38 If mosquito larvae are observed, contact the San Mateo County Mosquito Abatement District. ● Inspect monthly for channels, exposure of soils, or other evidence of erosion. Clear any obstructions and remove any accumulation of sediment.
● Inspect biannually for health of plants and remove dead and diseased vegetation. ● Treat and maintain vegetation and irrigation system. Minimize use of pesticides and quick-release synthetic fertilizers.
● Inspect and replace mulch as needed before wet season.
MM Hydro 1-d: Stormwater Treatment System Operation and Maintenance Plan. A stormwater treatment system operation and maintenance plan shall be prepared by the applicant’s engineer consistent with the San Mateo County Water Pollution Prevention Program requirements that describes the type and frequency of ongoing maintenance required for proper operation of all post-construction permanent stormwater treatment measures on the Project site. As development accessed via a private road, this operation and maintenance plan shall include maintenance and cleaning of paved areas to minimize litter and debris washing into storm drains. This plan shall be submitted to and must be approved by the City of Portola Valley Public Works Department prior to first certificate of occupancy.
Q. Impact Trans-2: Additional Vehicle Crossings Across Alpine Road Trail.
The Project would increase in vehicle access points and vehicle crossings across the Alpine Road trail, which would increase the potential for conflict between vehicles and trail users and is considered a potential safety hazard.
The EIR identifies that in the Project vicinity, an unpaved pedestrian/equestrian trail runs on the west side of Alpine Road along the Project frontage, and a paved pedestrian trail exists on the east side of Alpine Road. Pedestrian/equestrian trails also exist along one side of Portola Road and the north side of Westridge Drive. It is expected that the Project would generate some pedestrian/equestrian trips, which could utilize these trails. However, the increase in trail usage is not expected to degrade the quality of these trails because of the small number of pedestrian/equestrian trips that would be generated by the Project.
The Project proposes to construct a new loop trail within its property boundaries to the south of the housing development site. The trail would be accessible to the general public and would connect to the existing pedestrian/equestrian trail that runs on the west side of Alpine Road at two locations. The Project would also improve the existing dirt trail along the frontage of the entire property. Both the new loop trail and the existing trail along Alpine Road would have a minimum six-foot width with all-weather compacted base-rock surface. The new loop trail and improvement to the existing trail would increase the capacity and quality of the Town’s trail system.
The Project would have two driveways crossing the pedestrian/equestrian trail that runs along its frontage. As discussed below, under Site Design Hazards and Emergency Access, the Project would provide adequate sight distance at the driveways with low-level landscaping to ensure a clear line of sight between exiting drivers and pedestrians/horses on the trail. The Project would install split rail fencing along the Project frontage. Split rail fencing enables pedestrians/equestrians on the trail and outbound vehicles to see each other when approaching
39 the driveway.
Based on observations at the site, the trail along the Project’s Alpine Road frontage is lightly used and the Project traffic on the Project intersections would also be low; therefore, the chance of the pedestrians/horses and the Project traffic arriving at the crossing simultaneously is expected to be small. Regardless, any increase in vehicle access points along the trail would increase the potential for conflict between pedestrians/equestrians and is considered a potential safety impact.
Implementation of Mitigation Measure MM Trans-2, set forth below, which is hereby adopted and made a condition of approval, would reduce the impact to a less-than-significant level by requiring signage to avoid potential safety hazards.
MM Trans-2: Trail Crossing Warning. The Project shall install a sign at the driveways “STOP HERE LOOK FOR TRAIL USERS STOP AGAIN AT ROAD” for outbound traffic approaching the trail to alert the exiting drivers of the presence of trail users.
R. Impact Wildfire-2: Lessened On-Site Wildfire Risk but Increased Activity and Related Ignition Risk. Overall, if the Project and proposed vegetation management activities were implemented, it would substantially lower Wildfire Risk at the Project site. However, the additional human activity creates a greater likelihood of ignition at the site if not mitigated.
The EIR identifies the Wildfire Risk as described in the Methodology section within Chapter 18, “Wildfire”, of Exhibit B and more fully detailed in the full Stanford Wedge Wildfire Behavior Assessment, included as Appendix J to this EIR (Exhibit B). Overall Wildfire Risk is represented on a scale of 1 to 10; 1 being equal to a low risk of wildfire and 10 being the highest risk of wildfire.
Wildfire Risk under existing conditions and conditions with the Project are shown in Table 18.2 and Figure 18.4 in the DEIR.
As compared to existing conditions, with the Project, there would be an overall lessening of Wildfire Risk at the site. Specifically, there would be a reduction of areas with higher Wildfire Risk ratings of 7 or more. Under existing conditions, over a third of the property experiences Wildfire Risk ratings above 7. After treatment, less than 10% of the property experiences Wildfire Risk rating above 7. In addition, the areas with lower Wildfire Risk ratings of 3 or lower has increased to 35% of the Project site from 18% under existing conditions. The resultant with-Project Wildfire Risk levels are representative of a generally well-managed wilderness area with some areas left untreated mainly due to regulatory restrictions for environmental sensitivity, such as along riparian corridors.
From a wildfire potential standpoint, the overall Wildfire Risk would be substantially reduced under Project implementation. However, untreated areas within the Project site (many due to regulatory restrictions) could remain a risk to structures within and outside the property. With Project implementation, from a fire growth standpoint, if a fire were to start within the Project area, fire spread would be much slower and the spot fire generation potential has been reduced due to treatments linked to the Project. However, Project vegetation management activities are constricted to the Project site, and untreated fuels outside of the Project site and therefore not under the control of the Project applicant would remain a threat to surrounding structures.
Additional human activity creates a greater likelihood of ignition if not mitigated, which in this case includes human activity due to the residential development as well as new trails and increased
40 use of trails. The analysis of wildland fires is by definition specific to wildland areas. Structures are not incorporated into wildfire spread model. While there are fuel models that characterize grass, or chaparral, or different types of oak forests, there is no “Structure” fuel model. Some have tried to fit different types of structures into wildland fuel models, but the attempt is too speculative for application.
While not incorporated specifically into wildland fire spread modeling, research and regulations have focused primarily on reducing the potential for structures to be impacted by or contribute to the spread of wildland fires by providing “defensible space” separation from wildland areas and “hardening” homes by reducing the ignitability of roofs, siding, decks, windows and other assemblies.
The Project sponsor has indicated the following Wildfire Reduction Measures would be incorporated into the Project:
1. The project has been designed as a clustered development. The design, maintenance, and use of defensible space for fire protection is more effective when neighborhoods are developed more densely and are built to stringent fire-resistant building codes. Such neighborhoods are more compact and easier to defend with a smaller firefighting force, and help achieve goals for climate resiliency. Denser neighborhoods often have lower amounts of flammable vegetation and more pavement, making them generally less flammable than larger homes on large lots.
2. The proposed project will be located at the base of the hills and close to Alpine Road. The proposed project is not located in uphill flow of heat and flames. (Developments located on or at the top of steep slopes can be at particular risk from wildfire because fire and heat generally flow faster uphill.)
3. The project site design proposes a loop road with two points of ingress and egress to/from Alpine Road.
4. At the request of the Woodside Fire Protection District, the project has incorporated an access point between lots 8 and 9 to allow public safety personnel to access the open space immediately behind the project.
5. Electrical utilities lines serving all residences will be installed below ground.
6. Stanford has committed to constructing “all electric” homes, and the project will not provide natural gas to the homes. Therefore, the homes will not have gas water heaters or gas valves that can potentially create a fire hazard during an earthquake.
7. The project will construct “fire-hardened” homes that meet or exceed the Town of Portola Valley’s Wildfire Preparedness Building Code.
8. Stanford contracted with wildfire professionals to prepare a Vegetation Management Plan (VMP) for both the developed and undeveloped portions of the property. Areas with high fire hazard are mitigated through modifications to the live vegetation and removal of dead fuels onsite to reduce the risks. Several treatments or prescriptions (the modification of vegetation to reduce a fire’s potential) are available in vegetation management practice.
The type of treatments to be utilized within the project parcel depend on the vegetation type, cover, and location. The VMP identified two types of vegetation cover on the project site that can exhibit extreme fire behavior, which are chaparral and oak woodland. Given the existing condition of the vegetation on-site, three treatment areas were developed in the VMP, including defensible space areas around structures and recommended maintenance activities within the oak woodland chaparral areas of the property.
9. The project has been designed to establish a defensible area around the perimeter of all homes as well as the common open space areas within the development area. This defensible area will consist of irrigated, low-fuel landscaping.
41 10. The project landscape plan has been designed with fire prevention in mind. In lieu of traditional solid wall fencing, the project is proposing the use of wood/wire “deer” fencing to secure the resident’s rear and side yards. Fences at all residential buildings in the Portola Terrace project will be constructed so that fence material within 10’ of buildings is noncombustible. Flame- resistant materials will be used as a substitute to wood mulch in common area landscaping and around all homes.
11. A wildfire buffer area, consisting of mowed and maintained natural vegetation, will surround and buffer the development area from the surrounding natural undeveloped area.
This buffer area will be owned and maintained by the project homeowner’s association.
12. In order to facilitate the maintenance of the undeveloped portions of the property, Stanford has proposed the construction of a fire access road. The road will provide vehicular access from Alpine Road up and into the center of the Wedge property to allow mechanized equipment to clear and remove vegetation from areas not presently accessible by crews required to hike into the property. This fire access road was prescribed by the Vegetation Maintenance Plan to improve the effectiveness of the measures called out in the VMP.
13. As part of the construction of the Project, Stanford will underground the existing PG&E overhead power line that runs along the Alpine Road frontage of the Stanford property.
The undergrounding of this overhead line will eliminate a potential ignition source across the length of the property along Alpine Road.
14. As part of the project, Stanford will be extending a water line approximately 1,700 feet south along Alpine Road from the Alpine Road/Westridge Drive intersection to the project site. The project will connect to both an existing 12-inch water main and an existing 6-inch water main located near the intersection of Westridge Drive and Alpine Road. Since these two water mains are fed from two separate sources of water, Stanford will create a dual connection, providing a redundant source of water to the project site and surrounding area.
The project itself will install several new fire hydrants on Stanford owned property and in the Alpine Road right-of-way, which will deliver additional fire safety for the Project and the immediate neighbors as well as providing a source of water for fire equipment in the event there is a fire event in the undeveloped portion of the site. (At present, there are no existing fire hydrants on the Project site or along Alpine Road.)
15. At the request of the Woodside Fire Protection District, Stanford is investigating the possibility of constructing a fire staging area along the Project frontage in the Alpine Road right-of-way. In case of fire incident in the vicinity, this fire staging area will allow for a variety of WFPD and/Cal Fire apparatus to stage in a safe manner. If feasible, water hydrants will be provided adjacent to this staging area.
The analysis in Appendix J concludes that with required implementation of the treatments and defensible space required by the Woodside Fire Protection District and/or proposed in Project plans and the Vegetation Management Plan, both fire hazard and risk would be substantially lowered across the Project site. In addition, the new structures at the site are proposed to recentlyupdated ignition- resistant standards. Combined with stringent vegetation treatments, this area can serve as a fuel break, buffering adjacent areas from fire spread.
Implementation of Mitigation Measures MM Wildfire-2a and Wildfire-2b, set forth below, which arehereby adopted and made a condition of approval, would reduce the impact to a less-thansignificant level by increasing the effectiveness of the Vegetation Management Plan to reduce the fire hazard at the Project site through additional treatment measures.
MM Wildfire-2a:Further Increase Effectiveness of the Vegetation Management Plan. The Project sponsor shall implement the following measures to further increase the effectiveness of the VMP, as feasible:
42 i. Consideration of less While associated with reduction of fuels in the tree canopy, thinning of the oak woodland canopy cover can promote growth of understory shrubs and small trees - ladder fuels that contribute to tree torching, and ember production if not addressed by other VMP measures. The VMP shall include discussion and incorporation of the optimal canopy cover thinning given site characteristics and other proposed VMP measures.
ii. Consult with the California Department of Fish and Wildlife to identify any allowable methods to remove over-abundant fuels in riparian forests and creekbeds and incorporate identified measures into the VMP, as feasible. iii. No mechanical equipment use on days of Red Flag Warning. iv. As feasible based on availability of equipment, utilize equipment with electric motors for VMP work when ignition potential is higher due to low moisture in vegetative fuels, generally from May 1 to November 1. Currently available electrical equipment includes chain saws, leaf blowers, weed whippers, and push mowers. Larger equipment may only be available in gas-powered versions, but should transition to electric-powered versions as those become electric.
MMWildfire-2b: Ignition Reduction. The Project sponsor shall implement the following measures to further reduce the potential for ignitions within the Residential Development Area and submit an annual report to the Town of Portola Valley and Woodside Fire Protection District verifying ongoing implementation/enforcement:
i. Annual third-party inspection and certification of defensible space in HOA- community property (areas within the development area but outside of private lots). ii. As feasible, obtain fuel management easements on adjacent properties where defensible space is not 100-feet from structures to treat fuels appropriately. iii. Installation of non-combustible fences on sides as well as rear yards. Solid, noncombustible fences could form a radiant heat barrier rather than a source of heat. iv. Installation and maintenance of ember-resistant zones 5-feet from side walls, per AB 3074. v. Prohibition of smoking in common areas.
vi. Provide robust and regular education of residents regarding ignition prevention. vii. Outdoor fireplaces and pizza ovens in private yards and in common areas are to be allowed only with the following provisions:
a. The outdoor fireplace or pizza oven is surrounded by at least 10 feet of noncombustible materials, and b. b. A water source and a fire extinguisher are both readily available within 5 feet of the outdoor fireplace or pizza oven.
viii. Prohibition of a future increase in the existing total surface area of windows on any existing external wall facing another structure within 30-feet of each other, unless new window volume has a fire-resistance rating of not less than 45 minutes when tested according to National Fire Protection Association standards.
ix. Installation of two panes of glass on all external windows, at least one of which shall be
43 tempered glass.
x. Installation of a radiant heat barrier (such as a coating of a radiant-heat reflecting material) on all external walls facing and within 30-feet of another parallel external wall. A radiant heat barrier is anything that deflects radiant heat (i.e. is highly reflective in the visible and near-infrared part of the electromagnetic spectrum) and includes but is not limited to a layer of radiant heat reflecting material or radiant heat reflecting paint/coatings or masonry (concrete, cinder block, brick).
xi. As feasible based on availability of equipment, utilize equipment with electric motors for landscaping work when ignition potential is higher due to low moisture in vegetative fuels, generally from May 1 to November 1 or during Red Flag Warnings indicating higher fire risk. Currently available electrical equipment includes chain saws, leaf blowers, weed whippers, and push mowers. Larger equipment may only be available in gas-powered versions, but should transition to electric-powered versions as those become electric.
VI. ALTERNATIVES
The Draft EIR analyzed three alternatives to the Project: the No Project Alternative, the Larger Setback (from Nearby Lots) Alternative, and the No Clustering Alternative, and compared them to the Project. The alternatives are briefly summarized below and described in Chapter 20 of the Draft EIR. As explained in Section X, below, the findings in this Section are based on the Draft EIR and the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference, and on the record as a whole.
A. No Project, Alternative A
CEQA requires consideration of a no project alternative. Consistent with State CEQA Guidelines section 15126.6(e), the No Project Alternative assumes the existing Alpine Rock Ranch horse boarding facility use (or a similar use) would remain in operation on the site. The Town currently has limited regulatory authority to require comprehensive vegetation management activities or construction of the fire road under the No Project Alternative, so this alternative also assumes no change in the site conditions related to wildfire.
Under the No Project Alternative, the Project site would remain as it is today with no substantial construction activities or changes to operations at the site. Therefore, the potential for all of the less than significant impacts and need for mitigation would be avoided. While continuance of existing conditions would not be considered an impact under CEQA, the No Project Alternative also would not develop the site for the residential uses identified for the site in the Town’s Housing Element, would not develop additional public trails, and would not reduce wildfire risk at the site through a comprehensive vegetation management plan and fire access road as proposed under the Project.
The “No Project” Alternative would have the following ability to meet Project objectives:
1. The “No Project” Alternative would not meet the objective to maximize single-family
44 housing opportunities in an area the Town has studied and identified for housing.
This alternative would not result in the construction of any residential units at the site.
2. The “No Project” Alternative would not meet the objective to reduce wildfire risk at the site, increase access for fighting wildfires, and contribute to a more fire resilient community. This alternative would not result in any additional access or management of wildfire risk.
3. The “No Project” Alternative would not meet the objective to make progress toward the Town’s fair share low-income housing needs under the Housing Element of the Town’s General Plan, enable a density bonus, and comply with the Town’s inclusionary housing ordinance. This alternative would not result in the construction of any residential units at the site.
4. The “No Project” Alternative would not meet the objective to cluster development closest to existing infrastructure on relatively flat land, in a manner that avoids development on unstable soil, preserves substantial open space, minimizes grading, and fosters a sense of community. While the existing use is clustered on the flat area near infrastructure, it does not represent new development.
The No Project Alternative would not meet any of the Project Objectives.
While the “No Project’ Alternative would not result in any substantial changes to the site or use and, therefore, is environmentally superior because it has the lowest possible impacts in every parameter, pursuant to CEQA Guidelines section 15126.6(e)(2) “[i]f the environmentally superior alternative is the ‘no project’ alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.” Please see the remainder of this Section VI, below, which identifies the environmentally superior alternative. In addition, the “No Project’ Alternative does not meet any of the Project objectives.
For the foregoing reasons, the No Project Alternative is hereby rejected.
B. Larger Setback (from Nearby Lots), Alternative B
The Larger Setback Alternative assumes that the same development as the proposed Project would occur, but shifted farther to the south to allow for increased setback from nearby lots to the north as requested by some of the nearby neighbors. Construction activities under this alternative would be increased to account for the shifting of development to a less flat area of the lot, which would require more grading. A potential layout for this alternative is included as Figure 20.1 in Exhibit B, showing the relationship to the topographical map of the site. It is assumed that under this Alternative, the fire access road, trails, and Vegetation Management Plan (VMP) would remain the same as under the Project.
Under the Larger Setback Alternative, impacts would remain substantially the same as they are under the Project. There would be a marginal increase in construction-related impacts due to the increased grading activities that would be required by shifting the development to a less flat portion of the site, including marginally increased air quality and greenhouse gas emissions, the potential for soil erosion and stormwater pollution,
45 additional tree removal, use of construction hazardous materials (like fuel and lubricants), and the need to design appropriately for the soil conditions and slope and stormwater.
