines. 2 Long-term parking is for use over several hours or overnight, typically used by employees and residents. Short-term parking is considered visitor parking for use from several minutes to up to a couple of hours. (b) The electric vehicle charging spaces requirements in Section 16.72.010 apply. (Ord. 1050 § 7, 2018: Ord. 1027 § 3 (part), 2016: Ord. 766 § 3 (part), 1988). (c) Parking facilities may be shared at the discretion of the city’s transportation manager if multiple uses cooperatively establish and operate the facilities, if these uses generate parking demands primarily during different hours than the remaining uses, and if a sufficient number of spaces are provided to meet the maximum cumulative parking demand of the participating uses at any time. An individual development proposal may incorporate a shared parking study to account for the mixture of uses, either on site or within a reasonable distance.

The shared parking supply would be subject to review and approval based on the proposed uses, specific design and site conditions. Project applicants may also be allowed to meet the minimum parking requirements through the use of nearby off-site facilities at the discretion of the transportation manager.

16.40.040 Residential design standards.

EXHIBIT A
design standards apply only to the new construction. Design standards may be modified subject to approval of a use permit or a conditional development permit per Chapter 16.82. (1) Building Setbacks and Projections within Setbacks.
(A) Building projections, such as balconies and bay windows, at or above the second floor shall not project beyond a maximum of five (5) feet into the setback area. (B) Where a property is contiguous to a single-family zoned property, no projections into the setback are permitted for balconies or decks at or above the second floor.
(C) The total area of all horizontal and vertical building projections shall not exceed thirty-five percent (35%) of the building facade area, and no one projection shall exceed fifteen percent (15%) of the facade area on which the projections are located. Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.)
Page C-1.39

EXHIBIT A
(2) Facade Modulation and Treatment.
(A) Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.

Page C-1.40

EXHIBIT A
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building. (C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of twenty-five (25) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(C) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in Section 16.40.040(1). (See Figure 2.)
(D) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile. (E) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize materials and colors consistent with the design of the remainder of the building.

Page C-1.41

EXHIBIT A
(4) Height.
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height. (B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) All exterior stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted. (B) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors. (C) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(D) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view. (E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095. (7) Open Space.
(A) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided. (B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum). (ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).

Page C-1.42

EXHIBIT A
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).
(8) Access and Parking.
(A) Shared entrances to parking for nonresidential and residential uses shall be used where possible.
(B) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(C) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets. (D) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(E) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(F) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided. (9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

16.40.050 Residential green and sustainable building.

In addition to meeting all applicable regulations specified in Title 12 (Buildings and Construction), the following provisions shall apply to construction of any new building incorporating residential uses, residential additions to any existing building, and alterations of residential buildings. Implementation of these provisions may be subject to separate discretionary review and environmental review pursuant to the California Environmental Quality Act.
(1) Green Building.
(A) Any new construction, addition or alteration of a building with residential uses shall be required to comply with Table 16.40.050(1)(B). (2) Energy.
(A) For all new construction, the project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of the following measures:
(i) On-site energy generation;
(ii) Purchase of one hundred percent (100%) renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project; (iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;
(iv) Purchase of certified renewable energy credits and/or certified renewable energy offsets annually in an amount equal to the annual energy demand of the project.

Page C-1.43

EXHIBIT A
If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through a minimum of thirty percent (30%) of the maximum feasible on-site energy generation, as determined by an on-site renewable energy feasibility study and any combination of the measures in subsections (2)(A)(ii) to (iv) of this section. The on-site renewable energy feasibility study shall demonstrate the following cases at a minimum:
a. Maximum on-site generation potential.
b. Solar feasibility for roof and parking areas (excluding roof mounted HVAC equipment).
c. Maximum solar generation potential solely on the roof area. (B) Alterations and/or additions of ten thousand (10,000) square feet or larger where the building owner elects to update the core and shell through the option presented in Tables 16.40.050(1)(B):

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.

TABLE 16.40.050(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

16.40.050(2)(B)
Designed to meet
LEED Gold ID+C1
or update core and
shell of entire
building to current
California Energy
Code2 and meet
Section

16.40.050(2)(B)
Electric
Vehicle (EV)
Charging
Spaces
The electric vehicle charging spaces requirements in Section 16.72.010 apply.

Energy
Reporting
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the city
1 "Designed to meet LEED standards" is defined as follows: (a) applicant must submit appropriate LEED checklist and verifying cover letter from a project LEED AP with the project application and (b) applicant must complete all applicable LEED certification documents prior to approval of the final inspection for the Page C-1.44

EXHIBIT A
building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification. 2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in Section 16.40.050(2)(B). If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in Section 16.40.050(2)(B), additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action. 3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table. (3) Water Use Efficiency and Recycled Water.
(A) Single pass cooling systems shall be prohibited in all new buildings. (B) All new buildings shall be built and maintained without the use of well water. (C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved. (D) All new buildings shall be dual plumbed for the internal use of recycled water. (E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source assessment, the alternative water source and its proposed uses shall be Page C-1.45

EXHIBIT A
approved by the city’s public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council. The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city approved nonpotable applications, but in no case shall the reduction be less than thirty percent (30%) compared to the water budget in subsection (3)(C) of this section. The conservation measures may include on-site measures, off-site measures or a combination thereof. (F) Potable water shall not be used for dust control on construction projects. (G) Potable water shall not be used for decorative features, unless the water recirculates.
(4) Waste Management.
(A) Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this chapter, "zero waste" is defined as ninety percent (90%) overall diversion of nonhazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero-waste plan elements shall include the property owner’s assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration. (5) Bird-Friendly Design.
(A) No more than ten percent (10%) of facade surface area shall have non-birdfriendly glazing. (B) Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.
(C) Occupancy sensors or other switch control devices shall be installed on nonemergency lights and shall be programmed to shut off during nonwork hours and between ten (10) p.m. and sunrise.
(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building facade.
(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed. (F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.
(G) Use of rodenticides shall not be allowed.
(H) A project may receive a waiver from one (1) or more of the items listed in subsections (5)(A) to (F) of this section, subject to the submittal of a site specific evaluation from a qualified biologist and review and approval by the planning commission.

Page C-1.46
0 0.25 0.5 0.75 1
Miles
6th Cycle Housing Element Zoning Map Amendment
Proposed C-MU Zoned Properties
Highway 101
Willow Road
Willow Road
Middlefield Road
REZONE:

C-1-A (Administrative and Professional), C-2-A (Neighborhood Shopping, Restrictive), C-2-B (Neighborhood Mixed Use, Restrictive), C-2-S (Neighborhood Commercial, Special), and C-4 (General Commercial) Districts, and Certain C-2 (Neighborhood Shopping) and P (Parking) Parcels, to C-MU (Neighborhood Mixed Use)
Legend
C-MU
C-MU
Existing Commercial Districts
C1A
C2
C2A
C2B
C2S
C4
Other Parcels
City Limits
City Limits
Page C-1.47

EXHIBIT B
Proposed Zoning Ordinance Text Amendments to Chapter 16.30 of Title 16 of the City of Menlo Park Municipal Code
Section 1. Chapter 16.30 – C-1 Administrative and Professional District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.30.010 Permitted uses.

There are no permitted uses in the C-1 district. (Prior code § 30.412(A)).

16.30.020 Conditional uses.

Conditional uses allowed in the C-1 district, subject to obtaining a use permit are as follows:
(1) Professional, executive and administrative offices; (2) Research facilities;
(3) Multiple dwellings;
(34) Public utilities in accordance with Chapter 16.76; (45) Special uses in accordance with Chapter 16.78. (Ord. 850 § 4, 1993; Prior code §

30.412(B)).

16.30.030 Development regulations.

Development regulations in the C-1 district are as follows:
(1) Minimum lot area: two (2) acres;
(2) Minimum lot dimensions: one hundred fifty (150) feet width and depth; (3) Required minimum yards: thirty (30) feet front; twenty (20) feet rear; twenty (20) feet side;
(4) LFor a nonresidential development, land covered by all structures shall not exceed forty percent (40%) of a building site. For a one hundred percent (100%) residential development, land covered by all structures shall not exceed fifty percent (50%) of a building site. For a development with mixed nonresidential and residential uses, land covered by all structures shall not exceed fifty-five percent (55%) of a building site; (5) For a development with mixed nonresidential and residential uses or a one hundred percent (100%) residential development, not less than twenty-five percent (25%) of a building site shall be occupied by open space as defined in Section 16.04.500, including landscaping;
(56) Height of nonresidential structures shall not exceed thirty-five (35) feet. Height of mixed nonresidential and residential structures or residential structures shall not exceed forty (40) feet;
(67) In the case of conditional uses, additional regulations may be required by the planning commission;
(8) Development on sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low and low income households is subject to the provisions of Section 16.08.105;
(79) TFor a nonresidential development, the floor area ratio shall not exceed thirty percent (30%).;
(10) The maximum density is thirty (30) dwelling units per acre (du/ac); Page C-1.48

EXHIBIT B
(11) The floor area ratio for multiple dwelling units shall increase on an even gradient up to ninety percent (90%) for thirty (30) du/ac. The maximum floor area ratio shall be allowed when the maximum number of dwelling units is proposed, even if less than thirty (30) du/ac;
(12) In a mixed nonresidential and residential development that provides the maximum number of dwelling units per subsection (11), the combined maximum floor area ratio is one hundred-twenty percent (120%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per subsections (9) and (11) of this section (Ord. 863 § 4, 1994; Ord. 739 § 2 (part), 1986; Prior code §

30.412(C)).

16.30.040 Residential design standards.

Construction of any new building incorporating residential uses, residential additions of ten thousand (10,000) square feet or more of gross floor area to any existing building, and conversion of more than fifty percent (50%) of the gross floor area of an existing nonresidential building to residential uses shall adhere to the following design standards, subject to architectural control established in Section 16.68.020. For residential additions, the applicable design standards apply only to the new construction. Design standards may be modified subject to approval of a use permit or a conditional development permit per Chapter 16.82. (1) Building Setbacks and Projections within Setbacks.
(A) Building projections, such as balconies and bay windows, at or above the second floor shall not project beyond a maximum of five (5) feet into the setback area. (B) Where a property is contiguous to a single-family zoned property, no projections into the setback are permitted for balconies or decks at or above the second floor.
(C) The total area of all horizontal and vertical building projections shall not exceed thirty-five percent (35%) of the building facade area, and no one projection shall exceed fifteen percent (15%) of the facade area on which the projections are located. Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.)
Page C-1.49

EXHIBIT B
(2) Facade Modulation and Treatment.
(A) Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.

Page C-1.50

EXHIBIT B
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building. (C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of twenty-five (25) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(C) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in Section 16.30.040(1). (See Figure 2.)
(D) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile. (E) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize materials and colors consistent with the design of the remainder of the building. (4) Height.

Page C-1.51

EXHIBIT B
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height. (B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) All exterior stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted. (B) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors. (C) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(D) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view. (E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095. (7) Open Space.
(A) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided. (B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum). (ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).

Page C-1.52

EXHIBIT B
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).
(8) Access and Parking.
(A) Shared entrances to parking for nonresidential and residential uses shall be used where possible.
(B) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(C) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets. (D) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(E) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(F) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided. (9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

16.30.050 Residential green and sustainable building.

In addition to meeting all applicable regulations specified in Title 12 (Buildings and Construction), the following provisions shall apply to construction of any new building incorporating residential uses, residential additions to any existing building, and alterations of residential buildings. Implementation of these provisions may be subject to separate discretionary review and environmental review pursuant to the California Environmental Quality Act.
(1) Green Building.
(A) Any new construction, addition or alteration of a building with residential uses shall be required to comply with Table 16.30.050(1)(B). (2) Energy.
(A) For all new construction, the project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of the following measures:
(i) On-site energy generation;
(ii) Purchase of one hundred percent (100%) renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project; (iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;
(iv) Purchase of certified renewable energy credits and/or certified renewable energy offsets annually in an amount equal to the annual energy demand of the project.

Page C-1.53

EXHIBIT B
If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.

TABLE 16.30.050(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

16.30.050(2)(B)
Designed to meet
LEED Gold ID+C1
or update core and
shell of entire
building to current
California Energy
Code2 and meet
Section

16.30.050(2)(B)
Electric
Vehicle (EV)
Charging
Spaces
The electric vehicle charging spaces requirements in Section 16.72.010 apply.

EXHIBIT B
building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification. 2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in Section 16.30.050(2)(B). If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in Section 16.30.050(2)(B), additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action. 3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table. (3) Water Use Efficiency and Recycled Water.
(A) Single pass cooling systems shall be prohibited in all new buildings. (B) All new buildings shall be built and maintained without the use of well water. (C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved. (D) All new buildings shall be dual plumbed for the internal use of recycled water. (E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source assessment, the alternative water source and its proposed uses shall be Page C-1.55

EXHIBIT B
approved by the city’s public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council. The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city approved nonpotable applications, but in no case shall the reduction be less than thirty percent (30%) compared to the water budget in subsection (3)(C) of this section. The conservation measures may include on-site measures, off-site measures or a combination thereof. (F) Potable water shall not be used for dust control on construction projects. (G) Potable water shall not be used for decorative features, unless the water recirculates.
(4) Waste Management.
(A) Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this chapter, "zero waste" is defined as ninety percent (90%) overall diversion of nonhazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero-waste plan elements shall include the property owner’s assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration. (5) Bird-Friendly Design.
(A) No more than ten percent (10%) of facade surface area shall have non-birdfriendly glazing. (B) Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.
(C) Occupancy sensors or other switch control devices shall be installed on nonemergency lights and shall be programmed to shut off during nonwork hours and between ten (10) p.m. and sunrise.
(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building facade.
(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed. (F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.
(G) Use of rodenticides shall not be allowed.
(H) A project may receive a waiver from one (1) or more of the items listed in subsections (5)(A) to (F) of this section, subject to the submittal of a site specific evaluation from a qualified biologist and review and approval by the planning commission.

Page C-1.56

EXHIBIT C
Proposed Zoning Ordinance Text Amendments to Chapter 16.36 of Title 16 of the City of Menlo Park Municipal Code
Section 1. Chapter 16.36 – C-1-C Administrative, Professional and Research District, Restrictive of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.36.010 Permitted uses.

There are no permitted uses in the C-1-C district. (Prior code § 30.415(A)).

16.36.020 Conditional uses.

Conditional uses allowed in the C-l-CC-1-C district, subject to obtaining a use permit, are as follows:
(1) Professional, administrative, and executive offices; (2) Research and development facilities;
(3) Multiple dwellings;
(34) Convalescent homes;
(45) Public utilities in accordance with Chapter 16.76; (56) Special uses in accordance with Chapter 16.78. (Ord. 850 § 6 (part), 1993; Prior code §

30.415(B)).

16.36.030 Development regulations.

Development regulations in the C-1-C district are as follows:
(1) Minimum lot area: three (3) acres;
(2) Minimum lot dimensions: two hundred (200) feet width and depth; (3) Required minimum yards for nonresidential structures: seventy-five (75) feet front; seventy-five (75) feet rear when abutting a residential district, otherwise forty (40) feet; interior side thirty (30) feet; corner side seventy-five (75) feet; (4) Required minimum yards for mixed nonresidential and residential structures or residential structures: thirty (30) feet front; twenty (20) feet rear; twenty (20) feet side; (45) LFor a nonresidential development, land covered by all structures shall not exceed twenty percent (20%) of a building site;. For a one hundred percent (100%) residential development, land covered by all structures shall not exceed fifty percent (50%) of a building site. For a development with mixed nonresidential and residential uses, land covered by all structures shall not exceed fifty-five percent (55%) of a building site; (56) NFor a nonresidential development, not less than thirty percent (30%) of a building site shall be occupied by appropriate landscaping. For a development with mixed nonresidential and residential uses or a one hundred percent (100%) residential development, not less than twenty-five percent (25%) of a building site shall be occupied by open space as defined in Section 16.04.500, including landscaping; (67) Height of nonresidential structures shall not exceed thirty-five (35) feet;. Height of mixed nonresidential and residential structures or residential structures shall not exceed forty (40) feet;
(78) In the case of conditional uses, additional regulations may be required by the planning commission;
Page C-1.57

EXHIBIT C
(9) Development on sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low and low income households is subject to the provisions of Section 16.08.105;
(810) The floor area ratio for a nonresidential development shall not exceed twenty-five percent (25%);
(11) The maximum density is thirty (30) dwelling units per acre (du/ac); (12) The floor area ratio for multiple dwelling units shall increase on an even gradient up to ninety percent (90%) for thirty (30) du/ac. The maximum floor area ratio shall be allowed when the maximum number of dwelling units is proposed, even if less than thirty (30) du/ac;
(13) In a mixed nonresidential and residential development that provides the maximum number of dwelling units per subsection (12), the combined maximum floor area ratio is one hundred-fifteen percent (115%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per subsections (10) and (12) of this section (Ord. 739 § 2 (part), 1986; Prior code § 30.415(C)).