This alternative was assessed in response to feedback received from neighborhood residents. The proposed Project is marginally preferable to this alternative from an environmental perspective because the Larger Setback Alternative would have the same or marginally increased environmental impacts in all respects.
The “Larger Setback” Alternative would have the following ability to meet Project objectives:
1. The “Larger Setback” Alternative would meet to the same degree the objective to maximize single-family housing opportunities in an area the Town has studied and approved for housing. This alternative would result in the same total 39 residential units, including 27 single-family homes.
2. The “Larger Setback” Alternative would meet to the same degree the objective to reduce wildfire risk at the site, increase access for fighting wildfires, and contribute to a more fire resilient community. This alternative would result in the same reduced wildfire risk and slowed wildfire spread due to vegetation management, increased access, defensible space and fire hardened homes.
3. The “Larger Setback” Alternative would meet to the same degree the objective to make progress toward the Town’s fair share low-income housing needs under the Housing Element of the Town’s General Plan, enable a density bonus, and comply with the Town’s inclusionary housing ordinance. This alternative would result in the same total 12 affordable residential units.
4. The “Larger Setback” Alternative would meet to a marginally lesser degree the objective to cluster development closest to existing infrastructure on relatively flat land, in a manner that avoids development on unstable soil, preserves substantial open space and avoids significant grading, and fosters a sense of community. This alternative would have clustered development near existing infrastructure but would be located on less flat land.
The Larger Setback Alternative would meet all of the Project Objectives to the same or only marginally lesser degree than would the proposed Project. It is anticipated that the increased grading necessary for this alternative would not result in a financially infeasible project; however, a financial feasibility assessment could be submitted to verify financial feasibility if this alternative was pursued. The “Larger Setback” Alternative and the Project would have similar impacts. However, the “Larger Setback” alternative would result in marginally greater impacts related to grading, including construction emissions and tree removals.
For the foregoing reasons, the Larger Setback Alternative is hereby rejected.
C. No Clustering, Alternative C
The No Clustering Alternative assumes the site would be developed with standard single family homes, each on their own lots rather than a clustered development, including some
46 multi-family homes and duet units. This would eliminate the need for a Planned Unit Development approval and more closely follow the adjacent lotting pattern. Without a Planned Unit Development, each lot would be at least 3.5 acres in size, which would total 21 lots that could be developed on the site. Pursuant to the Town’s Inclusionary requirements in PVMC Section 17.20.215, three of the units would be deed restricted for affordable households. Further, given the larger lot sizes and State laws promoting accessory dwelling unit (ADU) and junior accessory unit (JADU) construction, 21 detached ADUs are also assumed for this alternative, bringing the total number of units to 42.5 Construction activities would be increased to account for a greater development footprint into a less flat portion of the site and the need for longer driveways to reach the larger, separate lots.
Due to the large size of the lots, this analysis assumes that much of the site would remain in a generally natural state despite being divided into private lots. No trails or fire access road would be developed and no comprehensive vegetation management plan would be implemented.
Under the No Clustering Alternative, impacts would remain similar to those under the Project. There would be a marginal increase in construction-related impacts due to the increased grading activities for scattered development sites and longer driveways, including marginally increased air quality and greenhouse gas emissions, the potential for soil erosion and stormwater pollution, additional tree removal, use of construction hazardous materials (like fuel and lubricants), and the need to design appropriately for the soil conditions and slope and stormwater. Additionally, while the proposed Project would avoid disturbance to a known cultural resource on the non-development portion of the site, because this alternative would divide the whole site into private lots, there would be a significant potential to impact the resource and the need to formally protect it as well as marginally increased potential to discover other unknown resources due to development of a larger area of the site.
Because a larger lot development would support the addition of ADUs and JADUs, up to 42 units are assumed under this alternative, which would be three more units than under the proposed Project and would result in marginal increases in use of utilities, energy, and an increase in transportation impacts (vehicle miles traveled per capita).
The division of the site into private lots would likely preclude the implementation of a comprehensive vegetation management plan to address wildfire risk. Individual lot owners would be motivated to address wildfire risks on their own lots, but the beneficial effects may not be as successful without a coordinated and comprehensive plan. Therefore, wildfire impacts under this alternative would likely be marginally increased compared to the proposed Project.
This alternative was included to explore the difference in environmental impacts if the Project were held to all development standards for single family detached homes under the existing zoning. While the need for a Conditional Use Permit for a Planned Unit Development would not be required under this alternative, such an approval process is specifically allowed and clustering was specifically encouraged at this site in the General Plan to minimize the development of the wooded hillside. There is no associated environmental impact related to the need for a Planned Unit Development.
47 As discussed by topic below, the proposed Project is superior to this alternative from an environmental perspective because the No Clustering Alternative would have the same or marginally increased environmental impacts in all respects and potentially substantially increased impacts with respect to cultural resources.
The “No Clustering” Alternative would have the following ability to meet the Project objectives:
1. The “No Clustering” Alternative would meet to a lesser degree the objective to maximize single- family housing opportunities in an area the Town has studied and approved for housing. This alternative would result in 21 single-family homes compared to 27 single-family homes under the proposed Project.
2. The “No Clustering” Alternative would meet to a lesser degree the objective to reduce wildfire risk at the site, increase access for fighting wildfires, and contribute to a more fire resilient community. With no comprehensive vegetation management plan across a site divided into private lots, the beneficial effects of vegetation management would likely not be as successful and wildfire risk and speed of spread would be as reduced as under the proposed Project.
3. The “No Clustering” Alternative would meet to a lesser degree the objective to make progress toward the Town’s fair share low-income housing needs under the Housing Element of the Town’s General Plan, enable a density bonus, and comply with the Town’s inclusionary housing ordinance. This alternative would be required by the inclusionary housing ordinance to provide at least 3 of the single-family homes at an affordable level, compared to 12 affordable units under the proposed Project. Meeting Town requirements would not trigger a density bonus. While new State laws and the large lot size would allow for an additional ADU on each lot, there would not necessarily be restrictions on affordability for these additional ADUs.
4. The “No Clustering” Alternative would not meet the objective to cluster development closest to existing infrastructure on relatively flat land, in a manner that preserves substantial open space and steep slopes, and fosters a sense of community. The proposed Project clusters development such that 90% of the site – about 68 acres - would be preserved as open space. This alternative would not include clustering at all but would instead divide the entire site into large private lots without preserving any substantial land as open space outside of private lots.
Because the “No Clustering” Alternative would require additional construction activities to prepare spread out development sites and longer driveways, it would result in marginally greater construction impacts including the potential to significantly impact a known cultural resource at the site and is therefore not environmentally superior to the Project.
For the foregoing reasons, the No Clustering Alternative is hereby rejected.
D. Environmentally Superior Alternative
In addition to the discussion and comparison of impacts of the proposed Project and the alternatives, Section 15126.6(e)(2) of the CEQA Guidelines requires that an “environmentally superior” alternative be selected and the reasons for such a selection
48 disclosed. The environmentally superior alternative is the alternative that would be expected to generate the least amount of significant impacts. Identification of the environmentally superior alternative is an informational procedure and the alternative selected may not be the alternative that best meets the goals or needs of the Town.
Table 20.1, in Exhibit B, provides a summary comparison of the environmental impacts of the alternatives compared to the proposed Project. The table lists the level of significance of the impacts of the proposed Project to each of the environmental topics areas analyzed in the EIR and shows whether the impacts anticipated under each proposed alternative would be similar to (“s”), greater (“+”), marginally greater (“s+”), lesser (“+”), or marginally lesser (“s-”) than the proposed Project.
No significant and unavoidable impacts were identified under the proposed Project. All Project impacts are either less than significant or can be reduced to those levels through implementation of the mitigation contained in this Draft EIR. Because of the low impact of the proposed Project, differences between the proposed Project and the Alternatives relate to marginal increases or reductions in already less than significant impacts except in the case of the “No Project" Alternative, which avoids all impacts of the proposed Project, and the potential for construction-period impacts to cultural resources, which could be significantly increased under the No Clustering Alternative.
The “No Project” Alternative would not result in any substantial changes to the site or use and therefore, has the lowest possible impacts in every parameter. The “No Project” Alternative would be the environmentally superior alternative. However, the “No Project Alternative would not meet any of the Project objectives.
The CEQA Guidelines also require that “if the environmentally superior alternative is the ‘no project’ alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives” (CEQA Guidelines Section 15126.6(e)(2)).
The “No Clustering” Alternative would require additional construction activities to prepare spread out development sites and longer driveways, it would result in marginally greater construction impacts including the potential to significantly impact a known cultural resource at the site and is therefore environmentally inferior to the Project.
The Larger Setback Alternative and the Project would have similar impacts. However, the Larger Setback Alternative would result in marginally greater impacts related to grading, including construction emissions and tree removals compared to the Project.
For the foregoing reasons, the Project is the environmentally superior alternative.
VII. INCORPORATION BY REFERENCE
These findings incorporate the text of the Final Environmental Impact Report for the Portola Terrace Project by reference and in their entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, the determination of the environmentally superior alternative, and the reasons for approving the Project.
49 VIII. RECIRCULATION NOT REQUIRED
No significant new information was added to the Draft EIR or the Final EIR Volume as a result of the public comment process. The Final EIR Volume responds to comments, and clarifies, amplifies, and makes insignificant modifications to the Draft EIR. It does not identify any new significant effects on the environment or a substantial increase in the severity of an environmental impact requiring major revisions to the Draft EIR.
IX. RECORD OF PROCEEDINGS
Various documents and other materials related to the Project constitute the record of proceedings upon which the Town bases its findings and decisions contained herein. Those documents and materials are located in the offices of the custodian for the documents and materials, which is the Town of PoRtola Valley, 765 Portola Road, Portola Valley, CA, 94028.
X. SUMMARY
A. Based on the foregoing Findings and the information contained in the record, the Town has made one or more of the following Findings with respect to each of the significant effects of the Proposed Project:
1. Changes or alterations have been required in, or made a condition of approval of, the Project that avoid or substantially lessen the significant environmental effects identified in the Final EIR.
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other public agency.
3. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR that would otherwise avoid or substantially lessen the identified significant environmental effects of the Project.
B. Based on the foregoing Findings and the information contained in the record, the Town determines that:
1. All significant effects on the environment due to the approval of the Proposed Project have been eliminated or substantially lessened where feasible.
2. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations, above.
50 Exhibit D: Mitigation Monitoring and Reporting Program (MMRP)
STANFORD WEDGE HOUSING PROJECT - MMRP PAGE 1 OF 44
STANFORD WEDGE HOUSING PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing / Schedule Implementation
Responsibility
Verification
Monitoring Action Monitoring
Responsibility
Date
Completed
Air Quality
Mitigation Measure Air-1: Basic Construction
Management Practices. The Project shall
demonstrate proposed compliance with all applicable
regulations and operating procedures prior to
issuance of demolition, building or grading permits,
including implementation of the following BAAQMD
“Basic Construction Mitigation Measures”:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power
vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by
the California airborne toxics control measure Title
Prior to issuance of
grading or
construction permits
-andDuring construction
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts and are met
during construction
Portola Valley
Planning and
Building
Department
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13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained
and properly tuned in accordance with
manufacturer’s specifications. All equipment shall
be checked by a certified mechanic and
determined to be running in proper condition prior
to operation.
• A publicly visible sign shall be posted with the
telephone number and person to contact at the
Lead Agency regarding dust complaints. This
person shall respond and take corrective action
within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with
applicable regulations.
Biological Resources
Mitigation Measure Bio-1a: Survey (outside the
Residential Development Area): Special-Status Plant
Surveys. Prior to the initiation of grading for the fire access road and/or hiking/equestrian trail, or the
implementation of initial ground disturbance or
vegetation removal activities in areas outside the
Residential Development Area that has been surveyed
for special- status plants, a qualified biologist shall conduct, in areas outside the Residential
Development Area that has been surveyed, a focused
survey during the appropriate bloom season for
potentially occurring special-status plant species,
including:
Prior to grading of fire
road and/or trails,
initial vegetation
management
activities, or initial
ground disturbance
outside the
Residential
Development Area
Project Sponsor/
Applicant
Verify survey was performed
Verify buffer zones are
included in construction
contracts and Vegetation
Maintenance Plan (VMP), if
required by survey
Portola Valley
Planning and
Building
Department
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• California bottle-brush grass (Elymus californicus;
CRPR 4.3; May through August)
• Western leatherwood (Dirca occidentalis; CRPR
1B.2; January through March)
• Bent-flowered fiddleneck (Amsinckia lunaris; CRPR
1B2; March through June)
• Woodland woolly threads (Monolopia gracilens;
CRPR 1B.2; March through July)
• Santa Cruz clover (Trifolium buckwestiorum; CRPR
1B.1; April through October)
• California androsace (Androsace elongata ssp.
acuta; CRPR 4.2; March through June)
• Brewer’s calandrinia (Calandrinia breweri; CRPR
4.2; March through June)
• Oakland star-tulip (Calochortus umbellatus; CRPR
4.2; March through May)
• Bristly leptosiphon (Leptosiphon acicularis; CRPR
4.2; April through July)
• Michael’s rein orchid (Piperia michaelii; CRPR 4.2;
April through August)
Ground disturbance associated with vegetation
management activities that could potentially impact
sensitive plant species if they are present,
necessitating focused plant surveys, would include all
vegetation management activities except initial
vegetation management treatments that are
implemented prior to construction of the fire access
road (Panorama Environmental 2020b). These initial
treatments include (1) removing trees and large
shrubs through hand removal methods to avoid
ground disturbance, and minimizing dragging out
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material; (2) minimization of soil disturbance through
use of low compacting equipment (e.g., masticator or
chipper) that would reduce rutting from machine
turns and minimize soil compaction; and (3) limiting
the spread of chipped or masticated materials to 1-
inch in depth or less (Panorama Environmental
2020b). Therefore, focused surveys shall be
conducted prior to all ground disturbance associated
with vegetation management activities including and
following construction of the fire access road,
including a surrounding 50-foot buffer area on site
and to the extent access to adjacent properties may
be permitted. Surveys shall take place no more than 3
years before ground disturbance or vegetation
removal for these vegetation management activities
and should be conducted in a year with near-average
or above-average precipitation. Alternatively, these
surveys may be conducted in a year of below-average
precipitation and the surveyor should attempt, if
possible, to identify a nearby reference population
that is flowering and detectable despite the belowaverage rainfall. The purpose of the survey shall be to assess the presence or absence of the potentially
occurring species. If none of the target species are
found in the impact area or surrounding 50-foot
buffer, then no further mitigation measures shall
apply. Otherwise, Mitigation Measure Bio-1b shall be
additionally implemented.
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Mitigation Measure Bio-1b: Avoidance and
Minimization: Special-Status Plants. If any individual
special-status plants are found in the impact area or
50-foot buffer, then in consultation with a qualified
botanist or plant ecologist, the project shall be
designed to avoid direct and indirect impacts to the
species to the extent feasible. If avoidance of specialstatus plants reduces the impacts so that less than 10% for CRPR List 1B species of either individuals or
occupied area within the population would be
impacted, or less than 20% for CPRP List 4 species,
then the impact would be considered less than
significant, and no further mitigation is necessary.
Otherwise, Mitigation Measure Bio-1c shall be
additionally implemented.
Only if required by
Bio-1a above:
Prior to issuance of
grading or
construction permits
Project Sponsor/
Applicant
Verify survey was performed
Verify redesign or buffer
zones are included in
construction contracts, if
required
.
Portola Valley
Planning and
Building
Department
Mitigation Measure Bio-1c: Compensatory
Mitigation if Avoidance is Infeasible: Special-Status
Plants. If, even with project redesign to minimize
impacts, more than 10% of the population for CRPR
List 1B species or more than 20% of the population for
CRPR List 4 species would be impacted, compensatory
mitigation shall be provided via the management of
currently occupied habitat or the establishment of a
new population for the species impacted at a different
site. The mitigation habitat shall be of equal or greater habitat quality compared to the impacted areas, as
determined by a qualified plant ecologist, in terms of
soil features, extent of disturbance, vegetation
structure, and dominant species composition, and
shall contain at least as many individuals of the
species as are impacted by project activities. A Habitat Mitigation and Management Plan (HMMP) shall be
Only if required by
Bio-1b above:
Prior to issuance of
grading or
construction permits
Project Sponsor/
Applicant
Verify HMMP completion, if
required
Portola Valley
Planning and
Building
Department
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developed by a qualified plant or restoration ecologist and implemented for the mitigation lands. The HMMP
shall be approved by the Town of Portola Valley prior
to the start of ground-disturbing activities. The HMMP
shall include, at a minimum, all of the following
information:
• Summary of habitat impacts and the proposed
mitigation;
• Description of the location and boundaries of the
mitigation site and description of existing site
conditions;
• Description of measures to be undertaken to
enhance (e.g., through focused management that
may include removal of invasive species in adjacent
suitable but currently unoccupied habitat) the
mitigation site for the focal special-status species;
• Description of measures to transplant individual
plants or seeds from the impact area to the
mitigation site, if appropriate (which shall be
determined by a qualified plant or restoration
ecologist);
• Proposed management activities to maintain highquality habitat conditions for the focal species; • Description of habitat and species monitoring
measures on the mitigation site, including specific,
objective final and performance criteria,
monitoring methods, data analysis, reporting
requirements, monitoring schedule, etc. At a
minimum, performance criteria shall include
demonstration that any plant population
fluctuations over the monitoring period do not
indicate a downward trajectory in terms of
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reduction in numbers and/or occupied area for the
preserved mitigation population that can be
attributed to management (e.g., that are not the
result of local weather patterns, as determined by
monitoring of a nearby reference population, or
other factors unrelated to management); and
• Annual monitoring should be conducted for a
period of 5 years following transplantation of
individuals, if plants are transplanted, or following
the initiation of monitoring (e.g., for a mitigation
site where the species is already present) to ensure
that the population is healthy.
• Description of the management plan’s adaptive
component, including potential contingency
measures for mitigation elements that do not meet
performance criteria.