16.36.040 Residential design standards.

EXHIBIT C
(2) Facade Modulation and Treatment.
(A) Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.

Page C-1.59

EXHIBIT C
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building. (C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of twenty-five (25) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(C) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in Section 16.36.040(1). (See Figure 2.)
(D) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile. (E) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize materials and colors consistent with the design of the remainder of the building.
(4) Height.

Page C-1.60

EXHIBIT C
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height. (B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) All exterior stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted. (B) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors. (C) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(D) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view. (E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095. (7) Open Space.
(A) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided. (B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum). (ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).

Page C-1.61

EXHIBIT C
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).
(8) Access and Parking.
(A) Shared entrances to parking for nonresidential and residential uses shall be used where possible.
(B) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(C) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets. (D) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(E) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(F) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided. (9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

16.30.050 Residential green and sustainable building.

In addition to meeting all applicable regulations specified in Title 12 (Buildings and Construction), the following provisions shall apply to construction of any new building incorporating residential uses, residential additions to any existing building, and alterations of residential buildings. Implementation of these provisions may be subject to separate discretionary review and environmental review pursuant to the California Environmental Quality Act.
(1) Green Building.
(A) Any new construction, addition or alteration of a building with residential uses shall be required to comply with Table 16.36.050(1)(B). (2) Energy.
(A) For all new construction, the project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of the following measures:
(i) On-site energy generation;
(ii) Purchase of one hundred percent (100%) renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project; (iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;
(iv) Purchase of certified renewable energy credits and/or certified renewable energy offsets annually in an amount equal to the annual energy demand of the project.

Page C-1.62

EXHIBIT C
If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.

TABLE 16.36.050(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

16.36.050(2)(B)
Designed to meet
LEED Gold ID+C1
or update core and
shell of entire
building to current
California Energy
Code2 and meet
Section

16.36.050(2)(B)
Electric
Vehicle (EV)
Charging
Spaces
The electric vehicle charging spaces requirements in Section 16.72.010 apply.

EXHIBIT C
must complete all applicable LEED certification documents prior to approval of the final inspection for the building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification. 2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in Section 16.36.050(2)(B). If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in Section 16.36.050(2)(B), additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action. 3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table. (3) Water Use Efficiency and Recycled Water.
(A) Single pass cooling systems shall be prohibited in all new buildings. (B) All new buildings shall be built and maintained without the use of well water. (C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved. (D) All new buildings shall be dual plumbed for the internal use of recycled water. (E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source Page C-1.64

EXHIBIT C
assessment, the alternative water source and its proposed uses shall be approved by the city’s public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council. The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city approved nonpotable applications, but in no case shall the reduction be less than thirty percent (30%) compared to the water budget in subsection (3)(C) of this section. The conservation measures may include on-site measures, off-site measures or a combination thereof. (F) Potable water shall not be used for dust control on construction projects. (G) Potable water shall not be used for decorative features, unless the water recirculates.
(4) Waste Management.
(A) Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this chapter, "zero waste" is defined as ninety percent (90%) overall diversion of nonhazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero-waste plan elements shall include the property owner’s assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration. (5) Bird-Friendly Design.
(A) No more than ten percent (10%) of facade surface area shall have non-birdfriendly glazing. (B) Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.
(C) Occupancy sensors or other switch control devices shall be installed on nonemergency lights and shall be programmed to shut off during nonwork hours and between ten (10) p.m. and sunrise.
(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building facade.
(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed. (F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.
(G) Use of rodenticides shall not be allowed.
(H) A project may receive a waiver from one (1) or more of the items listed in subsections (5)(A) to (F) of this section, subject to the submittal of a site specific evaluation from a qualified biologist and review and approval by the planning commission.

Page C-1.65

EXHIBIT D
Proposed Zoning Ordinance Text Amendments to Chapter 16.38 of Title 16 of the City of Menlo Park Municipal Code
Section 1. Chapter 16.38 – C-2 Neighborhood Shopping District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.38.010 Permitted uses.

Permitted uses in the C-2 district, all within buildings, intended primarily to serve the immediate neighborhood, are as follows:
(1) Retail services such as food, drugs, apparel, hardware, variety, restaurant; (2) Financial services such as bank, realty;
(3) Professional services such as medical, dental, legal; (4) Personal services such as barber, beauty, launderette, dry cleaning, shoe repair. (Prior code § 30.416(A)).

16.38.020 Conditional Uses.

Conditional uses allowed in the C-2 district, subject to obtaining a use permit, are as follows:
(1) Multiple dwellings, consistent with Section 16.38.050; (12) Service stations;
(23) Special outside events such as sales and displays; (34) Public utilities in accordance with Chapter 16.76; (45) Special uses in accordance with Chapter 16.78. (Ord. 850 § 7 (part), 1993; Ord. 643(b), 1979; Prior code § 30.416(B)).

16.38.030 Development regulations, general.

Development regulations that apply to any development in the C-2 district are as follows:
(1) Minimum lot area: three (3) acres;
(2) Minimum lot dimensions: two hundred (200) feet width and depth; (3) Required minimum yards: fifteen (15) feet front; twenty (20) feet rear; twenty (20) feet side;

16.38.040 Development regulations, nonresidential.

Additional development regulations for a nonresidential development in the C-2 district are as follows:
(41) Land cover by all structures shall not exceed fifty percent (50%) of a building site; (52) Not less than ten percent (10%) of a building site shall be occupied by appropriate landscaping;
(63) Height of nonresidential structures shall not exceed fifteen (15) feet within seventy-five (75) feet of any residential district, otherwise thirty (30) feet; (74) In the case of conditional uses, additional regulations may be required by the planning commission;
(85) The floor area ratio shall not exceed forty percent (40%). (Ord. 739 § 2 (part), 1986; Prior code § 30.416(C)).

Page C-1.66

EXHIBIT D

16.38.050 Development regulations, residential mixed use.

An entire site may be developed with multiple dwellings within separate or mixed nonresidential and residential structures. For a mixed nonresidential and residential development, additional development regulations are as follows:
(1) Land cover by all structures shall not exceed sixty percent (60%) of a building site; (2) Upon comprehensive redevelopment of a property, not less than twenty-five percent (25%) of a building site shall be occupied by open space as defined in Section

16.04.500, inclusive of common open space and private open space required per Section 16.38.060(7);
(3) Height of mixed nonresidential and residential structures or residential structures shall not exceed sixty (60) feet;
(4) An equivalent amount of nonresidential gross floor area that existed in the previous development on the site shall be maintained for nonresidential uses, unless a different amount is allowed through a use permit from the planning commission; (4) In the case of conditional uses, additional regulations may be required by the planning commission;
(5) Development on any of the sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low and low income households is subject to the provisions of Section 16.08.105;
(6) The maximum density is sixty (60) dwelling units per acre (du/ac); (7) The floor area ratio for multiple dwelling units shall increase on an even gradient up to one hundred fifty percent (150%) for sixty (60) du/ac. The maximum floor area ratio shall be allowed when the maximum number of dwelling units is proposed, even if less than sixty (60) du/ac;
(8) In a mixed nonresidential and residential development that provides the maximum number of dwelling units per subsection (6), the combined maximum floor area ratio is one hundred ninety percent (190%). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed per Section

16.38.040(5) and subsection (6) of this section.

16.38.060 Residential design standards.

EXHIBIT D
located. Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.)
(2) Facade Modulation and Treatment.
(A) Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade Page C-1.68

EXHIBIT D
modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building. (C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of thirty-seven and one half (37 1/2) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(C) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in Section 16.38.060(1). (See Figure 2.)
(D) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile.

Page C-1.69

EXHIBIT D
(E) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize materials and colors consistent with the design of the remainder of the building.
(4) Height.
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height. (B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) All exterior stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted. (B) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors. (C) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(D) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view. (E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095. (7) Open Space.
(A) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided. (B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum).

Page C-1.70

EXHIBIT D
(ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).
(8) Access and Parking.
(A) Shared entrances to parking for nonresidential and residential uses shall be used where possible.
(B) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(C) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets.
(D) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(E) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(F) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided. (9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

16.38.070 Residential green and sustainable building.

Page C-1.71

EXHIBIT D
(i) On-site energy generation;
(ii) Purchase of one hundred percent (100%) renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project; (iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;
(iv) Purchase of certified renewable energy credits and/or certified renewable energy offsets annually in an amount equal to the annual energy demand of the project.

If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.

TABLE 16.38.070(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

16.38.070(2)(B)
Designed to meet
LEED Gold ID+C1
or update core and
shell of entire
building to current
California Energy
Code2 and meet
Section

16.38.070(2)(B)
Electric
Vehicle (EV)
Charging
Spaces
The electric vehicle charging spaces requirements in Section 16.72.010 apply.

Page C-1.72

EXHIBIT D
TABLE 16.38.070(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

NEW CONSTRUCTION ADDITIONS AND/OR ALTERATIONS
Green
Building
Requirement
10,000 sq. ft.—
25,000 sq. ft.
25,001 sq. ft.—
100,000 sq. ft.
100,001 sq. ft.
and above
1 sq. ft.—9,999
sq. ft. of
conditioned area,
volume or size
10,000 sq. ft.—
25,000 sq. ft. of
conditioned area,
volume or size3
25,001 sq. ft. and
above of
conditioned area,
volume or size3
Energy
Reporting
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the
city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the city
Enroll in EPA
Energy Star
Building Portfolio
Manager and
submit
documentation of
compliance as
required by the city
1 "Designed to meet LEED standards" is defined as follows: (a) applicant must submit appropriate LEED checklist and verifying cover letter from a project LEED AP with the project application and (b) applicant must complete all applicable LEED certification documents prior to approval of the final inspection for the building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification. 2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in Section 16.38.070(2)(B). If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in Section 16.38.070(2)(B), additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action. 3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table. (3) Water Use Efficiency and Recycled Water.
(A) Single pass cooling systems shall be prohibited in all new buildings. (B) All new buildings shall be built and maintained without the use of well water. (C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to Page C-1.73

EXHIBIT D
compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved. (D) All new buildings shall be dual plumbed for the internal use of recycled water. (E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source assessment, the alternative water source and its proposed uses shall be approved by the city’s public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council. The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city approved nonpotable applications, but in no case shall the reduction be less than thirty percent (30%) compared to the water budget in subsection (3)(C) of this section. The conservation measures may include on-site measures, off-site measures or a combination thereof. (F) Potable water shall not be used for dust control on construction projects. (G) Potable water shall not be used for decorative features, unless the water recirculates.
(4) Waste Management.
(A) Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this chapter, "zero waste" is defined as ninety percent (90%) overall diversion of nonhazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero-waste plan elements shall include the property owner’s assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration. (5) Bird-Friendly Design.
(A) No more than ten percent (10%) of facade surface area shall have non-birdfriendly glazing. (B) Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.

Page C-1.74

EXHIBIT D
(C) Occupancy sensors or other switch control devices shall be installed on nonemergency lights and shall be programmed to shut off during nonwork hours and between ten (10) p.m. and sunrise.
(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building facade.
(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed. (F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.
(G) Use of rodenticides shall not be allowed.
(H) A project may receive a waiver from one (1) or more of the items listed in subsections (5)(A) to (F) of this section, subject to the submittal of a site specific evaluation from a qualified biologist and review and approval by the planning commission.

Page C-1.75

EXHIBIT E
Proposed Zoning Ordinance Text Amendments to Chapter 16.43 of Title 16 of the City of Menlo Park Municipal Code
Section 1. Section 16.43.010 – Purpose of Chapter 16.43 – O Office District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.43.010 Purpose.

The purpose and intent of the office district is to:
(1) Accommodate large-scale administrative and professional office development; (2) Allow retail and service uses at administrative and professional office sites and nearby; (3) Provide opportunities for quality employment and development of emerging technology, entrepreneurship, and innovation;
(4) Facilitate the creation of a "live/work/play" environment with goods, and services, and housing that support adjacent neighborhoods and the employment base; (5) Accommodate light industrial and research and development uses that do not pose hazards to or disrupt adjacent businesses or neighborhoods. (Ord. 1024 § 3 (part), 2016).

Section 2. Section 16.43.040 – Conditional uses of Chapter 16.43 – O Office District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.43.040 Conditional uses.

Conditional uses allowed in the office district, subject to obtaining a use permit per Chapter

16.82, are as follows:
(1) Administrative and professional offices and accessory uses, greater than two hundred fifty thousand (250,000) square feet of gross floor area;
(2) Hotel, in a location not specifically shown on the adopted city of Menlo Park zoning map; (3) Eating establishments, including alcohol, and/or establishments that are portable; (4) Drinking establishments, including beer, wine and alcohol. For purposes of this chapter, a drinking establishment is a business serving beverages for consumption on the premises as a primary use;
(5) Retail sales establishments, including the sale of beer, wine and alcohol; (6) Movie theater;
(7) Automobile dealership, provided that all vehicles for sale or being serviced are contained entirely in enclosed buildings;
(8) Recreational facilities, privately operated, greater than twenty thousand (20,000) square feet of gross floor area;
(9) Special uses, in accordance with Chapter 16.78;
(10)Uses identified in Sections 16.43.020, 16.43.030, and 16.43.040 proposing bonus level development, in accordance with Section 16.43.060;
(11)Corporate housing, in a location identified as O-CH on the adopted city of Menlo Park zoning map, in accordance with Section 16.43.080, or housing in accordance with Section

16.43.085;
(12)Public utilities, in accordance with Chapter 16.76. (Ord. 1024 § 3 (part), 2016).

Page C-1.76

EXHIBIT E
Section 3. Chapter 16.43 – O Office District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to add a new Section 16.43.085 – Housing to read as follows (additions in underline, deletions in strikethrough text):

16.43.085 Housing.

Housing may be allowed within the area bounded by Marsh Road, the Dumbarton spur railway line, Bohannon Drive, and Scott Drive, identified as O district on the adopted city of Menlo Park zoning map may include housing, subject to obtaining a use permit per Chapter 16.82 and the requirements of this section. Development on any of the sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low and low income households is subject to the provisions of Section 16.08.105. Unless otherwise stated in this section, housing is subject to the office district standards at the base level. (1) Density. Maximum thirty (30) dwelling units per acre. (2) Floor Area Ratio. The floor area ratio for multiple dwelling units shall increase on an even gradient up to ninety percent (90%) for thirty (30) dwelling units per acre (du/ac). The maximum floor area ratio may be allowed when the maximum number of dwelling units is proposed, even if less than thirty (30) du/ac.
(A) In a mixed use development including residential uses, the combined maximum floor area ratio shall not exceed one hundred percent (135%) (plus 10% commercial). The maximum nonresidential and residential floor area ratios for each component shall not exceed the maximum allowed in Section 16.43.050 and Section 16.43.085(2). (3) Height. Maximum height of forty (40) feet. Properties within the flood zone or subject to flooding and sea level rise are allowed a ten (10) foot height increase. (4) Modulation.
(A) A minimum of one (1) recess of fifteen (15) feet wide by ten (10) feet deep per two hundred (200) feet of facade length is required on a building’s facade from the ground level to the top of the building to provide visual variety, reduce large building volumes, and provide spaces for entryways and publicly accessible spaces. (B) In addition, a minimum recess of five (5) feet wide by five (5) feet deep is required every fifty (50) feet of facade length, or building projections spaced no more than fifty (50) feet apart with a minimum of three (3) foot depth and five (5) foot width may satisfy this requirement.
(C) Parking is not allowed in these recesses.
(5) Open Space. Residential developments must provide a minimum amount of open space equal to twenty-five percent (25%) of the total lot area and shall have common and private open spaces.
(A) One hundred (100) square feet of open space per unit shall be created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet;
(B) Depending on the number of dwelling units, common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum);
(ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) square feet total, minimum); (iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) square feet total, minimum).

Page C-1.77

EXHIBIT E
(6) Connections. Entrances to housing must connect to on-site pedestrian/bicycle pathways and to the public right-of-way to provide safe and easy nonvehicular means of travel.

Section 4. Section 16.43.090 – Parking standards of Chapter 16.43 – O Office District of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

Development in the office district shall meet the following parking requirements:

Land Use
Minimum Spaces
(Per 1,000 Sq. Ft.)
Maximum Spaces
(Per 1,000 Sq. Ft.) Minimum Bicycle Parking1
Office 2 3 1 per 5,000 sq. ft. of gross
floor area; minimum 2
spaces
For office and research
development:
80% for long-term2 and 20%
for short-term2
For all other commercial
uses:
20% for long-term2 and 80%
for short-term2
Light industrial,
research and
development

1.5 2.5
Retail 2.5 3.3
Banks and financial
institutions
2 3.3
Eating and drinking
establishments

2.5 3.3
Personal services 2 3.3
Private recreation 2 3.3
Child care center 2 3.3
Hotel 0.75 spaces per
guest room

1.1 spaces per guest
room
Residential units 1 per unit 1.5 per unit 1.5 long-term2 per unit; 10% additional short-term2 for
guests
Public parking lot or
structure
1 space per 20 vehicle
spaces
Other At transportation
manager’s discretion
At transportation
manager’s discretion
At transportation manager’s
discretion
1 See Section 16.43.130(7) and the latest edition of best practice design standards in Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines.
2 Long-term parking is for use over several hours or overnight, typically used by employees and residents. Shortterm parking is considered visitor parking for use from several minutes to up to a couple of hours.

Page C-1.78

EXHIBIT F
Proposed Zoning Ordinance Text Amendments to Chapters 16.02, 16.08, 16.72, and 16.80 of Title 16 of the City of Menlo Park Municipal Code
Section 1. Section 16.02.070 – Mitigation monitoring of Chapter 16.02 – General Provisions of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.02.070 Mitigation monitoring.

All development, as applicable, including ministerially reviewed development seeking a building permit, shall comply with the Mitigation Monitoring and Report Program (MMRP) established through Resolution No. 6356, associated with the environmental impact report prepared for the ConnectMenlo General Plan and M-2 Area Zoning Update, adopted on the 29th day of November 2016, and the MMRP established through Resolution No. 6808, associated with the subsequent environmental impact report prepared for the Housing Element Update project, adopted on the 31st day of January 2023.

Section 2. Section 16.08.010 – Districts established—Designated of Chapter 16.08 – Districts Established—General Regulations of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.08.010 Districts established—Designated.

There are established several districts into which the city is divided and which are designated as follows:

R-E Residential Estate District
R-E-S Residential Estate Suburban District
R-1-S Single Family Suburban Residential
District
R-1-
S(FG)
Single Family Suburban Residential
District (Felton Gables)
R-1-U Single Family Urban Residential
District
R-2 Low Density Apartment District
R-3 Apartment District
R-3-A Garden Apartment Residential
District
R-3-C Apartment—Office District
R-4 High Density Residential District
R-4-S High Density Residential District,
Special
R-L-U Retirement Living Units District
C-1 Administrative and Professional
District, Restrictive
Page C-1.79

EXHIBIT F
C-1-A Administrative and Professional
District
C-1-C Administrative, Professional and
Research District, Restrictive
C-2-S Neighborhood Commercial District,
Special
C-2 Neighborhood Shopping District
C-2-A Neighborhood Shopping District,
Restrictive
C-2-
BMU
Neighborhood Commercial District,
Restrictive
C-4 General Commercial District
LS Life Sciences
M-2 General Industrial District
M-3 Commercial Business Park
O Office
OSC Open Space and Conservation
District
P-F Public Facilities District
R-MU Residential Mixed Use
FP Flood Plain District
P Parking District
H Historic Site District
X Conditional Development District
AAGP Allied Arts Guild Preservation District
SPECR/DEl Camino Real/Downtown Specific
Plan
AHO Affordable Housing Overlay
(Ord. 999 §§ 3, 4, 2013; Ord. 979 § 2, 2012; Ord. 969 § 1, 2010; Ord. 919 § 1, 2003; Ord. 903 § 2, 2001; Ord. 869 § 2, 1995; Amended during 3/93 supplement; Ord. 766 § 1, 1988; Ord. 555 (part), 1973; Prior code § 30.301).

Section 3. Section 16.08.060 – Increase in building height in C-3, C-4 and M-2 districts of Chapter 16.08 – Districts Established—General Regulations of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.08.060 Increase in building height in C-3, C-4 and M-2 districts.

Subject to obtaining a conditional development permit as provided in this title, any building in athe C-3, C-4, or M-2 district may be erected to a height exceeding that specified for such districts; provided:

Page C-1.80

EXHIBIT F
(1) In C-3 districts, the minimum building site shall be twenty thousand (20,000) square feet.
(2) In C-4 and M-2 districts, tThe minimum building site shall be one (1) acre. (3) Off-street parking, as required in this title, shall be provided on or adjacent to the building site. (Prior code § 30.505).

Section 4. Chapter 16.08 – Districts Established—General Regulations of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to add a new Section 16.08.105 – 2023 to 2031 6th Cycle Housing Element opportunity sites to read as follows (additions in underline, deletions in strikethrough text):

Section 16.08.105 2023 to 2031 6th Cycle Housing Element opportunity sites Opportunity sites identified in Appendix 7-1, Table B of the 2023 to 2031 6th Cycle Housing Element for very low and low income households are subject to the following provisions:
(1) In mixed nonresidential and residential developments, residential uses shall be a minimum fifty percent (50%) of the total floor area ratio of the mixed use development;
(2) One hundred percent (100%) residential development is allowed for the amount of developable acreage identified in Appendix 7-1, Table B of the Housing Element;
(3) For housing developments in which at least twenty (20) percent of the units are affordable to extremely low, very low, and/or low income households, owneroccupied and rental multifamily residential development shall be ministerially reviewed, without discretionary review or hearing.

Section 5. Section 16.72.030 Professional district uses of Chapter 16.72 – Off-Street Parking of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.72.030 Professional district uses.

Professional district uses are as follows:
(1) C-1 and C-1-A districts nonresidential uses: One (1) space per two hundred (200) square feet of gross floor area, not in any required yard abutting a street; (2) C-1-C district nonresidential uses: One (1) space per two hundred fifty (250) square feet of gross floor area, not in any required yard abutting a street and not in the exterior one-half (1/2) of any required yard or loading area. (Ord. 979 § 8 (part), 2012: Ord. 897 § 2, 2000: Prior code § 30.520(B)).; (3) C-1 and C-1-C districts residential uses: one (1) space per dwelling unit minimum, one and one-half (1 1/2) spaces per dwelling unit maximum.

Section 6. Section 16.72.040 C-2, C-2-A, and C-4 district uses of Chapter 16.72 – Off-Street Parking of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.72.040 C-2, C-2-A, and C-4 district uses.

Page C-1.81

EXHIBIT F
C-2, C-2-A, and C-4 district uses are as follows:
(1) Nonresidential uses: sSix (6) spaces per one thousand (1,000) square feet of gross floor area, not in any required yard or loading area.; (2) Residential uses: One (1) space per dwelling unit minimum, one and one-half (1 1/2) spaces per dwelling unit maximum. (Ord. 1027 § 4, 2016: Ord. 979 § 8 (part), 2012: Ord. 769-A § 1, 1988; Ord. 579 Art. II, 1975: Prior code §

30.520(C)).

Section 7. Chapter 16.80 – Nonconforming Uses and Buildings of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to add a new Section 16.80.140 – Exemption from the C-MU district to read as follows (additions in underline, deletions in strikethrough text):

Section 16.80.140 Exemption from the C-MU district
(a) Properties within the C-MU district that are regulated by a use permit or conditional development permit (CDP) as of January ___, 2024 shall continue to be regulated by said permit(s). Such permit(s) shall lapse upon comprehensive redevelopment of the property, or property owners may apply to modify or cancel said permit(s) in accordance with the requirements of this title.
(b) No building exempt under subsection (a) of this section shall be subject to amortization by reason of a building that is nonconforming due to the development standards of the C-MU district, as specified in subsection (a) of this section. (c) Any building exempt under subsection (a) of this section may be restored to its condition at the time of destruction if the building or office use is destroyed by fire, explosion, or other catastrophe, but such restoration shall comply with:
(1) The building codes in effect at the time of restoration; and (2) The requirements of Section 16.80.040 with respect to nonconformities other than a nonconformity created as a result of the development standards of the CMU district specified in subsection (a) of this section.

Page C-1.82
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO

APPROVE AN AMENDMENT TO THE LAND USE ELEMENT OF THE
GENERAL PLAN TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.J,

INCREASE RESIDENTIAL DENSITY AND MAXIMIZE DEVELOPMENT

PROPOSALS, AND AMEND THE GENERAL PLAN LAND USE DESIGNATION OF THE FORMER FLOOD SCHOOL PARCEL AT 320 SHERIDAN DRIVE (APN 055-303-110) FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY

RESIDENTIAL, AND DETERMINE THAT THE AMENDMENTS TO THE LAND

USE ELEMENT OF THE GENERAL PLAN AND LAND USE AMENDMENT FOR THE PARCEL AT 320 SHERIDAN DRIVE WERE CONSIDERED WITHIN THE

HOUSING ELEMENT UPDATE SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT
WHEREAS, the City of Menlo Park General Plan provides a comprehensive framework for land use and planning decisions, including the General Plan Land Use Element last comprehensively updated in November 2016; and
WHEREAS, in 2021, the City began a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, the City Council held a study session on June 6, 2022 to provide feedback on the Housing Element Site Inventory and directed staff to include the former Flood School parcel at 320 Sheridan Drive (APN 055-303-110) as an opportunity site and to provide an increase in residential development density to a maximum of 20 dwelling units per acre; and WHEREAS, the General Plan land use designation of the parcel at 320 Sheridan Drive (APN 055-303-110), identified in Exhibit A, is modified to Medium Density Residential for consistency with the R-3 (Apartment) zoning district; and
WHEREAS, the adopted Housing Element included Policy H4.2, Housing to Address Local Housing Needs, to encourage the City to strive to provide opportunities for new housing development to meet the City’s share of its Regional Housing Needs Allocation (RHNA) and to provide an adequate supply and variety of housing opportunities to meet the needs of Menlo Park’s workforce and special needs populations; and
WHEREAS, the adopted Housing Element included Policy H4.3, Variety of Housing Choices, to encourage the City to strive to achieve a mix of housing types, densities, affordability levels, and designs distributed throughout the city; and
WHEREAS, the adopted Housing Element included Program H4.J, Increase Residential Density and Maximize Development Proposals, which directs the City to explore increased residential densities for R-3 properties of a certain size outside of downtown; and WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.J; and
ATTACHMENT D Page C-1.83
WHEREAS, the City Council held a study session on August 22, 2023 to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.J; and
WHEREAS, amendment to the City of Menlo Park General Plan Land Use Element is necessary to implement Housing Element Program H4.J; and WHEREAS, the amendment to the General Plan Land Use Element would include modifying the description of “Medium Density Residential” to permit a maximum of 20 dwelling units per acre for all applicable zoning districts outside of the designated areas around the El Camino Real/Downtown Specific Plan boundary (Exhibit B); and
WHEREAS, the proposed amendments to the General Plan are internally consistent; and WHEREAS, the City, as the lead agency, pursuant to CEQA and the CEQA Guidelines previously prepared and certified the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) in November 2016 and certified the Housing Element Update Subsequent EIR (SCH #2015062054) (“SEIR”) in January 2023; and WHEREAS, on August 23, 2021 the City sent notifications of the Housing Element Update SEIR and proposed General Plan amendments to California Native American tribes, identified by the Native American Heritage Commission, notifying the tribes of the opportunity to conduct consultations on the proposed amendments, per the requirements of California Senate Bill 18; and
WHEREAS, after the 90-day comment period, the City did not receive any requests for consultation on the proposed General Plan amendments; 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 October 23, 2023 that was continued to November 6, 2023, the Planning Commission considered the previously-certified SEIR as part of its consideration of the proposed amendments to the General Plan, prior to making a determination on its recommendation to the City Council; and WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted to recommend that the City Council of the City of Menlo Park make findings that the proposed amendments to the General Plan are in compliance with all applicable State regulations and the City General Plan, and adopt a resolution approving the proposed General Plan amendments; and
WHEREAS, at a duly and properly noticed public hearing held on ___, 2023, the City Council considered the previously-certified SEIR as part of its consideration of the Planning Commission’s recommendation on the proposed amendments to the General Plan, prior to making a determination on the proposed amendments.

NOW, THEREFORE, THE MENLO PARK CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

Page C-1.84
Section 1. Recitals.

The City Council has considered the full record before it, which may include but is not limited to such items as the staff report, public testimony, SEIR, the Planning Commission’s review and recommendation, and other materials and evidence submitted or provided, and the City Council finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2. CEQA Findings.

The City Council of the City of Menlo Park does hereby make the following findings:

1. There have not been any substantial changes in the amendments based upon substantial evidence and none of the conditions described in §15162 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
a. No substantial changes are proposed in the project which will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The changes proposed to the General Plan do not create any additional environmental impacts;
b. No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The Housing Element Update SEIR was certified in January 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project; and
c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was certified as complete, has been submitted to the City.

Based on the above findings, the City Council determines that the previously-certified SEIR is adequate to serve as the required environmental documentation for the General Plan amendments.

Section 3. Findings.

The City Council of the City of Menlo Park does hereby make the following findings:

1. The land use designation of the parcel at 320 Sheridan Drive (APN 055-303-110) is amended from Low Density Residential to Medium Density Residential.

2. The description of “Medium Density Residential” is amended to permit a maximum of 20 dwelling units per acre for all applicable zoning districts outside of the designated areas around the El Camino Real/Downtown Specific Plan boundary.

3. The amendment to the Land Use Element of the General Plan is necessary to allow the City Council to consider implementation of Housing Element Program H4.J to increase residential density and maximize development proposals.

4. The amendment to the Land Use Element of the General Plan is consistent with the objectives, policies, general land uses and programs specified in the General Plan.

5. The amendments would be consistent with the previously-certified SEIR prepared for the Housing Element Update.

Page C-1.85
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 ___ day of ___, 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 ___, 2023.

Judi A. Herren, City Clerk
Exhibits
A. Map of Land Use Amendment
B. Amendment to the General Plan Land Use Element
Page C-1.86
0 0.1 0.2 0.3 0.4 0.5
Miles
Legend
Medium Density Residential
Other Parcels
City Limits
6th Cycle Housing Element Land Use Amendment
Proposed Medium Density Residential Properties
LAND USE AMENDMENT:

Low Density Residential to Medium
Density Residential
Page C-1.87

EXHIBIT B
Amendment to the General Plan Land Use Element
Section 1. Land Use Element, page LU-14 subheading “Medium Density Residential” is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Medium Density Residential. This designation provides for single family detached and attached homes, duplexes, multi-family apartments condominiums, public and quasi-public uses, and similar and compatible uses. Density shall be a maximum of 18.5 20.0 units per acre as identified in the applicable zoning district, and up to 30 units per acre in designated areas around the El Camino Real/Downtown Specific Plan boundary. FAR shall be in the range of 40 to 75 percent, as identified in the applicable zoning district.

Page C-1.88
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING CHAPTERS 16.20 (R-3), 16.22 (R-4), 16.23 (R-4-S), 16.24 (R-3-A), AND 16.26 (R-3-C) OF TITLE 16 OF THE MENLO PARK MUNICIPAL CODE

AND AMENDING THE MENLO PARK ZONING MAP TO REZONE THE
FORMER FLOOD SCHOOL PARCEL AT 320 SHERIDAN DRIVE (APN 055-303- 110) FROM THE R-1-U ZONING DISTRICT TO THE R-3 ZONING DISTRICT TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.J, INCREASE

RESIDENTIAL DEVELOPMENT DENSITY AND MAXIMIZE DEVELOPMENT

PROPOSALS, AND DETERMINE THAT THE AMENDMENTS TO THE

MUNICIPAL CODE AND ZONING MAP WERE CONSIDERED WITHIN THE

HOUSING ELEMENT UPDATE SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT
WHEREAS, Chapters 16.20, 16.22, 16.23, 16.24 and 16.26 of Title 16 of the Menlo Park Municipal Code establish development regulations for higher density housing permitted in the City of Menlo Park; and
WHEREAS, in 2021, the City began a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, Housing Element Policy H4.2, Housing to Address Local Housing Needs, establishes that the City will strive to provide opportunities for new housing development to meet the City’s share of its Regional Housing Needs Allocation (RHNA) and to provide an adequate supply and variety of housing opportunities to meet the needs of Menlo Park’s workforce and special needs populations; and
WHEREAS, Housing Element Policy H4.3, Variety of Housing Choices, establishes that the City will strive to achieve a mix of housing types, densities, affordability levels, and designs distributed throughout the city; and
WHEREAS, Housing Element Program H4.J, Increase Residential Density and Maximize Development Proposals, states that the City will update the Zoning Ordinance to accommodate the City’s RHNA and to increase development potential in the R-3 and R-4 zones (inclusive of the R-3-A, R-3-C, and R-4-S zoning districts); and
WHEREAS, the City Council held a study session on June 6, 2022 to provide feedback on the Housing Element Site Inventory and directed staff to include the former Flood School parcel at 320 Sheridan Drive (APN 055-303-110) as an opportunity site and to provide an increase in residential development density to a maximum of 20 dwelling units per acre; and WHEREAS, the site at 320 Sheridan Drive (APN 055-303-110), identified in Exhibit A, is Site #38 within the Housing Element Site Inventory and is currently zoned R-1-U and rezoning the site to R-3 will increase potential for higher residential development density; and WHEREAS, the Planning Commission held a study session on August 14, 2023 to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown ATTACHMENT E Page C-1.89
Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.J; and
WHEREAS, the City Council held a study session on August 22, 2023 to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.J; and
WHEREAS, amendments to the City of Menlo Park Municipal Code and zoning map are necessary to implement Housing Element Program H4.J; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2023 that was continued to November 6, 2023, to review and consider the proposed amendments to Chapters 16.20, 16.22, 16.23, 16.24 and 16.26 of Title 16 of the Menlo Park Municipal Code and rezoning the former Flood School site at 320 Sheridan Drive (APN 055-303-110) from the R-1-U zoning district to the R-3 zoning district and adopted Planning Commission Resolution No. 2023-__ recommending that the City Council adopt the Zoning Ordinance amendment, whereat all interested persons had the opportunity to appear and comment.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:

Section 1. Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.