Mitigation Measure Bio-2a: Survey and Avoidance
(all Construction Activities and the Initial Vegetation Management Activities): Red-legged Frogs. Before
any construction or initial vegetation management
activities begin, the following measures shall be
completed and/or included in construction contracts
as ongoing measures:
i. Pre-activity Survey. A qualified biologist shall
conduct a preconstruction survey for the California
red-legged frog no more than 24 hours prior to
initial ground disturbing activities or use of
mechanical support for vegetation management
within 100 feet of any riparian area. If a California
red-legged frog is encountered in the work area, all
activities with the potential to result in the
Prior to issuance of
construction or
grading permits
-andPrior to initial
vegetation
management
activities
Project Sponsor/
Applicant
Verify survey was performed
Verify requirements
included in construction
contracts and Vegetation
Maintenance Plan (VMP)
Portola Valley
Planning Building
Department
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harassment, injury, or death of the individual shall
be immediately halted and shall not resume until
the individual leaves the project site of its own
accord.
ii. Worker Environmental Awareness Program. Before
any construction activities begin, Stanford shall
hire a qualified biologist to conduct a training
session for all construction personnel. At a
minimum, the training shall include descriptions of
all special-status species potentially occurring on
the project site and their habitats, the importance
of these species, the general measures that are
being implemented to conserve them as they
relate to the proposed project, and the boundaries
within which project activities may be
accomplished.
iii. Construction Timing. Because California red-legged frogs are most active at night, nighttime
earthmoving, other construction activities, or use
of mechanical support for vegetation management
shall be avoided to the extent practicable within
100 feet of any riparian area. Further, to the extent
practicable, ground-disturbing activities shall be
avoided during the wet season, from mid-October
through mid-April, when red-legged frogs are most
likely to be moving through upland areas.
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Mitigation Measure Bio-2b: Survey and Avoidance
(Initial and Ongoing Vegetation Management
Activities): Red-legged Frogs. Before any construction
or vegetation management activities (initial or
ongoing) begin, the following measures shall be
included in construction/vegetation management
contracts:
i. Vegetation Stockpiles. Because California redlegged frogs could move into areas under debris piles, where they could then be injured or killed
when the debris piles are disposed of, debris
intended for burning, mastication, or other
disturbance, should not be piled on the ground
within 100 feet of any riparian area unless the piles
would be treated on the same day that they are
created. If vegetation piles cannot be treated or
removed daily, they should be dispersed on the
site, to the extent feasible.
ii. Trash Containment during Construction and
vegetation management Activities. Because human
trash associated with construction activities and
vegetation management activities has the
potential to attract predators, all trash shall be
contained in sealed containers and disposed of on
a daily basis.
iii. Mechanical Support for Vegetation Management.
If off-road mechanical support is necessary for
ongoing vegetation management activities,
Mitigation Measure Bio-2a shall be implemented
for the off-road mechanical support activities.
Prior to issuance of
grading or
construction permits
-andPrior to initial or
ongoing vegetation
management
activities
Project Sponsor/
Applicant
Verify survey was performed
Verify requirements
included in construction
contracts and Vegetation
Maintenance Plan (VMP)
Portola Valley
Planning Building
Department
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Mitigation Measure Bio-2c: Avoidance, Operational
Prohibition of Nighttime Access to Trails: Red-Legged
Frogs. Signage shall be installed at trailheads
indicating that nighttime access to trails and all access off trails is prohibited.
Prior to operation of
trails
Project Sponsor/
Applicant
Verify improvements have
been implemented
Portola Valley
Public Works
Department
Mitigation Measure Bio-3: Survey and Avoidance (all
Construction Activities and Vegetation Management
Activities Involving Off-Road Mechanical
Equipment): Western Pond Turtles. Before any
construction or vegetation management activities
involving off-road mechanical equipment begin, a
qualified biologist shall conduct a preconstruction
survey for western pond turtles no more than 24
hours prior to initial ground disturbing activities
within 100 feet of any stream. If a western pond turtle is encountered in the work area, all activities with the potential to result in the harassment, injury, or death of the individual shall be immediately halted, and the
individual shall be captured and relocated to a safe
location outside of the work area by a qualified
biologist, after which work may proceed.
Within 24 hours prior
to ground disturbing
activities and use of
off-road mechanical
equipment within 100
feet of streams
-andDuring ground
disturbing activities or
the use of off-road
mechanical
equipment
Project Sponsor/
Applicant
Verify survey was performed
Verify relocation has
occurred, if required
Portola Valley
Planning and
Building
Department
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Mitigation Measure Bio-5a: Survey and Avoidance
(all Construction Activities and Vegetation
Management Activities Involving Off-Road
Mechanical Equipment): Dusky-footed Woodrats.
Before any construction or vegetation management
activities involving off-road mechanical support begin, the following measures shall be completed and/or
included in construction contracts:
i. Pre-activity Survey. No more than 30 days prior to
any initial ground disturbance or vegetation
removal activities, a pre-activity survey for
woodrat nests shall be conducted by a qualified
biologist within areas where ground disturbance or
vegetation removal shall be conducted and within
10 feet of the disturbance and vegetation removal
areas.
ii. Disturbance-Free Buffers. If feasible, a minimum
10-ft buffer shall be maintained between project
construction activities and each nest to avoid
disturbance. In some situations, a smaller buffer
may be allowed if in the opinion of a qualified
biologist, removing the nest would be a greater
impact than that anticipated due to project
activities. Environmentally sensitive area (ESA)
fencing shall be installed to mark the buffer area
around potentially impacted woodrat nests to
keep workers, construction equipment, and
construction materials out of the area where the
nests are located.
iii. Woodrat Relocation Plan. Due to the large number
of nests that could be impacted and infeasibility of
avoiding impact to all nests at the site, a woodrat
Less than 30 days
prior to construction
activities or
vegetation
management
activities involving
off-road mechanical
equipment
Project Sponsor/
Applicant
Verify survey was performed
Verify buffer zones are
included in construction
contracts and Vegetation
Maintenance Plan (VMP), if
required
Verify relocation has
occurred, if required
Portola Valley
Planning and
Building
Department
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relocation plan shall be prepared by a qualified
biologist prior to initial ground disturbance or
vegetation removal activities. At a minimum, the
plan shall include woodrat nest relocation
methods, relocation site habitat requirements,
appropriate relocation sequence with respect to
vegetation management activities, spacing of
nests, timing of relocations, and recommended
protective buffers around nests proposed to
remain in place. The plan shall also include a map
of all woodrat nests, and proposed relocation
areas. Relocation of nest materials shall follow the
following guidance:
If it is determined that disturbance of woodrat
nests cannot be avoided, the woodrats shall be
evicted from their nests prior to the removal of the
nests and onset of ground-disturbing activities to
avoid injury or mortality of the woodrats.
Relocation activities shall follow methods outlined
in the Woodrat Relocation Plan. A qualified
biologist shall monitor and direct all activities
associated with the removal of dusky-footed
woodrat nests (structures). Only as necessary and
to the minimum extent possible, project site
vegetation shall be removed to provide access to
the woodrat nest(s). Following the removal of
vegetation required to access woodrat nests, a
fiber-optic camera shall be used to observe inside
the nest to determine its occupancy prior to
beginning the dismantling process. If young are not
observed, the nest shall be fully dismantled and
materials shall be relocated, as described below. If
dependent young are present, the protocol for
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active nests below shall be followed to dismantle
the structure over a two-week period.
Except where dependent young are present,
woodrat structures or nests shall slowly and
progressively be dismantled during a single site
visit. Appropriate personal protective equipment
(e.g. respirator, gloves, and Tyvek suit) shall be
used while dismantling and relocating woodrat
nest material to protect against disease carried by
rodents (e.g., hantavirus). Where feasible, nesting
material or food caches shall be moved to a new
location at least 30 feet outside the disturbance
area, preferably next to a large tree or similar
structure in a riparian or oak woodland habitat, in
an area where it can be used by woodrats to
construct new nests. If no suitable structure is
present, a log pile structure may be constructed to
support the nest materials.
If young are uncovered within the nest prior to or
during the dismantling process, dismantling of the
nest shall be suspended for a period of two weeks
to allow young to develop eyesight and become
mobile. Nest materials shall be placed back on top
of the nest to re-cover the exposed young. After
the two-week period, the above removal
procedures shall be resumed. Within 24 hours of
vegetation removal and completion of nest
dismantling, an additional survey shall be
conducted to confirm no new woodrat nests were
constructed.
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Mitigation Measure Bio-5b: Avoidance, Implement
Overgrazing Management Strategy for Annual
Vegetation Management: Dusky- footed Woodrat.
To ensure that annual grazing activities do not result
in excessive disturbance of, or habitat loss around,
San Francisco dusky- footed woodrat nests, grazing
shall be performed so that goats will not graze in any
one area too long. If no off-road mechanical support
of annual vegetation management is required,
Mitigation Measure Bio-5a would not also be required
for this activity.
Prior to vegetation
management
activities involving
goat grazing
Project Sponsor/
Applicant
Verify grazing requirements
are included in Vegetation
Maintenance Plan (VMP)
Portola Valley
Planning and
Building
Department
Mitigation Measure Bio-6: Survey and Avoidance (all
Construction Activities and Vegetation Management
Activities Involving Off-Road Mechanical
Equipment): Pallid Bats. Before any structure
removal, construction, or vegetation management
activities involving off-road mechanical support, or
removal or modification of trees begin, the following
measures shall be completed and/or included in
construction contracts:
i. Potential Roost Habitat Removal September
through February, Outside Pallid Bat Maternity
Season. Prior to any tree removal outside the
March 1 – August 31 pallid bat maternity season, a
qualified biologist shall conduct a pallid bat roost
habitat assessment to determine which trees
proposed for removal are suitable for use by
roosting pallid bats. Unsuitable trees may be
removed without any additional bat-related
measures. Trees determined to be suitable roost
trees may be removed outside the maternity
season, during a two-day tree removal process, to
Prior to construction
activities
-andPrior to vegetation
management
activities
-andPrior to tree removal
or modification
Project Sponsor/
Applicant
Verify survey was performed
Verify buffer zones are
included in construction
contracts and Vegetation
Maintenance Plan (VMP), if
required
Verify eviction procedures
are followed, if required
Portola Valley
Planning and
Building
Department
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encourage day-roosting bats to leave potential
roost trees ahead of tree removal. This process
involves removing small branches and small limbs
containing no day-roost habitat (e.g., crevices) on
habitat trees on Day 1, using chainsaws only. The
following day (Day 2), the remainder of the tree is
to be removed. The disturbance caused by
chainsaw noise and vibration, combined with the
physical modification of the tree, is expected to
cause day- roosting bat species to abandon the
roost tree after nightly emergence for foraging.
Trimmed habitat trees must be removed the next
day to prevent re-occupation of trimmed trees.
If suitable roost trees are not proposed for removal
but would undergo a specific treatment (e.g.,
thinning, crown raising), disturbance shall be
scheduled to take place outside the maternity
roost season. If treatment activities cannot occur
outside the maternity season, a pre-activity
evening survey shall be conducted by a qualified
biologist to determine if the tree is occupied by a
maternity colony. If no bats are detected, work
may proceed without any additional surveys. If a
maternity colony is present, work shall be
postponed until the end of the maternity season
(August 31).
ii. Pre-activity Survey for Work within Pallid Bat
Maternity Season (March through August). Prior to
any initial ground disturbance or off-road
mechanical vegetation removal activities, or
removal or modification of trees to occur during
Pallid Bat Maternity Season, a pallid bat roost
habitat assessment shall be conducted for all trees
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and structures on and within 150 feet of the
location of the activity, during the appropriate
time of year when bats would be detectable
(March 1 – August 31). A qualified bat biologist
shall conduct the survey to look for evidence of bat
use within suitable habitat. If evidence of use is
observed, or if high-quality roost sites are present
in areas where evidence of bat use might not be
detectable (such as a tree cavity), an evening
survey and/or a nocturnal acoustic survey may be
necessary to determine if a bat colony is present
and to identify the specific location of the bat
colony.
iii. Avoidance. If an active pallid bat maternity colony or non-breeding roost is located, construction
work or vegetation activities shall be redesigned to
avoid disturbance of the roost, if feasible.
iv. Eviction and Alternative Roost Habitat. If an active pallid bat maternity colony or non-breeding bat
roost is located and construction work cannot be
redesigned to avoid removal or disturbance of the
occupied roost, the individuals shall be safely
evicted by a qualified bat biologist between August
1 and October 15 or between February 15 and
March 15, with the timing determined by a
qualified bat biologist.
If eviction is necessary, alternative roost habitat shall be provided at least 30 days prior to eviction of bats
from the roost. A qualified bat biologist shall
determine the appropriate location for the alternative
roost structure, based on the location of the original
roost and habitat conditions in the vicinity, and
oversee installation of a new roost structure. The
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structure shall be placed as close to the affected roost site as feasible, taking into account potential for
disturbance during construction on the site (e.g., the
roost might be placed elsewhere on the larger project
site). The roost structure either shall be built to
specifications determined by a qualified bat biologist
or, with approval of a qualified bat biologist as to
structure type, shall be purchased from an
appropriate vendor. Stanford University shall monitor
the roost for up to three years (or until occupancy is
determined, whichever occurs first) to determine use
by bats. If, by Year 3, pallid bats are not using the
structure, a qualified bat biologist, in consultation
with CDFW, shall identify alternative roost designs or
locations for placement of the roost, place the new
roost at the agreed-upon location, and monitor the
new roost for an additional three years (or until
occupancy has been verified).
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Mitigation Measure Bio-8a: Avoidance (all
construction and all Vegetation Management
Activities): BMPs for Work within/near Sensitive
Habitats. The following measures shall be
implemented to reduce impacts on mixed riparian
forest and streams during construction on the
Residential Development Area, during the grading of
the fire access road and hiking/equestrian trails, and
during all vegetation management activities:
i. If the CDFW and/or RWQCB determine potentially
impacted areas are under their jurisdiction, the
applicant shall acquire permits from CDFW and
RWQCB and comply with all permit conditions.
ii. Personnel shall prevent the accidental release of
chemicals, fuels, lubricants, and non-storm
drainage water into channels.
iii. Spill prevention kits shall always be in close
proximity when using hazardous materials.
iv. No equipment servicing shall be done in the
stream channel or immediate floodplain, unless
equipment stationed in these locations cannot be
readily relocated (i.e., pumps, generators).
v. Existing native vegetation shall be retained by
removing only as much vegetation as necessary to
accommodate the fire access road and trail
clearing width.
vi. If riparian vegetation is to be removed with
chainsaws, consider using saws currently available
that operate with vegetable-based bar oil.
Prior to issuance of
building or grading
permits
-andPrior to vegetation
management
activities
Project Sponsor/
Applicant
Verify determination of
CDFW and RWQCB.
Verify requirements are
included in construction
contracts and met during
construction
Verify requirements are
included in Vegetation
Maintenance Plan (VMP)
Portola Valley
Planning and
Building
Department
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vii. If goat grazing is to be used as a long-term
vegetation management tool in the future,
temporary fencing shall be erected when goats
are introduced to keep them out of riparian
habitats.
viii. Control exposed soil by stabilizing slopes (e.g., with erosion control blankets) and protecting
channels (e.g., using silt fences or straw wattles).
ix. Control sediment runoff using sandbag barriers or
straw wattles.
x. Stabilize site ingress/egress locations.
xi. Temporary disturbance or removal of aquatic and
riparian vegetation shall not exceed the minimum
necessary to complete the work.
xii. Vehicles operated within and adjacent to streams
shall be checked and maintained daily to prevent
leaks of materials that, if introduced to the water,
could be deleterious to aquatic life.
xiii. Potential contaminating materials must be stored
in covered storage areas or secondary
containment that is impervious to leaks and spills.
xiv. All disturbed soils shall be revegetated with native plants suitable for the altered soil conditions upon
completion of construction. Local watershed
native plants shall be used if available. All
disturbed areas that have been compacted shall
be de-compacted prior to planting or seeding.
Cut-and-fill slopes shall be planted with local
native or non-invasive plants suitable for the
altered soil conditions.
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Mitigation Measure Bio-8b: Compensatory
Mitigation if Avoidance is Infeasible (All Vegetation
Management Activities): Riparian Habitat. The
riparian habitat within the project site consists of a
mature overstory composed of California bay,
California buckeye, and coast live oak. Riparian
vegetation may be removed during vegetation
treatment activities. All trees removed within mixed
riparian forest habitat shall be replaced with the same species that was removed during project
implementation, which shall be planted within the
same reach where impacts occur or along streams on
other Stanford University lands. Trees shall be
replaced at a ratio of at least 1:1.
Additionally, if trees are to be removed within mixed
riparian forest habitat, a qualified biologist shall
develop a Riparian Mitigation and Monitoring Plan,
which shall contain the following components (or as
otherwise modified by regulatory agency permitting
conditions):
i. Summary of habitat impacts and proposed
mitigation ratios
ii. Goal of the restoration to achieve no net loss of
habitat functions and values
iii. Location of mitigation site(s) and description of
existing site conditions
iv. Mitigation design:
a) Soil amendments and other site preparation
elements as appropriate
b) Planting plan
c) Irrigation and maintenance plan
Prior to vegetation
management
activities
Project Sponsor/
Applicant
Verify requirements are
included in Vegetation
Maintenance Plan (VMP)
Verify compensatory
mitigation completed, if
required
Verify completion of
Riparian Mitigation and
Monitoring Plan, if required
Portola Valley
Planning and
Building
Department
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d) Remedial measures/adaptive management,
etc.
v. Monitoring and Success Criteria: the mitigation site shall be monitored by an ecologist during a 5- year
monitoring period. The interim site performance
success criterion is annual replacement of any dead
trees and shrubs during Years 1-3. The final success
criterion at Year 5 shall be defined as 60% average
cover of native trees and shrubs combined.
vi. Reporting requirements
Mitigation Measure Bio-9: Implement Invasive Weed
BMPs. The invasion and/or spread of noxious weeds
shall be avoided by the use of the following invasive
weed BMPs:
i. During construction activities in the Residential
Development Area, all seeds and straw materials
used on-site shall be weed-free rice straw (or
similar material acceptable to the Town), and all
gravel and fill material shall be certified weed-free
to the satisfaction of the Town.
ii. Prior to equipment coming onto the site for
construction or vegetation management activities,
all equipment (e.g., masticators, haul vehicles,
excavators, and other heavy equipment) shall be
washed (including wheels, undercarriages, and
bumpers). Vehicles shall be cleaned at existing
construction yards or legally operating car washes.
iii. Following construction of the residential
development and the fire access road and
hiking/equestrian trails, a standard erosion control
Prior to issuance of
building or grading
permits
-andPrior to vegetation
management
activities
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts and VMP
Portola Valley
Planning and
Building
Department
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seed mix (acceptable to the Town) from a local
source shall be planted within the temporary
impact zones on any disturbed ground that shall
not be under hardscape, landscaped, or
maintained. This will minimize the potential for the
germination of the majority of seeds from nonnative, invasive plant species.