Section 2. Amendment.

Chapter 16.20 – R-3 Apartment District, of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

Chapter 16.20
R-3 APARTMENT DISTRICT
Sections:

16.20.010 Permitted uses.

16.20.020 Conditional uses.

16.20.030 Development regulations.

16.20.040 Mitigation monitoring.

16.20.010 Permitted uses.

The following uses are permitted in the R-3 (apartment) district:
(1) Single-family dwellings;
(2) Duplexes;
(3) Three (3) or more units on lots around the El Camino Real/Downtown Specific Plan Area; ten thousand (10,000) square feet or more;
(4) Accessory buildings;
Page C-1.90
(5) Accessory structures. (Ord. 1006 § 12, 2014: Ord. 995 § 2 (part), 2013: Ord. 555 Art. 1 (part), 1974: Prior code § 30.407 (A)).

16.20.020 Conditional uses.

Conditional uses allowed in the R-3 district, subject to obtaining a use permit or, in the case of home occupations, a home occupation permit, are as follows:
(1) Three (3) or more dwelling units on lots outside of the area around the El Camino Real/Downtown Specific Plan Area; ten thousand (10,000) square feet or more; (2) Public utilities in accordance with Chapter 16.76;
(3) Private schools and churches in accordance with Chapter 16.78; (4) Child day care centers in accordance with Chapter 16.78; (5) Home occupations in accordance with Section 16.04.340; (6) Foster homes;
(7) Boardinghouses;
(8) Convalescent homes;
(9) Senior day care facilities. (Ord. 995 § 2 (part), 2013: Ord. 850 § 3 (part), 1993: Ord. 591 § 2, 1976; Ord. 555 Art. 1 (part), 1974: Prior code § 30.407 (B)).

16.20.030 Development regulations.

Development regulations are as follows in the R-3 district:

Table 1

Minimum Lot Dimensions
70 ft. wide by 100 ft. deep (lots < 10,000 sq.
ft. in area)
80 ft. wide by 100 ft. deep (lots ≥ 10,000 sf. ft.
in area)
80 ft. wide by 100 ft. deep
Land Area Required Per Dwelling Unit See Table 2 below
Minimum 3,333 sq. ft.

Maximum 1,452 sq. ft.

Minimum Yards
Front 15% of lot width; min. 20 ft. 20 ft.

Interior Side 10 ft. 10 ft.

Corner Side 15 ft. 15 ft.

Rear 15% of lot width; min. 15 ft. 15 ft.

Distance between
Main Buildings on
Same Lot
1/2 sum of the height of the buildings, 20 ft.
min. N/A
Distance between
Main Buildings
Located on One
Property and
Adjacent Property
20 ft. N/A
Page C-1.91

All R-3 Zoned Properties Except for Lots
10,000 Sq. Ft. or More in the Area Around
the El Camino Real/Downtown Specific
Plan Area
All R-3 Zoned Properties Lot Area of
10,000 Sq. Ft. or More for Property
Around the El Camino
Real/Downtown Specific Plan Area1
Maximum Floor Area Ratio 45%
Floor area ratio shall decrease on an
even gradient from 75% for 30 du/ac to
35% for 13.1 du/ac
Maximum Building Coverage 30% 55% 40% 55%
Maximum Driveways and Open
Parking Areas (Paving)2 20% 35% 20%
Minimum Open Space (Landscaping)3 50% 25% 25% 25%
Height 35 ft.

13.1 du/ac 35 ft.
20 du/ac or greater 40 ft.

Building Profile None
Starting at a height of 28 feet, a 45-
degree building profile shall be set at
the minimum setback line contiguous
with a public right-of-way or singlefamily zoned property or public park.

Parking
No minimum parking requirements on development projects located within a half-mile radius of a major transit stop as required by AB 2097
2 spaces per unit, one of which must be
covered, and not located in a required front or
side yard
2 or more
bedrooms per unit 1.5 2 spaces
Up to 1 bedroom
per unit 1.0 1.5 spaces
Each unit must have at least one
covered space. Parking spaces cannot
be located in the required front yard
Minimum Bicycle Parking: 1.5 longterm4 per unit; 10 % additional shortterm4 for guests 1 For the purposes of this section, the area around the Downtown/El Camino Real is defined in three distinct areas as follows, and is only applicable to properties zoned R-3: that are 10,000 sq. ft. or more:

Area 1: Area bounded by University Avenue, Valparaiso Avenue, El Camino Real and Oak Grove Avenue.

Area 2: Area bounded by Arbor Road, Santa Cruz Avenue, El Camino Real and Middle Avenue.

Area 3: Area generally bounded by San Antonio Street and Alma Street, Encinal Avenue, Marcussen Drive and Ravenswood Avenue.
2 Permeable pavers may count as 50 percent towards the paving requirement., except for on lots 10,000 sq. ft. or more located around the El Camino Real/Downtown Specific Plan Area. 3 Minimum Open Space (Landscaping) may include both ground level improvements and other private or shared open space features (e.g., private decks and balconies, shared rooftop) which may satisfy up to

12.5% of the overall Minimum Open Space (Landscaping) requirement. 4 Long-term parking is for use over several hours or overnight, typically used by employees and residents.

Short-term parking is considered visitor parking for use from several minutes to up to a couple of hours.

Table 2

TOTAL LOT AREA LAND AREA REQUIRED PER

DWELLING UNIT
7,000—19,999 sq. ft. 3,333 sq. ft.
20,000—29,999 sq. ft. 3,100 sq. ft.

Page C-1.92

TOTAL LOT AREA LAND AREA REQUIRED PER

DWELLING UNIT
30,000—39,999 sq. ft. 2,900 sq. ft.
40,000—59,999 sq. ft. 2,700 sq. ft.
60,000—69,999 sq. ft. 2,600 sq. ft.
70,000—79,999 sq. ft. 2,500 sq. ft.
80,000—89,999 sq. ft. 2,400 sq. ft.
90,000—99,999 sq. ft. or
more
2,350 sq. ft.
100,000 sq. ft. or more 2,178 sq. ft.
(1) Notwithstanding the provisions of Table 1 herein, any given lot in excess of five thousand (5,000) square feet in area shall be permitted a minimum of two (2) units; (2) Any development containing twenty (20) or more units, or encompassing one (1) acre or more, may be expected to include a quantity of moderate and/or low cost units, ranging from five percent (5%) to twenty percent (20%) of the total units, depending on the specific development;
(3) In the case of conditional uses, additional regulations may be required by the planning commission. (Ord. 995 § 2 (part), 2013: Ord. 786 § 4, 1988; Ord. 555 Art. 1 (part), 1974:

Prior code § 40.507(C)).

16.20.040 Residential design standards.

Construction of any new building incorporating residential uses with three (3) or more units, residential additions of ten thousand (10,000) square feet or more of gross floor area to any existing building, and conversion of more than fifty percent (50%) of the gross floor area of an existing nonresidential building to residential uses shall adhere to the following design standards, subject to architectural control established in Section 16.68.020. For residential additions, the applicable design standards apply only to the new construction. Design standards may be modified subject to approval of a use permit or a conditional development permit per Chapter 16.82.
(1) Building Setbacks and Projections within Setbacks.
(A) Building projections, such as balconies and bay windows, at or above the second floor shall not project beyond a maximum of five (5) feet into the setback area. (B) Where a property is contiguous to a single-family zoned property, no projections into the setback are permitted for balconies or decks at or above the second floor.
(C) The total area of all horizontal and vertical building projections shall not exceed thirty-five percent (35%) of the building facade area, and no one projection shall exceed fifteen percent (15%) of the facade area on which the projections are located. Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.)
Page C-1.93
(2) Facade Modulation and Treatment.
(A) Building facades facing public rights-of-way or public open spaces shall not exceed fifty (50) feet in length without a minor building facade modulation. At a minimum of every thirty-five (35) feet of facade length, the minor vertical facade modulation shall be a minimum two (2) feet deep by five (5) feet wide recess or a minimum two (2) foot setback of the building plane from the primary building facade.

Page C-1.94
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building. (C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of twenty-five (25) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(C) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in Section 16.20.040(1). (See Figure 2.)
(D) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile. (E) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize materials and colors consistent with the design of the remainder of the building.
(4) Height.

Page C-1.95
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height. (B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) All exterior stucco shall be completed in textures that are smooth, sanded, or fine-scraped. Heavy-figuring or rough cast stucco are not permitted. (B) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors. (C) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(D) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view. (E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095. (7) Open Space.
(A) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided. (B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum). (ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).

Page C-1.96
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).
(8) Access and Parking.
(A) Shared entrances to parking for nonresidential and residential uses shall be used where possible.
(B) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(C) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets. (D) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(E) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(F) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided. (9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

16.20.050 Residential green and sustainable building.

In addition to meeting all applicable regulations specified in Title 12 (Buildings and Construction), the following provisions shall apply to construction of any new building incorporating residential uses with three (3) or more units, residential additions to any existing building, and alterations of residential buildings. Implementation of these provisions may be subject to separate discretionary review and environmental review pursuant to the California Environmental Quality Act.
(1) Green Building.
(A) Any new construction, addition or alteration of a building with residential uses shall be required to comply with Table 16.20.050(1)(B). (2) Energy.
(A) For all new construction, the project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of the following measures:
(i) On-site energy generation;
(ii) Purchase of one hundred percent (100%) renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project; (iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;
(iv) Purchase of certified renewable energy credits and/or certified renewable energy offsets annually in an amount equal to the annual energy demand of the project.

Page C-1.97
If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.

TABLE 16.20.050(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

16.20.050(2)(B)
Designed to meet
LEED Gold ID+C1 or
update core and shell
of entire building to
current California
Energy Code2 and
meet Section

16.20.050(2)(B)
Electric
Vehicle (EV)
Charging
Spaces
The electric vehicle charging spaces requirements in Section 16.72.010 apply.

Energy
Reporting
Enroll in EPA Energy
Star Building
Portfolio Manager
and submit
documentation of
compliance as
required by the city
Enroll in EPA Energy
Star Building
Portfolio Manager
and submit
documentation of
compliance as
required by the city
Enroll in EPA Energy
Star Building
Portfolio Manager
and submit
documentation of
compliance as
required by the city
Enroll in EPA Energy
Star Building
Portfolio Manager
and submit
documentation of
compliance as
required by the city
Enroll in EPA Energy
Star Building Portfolio
Manager and submit
documentation of
compliance as
required by the city
Enroll in EPA Energy
Star Building Portfolio
Manager and submit
documentation of
compliance as
required by the city
1 "Designed to meet LEED standards" is defined as follows: (a) applicant must submit appropriate LEED checklist and verifying cover letter from a project LEED AP with the project application and (b) applicant must complete all applicable LEED certification documents prior to approval of the final inspection for the building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification.

Page C-1.98
2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in Section 16.20.050(2)(B). If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in Section

16.20.050(2)(B), additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action. 3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table.
(3) Water Use Efficiency and Recycled Water.
(A) Single pass cooling systems shall be prohibited in all new buildings. (B) All new buildings shall be built and maintained without the use of well water. (C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved.
(D) All new buildings shall be dual plumbed for the internal use of recycled water. (E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source assessment, the alternative water source and its proposed uses shall be approved by the city’s public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not Page C-1.99
available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council.

The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city approved nonpotable applications, but in no case shall the reduction be less than thirty percent (30%) compared to the water budget in subsection (3)(C) of this section. The conservation measures may include on-site measures, off-site measures or a combination thereof.
(F) Potable water shall not be used for dust control on construction projects. (G) Potable water shall not be used for decorative features, unless the water recirculates.
(4) Waste Management.
(A) Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this chapter, "zero waste" is defined as ninety percent (90%) overall diversion of nonhazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero-waste plan elements shall include the property owner’s assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration. (5) Bird-Friendly Design.
(A) No more than ten percent (10%) of facade surface area shall have non-bird-friendly glazing.
(B) Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.
(C) Occupancy sensors or other switch control devices shall be installed on nonemergency lights and shall be programmed to shut off during nonwork hours and between ten (10) p.m. and sunrise.
(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building facade.
(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed.
(F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.
(G) Use of rodenticides shall not be allowed.

Page C-1.100
(H) A project may receive a waiver from one (1) or more of the items listed in subsections (5)(A) to (F) of this section, subject to the submittal of a site specific evaluation from a qualified biologist and review and approval by the planning commission.

16.20.060 Mitigation monitoring.

All development zoned R-3 on lots ten thousand (10,000) square feet or more and located within the identified areas around the El Camino Real/Downtown Specific Plan area shall comply, at a minimum, with the Mitigation Monitoring and Report Programs (MMRP) established through Resolution No. 6149 associated with the Housing Element Update, General Plan Consistency Update, and Zoning Ordinance Amendments Environmental Assessment prepared for the Housing Element adopted on May 21, 2013. (Ord. 995 § 2 (part), 2013). the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) certified in November 2016 and the Housing Element Update Subsequent EIR (SCH #2015062054) (“SEIR”) certified in January 2023.

Section 3. Amendment. Chapter 16.22 – R-4 High Density Residential District, Section

16.22.040 – Development regulations, Subsection 16.22.040(4), of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):
(4) Land cover by all structures shall not exceed forty fifty-five percent (40% 55%); Section 4. Amendment. Chapter 16.23 – R-4-S High Density Residential District, Special, Section 16.23.050 – Development regulations, of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.23.050 Development regulations.

Development regulations are as follows in the R-4-S district:

Regulation1 Notes
Minimum Lot Area 20,000 sf
Minimum Lot Width 100 ft. See Section 16.04.430 for definition.

Minimum Lot Depth 100 ft. See Section 16.04.420 for definition.

Density
Minimum 20 du/ac Densities may be increased with
application of the State Density
Bonus Law or Affordable Housing
Overlay, if applicable Maximum 30 du/ac
Minimum
Yards
Front 10 ft. See Section 16.04.720 for definition.

Interior Side 10 ft., except may be reduced to 5 ft. abutting a private access easement See Section 16.04.740 for definition.

Corner Side 10 ft.

Rear 10 ft. See Section 16.04.730 for definition.

Maximum Floor Area
Ratio
Increase on an even gradient from 60% for 20 du/ac to 90% for 30 du/ac
See Sections 16.04.315 and

16.04.325 for definitions.

Maximum Building
Coverage 40% 55% See Section 16.04.120 for definition.

Minimum Open Space
(Landscaping) 25% See Section 16.04.500 for definition.

Page C-1.101
Regulation1 Notes
Height
Maximum
Building
Height
40 ft. See Section 16.04.330 for definition
of height of structure.

Building Profile
Starting at a height of 25 feet, a 45-degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.

Parking
Vehicular
2 spaces for units with 2 or more bedrooms; 1.5 spaces for 1 bedroom unit; 1 space per studio. Spaces cannot be located in required front yard setbacks or in tandem.

Electric
Vehicle
The electric vehicle charging spaces requirements in Section

16.72.010 apply.

Bicycle
Long term—1 space per unit where a private garage (per unit) is not provided
Short term (visitor)—1 space per every 10 units
1 A development regulation, except for floor area ratio and density, may be modified subject to a use permit established in Chapter 16.82. (Ord. 1050 § 6, 2018: Ord. 992 § 3 (part), 2013).

Section 5. Amendment.