If areas are left bare by vegetation treatments as
carried out by the Vegetation Maintenance Plan
(VMP), a standard erosion control seed mix
(acceptable to the Town) from a local source and
consisting of native species shall be planted on any
disturbed ground.
Mitigation Measure Bio-13a: Nesting Bird Avoidance,
Substrate Pre-removal, Pre-activity Surveys, and
Buffers. The applicant shall conduct or include in work contracts the following measures related to nesting
birds for construction and vegetation management
activities:
i. To the extent feasible, construction and vegetation
management activities should be scheduled to
avoid all potential bird nesting seasons (January 15
to September 15). If these activities are scheduled
to take place outside the nesting season, all
impacts on nesting birds protected under the
MBTA and California Fish and Game Code shall be
avoided.
ii. If construction of the residential development, fire access road, or trails would not be initiated until
after the start of the nesting season, all potential
nesting substrates (e.g., bushes, trees, grasses, and
Within 7 days of
construction or
vegetation
management
activities
Project Sponsor/
Applicant
Verify survey was performed
Verify buffer zones are
included in construction
contracts and Vegetation
Maintenance Plan (VMP), if
required
Portola Valley
Planning and
Building
Department
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other vegetation) that are scheduled to be
removed by these project features may be
removed prior to the start of the nesting season
(e.g., prior to January 15). This would preclude the
initiation of nests in this vegetation and prevent
the potential delay of the project construction due
to the presence of active nests in these substrates.
iii. If it is not possible to schedule construction or
vegetation management activities between
September 16 and January 14, then pre-activity
surveys for nesting birds should be conducted by a
qualified ornithologist to ensure that no nests shall
be disturbed during project implementation. These
surveys shall be conducted no more than seven (7)
days prior to the initiation of all project activities.
During this survey, the ornithologist shall inspect
all trees and other potential nesting habitats (e.g.,
shrubs, ruderal grasslands, trees, horse paddocks)
in and immediately adjacent to the impact areas
for nests.
iv. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the
ornithologist shall determine the extent of a
construction- or disturbance-free buffer zone to be
established around the nest (typically 300 feet for
raptors and 100 feet for other species), to ensure
that no nests of species protected by the MBTA
and California Fish and Game Code shall be
disturbed during Project implementation. On a
case by case basis, the ornithologist may
determine that another buffer distance is
appropriate based on the species, the height and
concealment of the nest, vegetation or topography
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intervening between the nest and project
activities, and the degree of human activity to
which the nesting birds are already exposed.
Mitigation Measure Bio-13b: Maintain Nesting
Substrate during Vegetation Management. To the
extent feasible, maintain a variety of tree, shrub, and herbaceous nesting substrates during vegetation
management activities. This would involve
maintaining (1) plant species diversity, and structural and age class diversity to accommodate a variety of
tree-nesting species, (2) islands or scattered locations of live and dead or dying trees that support nest
cavity habitat, and (3) islands or scattered locations
supporting moderately dense pockets of shrubs, and
other low-lying vegetation for shrub and groundnesting species.
Prior to vegetation
management
activities
Project Sponsor/
Applicant
Verify requirements are
included in Vegetation
Maintenance Plan (VMP)
Portola Valley
Planning and
Building
Department
Cultural Resources
Mitigation Measure Cultural-1: Residential
Development Area Archaeological Monitoring. Prior
to the issuance of a grading permit in the
development Residential Development Area and
adjacent Alpine Road , the project sponsors shall
obtain the services of a qualified archaeological
consultant (meeting the Secretary of the Interior’s
Professional Qualifications Standards for prehistoric
archaeology (NPS 1983)) to observe all project-related
ground disturbing activities.
In accordance with CEQA Guideline §15064.5 (f),
should any previously unknown prehistoric resources
Prior to issuance of
grading permits for
the Residential
Development Area
and adjacent roadway
-andDuring construction
of that area
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts and are met
during construction
Portola Valley
Planning and
Building
Department
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(including but not limited to charcoal, obsidian or
chert flakes, grinding bowls, shell fragments, bone, or pockets of dark, friable soils) and/or historic-period
resources (including but not limited to glass, metal,
ceramics, wood, privies, trash deposits or similar
debris) be discovered in the Residential Development
Area during grading, trenching, or other on-site
excavation(s), earthwork within 25 feet of these
materials shall be stopped until a qualified
professional archaeologist has an opportunity to
evaluate the potential significance of the find and
suggest appropriate mitigation(s), as determined
necessary to protect the resource.
If feasible, the location of earthwork shall be modified to protect the resource from damaging effects
through avoidance.
If avoidance is not feasible, a qualified archaeologist shall conduct data recovery in the area of potential
adverse effect in accordance with an approved
Archaeological Data Recovery Plan (ADRP)
Once the site has been properly tested, subject to
data recovery, or preserved to the satisfaction of the
professional archaeologist in compliance with CEQA
Guideline §15064.5, the site can be further
developed.
Archaeological monitoring may be reduced or halted
at the discretion of the monitor, and in consultation
with the Town, as warranted by conditions such as
encountering bedrock, ground disturbance is
occurring in fill, or negative findings during the first 60 percent of rough grading. If monitoring is reduced to
spot-checking, spot checking shall occur when
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ground-disturbance moves to a new location within
the site and when ground disturbance will extend to
depths not previously reached (unless those depths
are within bedrock).
Mitigation Measure Cultural-2: Vegetation
Management Plan Archaeological Monitoring. Prior
to the implementation of the Vegetation Maintenance
Plan (VMP), the Project sponsor shall hire a qualified
archaeologist (meeting the Secretary of the Interior’s
Professional Qualifications Standards for prehistoric
archaeology (NPS 1983)) to review all proposed
activities and determine if those activities are in or
near (within 50 feet of) P-41-000297 and the
precontact component of the Wedge Quarry/Bedrock
Mortars site. If work is proposed at or within 50 feet
of either of these sites, a qualified archaeologist will be required to accompany the VMP crew and prevent
any work from occurring within 25 feet of the site.
Prior to vegetation
management
activities
Project Sponsor/
Applicant
Verify requirements are
included in vegetation
management contracts
Portola Valley
Planning and
Building
Department
Mitigation Measure Cultural-3a: Halt Construction
Activity, Evaluate Find and Implement Mitigation. In
the event that any previously unidentified cultural
resources (historic / archaeological / paleontological / Native American) are uncovered during site
preparation, excavation or other construction activity, all such activity shall cease until these resources have been evaluated by a qualified consultant and specific
measures can be implemented to protect these
resources in accordance with sections 21083.2 and
21084.1 of the California Public Resources Code.
Prior to issuance of
building or grading
permits
-andDuring construction if
triggered
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts
Track outcome if triggered
Portola Valley
Planning and
Building
Department
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Mitigation Measure Cultural-3b: Halt Construction
Activity, Evaluate Remains and Take Appropriate
Action in Coordination with Native American
Heritage Commission. In the event that any human
remains are uncovered during site preparation,
excavation or other construction activity, all such
activity shall cease until these resources have been
evaluated by the County Coroner, and appropriate
action taken in coordination with the Native American
Heritage Commission, in accordance with section
7050.5 of the California Health and Safety Code or, if
the remains are Native American, section 5097.98 of
the California Public Resources Code.
Prior to issuance of
building or grading
permits
-andDuring construction if
triggered
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts
Track outcome if triggered
Portola Valley
Planning and
Building
Department
Geology and Soils
Mitigation Measure Geo-2a: Preparation and
Compliance with a Design-Level Geotechnical
Investigation Report prepared by a Registered Civil
or Geotechnical Engineer and with Structural Design
Plans as Prepared by a Registered Structural
Engineer. The Preliminary Geotechnical Investigation
and Geologic Hazards Assessment for the site
identified seismic design criteria for the Project
development. The structural engineering design shall
incorporate seismic design standards required by the
California Building Code/California Residential Code.
In general, the design-level report shall either
corroborate or provide alternative recommendations
to the preliminary report based upon actual soil and
rock conditions in the areas where structures are
proposed. The fire access road shall also be
investigated. As is standard required practice prior to Prior to issuance of
building or grading
permits
Project Sponsor/
Applicant
Verify completion of report
and adherence of structural
design plans to the report
Verify inclusion of
requirements in design plan
Portola Valley
Planning and
Building
Department
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issuance of building permits, a design level
geotechnical investigation shall be completed that
includes the following elements:
A) Additional subsurface investigation in areas to be
occupied by structures which shall confirm or
expand on the geotechnical recommendations
presented in the preliminary report related to
seismic ground shaking.
B) Specific measures to addressing the potential for
seismically-induced landslides, such as retaining
structures, buttress fills or other techniques to
reduce the potential for seismically induced
landslides.
C) Additional test pits within the Residential
Development Area and fire access road area to
identify areas of expansive claystone bedrock. As
applicable, measures to address expansive
claystone bedrock shall include control of
drainage measures, depth of excavations, location
of improvements relative to the claystone, the use
of deep foundations, and the use of stiffened
structural slabs and void forms beneath the slabs.
D) Measures for control of expansive clay soils, which
could include the following:
1. Placing and compacting potentially expansive
subgrade soils at high moisture contents (at
least 3 percent above optimum moisture
content in accordance with ASTM D1557) and
compaction within selected ranges of 87 to 92
percent in the upper 5 feet and 95 percent
below a depth of 5 feet.
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2. Using thickened concrete slabs with increased
steel reinforcement.
3. Replacing clayey soils underlying foundations
and concrete slabs with select structural fill
that is non-expansive or has a low expansion
index.
4. Treating site soils with lime to reduce the
expansion potential and increase the strength.
5. Utilize pier-and-grade-beam foundation
systems where appropriate;
6. Grade around structures to assure positive
drainage away from structures.
Mitigation Measure Geo-2b: Compliance with
California Building Code (CBC) and California
Residential Code (CRC). Project development shall
meet requirements of the current applicable
California Building Code and California Residential
Code Edition as determined by the Town of Portola
Valley, published by the International Conference of
Building Officials, and as modified by the
amendments, additions and deletions as adopted by
the Town of Portola Valley, California.
Prior to issuance of
building or grading
permits
Project Sponsor/
Applicant
Verify inclusion of
requirements in design plan
Portola Valley
Planning and
Building
Department
Mitigation Measure Geo-5a: Erosion Control Plan.
The Project applicant shall complete an Erosion
Control Plan to be submitted to the Town in
conjunction with the Grading Permit Application. The
Erosion Control Plan shall include winterization, dust, erosion and pollution control measures conforming to
the California Stormwater Quality Association
(CASQA) Stormwater Best Management Plan
Handbook for New Development and Redevelopment.
Prior to issuance of
grading permits
Project Sponsor/
Applicant
Verify submission of ECP and
inclusion of BMPs in
construction contracts
Portola Valley
Planning and
Building
Department
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The Erosion Control Plan shall describe the "best
management practices" (BMPs) to be used during and
after construction to control pollution resulting from
both stormwater and construction water runoff. The
Erosion Control Plan shall include locations of vehicle and equipment staging, portable restrooms,
mobilization areas, and planned access routes. The
erosion control plan will also address the fire access
road area.
Recommended soil stabilization techniques include
placement of straw wattles, silt fences, berms, and
gravel construction entrance areas or other control to
prevent tracking sediment onto city streets and into
storm drains.
Mitigation Measure Geo-5b: Storm Water Pollution
Prevention Plan (SWPPP). In accordance with the
Clean Water Act and the requirements of the State
Water Resources Control Board (SWRCB), the
Applicant shall file a SWPPP prior to the start of
construction. The SWPPP shall be prepared by a
Qualified Plan Developer (QSD) and shall include
specific best management practices to reduce soil
erosion and protect ground water quality. This is
required to obtain coverage under the General Permit
for Discharges of Storm Water Associated with
Construction Activities.
During construction, the SWPPP measures shall be
reviewed by a Qualified Individual (QSP) certified to
monitor that the stormwater protection measures are
adequately implemented. Reporting will be
Prior to issuance of
grading permits
-andDuring construction
Project Sponsor/
Applicant
Verify filing of SWPPP
Verify review and
monitoring activities during
construction
Portola Valley
Planning and
Building
Department
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performed in accordance with General Permit
requirements.
Hydrology and Water Quality
Mitigation Measure Hydro-1a: Erosion and Sediment
Control Plan. Prior to issuance of grading permits or
approval of improvement plans, the Applicant shall
submit a detailed Erosion and Sediment Control Plan
(ESCP) to the County of San Mateo Planning and
Building Department and the Director of Public Works
of Portola Valley for review and approval. The
purpose of the ESCP shall be to mitigate erosion and
sedimentation impacts during the construction period
for the proposed residential development, trails, and
the new fire access road. The detailed ESCP shall meet
the requirements of both San Mateo County and the
Town of Portola Valley. It shall be accompanied by a
written narrative and shall include, at a minimum, the
following:
a. Proposed schedule of grading activities,
monitoring, and infrastructure milestones in
chronological format. An anticipated construction
schedule and/or construction duration (in weeks
or months) shall be provided.
b. Separate plan sheets for measures to be
implemented at the grading stage and the
construction stage.
c. Delineation of work areas including protection of
surface waters, storm drain inlets, sensitive areas,
and buffer zones.
Prior to issuance of
building or grading
permits
-andDuring construction
Project Sponsor/
Applicant
Verify ESCP completion
Verify requirements are
included in construction
contracts and are met
during construction
Portola Valley
Public Works
Department
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d. A separate Tree Protection Plan.
e. All proposed retaining walls, including areas that
will be used for stockpiling and storing
construction materials.
f. Indicate location and method of stabilizing
disturbed bare earth areas. Use seeding and/or
mulching and the following, as necessary: (i) For
slopes less than 3:1, provide silt fencing or fiber
rolls along contour lines; (ii) For slopes greater
than 3:1, anchored erosion blankets (rice, straw,
or coconut) and fiber rolls or silt fencing at the
crest are required. Jute netting is preferred when
used with seeding.
g. Use diversion berms to divert water from unstable
or denuded areas (e.g., top and base of a
disturbed slope, grade breaks where slopes
transition to a steeper slope).
h. Direct water from construction areas to
designated temporary filtration/detention areas.
Show any temporary detention areas for
stormwater and stabilization of those areas.
i. Show location of office trailer(s), storage sheds,
temporary power pole, scaffold footprint, and
other temporary installations on the ESCP. Show
how they will be accessed and show protection of
the access routes.
j. Show location of utility trenches, indicate utility
types, and identify timing of installation.
k. Use stabilized designated access points for
entrance onto the property using 4- to 6-inch
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fractured aggregate over geo-textile fabric over
the first 20 feet of the property. If using an
existing paved driveway, identify on ESCP. Where
vehicles or equipment will travel from an existing
paved driveway to unpaved areas within the
property, a stabilized transition point is required
that meets the above standards.
l. Provide designated area(s) for parking of
construction vehicles, using aggregate over geotextile fabrics required that meets the above standards.
m. Show all access roads/ramps and access points
used by excavation equipment, trucks, or
forklifts/crane access. The type of materials used
for stabilization and their locations shall be
indicated on the ESCP. Materials for this purpose
are required to be stored on-site.
n. Show location, installation, and maintenance of a
concrete/stucco mixer, washout, and pits. No
concrete, mortar, or stucco washout is allowed to
be placed directly on the soil/ground. Specify the
method used to contain the washout.
o. Show location of portable toilets away from
surface water locations and storm drain inlets.
p. Show storage location and containment of
construction materials during work, as well as
afterhours/ weekends. Show the location of
lumber, gravel, and materials storage areas on the
ESCP. Show how they will be accessed and show
protection of the access routes.
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q. Show areas and proposed protection of temporary
stockpiles using anchored-down plastic sheeting in
dry weather. (Dry weather is defined as a time
interval during which less than 0.1 inch of rain is
observed across a minimum of 72 hours.) The use
of plastic sheeting during the wet season, October
1 through April 30, is not allowed, unless the
stockpile is also protected with fiber rolls
containing the base of the stockpile. Alternatively,
in wet weather, or for longer storage, use seeding
and mulching, soil blankets or mats.
r. Indicate the location of refuse piles and debris box locations on the ESCP. Show how they will be
accessed and show protection of the access
routes.
s. Identify an Erosion Control Point of Contact,
including name, title/qualification, email, and
phone number. The Erosion Control Point of
Contact will be the County’s main point of contact
if Erosion and Sediment Control or Tree Protection
corrections are required.
The ESCP shall also contain the following standard
elements:
t. Perform clearing and earth-moving activities only
during dry weather. Measures to ensure adequate
erosion and sediment control shall be installed
prior to earth-moving activities and construction.
u. Measures to ensure adequate erosion and
sediment control are required year-round.
Stabilize all denuded areas and maintain erosion
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control measures continuously between October 1
and April 30.
v. Use sediment controls or filtration to remove
sediment when dewatering site and obtain
Regional Water Quality Control Board (RWQCB)
permit(s) as necessary.
w. Avoid cleaning, fueling, or maintaining vehicles
on-site, except in a designated area where wash
water is contained and treated.
x. Limit and time applications of pesticides and
fertilizers to prevent polluted runoff.
y. Limit construction access routes to stabilized,
designated access points.
z. Avoid tracking dirt or other materials off-site;
clean off-site paved areas and sidewalks using dry
sweeping methods.
aa. Train and provide instruction to all employees and
subcontractors regarding the Watershed
Protection Maintenance Standards and
Construction BMPs.
ab. List the locations where placement of erosion
materials is required on weekends and during rain
events.
ac. The areas delineated on the plans for parking,
grubbing, storage, etc., shall not be enlarged or
“run over.”
ad. Construction sites are required to have erosion
control materials on-site during the “off-season.”
ae. Dust control is required year-round.
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af. Erosion control materials shall be stored on-site.
ag. Use of plastic sheeting between October 1 and
April 30 is not acceptable, unless for use on
stockpiles where the stockpile is also protected
with fiber rolls containing the base of the
stockpile.
ah. Tree protection shall be in place before any
demolition, grading, excavating or grubbing is
started.
Mitigation Measure Hydro-1b: Stormwater Pollution
Prevention Program. Prior to issuance of grading
permits or approval of improvement plans, the
Applicant shall also submit evidence to the Town
Engineer of Portola Valley showing that coverage
under the Statewide General Construction Activities
Stormwater Permit (General Permit) has been
obtained. The Applicant shall comply with the NPDES
General Construction Activities Storm Water Permit
Requirements established by the CWA. The Applicant
can obtain coverage under the General Permit by filing
a Notice of Intent (NOI) with the State Water Resource
Control Board’s (SWRCB) Division of Water Quality.
The filing shall describe erosion control and storm
water treatment measures to be implemented during
and following construction and provide a schedule for
monitoring performance.
These BMPs shall serve to control point and non-point
source pollutants in stormwater and constitute the
Project’s SWPPP for construction activities. Long-term
BMPs shall serve to control post-construction erosion
and sedimentation. While the SWPPP will include
Prior to issuance of
grading permits or
approval of
improvement plans
Project Sponsor/
Applicant
Verification of Construction
General Permit from the
State Water Resources
Control Board
Verify inclusion of BMPs in
construction contracts
Portola Valley
Planning and
Building
Department
(Town Engineer)
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several of the same components as the ESCP, the
SWPPP shall also include BMPs for preventing the
discharge of other nonpoint source pollutants besides
sediment (such as paint, concrete, etc.) to
downstream waters.
Mitigation Measure Hydro-1c: Final Drainage Plan.
Prior to the issuance of the Building permit or
Planning permit (for Provision C3 Regulated Projects),
the Applicant shall submit to the Planning and
Building Department for review and approval a
Drainage Plan including the following:
1. A drainage analysis of the proposed Project
(including the Residential Development Area, trails,
and fire access road) prepared, by a registered civil
engineer. The drainage analysis shall consist of a
written narrative and a plan. The plan shall include
the following:
a. A written analysis that includes the delineation
of all drainage basins to which stormwater from
the Project site would flow, description of
proposed drainage system, discussion of
rationale used to design the system, a
discussion of methods and/or calculations,
description of how excess drainage will be
detained, and a description of how discharge
will be controlled.
b. Complete plans of storm drainage contours and
elevations, storm drain facilities and lines,
utility crossings, and construction materials.
c. The flow of the stormwater onto, over, and off
of the property shall be detailed on the plan
Prior to issuance of
building or planning
permit
Project Sponsor/
Applicant
Verification of submission
and approval of Drainage
Plan
Verification of submission
and approval of Operation
and Maintenance
Agreement
Portola Valley
Planning and
Building
Department
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and shall include adjacent lands as appropriate
to clearly depict the pattern of flow.
d. A hydraulic analysis demonstrating that the
post-development discharge will be controlled
and peak flow and velocity will not exceed predevelopment values, and that all storm drainage facilities have sufficient capacity to
carry anticipated peak flows. This analysis shall
consider all facilities including the fire access
road grading and its drainage system. The
condition of the southern culvert underneath
Alpine Road shall be assessed and replacement
or repairs shall be completed as necessary. The
analysis shall detail all measures necessary to
certify adequate drainage. Post development
flows and velocities shall not exceed those that
existed in the pre-developed state.
e. Recommended measures shall be designed and
included in the improvement plans and
submitted to the Planning and Building
Department for review and approval.
2. In addition, once reviewed and approved by the
Town, the Applicant shall record documents which
address future maintenance responsibilities of any
private drainage and/or roadway facilities which
may be constructed. The Applicant or Homeowners
Association must be responsible for proper
maintenance of drainage structures, the
bioretention swale, and equipment on the Project
area. The Applicant must submit an Operation and
Maintenance Agreement for review and approval.
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At a minimum, the Operation and Maintenance
Agreement must include the following:
• The contact information for the property
owner(s) or responsible party;
• Identification of the number, type and location
of all stormwater treatment measures on site;
• A list of specific, routine maintenance tasks and
the intervals that they will be conducted; and
• An inspection checklist specific to the
measures, which indicates the items that will be
reviewed during regular maintenance
inspections.
For bioretention areas, the following inspections
must be required:
• Inspect monthly for obstructions and trash.
• Inspect monthly for ponded water. If ponded
water does not drain in 5 days, take the
appropriate action.
If mosquito larvae are observed, contact the San
Mateo County Mosquito Abatement District.
• Inspect monthly for channels, exposure of soils,
or other evidence of erosion. Clear any
obstructions and remove any accumulation of
sediment.
• Inspect biannually for health of plants and
remove dead and diseased vegetation.
• Treat and maintain vegetation and irrigation
system. Minimize use of pesticides and quickrelease synthetic fertilizers.
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• Inspect and replace mulch as needed before
wet season.
Mitigation Measure Hydro-1d: Stormwater
Treatment System Operation and Maintenance Plan.
A stormwater treatment system operation and
maintenance plan shall be prepared by the applicant’s
engineer consistent with the San Mateo County Water
Pollution Prevention Program requirements that
describes the type and frequency of ongoing
maintenance required for proper operation of all
post-construction permanent stormwater treatment
measures on the Project site. As a development that is
accessed via a private road, this operation and
maintenance plan shall include maintenance and
cleaning of paved areas to minimize litter and debris
washing into storm drains. This plan shall be
submitted to and must be approved by the City of
Portola Valley Public Works Department prior to first
certificate of occupancy.
Prior to issuance of
certificate of
occupancy permits for
residences
Project Sponsor/
Applicant
Verify submission and
approval of plan
Portola Valley
Public Works
Department
Transportation
Mitigation Measure Trans-2: Trail Crossing Warning.
The Project shall install a sign at the driveways “STOP HERE LOOK FOR TRAIL USERS STOP AGAIN AT ROAD”
for outbound traffic approaching the trail to alert the exiting drivers of the presence of trail users.
Prior to issuance of
certificate of
occupancy permits for
residences
Project Sponsor/
Applicant
Verify improvements have
been implemented
Portola Valley
Public Works
Department
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Wildfire
Mitigation Measure Wildfire-2a: Further Increase
Effectiveness of the Vegetation Management Plan.
The Project sponsor shall implement the following
measures to further increase the effectiveness of the
Vegetation Maintenance Plan (VMP), as feasible:
i. While associated with reduction of fuels in the tree canopy, thinning of the oak woodland canopy cover
can promote growth of understory shrubs and
small trees - ladder fuels that contribute to tree
torching, and ember production if not addressed by
other VMP measures. The VMP shall include
discussion and incorporation of the optimal canopy
cover thinning given site characteristics and other
proposed VMP measures.
ii. Consult with the California Department of Fish and
Wildlife to identify any allowable methods to
remove over-abundant fuels in riparian forests and
creekbeds and incorporate identified measures into
the VMP, as feasible.
iii. No mechanical equipment use on days of Red Flag
Warning.
iv. As feasible based on availability of equipment,
utilize equipment with electric motors for VMP
work when ignition potential is higher due to low
moisture in vegetative fuels, generally from May 1
to November 1. Currently available electrical
equipment includes chain saws, leaf blowers, weed
whippers, and push mowers. Larger equipment
may only be available in gas-powered versions, but
Prior to vegetation
management
activities
Project Sponsor/
Applicant
Verify CDFW was consulted
Verify requirements are
included in VMP
Portola Valley
Planning and
Building
Department
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should transition to electric-powered versions as
those become electric.
Mitigation Measure Wildfire-2b: Ignition Reduction.
The Project sponsor shall implement the following
measures to further reduce the potential for ignitions
within the Residential Development Area and submit
an annual report to the Town of Portola Valley and
Woodside Fire Protection District verifying ongoing
implementation/enforcement:
i. Annual third-party inspection and certification of
defensible space in community property (areas
within the development area but outside of private
lots).
ii. As feasible, obtain fuel management easements on
adjacent properties where defensible space is not
100-feet from structures to treat fuels
appropriately.
iii. Installation of non-combustible fences on sides as well as rear yards. Solid, non-combustible fences
could form a radiant heat barrier rather than a
source of heat.
iv. Installation and maintenance of ember-resistant
zones 5-feet from side walls, per AB 3074.
v. Prohibition of smoking in common areas.
vi. Provide robust and regular education of residents
regarding ignition prevention.
vii. Outdoor fireplaces and pizza ovens in private yards and in common areas are to be allowed only with
the following provisions:
Prior to issuance of
building or grading
permits
-andPrior to issuance of
certificate of
occupancy permits for
residences
-andAnnually
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts and are met
during construction
Verify proposed
enforcement documentation
(likely to be through deeds
and/or HOA)
Verify annual
inspection/certifiation
Portola Valley
Planning and
Building
Department
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a. The outdoor fireplace or pizza oven is
surrounded by at least 10 feet of noncombustible materials, and b. A water source and a fire extinguisher are both
readily available within 5 feet of the outdoor
fireplace or pizza oven.
viii. Prohibition of a future increase in the existing total surface area of windows on any existing external
wall facing another structure within 30-feet of each
other, unless new window volume has a fireresistance rating of not less than 45 minutes when tested according to National Fire Protection
Association standards.
ix. Installation of two panes of glass on all external
windows, at least one of which shall be tempered
glass.
x. Installation of a radiant heat barrier (such as a
coating of a radiant-heat reflecting material) on all
external walls facing and within 30-feet of another
parallel external wall. A radiant heat barrier is
anything that deflects radiant heat (i.e. is highly
reflective in the visible and near-infrared part of
the electromagnetic spectrum) and includes but is
not limited to a layer of radiant heat reflecting
material or radiant heat reflecting paint/coatings or
masonry (concrete, cinder block, brick).
xi. As feasible based on availability of equipment,
utilize equipment with electric motors for
landscaping work when ignition potential is higher
due to low moisture in vegetative fuels, generally
from May 1 to November 1 or during Red Flag
Warnings indicating higher fire risk. Currently
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available electrical equipment includes chain saws,
leaf blowers, weed whippers, and push mowers.
Larger equipment may only be available in gaspowered versions, but should transition to electricpowered versions as those become electric.
1 RESOLUTION NO. 2024-___
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY APPROVING A
CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF PLANNED UNIT DEVELOPMENT,
VESTING TENTATIVE MAP, ARCHITECTURAL REVIEW, SITE DEVELOPMENT PERMIT, STATE
DENSITY BONUS, AFFORDABLE HOUSING PLAN AND AFFORDABLE HOUSING AGREEMENT
FOR FOR THE PORTOLA TERRACE RESIDENTIAL DEVELOPMENT PROJECT WHEREAS, on September 19, 2019, staff received an application to the Town of Portola Valley proposing the Portola Terrace Residential Development project (commonly referred to as the “Portola Wedge”) for a new single-family and multi-family residential development consisting of a total of 39 units and other associated site improvements ("Project") requesting approval of a Conditional Use Permit for establishment of a Planned Unit Development (PUD), a Vesting Tentative Map to subdivide the parcel, Architectural Review for construction of thirty (30) new residential lots and thirty-nine (39) new residential units, and a Site Development Permit for tree removal and grading on an approximately
75.2 acre site at 3530 Alpine Road, Assessor Parcel Number: 077-281-020; and WHEREAS, the Town’s Conservation Committee has reviewed the project and provided a series of recommendations at their August 5, 2020 meeting; and WHEREAS, the Town’s Trail Committee has reviewed the project and provided a series of recommendations at their December 12, 2020 meeting;
WHEREAS, the Subdivision Committee conducted public meetings on October 8, 2019 and October 17, 2024 on the Project, has reviewed the project and provided a series of recommendations; and
WHEREAS, the Architectural Site Control Commission (ASCC) conducted a duly noticed public hearing on the Project at its November 4, 2024 meeting, has reviewed the project and provided a series of recommendations; and
WHEREAS, the proposed project is subject to the provisions of the California Environmental Quality Act (CEQA) and an Environmental Impact Report (EIR) has been prepared for the project; WHEREAS, the Planning Commission held a duly noticed public hearing on November 18, 2024 and heard and considered reports and recommendations from the Town’s Conservation Committee, Trails and Path Committee, Subdivision Committee, ASCC, Town staff, the applicant and public input and evaluations of the application and considered the record as a whole.
WHEREAS, the Planning Commission and after receiving such reports and recommendations, and public comments, offered comments, reactions, and direction to assist the applicant in making any adjustments or clarifications that the Commission concluded were needed before considering a final recommendation to the City Council on the application; and WHEREAS, on November 18, 2024 the Planning Commission adopted Resolution 2024-04,
2 Recommending Town Council certification of the EIR by a vote of 2-1 (2 recused); and WHEREAS, on November 18, 2024 the Planning Commission adopted Resolution 2024-05, Recommending Town Council approval of the Conditional Use Permit to establish a Planned Unit Development, Vesting Tentative Map, Architectural Review and a Site Development Permit by a vote of 3-0 (2 recused); and
NOW, THEREFORE, be it RESOLVED that the Town Council having fully reviewed,considered, and evaluated all of the testimony and evidence submitted in this matter, hereby:
1. Approves the Conditional Use Permit to establish a Planned Unit Development to allow for the clustered development of the single-family homes, reduced lot size, reduced setbacks between houses, and increased heights on some buildings, that do no meet the otherwise standard development regulations of the Residential Estate (R-E) district, but can be approved through the establishment of a PUD in accordance with the findings of Portola Valley Municipal Code (PVMC) Chapters 18.72 and 18.44 as enumerated in the December 5, 2024 Town Council staff report..
2. Approves the Vesting Tentative Map (VTM) to subdivide the 75.2 acres into 30 residential lots, two common area lots, and a remainder open space parcel in accordance with the findings of PVMC Chapter 17.20 as enumerated in the December 5, 2024 Town Council staff report..
3. Approves the Architectural Review Permit to allow construction of each new building proposed, landscaping, lighting, parking, fencing/retaining walls, and green building components and the Site Development Permit to allow for grading volumes totaling 26,335 cubic yards and for the removal of 177 trees, of them 123 are significant and 54 are non-significant trees in accordance with the findings of PVMC Chapters 18.64 and
15.12 as enumerated in the December 5,, 2024 Town Council staff report..
4. Finds that the Project meets the requirements of the State Density Bonus Law pursuant to the findings set forth in Exhibit A of this Resolution and accordingly grants the following requests under such law:
a. Grants the density bonus of 9 additional units;
b. Grants the requested two incentives/concessions:
i. Reduction of the minimum parcel sizes from 20,000 square feet ii. Elimination of the General Plan clustering provisions described in Land Use Principle 2105(4.1)
c. Grants the requested three waivers from:
i. Municipal Code section 18.44.050(C) requiring specified spacing between main buildings in a residential planned unit development. ii. Municipal Code section 18.48.010 establishing maximum floor area requirements.
iii. Municipal Code section 18.17.070, requiring similarity between marketrate and affordable units in density bonus projects, to the extent this provision could be read to apply to the proposed project. d. Approves the parking ratios of zero to one bedroom, one onsite parking space; two to three bedrooms, two onsite parking spaces; and four or more bedrooms, two and one-half parking spaces.
5. Approves the Below Market Rate (BMR) Housing Plan and Affordable Housing
3 Agreement to construct 12 BMR rental housing units, with 6 units to be dedicated to low-income households and 6 units to be dedicated to moderate income households in accordance with the findings of PVMC Chapter 18.17 and compliant with the 2023 adopted Housing Element as enumerated in the December 5, 2024 Town Council staff report and adopts the BMR Housing Plan and Affordable Housing Agreement, attached hereto as Exhibit C and incorporated by reference.
6. Adopts the required Findings for the Proposed Project and associated approvals listed in Item #1-5, attached hereto as Exhibit A and incorporated herein by reference.
7. Adopts and makes conditions of approval for the Proposed Project that are within the responsibility and jurisdiction of the Town attached hereto as Exhibit B and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Portola Valley on December 5, 2024.
AYES, COUNCIL MEMBERS: ___________________________
NOES, COUNCIL MEMBERS :_____________________________________________________ ABSENT, COUNCIL MEMBERS:_______________________________________ By:
Mayor, Town of Portola Valley
Attest: ____________________________________________________ Christine Boland, Interim Town Clerk
Exhibit A: Findings
Exhibit B: Conditions of Approval
Exhibit C: Affordable Housing Agreement and BMR Housing Plan
4 EXHIBIT A
Findings
I. CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT
CUP Findings
1. The proposed use or facility is properly located in relation to the community as a whole and to land uses and transportation and services facilities in the vicinity.
Basis of finding: The subject property has street frontage along Alpine Road, which is designated an arterial road per the Circulation Element of the Town's General Plan (page 5, Circulation Element), providing direct access to other community uses, transportation and service facilities in the project vicinity. The project site has General Plan land use designation of ConservationResidential; a residential land use designation that includes relatively accessible undeveloped lands with some potential geologic instabilities, which are to be developed using a slope-intensity standard. No changes to the existing General Plan land use designation are proposed. Additionally, the project can be found consistent with purpose and intent for establishment of a PUD per Title 18, allowing diversification in use. See Attachment 17 “Identified General Plan Goals, Policies, and Objectives” for a summary.
2. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as may be required by this title or in the opinion of the commission be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area and will insure the privacy and rural outlook of neighboring residences.
Basis of finding: It is found that the site is adequate in size and shape to accommodate the proposed residential land uses and their associated physical improvements, as well as private and public open spaces. No physical site conditions have been identified that would preclude residential development and the prepared EIR concludes that any potential physical impacts to the environment can be lessened to a level of less than significant through incorporation of identified mitigation measures. The lot configurations have been reviewed by the Town Engineer and Fire Marshall and determined to have sufficient access to a public street. The Town Geologist has reviewed the proposed development plan and determined the site is suitable for such residential development from a geologic perspective. The Project will be subject to standard Conditions of
5 Approval and those specific conditions of approval as recommended by all Town development department directors. Mitigation measures and conditions of approval would ensure that future development on the lots would occur in compliance with applicable policies of the general plan and zoning ordinance.
The residential lots maintain a minimum 38 foot 10 inch foot setback from the nearest shared property line of abutting residential uses and a 75 foot setback from the Alpine Scenic Corridor. The project site is surrounded by other residential uses. The Residential Development Area is fairly level, has sufficient access and is of suitable size and shape for the residential development with associated site and landscape improvements proposed. Per State Density Bonus Law (SDBL) the total amount of parking required for the project is 65 spaces, while a total of 90 spaces are provided.
Vehicle parking for residents and guests would be on-site and parking on the internal road will be prohibited, and enforced by the HOA to ensure that access and circulation for emergency response vehicles and other large vehicles is not obstructed. The EIR concludes that the parking demand for the proposed project is expected to be accommodated within the site and the Project would not significantly generate demand for parking on Alpine Road.