Chapter 16.24 – R-3-A Garden Apartment Residential District, Section 16.24.030 – Development regulations, Subsection 16.24.030(5), of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):
(5) Land cover by all structures shall not exceed thirty fifty-five percent (30% 55%) of building site;
Section 6. Amendment.

Chapter 16.26 – R-3-C Apartment—Office District, Section 16.26.010– Uses generally, of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

Permitted uses, conditional uses and development regulations are as specified in the R3 district; provided that offices may be permitted subject to obtaining a use permit therefor, and further provided the C-1-A C-MU regulations shall be conformed to. It is the intention in this district to permit apartments and offices but not on the same property or in the same building. (Ord. 555 Art. IV, 1974: Prior code § 30.410).

Section 7. Zoning Map Amendment.

The zoning map of the City of Menlo Park is hereby amended such that the former Flood School parcel at 320 Sheridan Drive (APN 055-303-110) as identified in Exhibit A is rezoned from R-1- U (Single Family Urban Residential) to the R-3 (Apartment) zoning district.

Section 8. Severability.

Page C-1.102
Section 9. Compliance with CEQA.

The City Council hereby finds that the action to adopt this Ordinance was considered within the Subsequent Environmental Impact Report (SEIR) for the Housing Element Update project, certified by Council Resolution No. 6808, adopted January 31, 2023. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The SEIR was certified in January 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project. (c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was certified as complete, has been submitted to the City.

Section 10. Publication; Effective Date.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the ___ day of ___, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page C-1.104
APPROVED:
________________________
Jen Wolosin, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Exhibit
A. Map of Zoning Change
Page C-1.105
6th Cycle Housing Element Zoning Update
Proposed R-3 Zoned Property
0 0.05 0.1 0.2 0.3 0.4 0.5
Miles
Legend
R-3
Other Parcels
City Limits
REZONING:

R-1-U (Single Family Urban Residential) to R-3
(Apartment)
Page C-1.106
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK TO

APPROVE AMENDMENTS TO THE EL CAMINO REAL/DOWNTOWN
SPECIFIC PLAN TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.L,

MODIFY EL CAMINO REAL/DOWNTOWN SPECIFIC PLAN, AND DETERMINE

THAT THE AMENDMENTS TO THE EL CAMINO REAL/DOWNTOWN

SPECIFIC PLAN WERE CONSIDERED WITHIN THE HOUSING ELEMENT

UPDATE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
WHEREAS, the City of Menlo Park General Plan provides a framework for land use and planning decisions; and
WHEREAS, the Menlo Park El Camino Real/Downtown Specific Plan, adopted on July 12, 2012, establishes a framework for private and public improvements on El Camino Real, in the Caltrain station area, and in downtown Menlo Park; and
WHEREAS, beginning in 2021, the City undertook a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, on December 8, 2021, the City Council conducted a public meeting and reviewed and recommended potential land use strategies for the Housing Element, and among those was a strategy to modify the El Camino Real/Downtown Specific Plan to increase opportunities for housing and vibrancy through a mix of residential and non-residential uses; and WHEREAS, on May 11, 2022, the City released a draft Housing Element containing policies and programs to help the City meet its Regional Housing Needs Allocation (RHNA), including programs to modify the El Camino Real/Downtown Specific Plan area to encourage the development of a mix of residential and non-residential uses; and WHEREAS, on January 31, 2023, the City adopted the Housing Element, including Housing Element Policy H4.4, Mixed-Use Housing, to encourage well-designed residential mixed-use developments where residential use is appropriate to the setting, in proximity to transit and other services, within certain existing non-residential zoning districts; and WHEREAS, the adopted Housing Element includes Policy H4.6, Retention and Expansion of Multifamily Sites at Medium and Higher Density, to strive to protect and expand the supply and availability of multifamily and mixed-use infill housing sites for housing, maximizing multifamily uses on properties; and
WHEREAS, the adopted Housing Element includes Program H4.L, Modify El Camino Real/Downtown Specific Plan, with the objective of increasing housing opportunities in the area, thereby facilitating production of affordable housing and enhancing economic integration in high resource areas of the community; and
WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.L; and
ATTACHMENT F Page C-1.107
WHEREAS, the City Council held a study session on August 22, 2023 to discuss the proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.L; and
WHEREAS, amendments to the El Camino Real/Downtown Specific Plan are necessary to implement Housing Element Program H4.L; and
WHEREAS, the amendments to the El Camino Real/Downtown Specific Plan include, but are not limited to, eliminating the housing cap in the Specific Plan area, increasing the maximum base level density to at least 30 dwelling units per acre across all zoning districts, increasing the maximum public benefit bonus level densities to encourage more housing, establishing a minimum density of 20 dwelling units per acre for all zoning districts upon the addition of residential uses on a site, and increasing maximum building heights corresponding to increased density, and other amendments noted within Exhibit A; and WHEREAS, the proposed amendments to the El Camino Real/Downtown Specific Plan are internally consistent; and
WHEREAS, the City, as the lead agency, pursuant to CEQA and the CEQA Guidelines previously prepared and certified the ConnectMenlo Program Environmental Impact Report (“ConnectMenlo EIR”) in November 2016 and certified the Housing Element Update Subsequent EIR (SCH #2015062054) (“SEIR”) in January 2023; and WHEREAS, on August 23, 2021 the City sent notifications of the Housing Element Update SEIR and proposed General Plan amendments to California Native American tribes, identified by the Native American Heritage Commission, notifying the tribes of the opportunity to conduct consultations on the proposed amendments, per the requirements of California Senate Bill 18; and
WHEREAS, after the 90-day comment period, the City did not receive any requests for consultation on the proposed El Camino Real/Downtown Specific Plan amendments; 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 October 23, 2023 that was continued to November 6, 2023, the Planning Commission considered the previously-certified SEIR as part of its consideration of the proposed amendments to the El Camino Real/Downtown Specific Plan, prior to making a determination on its recommendation to the City Council; and WHEREAS, the Planning Commission of the City of Menlo Park having fully reviewed, considered, and evaluated all the testimony and evidence submitted in this matter, voted to recommend that the City Council of the City of Menlo Park make findings that the proposed amendments to the El Camino Real/Downtown Specific Plan are in compliance with all applicable State regulations and the City General Plan, and adopt a resolution approving the proposed El Camino Real/Downtown Specific Plan amendments; and WHEREAS, at a duly and properly noticed public hearing held on ___, 2023, the City Council considered the previously-certified SEIR as part of its consideration of the Planning Page C-1.108
Commission’s recommendation on the proposed amendments to the El Camino Real/Downtown Specific Plan, prior to making a determination on the proposed amendments.

NOW, THEREFORE, THE MENLO PARK CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

Section 2. CEQA Findings. The City Council of the City of Menlo Park does hereby make the following findings:

1. There have not been any substantial changes in the amendments based upon substantial evidence and none of the conditions described in §15162 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically:
a. No substantial changes are proposed in the project which will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The changes proposed to the El Camino Real/Downtown Specific Plan do not create any additional environmental impacts;
b. No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The Housing Element Update SEIR was certified in January 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project; and
c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was certified as complete, has been submitted to the City.

2. Based on the above findings, the City Council determines that the previously-certified SEIR is adequate to serve as the required environmental documentation for the El Camino Real/Downtown Specific Plan amendments.

Section 3. Findings. The City Council of the City of Menlo Park does hereby make the following findings:

1. The amendments to the El Camino Real/Downtown Specific Plan are necessary to allow the City Council to consider implementation of Housing Element Program H4.L to increase housing opportunities in El Camino Real/Downtown Specific Plan Area, thereby facilitating production of affordable housing and enhancing economic integration in high resource areas of the community.

2. The amendments to the El Camino Real/Downtown Specific Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan.

3. The amendments would be consistent with the previously-certified SEIR prepared for the Housing Element Update.

Page C-1.109
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 ___ day of ___, 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 ___, 2023.

Judi A. Herren, City Clerk
Exhibit
A. Amendments to the El Camino Real/Downtown Specific Plan Page C-1.110

EXHIBIT A
Amendments to the El Camino Real/Downtown Specific Plan

1. Section 1. Chapter B. (Plan Context), Section B.3 (Opportunities and Constraints), Subsection “Improve and ‘Leverage’ Existing Public Parking Plazas” on Page B12, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The downtown parking plazas provide needed parking for downtown stores and services.

However, their current configuration is inefficient, with narrow drive aisles and sub-standard spaces in some cases. The city-owned parking plazas provide opportunities for possible limited infill development including modest new retail/restaurant uses, residential uses, with an emphasis on affordable housing, public open space, and structured parking, enhancing the vitality and vibrancy of downtown. Such changes can enhance downtown character without reducing the inventory of available parking spaces. The opportunities listed will enhance foot traffic through increased patronage and support of local retail businesses downtown, in turn leading to increased sales. The parking plazas also provide opportunities for improved parking management, such as by relocating longer-term parking to garages and improving short-term parking opportunities elsewhere.

2. Section 2. Chapter C. (Plan Principles, Framework, and Program), Section C.4 (Sub-Area Concepts), Subsection “Downtown” first and second paragraphs on Page C16, are hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The Urban Design Framework establishes a more vibrant and active downtown through enhanced pedestrian pathways, active gathering spaces and new mixed-use infill development, including residential uses. The concept for downtown emphasizes the existing small-town character, ensuring a variety of public spaces and smaller-scale buildings complementary to the existing character of the area. The downtown concept emphasizes a mix of uses, ensuring places for people to shop, dine, work, live, and recreate. celebrates Santa Cruz Avenue, enhances its character and functionality, and positions it for a successful future through wider, more comfortable sidewalks and a refreshed streetscape. Figures C4 and C5 illustrate the concept for enhancements to downtown.

The concept for downtown continues to provide convenient shared parking at public parking plazas. To accommodate public space enhancements and residential uses, and support downtown businesses, proposed Proposed improvements include the Santa Cruz Avenue Central Plaza and market place, linked by a pedestrian paseo on Chestnut Street. These enhancements create a sense of village center - a “place du village” - in the heart of downtown, which establishes a new destination and reinforces downtown’s image and identity. At the center of Santa Cruz Avenue, the Santa Cruz Avenue Central Plaza accommodates vehicular circulation, although it may be closed temporarily for special events. The market place concept, which describes a range of options including a pavilion of small retail and food vendors, frames the Chestnut paseo and functions in conjunction with the Santa Cruz Avenue Central Plaza and the weekly Farmer’s Market. It also complements the established grocers in the area. Careful design and programming of such a facility, along with requirements for trial implementation, will ensure that such an amenity complements, and does not compete with, the Farmer’s Market and other food retailers downtown.

3. Section 3. Chapter C. (Plan Principles, Framework, and Program), Section C.6 (Illustrative Plan and Development Program), the bulleted list on Page C20, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

Page C-1.111

EXHIBIT A
As envisioned in the Illustrative Plan (Fig. C6, next page), the full build-out of the project area over time could result in the following net new development:
• Residential 680 Units
• Retail Space 91,800 Square Feet
• Commercial Space 240,820 Square Feet
• Hotel 380 Rooms
• Parking Spaces (net new public + private) 3,670 Spaces • Resident Population 1,537 New Residents
• Employment 1,357 New Jobs

4. Section 4. Chapter D. (Public Space), Section D.2 (Downtown) on Page D8, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The Specific Plan establishes a comprehensive network of public spaces downtown that enhance the civic and social life of the community and support downtown businesses. Because there is no existing civic plaza or vacant public land, the Specific Plan relies on existing public rights-of-way and public parking plazas to create much-needed civic and social spaces. The plan establishes a recognizable center in downtown, a central nexus of public spaces and locus of activity -- a Central Plaza -- at the intersection of Santa Cruz Avenue and Chestnut Street.

This central area, accompanied by an improved streetscape and widened sidewalks on Santa Cruz Avenue, elevates the character of downtown’s “main street.” In combination with enhanced pedestrian linkages, activity nodes and pocket parks, the improvements create a comprehensive, connected network of civic and social spaces. Illustrated in Figures D6 and D7, the public space improvements in downtown consist of:
• Santa Cruz Avenue Sidewalks;
• Santa Cruz Avenue Central Plaza;
• Chestnut Paseo;
• Market Place;
• South Parking Plazas Pedestrian Link;
• Flex Space/Parking and Housing (Parking Plazas 5 and 6); • Crane Street and Chestnut Street/Oak Grove
• Avenue Pocket Parks; and
• Other Street/Alley Improvements.

Note: Beneath Figure D6 (Downtown Public Space Plan with Major Public Space Improvements) and Figure D7 (Concept Plan of Key Public Spaces Downtown), the following footnote is added:

The eight city-owned surface parking lots (Parking Plazas #1-8) would allow multifamily residential development. These sites are the subject of Housing Element Program H4.G (Prioritize Affordable Housing on City-Owned Parking Lots Downtown).

5. Section 5. Chapter E. (Land Use and Building Character), Section E.2.1 (Land Use Designations), Subsection “El Camino Real Mixed Use” on Page E2, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The El Camino Real Mixed Use designation allows for a variety of retail, office, residential and public and semipublic uses. Building character in this land use designation relates to adjacent neighborhoods, withThe maximum building heights of two to three vary from about four to five stories in most locations and up to, except for buildings of up to three to four about six stories Page C-1.112

EXHIBIT A
(with provision of public benefit. The highest intensities are in the Downtown and Station Area.)on part of northeast El Camino Real, and buildings of up to four to five stories permitted on the southeast end of El Camino Real. The allowed development intensities vary with the lowest intensity on the far northern end of El Camino Real, moderate intensities on the southwest end and highest intensities on the southeast end of El Camino Real, where parcels are separated from adjacent uses by El Camino Real (to the west) and the railroad right-of-way (to the east).

6. Section 6. Chapter E. (Land Use and Building Character), Section E.2.1 (Land Use Designations), Subsection “El Camino Real Mixed Use/Residential” on Page E4, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The El Camino Real Mixed Use/Residential designation emphasizes residential use in close proximity (approximately 1/2 mile) to the station area and downtown, in order to support area businesses, transit use and overall downtown vibrancy. This designation also allows for a variety of retail, office and public and semipublic uses. The maximum building heights vary from two to three about four to five stories in most locations and up to three to four about six stories (with provision of public benefit) on part of northeast El Camino Real and four to five stories, and the highest intensities, on the east side of El Camino Real south of Ravenswood Avenue.

7. Section 7. Chapter E. (Land Use and Building Character), Section E.2.1 (Land Use Designations), Subsection “Downtown/Station Area Retail/Mixed Use” on Page E4, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The Downtown/Station Area Retail/Mixed Use designation focuses on uses that enhance downtown vibrancy by building upon existing community-serving retail and personal services in the downtown area. While emphasizing retail for ground-floor uses, the designation allows for a mix of uses, including office and residential uses, enhancing downtown vibrancy through an increased customer base for restaurants and retail businesses. It also allows for theaters (commercial recreation), hotels and some public and semipublic uses. This designation covers the current public parking plazas, which could accommodate residential and other limited nonparking uses (see Section E.2.3).

To complement the size of existing downtown business establishments and building character, the size of some types of businesses are limited (see Section E.2.3), and allowable building heights are two to three up to about five stories for all but the area in closest proximity to the train station, where heights of either three to four or four to five up to about seven stories are allowed. Allowed intensities in the downtown core are generally consistent with historic levels while higher intensities are allowed in the train station area.

8. Section 8. Chapter E. (Land Use and Building Character), Section E.2.1 (Land Use Designations), Subsection “Downtown Adjacent (Office/Residential)” on Page E4, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

Allowing for office, limited personal services and residential uses, the Downtown Adjacent Office/Residential designation complements but does not compete with retail uses in the downtown area. The category permits offices and personal services (with certain size limitations), residential uses and public and semipublic uses. It excludes retail and hotel uses.

The allowable building height is two to three up to about four stories, which complements buildings in downtown and adjacent neighborhoods.

Page C-1.113

EXHIBIT A

9. Section 9. Chapter E. (Land Use and Building Character), Section E.2.3 (Special Land Use Topics), Subsection “Non-Parking Improvements on Downtown Parking Plazas” on Page E11, is hereby amended to read as follows (Additions in underline, deletions in strikethrough.):

The Specific Plan calls for enhanced public spaces and increased development intensities to increase downtown vibrancy, foot traffic and transit use. The plan considers the public parking plazas as opportunities for public open space, and limited retail (see market place concept above), in conjunction with new parking structures that satisfy parking demand in downtown Menlo Park for both visitors and employees. In all cases, parking in support of businesses must be the City’s top priority when considering how, when and if to evaluated when considering to implement changes to public parking plazas. Evaluation can include study for potential consolidation of parking in certain locations to allow for the development of new uses besides parking in other locations.