3. The site for the proposed use will be served by streets and highways of adequate width and pavement type to carry the quantity and kind of traffic generated by the proposed use.
Basis of finding: Alpine Road is considered an arterial road per the Circulation Element of the General Plan. Arterial roads are designed to accommodate heavy volumes of traffic and have adequate capacity. The EIR concludes no substantial changes to existing local street traffic volumes. The on-site circulation plan of the new private, two-way internal street, two proposed roadway intersections at Alpine Road, private garages and surface parking spaces are determined to meet the minimum widths and design standards of the PVMC and Fire Code.
4. The proposed use will not adversely affect the abutting property or the permitted use thereof.
Basis of finding: See responses to Item#1 regarding consistency with existing General Plan land use designation and to Item #2 above regarding setbacks of buildings from adjacent properties and the Alpine Scenic Corridor. The prepared EIR concludes that any potential physical impacts to the environment can be lessened to a level of less than significant through incorporation of identified mitigation measures. The Project will be subject to standard Conditions of Approval and those specific conditions of approval as recommended by all Town development department directors to preclude adverse effects on abutting properties.
6 5. The site for the proposed use is demonstrated to be reasonably safe from or can be made reasonably safe from hazards of storm water runoff, soil erosion, earth movement, earthquake and other geologic hazards.
Basis of finding: The Town Geologist has reviewed the proposed development plan and determined the site is suitable for such residential development from a geologic perspective upon implementation of conditions as noted, including such things as requiring design level geotechnical investigations and compliance with applicable building codes. The prepared EIR concludes that less than significant impacts related to surface fault rupture, seismic ground failure, seismic induced landslides, erosion, stormwater runoff, can be lessened to a level of less than significant through incorporation of identified mitigation measures. No public health problems were identified. The Woodside Fire Protection District has reviewed the plans and determined the site is suitable for such residential development from a fire hazard/risk standpoint upon implementation of conditions as noted. The District has also issued a series of recommended conditions of approval to ensure all applicable Fire related codes are met. All proposed new buildings will be constructed to the California Fire Code including regulations regarding fire-resistance-rated construction, and fire protection systems such as alarm and sprinkler systems. The Project proposes two access points (one net new driveway) along Alpine Road to access the development area. The proposed layout also provides access within the Residential Development Area for both fire safety and trash collection, as well as construction of a new fire maintenance access road for the Open Space Area to allow for fire safety and maintenance. A Vegetation Management Plan (VMP) has been prepared for both the developed and undeveloped portions of the property to address existing fire hazards across the entire project site that modeled fire behavior to define mitigations/treatments to reduce the hazards. Residences that do not back generally toward Alpine Road would include a proposed 25-foot fuel management area in their back yards consisting of irrigated, low-fuel landscaping that homeowners would be required to privately maintain. The EIR further concludes that the Project represents an overall reduction in the fire hazard or risk at the Project site and also notes mitigation measures to further increase the effectiveness of the VMP. However, because of the increased development and human activity at the site, the potential for ignition of a new fire at the site would be increased, requiring Mitigation Measure Wildfire 2a which requires a series of additional measures to increase the effectiveness of the Vegetation Management Plan (VMP) and Mitigation Measure Wildfire 2b which includes a series of specific measures to further reduce the potential for ignitions within the Residential Development Area. Further, development of the property to allow for residential and open space uses would be subject to the Town’s development regulations and standards conditions to avoid damage from storm water runoff, soil erosion, earth movement, earthquakes and other geologic hazards.
7 The buildings as proposed would comply with Wildland Urban Interface (WUI) materials and construction methods for exterior wildfire exposure and all would be equipped with an automatic sprinkler system. A defensible space area within 5’ of the building would be noncombustible. A 4” vertical noncombustible separation zone on the building would be maintained between the siding and the ground plane (or other built horizontal surfaces). In addition, a Zone 1 wildfire protection area, consisting of irrigated, low-fuel landscaping would be established around the perimeter of the buildings and common open space areas within the development area. A Zone 2 defensible space would be established, where grasses are kept mowed, dead plant material is removed, and space is kept between shrubs, larger trees, and other combustible materials, would be maintained within 200’ of buildings. Further out, shaded fuel breaks may be used to reduce the fuel load in the surrounding area. The Zone 1 and Zone 2 areas would be owned and maintained by the project homeowner’s association. A Vegetation Management Plan (VMP) has been prepared to address existing fire hazards across the parcel through fire behavior modeling and to define mitigations to reduce the hazards identified during modeling. An emergency fire access point is proposed to be located approximately in the middle of the development between structures for future maintenance and emergency vehicle access/egress and defense.
6. The proposed use will be in harmony with the general purpose and intent of this title and the general plan.
Basis of finding: It is found that the proposed use can be found consistent with the general plan, Alpine Scenic Corridor plan and Title 18 of the PVMC. See Attachment 18 “Identified General Plan Goals, Policies, and Objectives” for a summary. The Alpine Scenic Corridor Plan says, “The basic goal of this plan is the conservation and enhancement of the beauty of landscape and the rich variety of plants and wildlife of the scenic corridor so as to maintain this band of pleasant open country for the enjoyment of all. A further goal is to carry local traffic and to provide recreational opportunities while preserving to the maximum extent possible the natural setting with improvements limited to trails, paths and features designed to protect and enhance the natural character and the public safety”. The project site has General Plan land use designation of Conservation-Residential; a residential land use designation that includes relatively accessible undeveloped lands with some potential geologic instabilities, which are to be developed using a slope-intensity standard. No changes to the existing General Plan land use designation are proposed. Additionally, the project can be found consistent with purpose and intent for establishment of a PUD per Title 18, allowing diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while insuring substantial compliance with the provisions of this title, as well achieving a higher quality of development through better adjustment to terrain and greater
8 preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites. The proposal would create lots consistent with the requirements of the Town’s Zoning Regulations and would facilitate a clustered development consistent with the vision established in the Housing Element and General Plan, as well as long-term preservation of on-site open space, and would prohibit further subdivision of the property. The project would provide market-rate and affordable housing on an identified Housing site that has been vacant from any residential use since its original creation. Therefore, the project would be consistent with the policies of the General Plan, Alpine Scenic Corridor Plan and Title 18 of the PVMC.
Conditions of approval would ensure that future development on the lots would occur in compliance with applicable policies of the general plan and zoning ordinance. To ensure conformance with General Plan policy 2103.15, a Fiscal Impact Analysis was prepared to evaluate the proposed project’s fiscal net benefit (if any), total Town general fund costs/expenditures (if any), and general fund fiscal balance (if any) potential utilizing industry standard approaches and methodologies. In summary, the prepared FIA concludes that the because the property tax contribution to the General Fund from this proposed project is relatively minor, the net fiscal impacts of the proposed project over the course of the next 23 years (estimated in 2027, 2037, and 2047) result in slight positive fiscal impact to the Town’s General Fund (see Attachment 17, FIA).
7. When this title or the town general plan specifies that a proposed use shall serve primarily the town and its spheres of influence, the approving authority must find that it is reasonable to conclude, based on the evidence before it, that the proposed use will meet a need in the town and that a majority of the clientele of the proposed use will come from the town and its spheres of influence within the near future, normally no more than two years. In general, in making such finding, the approving authority shall, in addition to other information, explicitly take into consideration all similar uses in the town and its spheres of influence.
Basis of Finding: This finding does not apply to this project because it is not specified in the Zoning Code or Town General Plan to serve primarily the Town and its spheres of influence. In any event, the market rate housing is targeted to serve Stanford faculty, some of whom may or may not be residents of the Town, but anticipated to be a population from the local area given the location of other Stanford facilities in the broader local area. The twelve (12) Below Market Rate Housing units are intended to be occupied to individuals who live or work in the community. See response regarding the project site as an identified Housing site and FIA in Item #6 above. See Attachment 18 “Identified General Plan Goals, Policies, and Objectives” for a summary.
PUD Requirements
9 General Requirements:
A. The parcel on which the development is to be located shall be in one ownership and include an area of at least ten acres or be bounded on all sides by streets, public open spaces, boundary lines of less restricted zoning districts, or other conditions which the planning commission finds makes the parcel more desirable to develop as a single unit.
Basis of finding: Stanford University has been the sole owner of the 75.2 acre parcel since 1899. The proposal is for subdividing this 75.2 acre parcel into 30 residential lots to accommodate 39 residential units, two common area lots, and a remainder open space parcel. The site is designated in the general plan for residential use. Residential lot sizes are proposed in the range of 2,981 to 5,217 square feet; this is smaller than the 20,000 square feet as would be permitted by the PUD zoning but would be permitted for consideration pursuant to a State Density Bonus Law incentive/concession (see detailed discussion above). The entire project parcel is also identified within the Town’s Housing Element as a pending project and a site noted within the “Adequate Sites Inventory Map”, as well as identified as part of the Town’s Affiliated Housing Program developed 1990. For this site, the Housing Element further notes that development would need to be clustered along Alpine Road given the physical site constraints. The site is generally bounded by properties containing single family residential homes along Westridge Drive and Minoca Road. Thus, the site is a proper location for residential uses as proposed.
B. The proposed development shall be designed to produce an environment of stable and desirable character in harmony with the character of the surrounding area.
Basis of finding. See response to Item A above regarding an identified housing site. The 2-story residential buildings maintain heights as regulated by PVMC, The architectural style of the singlefamily homes and the multifamily buildings could be characterized as traditional in form and modern in execution that are found to be consistent and compatible in use, design, color and materials as the character of existing buildings in the surrounding area.
C. The arrangement of buildings on the site shall be such as to provide standards of light, air, and privacy at least equivalent to the standards required under this title for lots developed individually. The spacing between main buildings shall be at least equivalent to the spacing which would be required between buildings similarly developed under the terms of this title on separate parcels, due consideration being given to building height and to the openness normally afforded by intervening streets. In R-1 districts this requirement for space between buildings may be waived if the planning commission finds that reduction or elimination of
10 space between main buildings will result in significant advantages in preserving natural features and adaptation to terrain, and provide standards of light, air and privacy at least equivalent to those otherwise prevailing in the district.
Basis of finding: The application proposes cluster development closest to existing infrastructure on relatively flat land, in a manner that avoids development of unstable ground, preserves substantial open space and steep slopes, minimizes grading, and fosters a sense of community. Per Section
18.44.050(C) of the PVMC, the project would be required to provide spacing between main buildings of at least 120 feet where buildings face each other across a street and of at least 50 feet where buildings are located side-to-side or where the rear of one building faces another building’s side.
However, through allowable application of State Density Bonus Law, spacing proposed between the clustered buildings ranges from 9’ to 104’ (see exhibits related to building spacing with Attachment 5e) while 6 of the homes would be configured as 3 duets (connected buildings with no spacing in between). As part of the allowable incentives through application of the State Density Bonus Law, the applicant is requesting the elimination of the General Plan clustering provisions described in Land Use Principle 2105(4.1) which states: “When residences are grouped or clustered in areas where intensity standards require one acre or more per dwelling unit: (a) Each residence should have a substantial direct frontage on a common open space of sufficient size to convey a feeling of being on the edge of a large and significant open space (b) Clusters should generally consist of a small number of detached residences, and each cluster should be well-separated from adjacent clusters rather than interconnected in a linear form.” Facilitation of this proposed clustered development is consistent with the vision established in the Housing Element and General Plan, as well as long-term preservation of on-site open space, and would prohibit further subdivision of the property. Reducing minimum parcel sizes will help ensure that the developed area remains subservient to the natural landscape and will enable preserving most of the property as undeveloped land and will result in cost reductions that provide for the Project to include affordable housing. Such a configuration enables the project to avoid developing up a steep hill on the site. Reduced lot sizes through application of the SDBL, requires spacing between buildings to be closer to each other then otherwise required by the PVMC.
Proposed lighting fixtures are designed to provide targeted lighting at focused locations without substantial spillover into adjacent areas or into the sky and the proposed architectural finishes are consistent with rural residential development and do not include substantial glass or other reflective materials that could be a source of substantial glare. The proposed lighting would follow the Town’s Municipal Code relative to outdoor lighting by providing dark sky compliant light fixtures and their equivalent throughout the developed area. The EIR concludes that the project would not result in substantial light or glare that would adversely affect daytime or nighttime views in the area. The situation of the lots/homesites on the site, combined with existing and proposed vegetation, creates
11 a distance and buffer between any adjoining properties, thus maintaining privacy between existing, surrounding development. The EIR does not identify any operational air quality issues as a result of the project. Any air quality related impacts are limited during construction activities and have identified mitigation to reduce such impacts to a level of insignificance.
D. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed. Vehicular entrances and exits shall be carefully located and designed to minimize traffic hazards. The unit development plan shall provide for safe, convenient internal circulation, pedestrian and vehicular.
Basis of finding: As noted above, a private loop road that connects at both ends to Alpine Road with entrance and exit points at the northern and southern ends of the development is proposed for residents and guests. Resident and guest parking is proposed to be located on-site. A small emergency access roadway between two homes to provide access to the wildfire fuel management areas to the rear of the proposed homes. As part of the EIR a transportation analysis was performed using industry standards for analysis and in consideration of relevant safety standards. The EIR concludes all transportation and/or circulation impacts associated with the project are less than significant or become less than significant with identified mitigation (See Attachment 1). The project would improve pedestrian and equestrian facilities at the site and while it would add some use of bicycle, pedestrian, transit, and roadway facilities, it would not conflict with applicable plans and policies of the Town. The project would increase vehicle access points and vehicle crossings across the Alpine Road trail, which would increase the potential for conflict between vehicles and trail users and could be considered a potential safety hazard so safety signage would be required to be installed.
The project would add trips to the circulation system, but would have an average Vehicle Miles Traveled below the Town’s and below applicable significance thresholds thus would have a less than significant transportation impact. No operational issues related to vehicle queueing and/or vehicle delay are expected to occur on Alpine Road at the driveways. The Project’s site access and circulation were evaluated in accordance with generally accepted traffic engineering standards and its design would meet all applicable Town and safety standards related to circulation and emergency access.
The proposed roadway intersections on Alpine Road measure 20 feet in width, which meets the Town’s maximum of 20 feet for roadways entering a road. The two roadway intersections would be approximately 550 feet apart. The Project would provide adequate sight distance at the Project intersections with low-level landscaping to ensure that exiting drivers would be able to see any pedestrians on the trail along the Project frontage as well as oncoming vehicles. The proposed plan provides some pedestrian paths within the common open area space and play area, but there are no sidewalks along the internal road or pedestrian paths leading to the common area. However, due to
12 the low traffic volume and speed within the internal neighborhood, it is presumed that bicyclists would be able to safely utilize the internal road.
E. A common area which is intended to serve a planned unit development shall be held as one parcel in which the owner of each parcel served by the common area in the planned unit development shall have an undivided interest. An appropriate open space or conservation easement covering the common area and suitable to the town shall be dedicated to the town.
Guarantees suitable to the town shall be made to assure the continued maintenance of such common areas. All residential open space preserves shown on the town general plan shall be designated as common areas at the time of development and shall be treated as required by this chapter.
Basis of finding: The project would include common open space areas, including a picnic and play to be used for recreational purposes. These open space areas include areas that front Alpine Road, creating a visual buffer between the road and the project. A homeowner’s association would be used to maintain common areas. Aside from the approximately 6 acres of the project site that would be developed, the remainder of the site would be protected as permanent open space, which includes public recreation trails, and would be precluded from any future development by an appropriate legal instrument.
F. A planned unit development in a P-C district shall conform with the approved general development plan and general development schedule for the P-C district in which it is located.
Basis of finding: The project site is located in Residential Estate (R-E) zoning district not a P-C zoning district. Establishment of a PUD is purposed and intended to allow for a diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while insuring substantial compliance with the provisions of this title, as well achieving a higher quality of development through better adjustment to terrain and greater preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites.
G. A planned unit development in any district other than a P-C district shall conform with all requirements of this title for such district except as otherwise specifically permitted by this chapter. Planned unit developments in districts other than P-C districts shall in addition to other requirements comply with the following:
1. Yards not less in dimension than required in the combining district in which situated shall be provided along the parcel lines bounding each planned unit development.
13 Basis of finding: The entire project site is proposed as a PUD.Residences on the north and east sides of the new loop road (those that don’t back generally toward Alpine Road) would include a 25-foot fuel management area in their back yards consisting of irrigated, low-fuel landscaping that homeowners would be required to privately maintain. Establishment of a PUD is purposed and intended to allow for a diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while insuring substantial compliance with the provisions of this title, as well achieving a higher quality of development through better adjustment to terrain and greater preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites.
Residential planned unit development requirements:
A. A residential planned unit development is a development planned and executed as a unit and consisting of single-family dwellings, together with related uses serving only the individual planned unit development.
Basis of finding: See basis of findings for the CUP and PUD above. The proposed residential development is a clustered development, containing both single family and multi-family residential units (including some Below Market Rate housing units) and is identified within the Town’s Housing Element as a pending project and a site noted within the “Adequate Sites Inventory Map”, as well as identified as part of the Town’s Affiliated Housing Program developed 1990 intended to allow multifamily housing on “institutional” sites for employees and staff affiliated with the institution that owns the parcel, to live and work in Town. For this site, the Housing Element further notes that development would need to be clustered along Alpine Road given the physical site constraints.
B. The development may include a community stable and shall include the provision for park and recreation areas adequate to meet the needs of the anticipated population of the development, and such open areas, wooded conservation areas and residential open space preserves as may be specified in the general plan, or in the approved general development plan and general development schedule for any P-C district.
Basis of finding: The project would include common open space areas, including a picnic and play to be used for recreational purposes for the residents. Public recreation trails for community use are proposed outside the residential development area, in the parcel’s remaining open space area to be preserved and precluded from further development. The site is not located in a P-C zoning district.
The EIR identifies that the project would increase the number of residents at the site and therefore demand for public services and recreational opportunities. However, the project would be served
14 with existing facilities and those proposed as a part of the project and the impact related to public services and recreation would be considered less than significant.
C. A planned unit development which involves a division of land into two or more parcels shall comply with the ordinances of the town regulating the division of land.
Basis of finding: The proposal includes a Vesting Tentative Map (VTM) to subdivide the 75.2 acres into 30 residential lots, two common area lots, and a remainder open space parcel. The Subdivision Committee has reviewed the proposed VTM and provided recommendations (see Attachment 11b).
The VTM has been reviewed and conditionally approved by the Town Engineer. The VTM, and ultimately Final Map shall be consistent with the Town’s Subdivision Ordinance.
D. Buildings and other structures shall be located on the site in accordance with the approved planned unit development plan and thereafter such plan shall govern.
Basis of finding: The proposal includes establishment of a PUD to consider the location of the buildings and all other physical site improvements in a clustered development in accordance with the site plan layout as proposed in Attachment 5b. Any changes to the site location would not be permitted. Establishment of a PUD is purposed and intended to allow for a diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while insuring substantial compliance with the provisions of this title, as well achieving a higher quality of development through better adjustment to terrain and greater preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites.
E. The area of any individual building site shall not be less than permitted by subsection B of Section 18.50.050.
Basis of finding: Lot sizes would be in the range of approximately 3,300 to 8,100 square feet for the single family and BMR lots. These lot sizes are smaller than the otherwise minimum 20,000 square feet per zoning but would be permitted pursuant to a State Density Bonus Law (SDBL) incentive/concession. See discussion above and Attachment 16, Town Attorney memo on SDBL.
F. Parking spaces shall be provided consistent with Section 18.60.110 in a garage or carport and adequate parking space for visitors shall be provided in reasonable proximity to each dwelling unit.
15 Basis of finding: Parking for all housing units is proposed in the amounts as required by the State Density Bonus Law (SDBL) and is to be accommodated through a combination of one-car garages and uncovered parking spaces primarily located on each lot. The Project would provide parking in 60 garage/driveway spaces, 24 standard onsite spaces, and 5 accessible onsite spaces, for a total of 89 vehicle parking spaces. Specifically SDBL allows a parking ratio, inclusive of handicapped and guest parking, as follows: zero to one bedroom, one onsite parking space; two to three bedrooms, two onsite parking spaces; and four or more bedrooms, two and one-half parking spaces. Consistent with State Law, the applicant is proposing to utilize these parking ratios. The EIR (Attachment 3a), concludes the parking demand for the project is expected to be accommodated within the site and the project would not significantly generate demand for parking on Alpine Road.
G. The maximum amount of impervious surface on parcels in a planned unit development may be established for the planned unit development.
Basis of finding: The total amount of impervious surface proposed is 131,230 square feet or (4% of total site area). The proposal includes establishment of a PUD to which includes a maximum amount of impervious surface per final plans approved. Any increases to the amount of impervious surface proposed would not be permitted.
H. Affordable Housing. On lots to be developed for housing pursuant to Section 17.20.215, up to four attached or detached affordable dwelling units may be allowed on a parcel, provided, that the combined floor area of these units does not exceed that which would otherwise be permitted were the parcel developed for a single-family residence.
Basis of finding: The applicant is proposing to provide the twelve (12) Below Market Rate (BMR) multifamily units. Of those, the applicant would set aside six units (or 20 percent of the total units) for lowincome households and the remaining six (6) units for moderate income households in accordance with State Density Bonus Law (SDBL) which allows for increased residential density over the otherwise allowable maximum, as well as incentives and waivers in exchange for the provision of affordable units.See Attachment 16, “Town Attorney Memo on State Density Bonus, dated January 21, 2021” for further detail on the application of the percentage of additional density entitled for the project relative to the proposal of deeper income affordability offered. The floor area of the single family homes vary between 2,236 – 2,348 square feet. Similarly, through application of SDBL a waiver of the PVMC standard establishing maximum floor area requirements is requested. PVMC Municipal Code section 18.48.010 establishes a formula that enables calculation of maximum floor area requirements where minimum parcel areas are between 7,500 and 326,700 square feet. However, the formula in the Municipal Code does not account for minimum parcel areas beneath 7,500 square feet, likely because the Town’s development standards do not provide for smaller parcels. However,
16 for this project, the requested incentive/concession through application of SBDL is to reduce minimum parcel sizes that would allow for parcels of such smaller sizes. Accordingly, Section 18.48.010 does not allow for a determination of maximum floor area for any of the project’s proposed parcels given their smaller size, therefore, this development standard is not an applicable, objective standard.
Regardless, Stanford requests a waiver of PVMC Section 18.48.010 for all parcels to ensure the provision cannot be read to apply to the project. For the proposed 3 bedroom units, the floor area percentage to lot area is between 43-61%, 65-78% of a floor area percentage for the 3 bedroom duets, 52-60% floor area percentage for the 4 bedroom units, and 48-53% floor area percentage for the BMR units. Establishment of a PUD is purposed and intended to allow for a diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while ensuring substantial compliance with the provisions of this title, as well achieving a higher quality of development through better adjustment to terrain and greater preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites.
I. Multifamily Affordable Housing. A residential planned unit development may be developed to provide multifamily affordable housing consistent with Section 2482 of the Housing Element of the General Plan.
Basis of finding: The applicant is not proceeding under this section of the Housing Element. In any event, the proposal includes 12 Below Market Rate (BMR) affordable multifamily housing rental units in three, two-story buildings with four units in each. Of those 12 BMR units, the applicant would set aside six units (or 20 percent of the total units) for low-income households and the remaining six (6) units for moderate income households. The rents would be set according to State requirements for affordability and the applicant will be required to enter into an Affordable Housing Agreement with the Town for the BMR units. See Attachment 18 “Identified General Plan Goals, Policies, and Objectives” for a summary, which includes Housing Element policies
J. Housing in C-C and A-P Districts. In C-C and A-P districts on those parcels identified in either the Nathhorst Triangle Area Plan or the Village Square Area Plan as suitable for housing, detached or attached single-family homes may be permitted. The PUD shall establish the number of dwelling units, floor area, impervious surface, parking, height and setback limits which are compatible with adjoining and nearby existing and permitted uses. The distances between main buildings as provided for in Section 18.44.050 may be modified in the same way as that section permits modifications in R-1 districts. Such permit may also establish limits on occupancy of such dwellings. A PUD for this purpose may be combined with a commercial or administrative-professional PUD.
17 Basis of finding: n/a project site is not located within any of these identified zoning districts.
K. The figure of eighty-five percent, which limits the size of a single building on a parcel, as found on line 7 of Table 1A, may be modified as a part of a planned unit development.
Basis of finding; See response to floor area limits and applicable application of SDBL in Item #H above.
II. VESTING TENTATIVE MAP
1. That the proposed map is not consistent with the general plan, any specific plans, and Title 18 of this code;
Basis of finding: It is found that the proposed map can be found consistent with the general plan, Alpine Scenic Corridor plan and Title 18 of the PVMC. See Attachment 11, “Identified General Plan Goals, Policies, and Objectives” for a summary. The Alpine Scenic Corridor Plan says, “The basic goal of this plan is the conservation and enhancement of the beauty of landscape and the rich variety of plants and wildlife of the scenic corridor so as to maintain this band of pleasant open country for the enjoyment of all. A further goal is to carry local traffic and to provide recreational opportunities while preserving to the maximum extent possible the natural setting with improvements limited to trails, paths and features designed to protect and enhance the natural character and the public safety”. The project site has General Plan land use designation of Conservation-Residential; a residential land use designation that includes relatively accessible undeveloped lands with some potential geologic instabilities, which are to be developed using a slope-intensity standard. No changes to the existing General Plan land use designation are proposed. Additionally, the project can be found consistent with purpose and intent for establishment of a PUD Zoning District per Title 18, allowing diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while insuring substantial compliance with the provisions of this title, as well achieving a higher quality of development through better adjustment to terrain and greater preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites. The Vesting Tentative Map would create lots consistent with the requirements of the Town’s Subdivision and Zoning Regulations and would facilitate a clustered development consistent with the vision established in the Housing Element and General Plan, as well as long-term preservation of on-site open space, and would prohibit further subdivision of the property. The project would provide market-rate and affordable housing on an identified Housing site that has been vacant from any residential use since its original creation.
Therefore, the project would be consistent with the policies of the General Plan, Alpine Scenic Corridor Plan and Title 18 of the PVMC.
2. That the design or improvement of any proposed subdivision is not consistent with the general plan, any specific plans, and Title 18 of this code; Basis of finding: It is found that the proposed design and improvements associated with the subdivision can be found consistent with the general plan, Alpine Scenic Corridor plan and Title 18 of the PVMC. See Attachment 11, “Identified General Plan Goals, Policies, and Objectives” for a summary and basis for finding in Item 1. above. The proposed design and associated
18 improvements of the lots have been reviewed by the Town Engineer, Town Geologist and Town Planner for consistency with City regulations. Conditions of approval would ensure that future development on the lots would occur in compliance with applicable policies of the general plan and zoning ordinance. To ensure conformance with General Plan policy 2103.15, a Fiscal Impact Analysis was prepared to evaluate the proposed project’s fiscal net benefit (if any), total Town general fund costs/expenditures (if any), and general fund fiscal balance (if any) potential utilizing industry standard approaches and methodologies. In summary, the prepared FIA concludes that the because the property tax contribution to the General Fund from this proposed project is relatively minor, the net fiscal impacts of the proposed project over the course of the next 23 years (estimated in 2027, 2037, and 2047) result in slight positive fiscal impact to the Town’s General Fund (see Attachment 10, FIA).
3. That the site is not physically suitable for the type of development; Basis of finding: It is found that the site is physically suitable for the type of development proposed, as no physical site conditions have been identified that would preclude residential development.
The prepared EIR concludes that any potential physical impacts to the environment can be lessened to a level of less than significant through incorporation of identified mitigation measures. The Residential Development Area is fairly level, has sufficient access and is of suitable size and shape for the residential development with associated site and landscape improvements. The lot configurations have been reviewed by the Town Engineer and Fire Marshall and determined to have sufficient access to a public street. The Town Geologist has reviewed the proposed development plan and determined the site is suitable for such residential development from a geologic perspective. The Project will be subject to standard Conditions of Approval and those specific conditions of approval as recommended by all Town development department directors. Further an EIR has been prepared and determined any identified potential physical impacts to the environment can be reduced to a level of insignificance through implementation of mitigation measures.
Mitigation measures and conditions of approval would ensure that future development on the lots would occur in compliance with applicable policies of the general plan and zoning ordinance.
4. That the site is not physically suitable for the proposed density of development; Basis of finding: It is found that the site is physically suitable for the proposed density of development. No physical site conditions have been identified that would preclude the development of 39 residential units. See also basis of finding for Item 3. above.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
Basis of finding: The prepared EIR concludes that any potential physical impacts to the environment can be lessened to a level of less than significant through incorporation of identified mitigation measures. Further, development of the subdivision would be subject to the Town’s development regulations and standards conditions to avoid damage to the environment or wildlife.
6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
Basis of finding: It is found that the proposed design of the subdivision and type of improvements are not likely to cause serious public health problems. The prepared EIR concludes that any potential physical impacts to the environment can be lessened to a level of less than significant
19 through incorporation of identified mitigation measures. No public health problems were identified.
The Project proposes two access points (one net new driveway) along Alpine Road to access the development area. The proposed layout also provides access within the Residential Development Area for both fire safety and trash collection, as well as construction of a new fire maintenance access road for the Open Space Area to allow for fire safety and maintenance.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the planning commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This paragraph shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.
Basis of finding: It is found that the proposed design of the subdivision and type of improvements will not conflict with easements. Any existing easements will be modified with the recordation of the Map and revised CC&Rs to ensure no conflicts.
III. ARCHITECTURAL REVIEW AND SITE DEVELOPMENT
1. The structure is designed so as to minimize disturbance to the natural terrain.
The subject property is significantly sloped to the rear and proposed site improvements are built on the relatively flat portion of the lot (where the existing horse boarding facility is generally located), out of the on-site riparian zones, Alpine Scenic Corridor, and denser vegetated areas.
Aside from the approximately 6 acres of the project site that would be developed with the residences, the remainder of the site would be protected from development by an appropriate legal instrument. The amount of grading, and cut and fill, has been designed so that the grading of the site would “balance”, meaning that dirt brought onto or hauled off the site during grading activities would be minimized, as well as construction emissions and dust. The applicant’s state the proposed grading/land disturbance attempts to work with the natural contours of the land with the goal of minimizing disruption to the existing landscape which helps maintain natural drainage patterns and preserves the ecological integrity of the site. Given the clustered development design proposed, a resulting “system wide” grading plan where all lots and adjacent loop street have been designed as an integrated package. A site drainage system has been designed to manage stormwater effectively, enhancing both safety and usability.
2. Existing vegetation is preserved to the maximum extent possible.
The applicant states that their design team has worked together to preserve as many existing trees as possible. As noted above, within the immediate Residential Development Area there are a total of 431 surveyed trees in the immediate vicinity. Of these 431 surveyed trees, 177 trees proposed for removal - 123 trees are significant and 54 are non-significant trees. All trees are proposed for removal due to the poor health of the trees, trees proximity to construction, new driveways and/or associated grading. There are thousands of additional trees within the Open Space and Permanent Maintenance Road Area, none of which are proposed for removal at this time as part of this application. See Attachment 2l, “Arborist Reports” which includes a summary of the trees inventoried, their size, condition, disposition, project impact and other
20 condition notes, as well as Sheet C4.1 and C4.2 "Tree Dispositions" of Attachment 2b, for a site plan showing trees proposed to be removed and those to remain, as well as a summary table of each tree and its reason for proposed removal within the Residential Development Area.
3. The structure is designed and located to allow adequate light and air for itself and its neighbors.
The proposed residences is located within minimum setbacks, the project maintains rear yard open space for the owners’ enjoyment and has separation from neighboring homes. The property’s lot configuration, combined with existing topography and vegetation, in relation to the surrounding residential properties, results in the proposed buildings being separated and screened from neighboring properties and buildings. See response to PUD finding C above.
4. Landscaping, screening, and fencing preserve privacy and mitigate adverse effects on neighboring properties.
Landscaping is proposed to be retained to the greatest extent feasible. The proposed project consists of a total of 89,891 square feet of new landscaped areas - not including the proposed 310 new shrubs or 55 new, 36” box sized trees to be planted. The existing approximately 3.5- foot-tall split rail fence would be retained along the existing trail fronting Alpine Road with modifications to accommodate site driveways and a connection to the new site trail. Deer fencing (6 feet tall) is proposed around the single-family lots for security without obscuring views. See response to PUD finding C and Items #1 and #3 above regarding screening and privacy on neighboring properties.
5. Entrances, exits, and internal circulation shall be sited to promote traffic safety and ease and convenience of movement.
The Project proposes two access points (one net new driveway) along Alpine Road to access the development area. The proposed layout also provides access within the Residential Development Area for both fire safety and trash collection, as well as construction of a new fire maintenance access road for the Open Space Area to allow for fire safety and maintenance.
See responses to CUP finding #3, PUD findings D and and F above regarding circulation, traffic safety, parking, and movement within the project site.
6. Night lighting is located and fixtures chosen to promote public safety but minimize effects on adjoining properties.
Fixtures direct light downward, use minimum lumens necessary, and warm color temperature to minimize light encroachment to surrounding areas. Fixture location and quantity are sufficient for safe internal circulation on site. See response to PUD finding C above regarding night lighting.
7. Planting and site design mitigate the problems of drainage and soil erosion.
The proposed planting schedule is made up of primarily native plants with low water usage and is grouped in a natural pattern. Proposed irrigation is designed to minimize water runoff and soil erosion on site and complies with Town’s WELO requirements. See response to CUP finding #5 above regarding drainage and soil erosion.
21 8. Materials and colors are compatible with the rural setting of the town and the surrounding landscape and structures.
All proposed materials will meet Wildland Urban Interface (WUI) requirements, Town reflectivity guidelines and include a natural color palette and material choices that blend the residences into the site. Building and roof colors were selected to meet the Town’s reflectivity values.
9. Proposed grading minimizes the apparent disturbance to the natural terrain.
The amount of grading is proposed to primarily facilitate the location of the residences, site work, the new loop road, driveways including emergency vehicle access, and retaining walls, all within the most flat part of the property with attempt to minimize vegetation removal to the greatest extent feasible in attempts to minimize the overall amount of grading and disturbance to the property’s entire natural terrain. See responses to CUP finding #6, PUD finding # B, and Item #1 about the overall grading approach attempting to minimize disturbance to the natural terrain.
Design Guidelines
1. SITE DESIGN
The proposed project has been designed to maintain the 75-foot scenic setback along Alpine Road, proposes landscaping and the situation/orientation structures to screen the development from the road. The proposed project is well suited for the relatively flat topography of the development area without disturbing the otherwise steeply sloped and heavily vegetated remainder of the site. Proposed exterior materials are natural and have a natural color palette to help blend the project into the surrounding context. Proposed site development maintains the riparian corridors, and preserves 64.4 acres of the the total 74.2 acre site as open space.
The buildings as proposed would comply with Wildland Urban Interface (WUI) materials and construction methods for exterior wildfire exposure and all would be equipped with an automatic sprinkler system. See response to CUP finding #5 above related to additional wildfire design standards proposed as part of the project.
2. ARCHITECTURAL DESIGN
The scale, form and massing of the buildings appear compatible with other residential uses recently approved and under construction, and with existing structures on neighboring properties.
Use of non-combustible materials such as cement fiber, standing seam metal roofs, and large metal-clad windows and a muted earth tone color palette support the residence’s relationship to its surroundings.
3. LANDSCAPE DESIGN
The proposal includes 89,891 square feet of new landscaped areas - not including proposed new shrubs or trees. Proposed landscaping complies with Town requirements for impervious surfaces and water use. Species used are primarily drought resistant. Plantings are concentrated in areas where they provide screening for neighboring properties and public right-of-way. Exterior outdoor lighting is limited, all is shielded and down-lit. The existing approximately 3.5-foot-tall split rail fence would be retained along the existing trail fronting Alpine Road with modifications to accommodate site driveways and a connection to the new site trail. Deer fencing (6 feet tall)
22 is proposed around the single-family lots for security without obscuring views. A 25-foot fuel management area in the back yards of the single family residences consists of irrigated, low-fuel landscaping species. The project’s licensed landscape architect has submitted a certified statement that the proposed landscaping plans comply with town design standards, including those for the Alpine Road scenic corridor, the Town’s Water Efficient Landscaping Ordinance, and the Town’s site visibility guidelines.