The Specific Plan allows for limited non-parking uses on parking plazas, in particular, open space improvements, such as small pocket parks, and the market place concept, and residential uses. Except as specifically provided in the Specific Plan, the downtown parking plazas shall remain in parking use. The majority of the parking plazas are publicly-owned. A few portions of the parking plazas are privately-owned, and would require cooperation with, and approval of, the private owners to change the use of those parcels. If the community decides it is in the city’s best interest to enhance the parking plaza parcels with open space improvements, and/or a permanent market, and/or housing, place concept, it is important that the City have a parking strategy in place to ensure an adequate parking supply.

10. Section 10. Chapter E. (Land Use and Building Character), Section E.3 (Development Standards and Guidelines), Figure E2 (Development Intensity / Density) on Page E14, is hereby repealed and replaced with an amended figure of the same title as shown on the following page. Figure E2 includes information regarding maximum density (dwelling units per acre (du/ac)) and floor area ratio (FAR) for residential or mixed use projects at base level and public benefit bonus level development. Non-residential FAR and Step-Up FAR information is shown in Table E2.

Page C-1.114
E14

MENLO PARK EL CAMINO REAL AND DOWNTOWN SPECIFIC PLAN
LAUREL
MIDDLE

COLLEGE
ROBLE
MILLS

CAMBRIDGE

LIVE OAK

RAVENSWOOD

HARVARD

BURGESS

PARTRIDGE

GARWOOD
HOOVER

MERRILL
EVELYN
CRANE

MARCUSSEN

WAVERLEY

SAN ANTONIO
MOREY
DOYLE
BLAKE

CURTIS KENWOODCHESTNUT

ELIZABETH

BASSETT
BLAKE
CRANE

SHERWOOD
WILLOW

LINFIELD
CURTIS
Alma Street
University
University
Oak Grove
Glenwood
Valparaiso
Oak Grove
Santa Cruz Ave
Menlo
Ravenswood
El Camino Real

MALONEY
Fremont
Park
Nealon
Park Jack W. Lyle
Memorial Park Burgess
Park
Civic
Center
El Camino Real/Downtown Specific Plan
City of Menlo Park
Fehr & Peers
Strategic Economics
BKF Engineers
ESA
HDR/The Hoyt Company
02 December 2009
Fig X: Proposed Development Standards (DRAFT)
ECR NW
El Camino Real
North-West
ECR NE
El Camino Real
North-East

ECR NE-L
El Camino Real
North-East
Low Density

ECR NE-R
El Camino Real
North-East
Residential Emphasis
ECR SE
El Camino Real
South-East
SA E
Station Area East
SA W
D Station Area West
Downtown
ECR SW
El Camino Real
South-West
DA
Downtown Adjacent
C3
C4
Residential Emphasis
Project Area Boundary
Menlo Park City Boundary
C1-R
ECR NE

ECR NE-R
ECR SE
ECR NW
ECR SW
SA E
SA W
D
DA
Project Area Boundary
Menlo Park City Boundary

ECR NE-L
Base Allowable FAR or du/ac
Public Benefit Bonus
Allowable FAR or du/ac
Project Area Boundary
Menlo Park City Boundary

1.15 (1.45)

ECR NE-R
ECR SE
ECR NW
ECR SW
SA E
SA W
D
DA
ECR NE

ECR NE-L
ECR NW
El Camino Real
North-West

1.35 (1.75) FAR
40 (50) du/ac
ECR NE
El Camino Real
North-East

1.35 (1.75) FAR
40 (50) du/ac

ECR NE-L
El Camino Real
North-East
Low Density

1.15 (1.45) FAR
40 (50) du/ac

ECR NE-R
El Camino Real
North-East
Residential Emphasis

1.45 (2.05) FAR
50 (70) du/ac
ECR SE
El Camino Real
South-East

2.05 (2.55) FAR
60 (80) du/ac
SA E
Station Area East

2.75 (3.75) FAR
60 (100) du/ac
SA W
Station Area West

2.75 (3.75) FAR
60 (100) du/ac
D
Downtown

2.75 (3.75) FAR
60 (100) du/ac
ECR SW
El Camino Real
South-West

1.35 (1.75) FAR
40 (50) du/ac
DA
Downtown Adjacent

1.15 (1.45) FAR
40 (50) du/ac
Figure E2. Development Intensity / Density
Note: Figure E2 includes information regarding maximum density (dwelling units per acre (du/ac)) and floor area ratio (FAR) for residential or mixed-use projects at base level and public benefit bonus level development. Non-residential FAR and Step-Up FAR information is shown in Table E2.

Page C-1.115

EXHIBIT A

11. Section 11. Chapter E. (Land Use and Building Character), Section E.3 (Development Standards and Guidelines), Table E2 (Development Standards by Zoning Districts) on Page E15, is hereby repealed and replaced with an amended table of the same title as shown on the following page. Table E2 includes information regarding maximum development intensity (e.g., density and floor area ratio) and building heights (e.g., overall building height, façade height, and building profile sides) for non-residential, residential, and mixed-use developments. Table E2 also notes the minimum residential density established: Any development in the Specific Plan area that includes residential uses shall have a minimum density of 20 dwelling units per acre. Additions to existing residential development do not need to meet this minimum density requirement.

Page C-1.116
D Downtown Retail/Mixed-Use (MSO) 60 2.00 2.75 3.15* 60'-64'** 40' 38' 30' Public DA Downtown Adjacent Office/Residential 40 0.85 1.15 1.55* 50'-54'** 30' 38' 30' All ECR NE El Camino Real North-East Mixed-Use 40 1.10 1.35 1.75* 50'-54'** 40' 38' 38' Public-Rear ECR NE-L El Camino Real North-East Low Density Mixed-Use 40 0.75 1.15 1.55* 50'-54'** 30' 38' 30' All ECR NE-R El Camino Real North-East Residential Emphasis Mixed-Use/Residential 50 1.10 1.45 1.85* 50'-54'** 40' 38' 38' Public-Rear ECR NW El Camino Real North-West Mixed-Use/Residential 40 1.10 1.35 1.75* 50'-54'** 40' 38' 38' Public-Rear SA E Station Area East Retail/Mixed-Use (MSO) 60 1.35 2.75 3.15* 60'-64'/48' Alma Street** 40' 60'/48' Alma Street 38' Public SA W Station Area West Retail/Mixed-Use (MSO) 60 2.00 2.75 3.15* 60'-64'** 40' 38' 38' Public ECR SE El Camino Real South-East Mixed-Use/Residential 60 1.25 2.05 2.45* 60'-64'** 40' 60' 38' Public ECR SW El Camino Real South-West Mixed-Use/Residential 40 1.10 1.35 1.75* 50'-54'** 30' 38' 30' All D Downtown Retail/Mixed-Use (MSO) 100 2.25 3.75 4.50* 81'-85'** 40' 38' 30' Public (Stepbacks over 60 du/ac)*** DA Downtown Adjacent Office/Residential 50 1.00 1.45 1.85* 50'-54'** 40' 38' 30' All ECR NE El Camino Real North-East Mixed-Use 50 1.50 1.75 2.05* 50'-54'** 40' 38' 38' Public-Rear ECR NE-L El Camino Real North-East Low Density Mixed-Use 50 1.10 1.45 1.85* 50'-54'** 40' 38' 30' All ECR NE-R El Camino Real North-East Residential Emphasis Mixed-Use/Residential 70 1.50 2.05 2.45* 60'-64'** 40' 38' 38' Public-Rear ECR NW El Camino Real North-West Mixed-Use/Residential 50 1.50 1.75 2.05* 50'-54'** 40' 38' 38' Public-Rear SA E Station Area East Retail/Mixed-Use (MSO) 100 1.75 3.75 4.50* 81'-85'/48' Alma Street** 40' 60'/48' Alma Street 38' Public-Rear (Stepbacks over 60 du/ac)*** SA W Station Area West Retail/Mixed-Use (MSO) 100 2.25 3.75 4.50* 81'-85'** 40' 38' 38' Public (Stepbacks over 60 du/ac)*** ECR SE El Camino Real South-East Mixed-Use/Residential 80 1.75 2.55 2.95* 60'-64'/71'-75' (Over 60 du/ac)** 40' 60' 38' Public (Stepbacks over 60 du/ac)*** ECR SW El Camino Real South-West Mixed-Use/Residential 50 1.50 1.75 2.05* 50'-54'** 40' 38' 30' All *
**
***
12345

DEVELOPMENT STANDARDS BY ZONING DISTRICTS
DENSITY RESIDENTIAL OR MIXED USE BUILDING HEIGHT 45º BUILDING PROFILE SIDES

DEVELOPMENT INTENSITY BUILDING HEIGHTS
NONRESIDENTIAL
FAR

RESIDENTIAL

OR MIXED USE

BUILDING
FAÇADE
HEIGHT

LAND USE RESIDENTIAL

OR MIXED USE
FAR

STEP-UP FAR

AREA NON-RESIDENTIAL

BUILDING HEIGHT
NONRESIDENTIAL

BUILDING
FAÇADE
HEIGHT
PUBLIC

BENEFIT
BONUS

STANDARDS
BASE

STANDARDS
NOTES
Step-Up FAR requires at least 50% of the overall building FAR to be residential use with no more than 65% residential FAR in the D, SA E, and SA W zoning districts. In all zoning districts, developments must have an average net residential unit size of at least 1,000 square feet, a maximum individual unit size of 2,000 square feet, and either A) 50% of units with 2+ bedrooms and 10% with 3+ bedrooms, or B) all for sale units.In the D, SA E, SA W zoning districts, maximum heights for projects with residential uses would be 50' (54' with pitch roofs 3:12 or greater) for density of 20 to 40 du/ac; 60' (64' with pitch roofs 3:12 or greater) for density over 40 du/ac to 60 du/ac; 71' (75' with pitch roofs 3:12 or greater) for density over 60 du/ac to 80 du/ac; and 81' (85' with pitch roofs 3:12 or greater) for density over 80 du/ac.In the DA, ECR NE, ECR NE-L, NCR NE-R, ECR NW, ECR SE, and ECR SW zoning districts, maximum heights for projects with residential uses would be 40' (44' with pitch roofs 3:12 or greater) for density of 20 to 30 du/ac; 50' (54' with pitch roofs 3:12 or greater) for density over 30 du/ac to 50 du/ac; and 60' (64' with pitch roofs 3:12 or greater) for densities over 50 du/ac.Where density exceeds 60 du/ac, stepbacks are required in-lieu of building profile at required buillding sides as follows:Stepback 1 (10' back from primary façade at/below maximum façade height); and Stepback 2 (10' back at building wall at 60' above grade or at uppermost level if lower than 60').MSO = Main Street Retail Frontage Overlay along Santa Cruz Avenue. Property fronting Santa Cruz Avenue shall be required to have a minimum 1.0 FAR of commercial use. Note, ground floor uses shall be retail, restaurant, etc. per Table E1 of the Specific Plan).Minimum residential floor area ratio (FAR): Minimum ratio of residential square footage of the gross floor area of all buildings on the lot to the square footage of the lot shall increase on an even gradient from 53% for 20 du/ac to 264% for 100 du/ac.Minimum Residential Density (20 du/ac): Any development in the Specific Plan area that includes residential uses shall have a minimum density of 20 du/ac. Additions to existing residential development do not need to meet this minimum density requirement.Non-Residential FAR: Most zoning districts limit office use to one-half of FAR but allow other non-office non-residential uses to the allowed FAR.Maximum FAR for offices and medical offices shall be based on the base or public benefit bonus FAR in all subdistricts per the Specific Plan regulations (i.e., 1/2 or 1/3 of the base or public benefit bonus FAR). These maximums shall not be increased with use of the Step-Up base or Step-up public benefit bonus provisions.

Page C-1.117

EXHIBIT A

12. Section 12. Chapter E. (Land Use and Building Character), Section E.3.2 (Height), beginning on Page E18 and ending on Page E20, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Based on community input, the Specific Plan allows for buildings with higher heights, up to a maximum of 85 feet (at the public benefit bonus level), in the Downtown and in close proximity to the Caltrain station. Heights reduce to generally a maximum of 54 feet in all other areas except areas adjacent to the Station Area on the east side of El Camino Real where heights could be up to 64 feet in the El Camino Real North-East Residential Emphasis zoning district and up to 75 feet in the El Camino Real South-East zoning district (at the public benefit bonus level). up to 38 feet tall in most locations, 48 feet nearer downtown and the station area and up to 60 feet in selected locations, principally in the station area and along the eastern side of El Camino Real south of Ravenswood Avenue.

Figure E3 illustrates allowable maximum building heights and maximum façade heights in the Specific Plan area.

A 38-foot height limit can accommodate a two story commercial or commercial/mixed-use building (e.g., office above ground-floor retail) or a three story residential or residential/mixed-use building (e.g., residential above ground floor retail). The need for taller interior heights in commercial buildings effectively reduces the number of stories that can be accommodated. The 38 foot height limit is generally consistent with the 35 foot height limit currently found in many of the neighborhoods adjacent to the Specific Plan area.

A 48-foot height limit can accommodate a three-story commercial or commercial/mixed-use building, or a four story residential or residential/mixed-use building. In areas north of the station area on the east side of El Camino Real, the 48-foot height limit (i.e., the height above 38 feet/typically an additional story) is associated with a Public Benefit Bonus.

A 60-foot height limit can accommodate a four-story commercial or commercial/ mixed-use building, or a five-story residential or residential/mixed-use building. In general, higher intensity development and taller buildings can enhance downtown vibrancy, support transit use, increase housing supply and make redevelopment of underutilized lots more attractive.

The 48 foot and 60 foot height limits are similar to some existing buildings within the Specific Plan area, including Menlo Center at 46 feet tall and the building at 800 El Camino Real at 56 feet tall.

In addition to overall building heights, the Specific Plan includes standards for maximum façade heights along public rights-of-way, sidewalks and other public spaces and sensitive areas. In general, a façade height requirement applies to facades facing public rights-of-way and all public spaces. Additionally in the districts where proposed building height limit is appreciably taller than the surrounding buildings, and the development abuts a smaller scale residential fabric outside the Specific Plan Study, façade height limit is required on all sides, except the interior side. These specifically are the districts ECR NE-L, ECR SW, SA E and ECR SE. The limits on façade heights help to attenuate the visual effects of taller buildings.

At the three community workshops in 2009, the community generally accepted taller buildings, as noted, with the strong proviso that building massing is modulated. Standards Page C-1.118

EXHIBIT A
and guidelines presented in Section E.3.4 “Massing and Modulation” help to effectively address massing, incorporating a modulated and articulated taller building volume with adjacent open space.

13. Section 13. Chapter E. (Land Use and Building Character), Section E.3.2 (Height), Figure E3 (Maximum Building Height and Maximum Façade Height) on Page E19, is hereby repealed and replaced with an amended figure of the same title as shown on the following page. Figure E3 includes information regarding building height and façade height for residential or mixed-use projects at base level and public benefit bonus level development.

Non-residential building height and façade height information is shown in Table E2.

Page C-1.119
E19
LAUREL
MIDDLE

COLLEGE
ROBLE
MILLS

CAMBRIDGE

LIVE OAK

RAVENSWOOD

HARVARD

BURGESS

PARTRIDGE

GARWOOD
HOOVER

MERRILL
EVELYN
CRANE

MARCUSSEN

WAVERLEY

SAN ANTONIO
MOREY
DOYLE
BLAKE

CURTIS KENWOODCHESTNUT

ELIZABETH

BASSETT
BLAKE
CRANE

SHERWOOD
WILLOW

LINFIELD
CURTIS
Alma Street
University
University
Oak Grove
Glenwood
Valparaiso
Oak Grove
Santa Cruz Ave
Menlo
Ravenswood
El Camino Real

ECR NE-L
El Camino Real
North-East
Low Density

ECR NE-R
ECR SE
ECR NW
ECR SW
SA E
SA W
D
DA
Project Area Boundary
Menlo Park City Boundary

ECR NE-L

ECR NE-R
ECR SE
ECR NW
ECR SW
SA E
SA W
D
DA
ECR NE

ECR NE-L
ECR NW
El Camino Real
North-West
50'-54' (40')
50'-54' (40')
ECR NE
El Camino Real
North-East
50'-54' (40')
50'-54' (40')

ECR NE-L
El Camino Real
North-East
Low Density
50'-54' (30')
50'-54' (40')

ECR NE-R
El Camino Real
North-East
Residential Emphasis
50'-54' (40')
60'-64' (40')
ECR SE
El Camino Real
South-East
60'-64' (40')
60'-64'/71'-75' over 60 du/ac (40')
SA E
Station Area East
60'-64'/48' Alma St. (40')
81'-85'/48' Alma St. (40')
SA W
Station Area West
60'-64' (40')
81'-85' (40')
D
Downtown
60'-64' (40')
81'-85' (40')
ECR SW
El Camino Real
South-West
50'-54' (30')
50'-54' (40')
DA
Downtown Adjacent
50'-54' (30')
50'-54' (40')
CHAPTER E LAND USE + BUILDING CHARACTER
Figure E3. Maximum Building Height and Maximum Façade Height Note: Figure E3 includes information regarding maximum building height and façade height for residential or mixed-use projects at base level and public benefit bonus level development. Non-residential building height and façade height information is shown in Table E2.

X’(Y’) X’ = Max. Building Height, Base Level
Y’ = Max. Façade Height, Base Level
X’(Y’) X’ = Max. Building Height, Bonus Level
Y’ = Max. Façade Height, Bonus Level
Page C-1.120

EXHIBIT A

14. Section 14. Chapter E. (Land Use and Building Character), Section E.3.4.4 (Upper Story Façade Length) on Page E29, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

To further break down the massing of large buildings, the Specific Plan limits the size of a building’s upper stories, in particular those stories above the established 38-foot 40-foot façade height. Illustrated in Figure E10, the Specific Plan achieves this break down of massing by limiting the façade length of upper stories facing public rights-of-ways and public open spaces.

Standard
E.3.4.4.01 Building stories above the 38-foot 40-foot façade height shall have a maximum allowable façade length of 175 feet along a public right-of-way or public open space.

15. Section 15. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E17 (Mixed Use Residential Projects in El Camino Real North-East – Low Density (ECR NE-L) District) on Page E47, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

16. Section 16. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E18 (Mixed Use Commercial Projects in El Camino Real North-East – Low Density (ECR NE-L) District) on Page E48, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

17. Section 17. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E6 (Development Standards for El Camino Real North-East – Low Density (ECR NEL) District) on Page E49, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

18. Section 18. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E20 (Mixed Use Residential Projects in El Camino Real North-East (ECR NE) District) on Page E52, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

19. Section 19. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E21 (Mixed Use Commercial Projects in El Camino Real North-East (ECR NE) District) on Page E53, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

20. Section 20. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E7 (Development Standards for El Camino Real North-East (ECR NE District) on Page E54, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

Page C-1.121

EXHIBIT A

21. Section 21. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E23 (Mixed Use Residential Projects in El Camino Real North-East – Residential Emphasis (ECR NE-R) District) on Page E57, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

22. Section 22. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E24 (Mixed Use Commercial Projects in El Camino Real North-East – Residential Emphasis (ECR NE-R) District) on Page E58, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

23. Section 23. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E8 (Development Standards for El Camino Real North-East – Residential Emphasis (ECR NE-R District) on Page E59, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

24. Section 24. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E26 (Mixed Use Residential Projects in El Camino Real South-East (ECR SE) District) on Page E62, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

25. Section 25. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E27 (Mixed Use Commercial Projects in El Camino Real South-East (ECR SE) District) on Page E63, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

26. Section 26. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E9 (Development Standards for El Camino Real South-East (ECR SE District) on Page E64, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

27. Section 27. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E28 (Mixed Use Residential Projects in El Camino Real North-West (ECR NW) District) on Page E67, is hereby amended by modification of the maximum building height label to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

28. Section 28. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E29 (Mixed Use Commercial Projects in El Camino Real North-West (ECR NW) District) on Page E68, is hereby amended by modification of the maximum building height label to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

29. Section 29. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E10 (Development Standards for El Camino Real North-West (ECR NW District) on Page E69, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

Page C-1.122

EXHIBIT A

30. Section 30. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E31 (Mixed Use Residential Projects in El Camino Real South-West (ECR SW) District) on Page E72, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

31. Section 31. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E32 (Mixed Use Commercial Projects in El Camino Real South-West (ECR SW) District) on Page E73, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

32. Section 32. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E11 (Development Standards for El Camino Real South-West (ECR SW District) on Page E74, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

33. Section 33. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E33 (Mixed Use Residential Projects in Station Area East (SA E) District) on Page E77, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

34. Section 34. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E34 (Mixed Use Commercial Projects in Station Area East (SA E) District) on Page E78, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

35. Section 35. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E35 (Mixed Use Residential Projects in Station Area East (SA E) District – Alma Street East) on Page E79, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

36. Section 36. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E12 (Development Standards for Station Area East (SA E) District) on Page E80, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

37. Section 37. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E36 (Mixed Use Residential Projects in Station Area West (SA W) District) on Page E83, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

38. Section 38. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E37 (Mixed Use Commercial Projects in Station Area West (SA W) District) on Page E84, is hereby amended by modification of the maximum building height and façade height Page C-1.123

EXHIBIT A
labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

39. Section 39. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E13 (Development Standards for Station Area West (SA W) District) on Page E85, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

40. Section 40. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E38 (Mixed Use Residential Projects in Downtown (D) District) on Page E88, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

41. Section 41. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E39 (Mixed Use Commercial Projects in Downtown (D) District) on Page E89, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

42. Section 42. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E40 (Parking Garage Project in Downtown (D) District) on Page E90, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

43. Section 43. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E14 (Development Standards for Downtown (D) District) on Page E91, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

44. Section 44. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E42 (Mixed Use Residential Projects in Downtown Adjacent (DA) District) on Page E94, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

45. Section 45. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Figure E43 (Mixed Use Commercial Projects in Downtown Adjacent (DA) District) on Page E95, is hereby amended by modification of the maximum building height and façade height labels to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

46. Section 46. Chapter E. (Land Use and Building Character), Section E.4 (Zoning Districts), Table E15 (Development Standards for Downtown Adjacent (DA) District) on Page E96, is hereby amended to reflect the standards listed in amended Table E2 (Development Standards by Zoning Districts) on Page E15.

47. Section 47. Chapter F. (Circulation), Section F.7 (Parking), preceding the first paragraph on Page F17, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Page C-1.124

EXHIBIT A
Note: Pursuant to Assembly Bill 2097 (2022), there are no minimum parking requirements on development projects located within a half-mile radius of a major transit stop.

48. Section 48. Chapter F. (Circulation), Section F.8 (Parking Standards), preceding the first paragraph on Page F18, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

Note: Pursuant to Assembly Bill 2097 (2022), there are no minimum parking requirements on development projects located within a half-mile radius of a major transit stop.

49. Section 49. Chapter F. (Circulation), Section F.8 (Parking Standards), Table F2 (Parking Rates) on Page F19, is hereby amended to add Note 10, with superscript “10” added to the “Parking Rates” table titling (Additions in underline, deletions in strikethrough.):
10 Note: Pursuant to Assembly Bill 2097 (2022), there are no minimum parking requirements on development projects located within a half-mile radius of a major transit stop.

50. Section 50. Chapter G. (Implementation), Section G.3 (Key Actions to Implement the Specific Plan), Subsection “Maximum Allowable Development” on Page G16, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

The Specific Plan establishes the maximum allowable net new development as follows:
• Residential uses: 680 units; and
• Non-residential uses, including retail, office and hotel: 474,000 Square Feet.

The Specific Plan divides the maximum allowable development between residential and non-residential uses as shown, recognizing the particular impacts from residential development (e.g., on schools and parks) while otherwise allowing market forces to determine the final combination of development types over time.

The Planning Division shall at all times maintain a publicly available record of:
• The total amount of allowable residential units and non-residential square footage under the Specific Plan, as provided above;
• The total number of residential units and nonresidential square footage for which entitlements and building permits have been granted;
• The total number of residential units and nonresidential square footage removed due to building demolition; and
• The total allowable number of residential units and non-residential square footage remaining available.

The Planning Division shall provide the Planning Commission and City Council with yearly informational updates of this record. After the granting of entitlements or building permits for 80 percent or more of either the maximum residential units or maximum non-residential square footage, the Community Development Director will report to the City Council. The Council would then consider whether it wished to consider amending the Plan and completing the required environmental review, or the Council could choose to make no changes in the Plan. Any development proposal that would result in either more residences or more commercial development than permitted by the Specific Plan would be required to Page C-1.125

EXHIBIT A
apply for an amendment to the Specific Plan and complete the necessary environmental review.

51. Section 51. Chapter G. (Implementation), Section G.4 (Financing Methods for Public Improvements), Subsection “Private Use of Publicly-Owned Properties” on Page G25, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

The Specific Plan permits very limited private use of current parking plaza properties, specifically for the market place and residential uses, subject to availability of replacement parking (i.e., in a parking garage elsewhere) and developer interest. Revenues from such private uses, while likely not significant due to the limited scope of such uses, could be used to help fund public improvements and/or other community benefits. A portion of the market place site is currently under private ownership, so development of the market place on that portion would require negotiation with that owner and/or City acquisition of the parcel.

52. Section 52. Chapter G. (Implementation), Section G.5 (Phasing of Public Improvements), the fourth paragraph on Page G26, is hereby amended as follows (Additions in underline, deletions in strikethrough.):

The Specific Plan also recommends that the City construct one of the two potential parking garages in the short term. The city should further evaluate the parking plazas, what parking garage to construct first, considering such factors as parking space needs, available budget, other city goals and priorities, the redevelopment of surrounding properties, and community and business sentiment. Constructing a parking garage on parking plaza 3 in the short term, for instance, would increase parking in that location by 438 spaces. This would allow for additional public space improvements, plus new private development using the shared parking facilities.

In addition, following extensive community outreach and engagement, the 2023-2031 Housing Element identified the opportunity for Menlo Park to leverage the value of Cityowned land in the downtown core, providing affordable housing as well as increasing the vibrancy of downtown. There are eight surface parking lots (Parking Plazas #1-8) suitable for multifamily development. These eight parking lots are owned by the City (note: Parking Plazas #4 and #6 include some portions of privately-owned land for parking) and the subject of Housing Element Program H4.G (Prioritize Affordable Housing on City-Owned Parking Lots Downtown).

Page C-1.126
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING CHAPTER 16.08 OF TITLE 16 OF THE MENLO PARK MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.Q AND PERMIT

RESIDENTIAL USES BY-RIGHT (MINISTERIAL REVIEW) FOR LOWER

INCOME HOUSING INVENTORY SITES FROM PREVIOUS HOUSING

ELEMENT CYCLES THAT HAVE NOT REDEVELOPED, PROVIDED A

HOUSING DEVELOPMENT WOULD INCLUDE A MINIMUM OF TWENTY

PERCENT OF UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS
WHEREAS, Chapter 16.08 of Title 16 of the Menlo Park Municipal Code describes various general regulations related to the application of zoning and land use in the City of Menlo Park; and
WHEREAS, beginning in 2021, the City undertook a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, California Government Code §65583.2(c) states that neither nonvacant sites identified in a prior Housing Element nor vacant sites that have been included in two or more consecutive planning periods may be deemed adequate to meet a city’s housing need for lower income households in the current Housing Element planning period unless the site is zoned to accommodate a minimum density of 30 dwelling units per acre and the site is subject to a program in the Housing Element requiring rezoning to allow residential uses by right for housing developments in which at least 20 percent of the units are affordable to lower income households; and
WHEREAS, the City’s 2023 to 2031 Housing Element includes five parcels (Exhibit A) as opportunity sites for lower income households that were previously within the site inventory from a prior Housing Element planning period, but have not yet developed with housing; and WHEREAS, the five parcels are zoned to accommodate a minimum density of 30 dwelling units per acre; and
WHEREAS, Housing Element Policy H4.1, Housing Opportunity Sites, provides that the City will identify housing opportunity areas and sites where a special effort will be made to provide affordable housing consistent with other General Plan policies that would help the city meet its Regional Housing Needs Allocation (RHNA) for lower-income households, among other potential characteristics; and
WHEREAS, Housing Element Policy H4.8, Incentives for Affordable Housing Development, establishes that the City will explore incentives for qualified housing developments, such as expanding the ministerial review process, fee waivers or fee reductions, and/or reduced parking requirements, to help achieve housing goals while ensuring that potential impacts are considered and mitigated; and
WHEREAS, Housing Element Program H4.Q, Reuse Sites, states that the City will modify the Zoning Ordinance so that parcels in the site inventory identified as reuse sites allow for by-right processing (ministerial review) for housing developments that propose at least 20 percent of the ATTACHMENT G Page C-1.127
units to be affordable to lower-income households, in accordance with Government Code §65583.2(c); and
WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.Q; and
WHEREAS, the City Council held a study session on August 22, 2023 to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.Q; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2023 that was continued to November 6, 2023, to review and consider the proposed amendments to Chapter 16.08 of Title 16 of the Menlo Park Municipal Code and adopted Planning Commission Resolution No. 2023-__ recommending that the City Council adopt the Zoning Ordinance amendment, where all interested person had the opportunity to appear and comment.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:

Section 1. Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.

Section 2. Amendment.

Chapter 16.08 – Districts Established—General Regulations of Title 16 – Zoning of the City of Menlo Park Municipal Code is hereby amended to read as follows (additions in underline, deletions in strikethrough text):

16.08.075 Housing Element lower income site inventory reuse sites.

Residential developments shall be processed ministerially, without discretionary review or hearing, if at least twenty (20) percent of the units are affordable to extremely low, very low, and/or low income households. Reuse sites are identified by the following San Mateo County assessor’s parcel number (APN) as of the date of the adoption of the ordinance codified in this chapter: 061412440, 071102130, 061422350, 071288560, and 071333200. All regulations of the underlying zoning district and zoning ordinance shall apply. No part of this section shall be read to oppose or otherwise interfere with state housing law.

Section 3. Severability.

Section 4. Compliance with CEQA.

Page C-1.128
The City Council hereby finds that the action to adopt this Ordinance was considered within the Subsequent Environmental Impact Report (SCH #2015062054) (SEIR) for the Housing Element Update project, certified by Council Resolution No. 6808, adopted January 31, 2023. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The SEIR was certified in January 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project. (c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was certified as complete, has been submitted to the City.

Section 5. Publication; Effective Date.

INTRODUCED on the twenty-eighth day of November 2023.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of __ 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Jen Wolosin, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Page C-1.129
Exhibits
A. Map of Reuse Sites
Page C-1.130
0 0.25 0.5 0.75 1
Miles
Housing Element Site Inventory
Reuse Sites
1436 El Camino
Real 1149 El Camino
Real
Legend
Reuse Site
Other Parcels
City Limits
City Limits
1100 Alma Street
700 El Camino Real
796 Live Oak
Avenue
Page C-1.131
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING TITLE 16 OF THE MENLO PARK MUNICIPAL CODE TO ADD CHAPTER 16.95 TO IMPLEMENT HOUSING ELEMENT PROGRAM H4.T AND

ESTABLISH A RESIDENTIAL OVERLAY TO ALLOW RESIDENTIAL

DEVELOPMENT ON CERTAIN PARCELS WHERE NEW OR ADDITIONAL

RESIDENTIAL DEVELOPMENT MAY OTHERWISE NOT BE FEASIBLE
WHEREAS, Title 16 of the Menlo Park Municipal Code establishes zoning districts and provides regulations and standards related to the application of zoning and land use in the City of Menlo Park; and
WHEREAS, beginning in 2021, the City undertook a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, Housing Element Policy H4.3, Variety of Housing Choices, states that the City will strive to achieve a mix of housing types, densities, affordability levels and designs distributed throughout the city, including non-traditional and innovative housing approaches on the financing, design, and construction of different types of housing that meet local housing needs; and
WHEREAS, Housing Element Policy H4.6, Retention and Expansion of Multifamily Sites at Medium and Higher Density, seeks to protect and expand the supply and availability of multifamily and mixed use infill housing sites; and
WHEREAS, Housing Element Program H4.T, Residential Overlay, establishes that the City will develop a Residential Overlay on certain sites to allow and encourage new or additional residential development without requiring removal of the existing development and/or where the underlying zoning may otherwise not permit residential uses; and WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.T; and
WHEREAS, the City Council held a study session on August 22, 2023 to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H4.T; and
WHEREAS, the regulations and standards of the Residential Overlay identified in Exhibit A would allow and encourage new or additional residential development on certain parcels (Exhibit B), up to a certain acreage, without requiring removal of the existing development and/or where the underlying zoning may otherwise not permit residential uses, consistent with Housing Element Program H4.T; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2023 that was continued to November 6, 2023, to review and consider the proposed amendment to ATTACHMENT H Page C-1.132
add Chapter 16.95 to Title 16 of the Menlo Park Municipal Code and adopted Planning Commission Resolution No. 2023-__ recommending that the City Council adopt the Zoning Ordinance amendment, where all interested persons had the opportunity to appear and comment; and
WHEREAS, after due consideration of the proposed amendment to Title 16, public comments, the Planning Commission’s recommendation, and the staff report, the City Council finds that the proposed amendment as identified herein is consistent with the General Plan and is appropriate.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENLO PARK:

Section 1. Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Menlo Park.

Section 2. Amendment.

Chapter 16.95 – Residential Overlay is hereby added to Title 16 – Zoning of the City of Menlo Park Municipal Code to read as indicated in Exhibit A.

Section 3. Severability.

Section 4. Compliance with CEQA.

Section 5. Publication; Effective Date.

This ordinance shall become effective thirty (30) days after the date of its adoption. Within fifteen (15) days of its adoption, the ordinance shall be posted in three (3) public places within the City of Menlo Park, and the ordinance, or a summary of the ordinance, shall be published in Page C-1.133
a local newspaper used to publish official notices for the City of Menlo Park prior to the effective date.

INTRODUCED on the twenty-eighth day of November 2023.

PASSED AND ADOPTED as an ordinance of the City of Menlo Park at a regular meeting of said City Council on the __ day of __ 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Jen Wolosin, Mayor
ATTEST:
_________________________
Judi A. Herren, City Clerk
Exhibits
A. Amendments to Add Chapter 16.95 – Residential Overlay B. Map of Residential Overlay Sites
Page C-1.134

EXHIBIT A
Proposed Zoning Ordinance Text Amendments to Add Chapter 16.95 (Residential Overlay) to Title 16 of the City of Menlo Park Municipal Code Section 1. Chapter 16.95 – Residential Overlay is hereby added to Title 16 – Zoning of the City of Menlo Park Municipal Code:

Chapter 16.95

RESIDENTIAL OVERLAY

16.95.010 Purpose.

The purpose of the Residential Overlay zone is to allow and encourage new or additional residential development on certain parcels, up to a certain acreage, without requiring removal of existing development and/or where the underlying zoning may otherwise not permit residential uses.

The Residential Overlay zone can be combined with the Affordable Housing Overlay zone (Chapter 16.98).

16.95.015 Applicability.

This chapter shall apply to the following parcels identified in Table 16.95.015(A) by Assessor Parcel Number (APN), street address, and the acreage allowed for residential uses:

Table 16.95.015(A)
APN Street Address
Residential
Development
Allowed (acres)
074-283-070 2200 Sand Hill Road 2.0
062-390-700 345 Middlefield Road 5.01
062-421-070 345 Middlefield Road
074-281-120 350 Sharon Park Drive 1.01
074-281-110 350 Sharon Park Drive
074-282-070 600 Sharon Park Drive 1.01
074-282-090 600 Sharon Park Drive
1 The site includes two adjacent parcels in the same zoning district comprising one development.

The Residential Overlay is intended to complement existing uses on the parcel. Complete redevelopment may occur and take advantage of the Residential Overlay pursuant to this chapter.

16.95.020 Permitted Uses.

Permitted uses in the Residential Overlay are as follows:
(1) Multiple dwellings;
(2) Accessory buildings and/or accessory structures associated with multifamily residential development.

Page C-1.135

EXHIBIT A

16.95.030 Development regulations.

Development regulations in the Residential Overlay are as follows:
(1) For the parcels identified in Section 16.95.015, residential development is permitted on a portion of the parcel, limited to the acreage shown in Table 16.95.015(A). The residential acreage may be located anywhere on the parcel.
(2) If any of the parcels are subdivided prior to use for residential development, the residential development permitted on the resulting parcels shall be proportional to the subdivision (i.e., if a parcel allowing two (2) acres of residential development is split into two (2) parcels representing seventy-five percent (75%) and twenty-five percent (25%) of the original parcel area, the residential development potential would be split as one and one half (1 1/2 acres) and one half acre (1/2 acre), respectively). (3) If parcels 062-390-700 and 062-421-070 are redeveloped independently with two (2) separate developments, the residential development potential shall be separated with three (3) acres permitted on parcel 062-390-700 and two (2) acres permitted on parcel 062-421-070. Any other subdivision of the parcels shall result in division of the residential development potential as provided in Section 16.95.030(2). (4) Minimum Area. Residential development may be located in any location of the parcel with minimum dimensions of at least eighty (80) feet width, one hundred (100) feet depth. (5) Setbacks. Residential development shall be located at least 10 feet from all property lines and at least 20 feet from any existing buildings on the property. (6) Building Coverage. A residential building may cover up to fifty-five percent (55%) percent of the developable area identified in Table 16.95.015(A). The non-buildable area may be used for parking, circulation, open space, and/or landscaping for the residential development.
(7) Height. Height of residential structures on sites with two (2) acres or less of developable acreage in Table 16.95.015(A) shall not exceed forty (40) feet. Height of residential structures on sites with more than two (2) acres of developable acreage in Table

16.95.015(a) shall not exceed fifty (50) feet.
(8) Density. The maximum density for sites with two (2) acres or less of developable acreage in Table 16.95.015(A) is thirty (30) dwelling units per acre (du/ac). The maximum density for sites with more than two (2) acres of developable acreage in Table 16.95.015(A) is forty (40) du/ac.
(9) Floor Area Ratio. The floor area ratio for multiple dwelling units shall increase on an even gradient up to one hundred twenty percent (120%) for forty (40) du/ac. The maximum floor area ratio may be allowed when the maximum number of dwelling units is proposed. (10) Parking. One (1) space per dwelling unit minimum, one and one half (1 1/2) spaces per dwelling unit maximum.
(A) Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities, if these uses generate parking demands primarily during different hours than the remaining uses, and if a sufficient number of spaces are provided to meet the maximum cumulative parking demand of the participating uses at any time. An individual development proposal may incorporate a shared parking study to account for the mixture of uses, either on site or within a reasonable distance. Project applicants may also be allowed to meet the minimum parking requirements through the use of nearby off-site facilities. The shared parking supply and off-site parking would be subject to review and approval as part of the development review process based on the proposed uses, specific design and site conditions.

Page C-1.136

EXHIBIT A

16.95.040 Residential design standards.

Construction of any new building incorporating residential uses, residential additions of ten thousand (10,000) square feet or more of gross floor area to any existing building, and conversion of more than fifty percent (50%) of the gross floor area of an existing nonresidential building to residential uses shall adhere to the following design standards, subject to architectural control established in Section 16.68.020. For residential additions, the applicable design standards apply only to the new construction. Design standards may be modified subject to approval of a use permit or a conditional development permit per Chapter 16.82. (1) Building Setbacks and Projections within Setbacks.
(A) Building projections, such as balconies and bay windows, at or above the second floor shall not project beyond a maximum of five (5) feet into the setback area. (B) Where a property is contiguous to a single-family zoned property, no projections into the setback are permitted for balconies or decks at or above the second floor. (C) The total area of all horizontal and vertical building projections shall not exceed thirty-five percent (35%) of the building facade area, and no one projection shall exceed fifteen percent (15%) of the facade area on which the projections are located.

Where such projections enclose interior living space, eighty-five percent (85%) of the vertical surface of the projection shall be windows or glazed. (See Figure 1.) Page C-1.137

Page C-1.138

EXHIBIT A
(B) Building facades facing public rights-of-way or public open spaces shall not exceed one hundred (100) feet in length without a major building facade modulation. At a minimum of every seventy-five (75) feet of facade length, a major vertical facade modulation shall be a minimum of six (6) feet deep by twenty (20) feet wide recess or a minimum six (6) foot setback of building plane from primary building facade for the full height of the building.
(C) In addition, the major building facade modulation shall be accompanied with a four (4) foot minimum height modulation and a major change in fenestration pattern, material and/or color.
(3) Building Profile.
(A) Starting at a height of twenty-five (25) feet, a forty-five (45) degree building profile shall be set at the minimum setback line contiguous with a public right-of-way or single-family zoned property.
(C) Horizontal building and architectural projections, like balconies, bay windows, and dormer windows, that extend beyond the forty-five (45) degree building profile shall comply with the standards for building setbacks and projection in Section 16.40.040(1). (See Figure 2.)
(D) Vertical building projections like parapets and balcony railings shall not extend more than four (4) feet beyond the forty-five (45) degree building profile. (E) Rooftop elements that may need to extend beyond the forty-five (45) degree building profile due to their function, such as stair and elevator towers, shall utilize the same materials and colors as the remainder of the building. (4) Height.

Page C-1.139

EXHIBIT A
(A) Vertical building projections such as parapets and balcony railings may extend up to four (4) feet beyond the maximum building height. (B) Rooftop elements that may need to exceed the maximum building height due to their function, such as stair and elevator towers, shall not exceed fourteen (14) feet beyond the maximum building height.
(C) Towers, cupolas, spires, chimneys, and other architectural features not exceeding ten percent (10%) of the roof area may exceed the maximum building height limit by a maximum of ten (10) feet.
(5) Exterior Materials.
(A) Stucco on the exterior facade shall be limited to no more than fifty percent (50%) of the entire area of an elevation, inclusive of all windows and doors. (B) All exterior windows located in solid walls shall be inset by a minimum of two (2) inches from the face of the exterior finishes.
(C) When simulated divided light windows are included in a development, the windows shall include mullions on the exterior of the glazing and contain internal dividers (spacer bars) between the window panes.
(6) Building Design.
(A) When a building is adjacent to a public street or other public space, the building shall provide entries, access points or features oriented to the street that are visible from the public right-of-way or public space and provide visual cues to denote access into the building. For larger residential buildings with shared entries, the main entry shall be through prominent entry lobbies or central courtyards facing the street.
(B) Utilities, including meters, backflow prevention devices, etc., shall be concealed or integrated into the building design to the extent feasible, as determined by the public works director.
(C) Projects shall include dedicated, screened, and accessible space for recycling, compost, and solid waste storage and collection.
(D) Trash and storage shall be enclosed and screened from public view. (E) Materials and colors of utility, trash, and storage enclosures shall match with the primary building.
(F) Roof-mounted equipment shall meet the requirements of Section 16.08.095. (7) Open Space.
(A) A minimum of twenty-five percent (25%) of any landscaping removed for residential development shall be replaced either on the residential development parcel or elsewhere on the original parcel. The replacement landscaping may be counted toward the required common open space for a development. (B) Residential developments shall have a minimum of one hundred (100) square feet of open space per unit created as common open space or a minimum of eighty (80) square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six (6) feet by six (6) feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one (1) square foot of private open space that is not provided. (C) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:
(i) Ten (10) to fifty (50) units: minimum of one (1) space, twenty (20) feet minimum dimension (four hundred (400) sf total, minimum). (ii) Fifty-one (51) to one hundred (100) units: minimum of one (1) space, thirty (30) feet minimum dimension (nine hundred (900) sf total, minimum).

Page C-1.140

EXHIBIT A
(iii) One hundred one (101) or more units: minimum of one (1) space, forty (40) feet minimum dimension (one thousand six hundred (1,600) sf total, minimum).
(8) Access and Parking.
(A) Service access and loading docks shall be located on local or interior access streets and to the rear of buildings.
(B) Aboveground garages shall be screened (with perforated walls, vertical elements, landscaping or materials that provide visual interest at the pedestrian scale) or located behind buildings that are along public streets. (C) Surface parking lots shall be buffered from adjacent buildings by a minimum six (6) feet of paved pathway and/or landscaped area.
(D) Surface parking lots shall be screened with landscaping features such as trees, planters, and vegetation.
(E) Surface parking lots shall be planted with at least one (1) tree with a minimum size of a twenty-four (24) inch box for every eight (8) parking spaces. Required plantings may be grouped where carports with solar panels are provided. (9) Lighting.
(A) Exterior lighting fixtures shall use fixtures with low cut-off angles, appropriately positioned, to minimize glare into dwelling units and light pollution into the night sky.
(B) Lighting in parking garages shall be screened and controlled so as not to disturb surrounding properties, but shall ensure adequate public security.

16.95.050 Residential green and sustainable building.

Page C-1.141

EXHIBIT A
If a local amendment to the California Energy Code is approved by the California Energy Commission (CEC), the following provision becomes mandatory:

The project will meet one hundred percent (100%) of energy demand (electricity and natural gas) through any combination of measures listed in subsections (2)(A)(i) to (iv) of this section.

TABLE 16.95.050(1)(B): RESIDENTIAL GREEN BUILDING REQUIREMENTS

16.95.050(2)(B)
Designed to meet
LEED Gold ID+C1
or update core and
shell of entire
building to current
California Energy
Code2 and meet
Section

16.95.050(2)(B)
Electric
Vehicle (EV)
Charging
Spaces
The electric vehicle charging spaces requirements in Section 16.72.010 apply.

EXHIBIT A
building permit to be reviewed either for LEED certification, or for verification by a third party approved by the city for which the applicant will pay for review and/or certification. 2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building’s core and shell to the current California Energy Code standards and follow the city’s requirements listed in Section 16.95.050(2)(B). If the building owner chooses to upgrade the entire building’s core and shell to current California Energy Code standards and follow the city’s requirements listed in Section 16.95.050(2)(B), additions and alterations of that building will be exempt from the LEED ID+C requirement for three (3) code update cycles beginning with the upgrade cycle and ending with the two (2) cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city’s building department. If the building owner fails to complete these core and shell upgrades within one (1) year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action. 3 If over a period of five (5) years (or sixty (60) months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., ten thousand (10,000) square feet or twenty-five thousand one (25,001) square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table. (3) Water Use Efficiency and Recycled Water.
(A) Single pass cooling systems shall be prohibited in all new buildings. (B) All new buildings shall be built and maintained without the use of well water. (C) Applicants for a new building more than one hundred thousand (100,000) square feet or more of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved nonpotable applications. The water budget and calculations shall be reviewed and approved by the city’s public works director prior to certification of occupancy. Twelve (12) months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city’s public works director, shall be implemented. Twelve (12) months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city’s public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 until compliance with the water budget is achieved. (D) All new buildings shall be dual plumbed for the internal use of recycled water. (E) All new buildings two hundred fifty thousand (250,000) square feet or more in gross floor area shall use an alternate water source for all city approved nonpotable applications. An alternative water source may include, but is not limited to, treated nonpotable water such as graywater. An alternate water source assessment shall be submitted that describes the alternative water source and proposed nonpotable application. Approval of the alternate water source assessment, the alternative water source and its proposed uses shall be Page C-1.143

Page C-1.144
0 0.5 1 1.5 2
Miles
6th Cycle Housing Element Zoning Ordinance Amendment
Residential Overlay
El Camino Real
Sharon Road
Legend
Residential Overlay
Other Parcels
City Limits
City Limits
Middlefield Road
Page C-1.145
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENLO PARK AMENDING CHAPTERS 16.04 AND 16.08 OF TITLE 16 OF THE MENLO PARK MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM H2.F

AND ESTABLISH LARGE FAMILY DAY CARE HOMES AS A PERMITTED USE

IN A LEGAL DWELLING UNIT IN ANY RESIDENTIAL DISTRICT
WHEREAS, Sections 16.04.164, 16.04.165, and 16.08.085 of Title 16 of the Menlo Park Municipal Code define and regulate how child care facilities based out of private residences (“child day care homes” or “family day care homes”), are permitted in the City of Menlo Park; and
WHEREAS, a large family day care home for the care or instruction of up to 14 children is currently subject to noticing requirements and the potential for a public hearing, and requires a permit with approval from the Community Development Director; and WHEREAS, the City’s requirements for large family day care homes are not in conformance with California Health and Safety Code Section 1597.45, which requires that large family day care homes be allowed as a permitted use within any residential zoning district; and WHEREAS, beginning in 2021, the City undertook a multi-year process with extensive public outreach, community engagement, and public hearings to update the City’s General Plan Housing Element as part of the Housing Element Update project, and adopted a Housing Element on January 31, 2023; and
WHEREAS, Housing Element Policy H2.6, School District and City Service Maintenance, establishes that the City will work with school districts and child care providers to maintain quality service as demand increases; and
WHEREAS, Housing Element Program H2.F, Childcare Allowances, states that the City will update the Zoning Ordinance to allow large family day care homes by-right in all residential zoning districts in conformance with state law; and
WHEREAS, the Planning Commission held a study session on August 14, 2023, to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H2.F; and
WHEREAS, the City Council held a study session on August 22, 2023 to discuss proposed General Plan, Zoning Ordinance, zoning map, and El Camino Real/Downtown Specific Plan amendments necessary to implement the programs within the Housing Element, including Program H2.F; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2023 that was continued to November 6, 2023, to review and consider the proposed amendments to Sections 16.04.164, 16.04.165, and 16.08.085 of Title 16 of the Menlo Park Municipal Code and adopted Planning Commission Resolution No. 2023-__ recommending that the City Council adopt the Zoning Ordinance amendments, whereat all interested persons had the opportunity to appear and comment.

ATTACHMENT I Page C-1.146
Ordinance No. XXXX

Page 2 of 6 ends

Menlo Park City CouncilNovember 28, 2023

Menlo Park City Council
November 28, 2023