IV. AFFORDABLE HOUSING DENSITY BONUS AND INCENTIVES FINDINGS Pursuant to Government Code Section 65915 authorizing density bonuses and concessions, incentives and waivers for qualifying affordable housing projects the following findings are made. a. The Housing Development is eligible for a Density Bonus and any incentives, waivers or modifications requested in that the Project is an affordable housing project by providing 12 deed restricted units; 6 for low income households,and 6 for moderate households as defined by Section 50079.5 of the Health and Safety Code, as set forth in Section 65915 of the Government Code.
b. The Project is entitled to density bonus units as follows:
The Town’s Housing Element of the General Plan and its Zoning Ordinance establish residential land use densities for all parcels within Town boundaries. As noted above, the maximum allowable density under the base zoning for the project site allows up to thirty (30) total units consisting of eighteen (18) single-family units and twelve (12) multifamily affordable units. The applicant is proposing to provide the twelve (12) multi-family units as affordable. Of the the applicant would set aside six units (or 20 percent of the total units) for low-income households and the remaining six (6) units for moderate-income households. State Density Bonus Law provides that a housing project that offers 20% of the base units affordable at the low income level are entitled up to a 35% density bonus. Thus, the project is entitled to up to eleven (11) density bonus units (30 x 35% = 11 units - rounded up), or a total of up to thirty-nine (39) units. The applicant is only proposing nine (9) additional units for a total project of thirty-nine (39) units, even though up to forty-one (41) would be allowed.
Through the application of SDBL, it is legal for the proposed project to exceed the otherwise allowable maximum residential density identified in the Town’s General Plan and Zoning Ordinance as defined by Section 50079.5 of the Health and Safety Code, as set forth in Section 65915 of the Government Code. The nine (9) density bonus units in the project are in conformance with State Density Bonus Law.
c. The Project is entitled to the following two (2) Incentives/Concessions as follows:
1. to reduce the minimum parcel sizes from 20,000 square feet (as permitted with a PUD) to approximately 3,300 to 8,300 square feet for residential lots.
2. Elimination of the General Plan clustering provisions described in Land Use Principle 2105(4.1) which states: “When residences are grouped or clustered in areas where intensity standards require one acre or more per dwelling unit: (a) Each residence should have a substantial direct frontage on a common open space of sufficient size to convey a feeling of being on the edge of a large and significant open space (b) Clusters should generally consist of a small number of detached residences, and each cluster should be well-separated from adjacent clusters rather than interconnected in a linear form.”
23 The two (2) requested incentives/concessions, meet the following three (3) based on substantial evidence in the record:
1. the concession does not result in identifiable and actual cost reductions related affordable housing costs;
Basis of finding: This incentive/concession allows the Project to cluster residences on a small portion of the site. Reducing minimum parcel sizes will help ensure that the developed area remains subservient to the natural landscape and will enable preserving most of the Property as undeveloped land. Please see Attachment 5e, “State Density Bonus Proposal”, which includes a report entitled “Cost Reductions Resulting from Incentives/Concessions.” This report demonstrates that identifiable and actual cost reductions to provide for affordable housing rents will result from the requested reduction in minimum parcel sizes from 20,000 square feet to the sizes proposed. As the report describes in greater detail, this incentive/concession will yield an approximately 25.7 percent reduction in Project construction costs, due primarily to the Project’s clustering of development in a smaller area. Such a configuration enables the Project to avoid developing up a steep hill on the property. The report describes how these cost reductions allow for rents for the Project’s low-income units to be set at affordable levels.
2. would have a specific adverse impact upon public health and safety or or any property listed on the California Register of Historical Places that cannot feasibly be mitigated; or
Basis of finding: The EIR concludes no significant adverse impact to public health or safety as noted in Attachment 1. Town Development Departments have provided a series of recommended conditions of approval to assure any future construction activities comply with applicable health and safety codes.
3. would be contrary to federal or state law.
Basis of finding: As detailed throughout the staff report, the provisions of the project project are found to comply with all applicable State laws pertaining to SDBL and other related Housing laws.
The EIR concludes the project would have no impact, less than significant impacts, or less than significant impacts through implementation of mitigation with any applicable state or federal law, thus would not be contrary to federal or state law.
d. The Project is entitled to three (3) waivers for the spacing between main buildings, floor area, and similarity between market rate and affordable units as follows:
1. PVMC Section 18.44.050(C) requiring specified spacing between main buildings in a residential planned unit development.
Basis of Finding: Pursuant to the State Density Bonus Law, development standards that would physically preclude construction of the units shall be waived. PVMC requires the arrangement of buildings on the site shall be such as to provide standards of . . . privacy at least equivalent to the standards required under this title for lots developed individually. The spacing between main buildings shall be at least equivalent to the spacing which would be required between buildings similarly developed under the terms of this title on separate parcels, due consideration being given to building height and to the openness normally afforded by intervening streets.
24 Under the Municipal Code, “the spacing which would be required between buildings similarly developed under the terms of this title on separate parcels” is based on code requirements for yard sizes and street widths. Spacing for buildings developed on separate parcels is regulated primarily by requirements for 50-foot front yards, 25-foot side yards, and 25-foot rear yards per PVMC Section 18.48.010, 18.72.050. Additionally, intervening residential streets ordinarily must be at least 20 feet wide per PVMC Section 17.40.100(B)(1).
It follows that the Project would be required to provide spacing between main buildings of at least 120 feet where buildings face each other across a street and of at least 50 feet where buildings are located side-to-side or where the rear of one building faces another building’s side. The Project, including the requested incentives/concessions to reduce minimum parcel sizes to the specified sizes and to eliminate any application of General Plan paragraph 2105.4 regarding clustering, must place residences too close to each other to meet the spacing requirement quoted above. with the requested incentives/concessions applied, cannot conform to the spacing requirements identified above. With the incentives/concessions, the proposed Project’s parcels are not configured to allow for spacing between main buildings in accordance with PVMC Section
18.44.050(C). These same spacing requirements ordinarily would preclude development on the Property of “duet” units, or two attached single-family homes. Because each duet unit, by definition, is attached to another single-family residence, no spacing is provided between these two main buildings. The Project proposes three sets of duet units—on Parcels 5 and 6, Parcels 9 and 10, and Parcels 22 and 23, with no spacing between these main buildings.
As discussed above, under PVMC Section 18.44.050(C), the Project would be required to provide spacing between main buildings of at least 50 feet where buildings are located side-to-side. Duet units, therefore, could not be developed on the Property absent a waiver of the Municipal Code’s building spacing requirement.
The EIR concludes no significant adverse impact to public health or safety as noted in Attachment
1. Town Development Departments have provided a series of recommended conditions of approval to assure any future construction activities comply with applicable health and safety codes. The property is not listed on the California Register of Historical Places.
For the reasons discussed above and as shown in Attachment 5e, application of the building spacing requirement of PVMC Section 18.44.050(C) would physically preclude construction of a qualifying development under the Density Bonus Law, and this development standard, therefore, must be waived.
2. PVMC Section 18.48.010 establishing maximum floor area requirements.
Basis of finding: Pursuant to the State Density Bonus Law, development standards that would physically preclude construction of the units shall be waived. PVMC Section 18.48.010 establishes a formula that governs the maximum floor area permitted on a residential parcel, including the maximum permitted area for any single building on a parcel. The formula enables calculation of maximum floor area requirements where minimum parcel areas are between 7,500 and 326,700 square feet. However, this formula does not account for minimum parcel areas beneath 7,500 square feet, likely because the Town’s development standards do not provide for smaller parcels.With the proposed project, the requested incentive/concession to reduce minimum parcel sizes would allow for parcels of such smaller sizes, and, aside from Parcel C as shown in Attachment 5e, all proposed residential parcels are less than 7,500 square feet. Accordingly, Section 18.48.010 does not allow for a determination of maximum floor area for any proposed parcels, except Parcel C.3 as shown in Attachment 5e.
25 For all parcels aside from Parcel C, therefore, this development standard may not be an applicable, objective standard in and of itself. Regardless, Stanford requests a waiver of PVMC Section 18.48.010 for all parcels to ensure the provision cannot be read to apply to the Project.
While values for maximum floor area cannot be calculated for the reasons described above, note that the Project’s proposed floor areas for single-family homes appear consistent with the intent of the Town’s regulations - see Attachment 5e that includes a graph that indicates floor area. The graph plots the curve of minimum parcel size against maximum floor area specified in the PVMC for parcels between 7,500 and 20,000 square feet. The graph also plots all the Project’s proposed residential parcels by parcel size and floor area. As this Exhibit C shows, aside from the affordable housing structures, the Project’s proposed residences would fall within allowable floor areas under the code if the curve were extended further (beneath a minimum parcel size of 7,500 square feet).
Nevertheless, if Section 18.48.010 were read to apply to all parcels in the Project, the Project could not be constructed to the extent that allowable maximum floor areas could not be calculated.
Additionally, the portion of the Project on Parcel C could not be constructed, as the residential square footage for affordable units proposed on that parcel exceeds the allowable maximum floor area.
The EIR concludes no significant adverse impact to public health or safety as noted in Attachment
1. Town Development Departments have provided a series of recommended conditions of approval to assure any future construction activities comply with applicable health and safety codes. The property is not listed on the California Register of Historical Places The application of PVMC Section 18.48.010, therefore, physically would preclude construction of a qualifying development under the Density Bonus Law, and this development standard must be waived.
3. Requested Waiver: PVMC Section 18.17.070, requiring similarity between market-rate and affordable units in density bonus projects, to the extent this provision could be read to apply to the proposed project.
Basis of finding: Pursuant to the State Density Bonus Law, development standards that would physically preclude construction of the units shall be waived. As noted in Item #1 and #2 above, separate provisions in the Town’s Zoning Ordinance allow development on the Property of both (1) single-family market-rate homes and (2) multifamily affordable units on the 15 percent of lots that must be developed as inclusionary housing per PVMC Sections 18.12.020(B), 18.12.030(E),
18.44.060(H). Under these regulations, the applicant’s “base” project before any density bonus is awarded may contain as many as 18 single- family, market-rate houses and 12 affordable units on 3 lots as noted above.
The provision of PVMC Section 18.17.070 requiring similarity between market-rate and affordable units may not apply to the Project. 4 Even so, the applicant seeks a waiver of this development standard to eliminate any application of the provision to the Project. Its application would have the effect of physically precluding construction of the Project, a qualifying development under the State Density Bonus Law.
Consistent with Town zoning regulations, Stanford is seeking a density bonus above a “base” project of 18 single- family, market-rate houses and 12 multifamily affordable units, with requested incentives/concessions to reduce minimum parcel sizes to specified sizes beneath 20,000 square feet and to eliminate any application of General Plan paragraph 2105.4 regarding clustering. To physically accommodate this qualifying development, the Project’s multifamily affordable units must be designed differently from its single-family, market-rate units and must have distinct
26 exteriors and floor plans, including providing fewer bedrooms relative to the bedroom count in “the mix of market rate units.” With parcel sizes reduced to the sizes identified in Attachment 5e and with the elimination of General Plan paragraph 2105.4, the Project physically lacks space to accommodate its 12 multifamily affordable units in similar fashion as its 18 single-family, marketrate houses. Attachment 5e shows the tight physical constraints that apply to the Project, with the requested incentives/concessions.
The EIR concludes no significant adverse impact to public health or safety as noted in Attachment
1. Town Development Departments have provided a series of recommended conditions of approval to assure any future construction activities comply with applicable health and safety codes. The property is not listed on the California Register of Historical Places.
Application, therefore, of the provision of PVMC Section 18.17.070 regarding similarity between market-rate and affordable units would have the effect of physically precluding construction of the Project, and this provision must be waived.
e. The Project is entitled to ratios as follows:
State Density Bonus Law allows a parking ratio, inclusive of handicapped and guest parking, as follows: zero to one bedroom, one onsite parking space; two to three bedrooms, two onsite parking spaces; and four or more bedrooms, two and one-half parking spaces. Consistent with State Law, the applicant is proposing to utilize these parking ratios.
V. BELOW MARKET RATE HOUSING PLAN AND AFFORDABLE HOUSING AGREEMENT Pursuant to Portola Valley Municipal Code Chapter 18.17 and the Town of Portola Valley’s adopted Housing Element goals and policies as follows:
Chapter 18.17 Requirements
● Affordable housing agreement. Prior to project approval, the applicant shall enter into an affordable housing agreement with the town to the satisfaction of the town attorney guaranteeing the affordability of the rental or ownership units for a minimum of thirty years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shall be recorded in the San Mateo County Recorder's Office.
27 ● Design and quality. Affordable units are required to be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the Town building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.Of 12 BMR units proposed, 6 are proposed as studios, 3 units proposed as 1 bedroom units and 3 units proposed as 2-bedroom units. All market rate units are proposed as either 3 or 4-bedroom units. The BMR units will contain standard appliances common to all new site units proposed, and the overall design and construction materials will be of a quality comparable to other new units constructed in the development. All BMR units will be designed and constructed of equal quality to each other regardless of the BMR unit’s affordability designation.
● Timing of affordable unit construction. Prior to issuance of the first building permit for the project, the developer shall provide, subject to town planner approval, a development schedule that indicates when the affordable units will be constructed. The affordable units shall built as early as possible and prior to completion of the market rate units. In no case may the last market rate unit pass final inspection before the last affordable unit has passed final inspection.
Adopted Housing Element Goals and Policies
● The project parcel is identified on the Adequate Housing Sites Inventory Map. ● The project parcel is identified as proposing the construction of 12 affordable units under the Affiliated Housing Program.
● Stanford Wedge Housing Project is identified as a “pending pipeline project” within the adopted Housing Element noted as proposing 39 proposed housing units in the pipeline including 27 faculty units and 12 affordable units. As a pending pipeline project, the development serves as credit towards the Town meeting its Regional Housing Needs Assessment (RHNA) requirements. ● GOAL 1: Expand the types of housing allowed in the community. Facilitate the development of a range of housing types to meet the Town’s fair share of regional housing needs and accommodate current and new Portola Valley residents of diverse ages, races, and socioeconomic backgrounds. ● GOAL 2: Elimination of Government Constraints. Removal of governmental policies or regulations that unnecessarily constrain the development, improvement, or conservation of market-rate or affordable housing.
● Policy 5: Improve the development review process to reduce uncertainty and encourage development that fits with the Town’s objective standards while preserving rural character. ● GOAL 3: Resilient Housing. Manage wildfire vulnerability through design and policy strategies. ● Policy 6: Continue to refine fire resistant building standards and land use policies to ensure they utilize the most up to date science in preparation for wildfire resiliency.
EXHIBIT B
Recommended Conditions of Approval for compliance with the California Environmental Quality Act (CEQA), Conditional Use Permit for establishment of a Planned Unit Development (PUD), Vesting
28 Tentative Map to subdivide the 75.4 acre parcel, Architectural Review for construction of thirty-nine (39) new residential units, Site Development Permit for tree removal and grading and Density Bonus/Affordable Housing Agreement for a site density bonus and creation of twelve (12) Below Market Rate (BMR) housing units associated with the proposed Portola Terrace (Stanford University) Residential Development Project - the project site known as 3530 Alpine Road, APN 077-281-020, File # PLN_ARCH0021-2019.
ENVIRONMENTAL REVIEW / PLANNED UNIT DEVELOPMENT / ARCHITECTURAL REVIEW /
CONDITIONAL USE PERMIT / SITE DEVELOPMENT REVIEW/ DENSITY BONUS AND
AFFORDABLE HOUSING AGREEMENT
A. PLANNING DEPARTMENT:
1. The Conditions of Approval herein contained shall be applicable until such time as the project approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space and shall be binding on the Applicant/Developer and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.
2. The buildings and all site improvements shall be situated on the property in accordance with the approved set of plans prepared by Siegal and Strain Architects dated November 10, 2020.
These plans indicate the location of the buildings, the size of the buildings, the landscaping, lighting, fences/retaining walls, parking and all other physical site improvements to be provided.
3. Minor modifications to the approved plans shall be subject to the review and approval of the Planning Director. Modifications to the approved plans not deemed minor by the Director shall be reviewed and approved by the Town Council as an amendment to the approved project entitlements
4. As part of the Town Council approval, the removal of a total of 177 trees, of which 123 are significant trees and 54 are non-significant trees as shown on sheets C4.1 and C4.2 within the approved set of plans, and as described in the June 11, 2020 and February 9, 2021 Project Arborist memos prepared by Hort Science Bartlett Consulting, was approved. No further significant tree removal is allowed without prior approval by the Planning Director.
5. As part of the Town Council approval, a State Density Bonus with the following bonus, incentives, concessions and waivers was approved:
a. Density bonus of 9 additional units, for a total of 39 units; b. Two incentives/concessions:
i. Reduction of the minimum parcel sizes from 20,000 square feet to approximately 3,300 to 8,300 square feet for residential lots.
29 ii. the elimination of the General Plan clustering provisions described in Land Use Principle 2105(4.1);
c. Three waivers:
i. Portola Valley Municipal Code (PVMC) Section 18.44.050(C) requiring specified spacing between main buildings in a residential planned unit development. ii. PVMC Section 18.48.010 establishing maximum floor area requirements. iii. PVMC Section 18.17.070, requiring similarity between market-rate and affordable units in density bonus projects, to the extent this provision could be read to apply to the proposed project.
6. Prior to building permit issuance, the applicant shall submit revised plans including the following details, to the satisfaction of the Planning Director, in consultation with up to two (2) members of the ASCC as necessary:
a. An exterior color package shall be submitted for each residential unit, fence and wall, including final paint colors and finishes, to demonstrate consistency with the approved plan set.
b. The proposed open space and trails sheets shall be updated to include a gate and/or signage at the location where the new public trail crosses over the fire maintenance road to clearly delineate to the public users that the fire maintenance road is not part of the onsite public trail system and access to the road is prohibited to the public, to the satisfaction of the Planning Director.
c. The proposed open space and trails sheets shall be updated to delineate the extent of the fire maintenance access road size and location to be consistent with the final approved set of plans.
d. The proposed open space and trails plan shall be updated to include details to manage public access to the fire maintenance road for pedestrian access only. e. The landscaping plan shall be revised to create a more natural, and less formal landscaping approach, that demonstrates compliance with all applicable fire codes to the satisfaction of the Woodside Fire Protection District, and demonstrates compliance with the requirements of the Town’s Municipal Code and General Plan.
7. The applicant shall prepare access easements or other comparable documents to the satisfaction of the Town Attorney and Planning Director to be recorded with the County Recorder to allow access to, subject to limitations as set forth in the final easement agreement, portions of the Alpine Road trail on the property and emergency fire access improvements for the project at 3530 Alpine Road, as shown on Sheet C-5.3 of the ASCC Submittal package dated 11/10/20, until such time as the project approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space. These instruments shall be recorded prior to recording of the Final Map.
8. Future use, improvements, new construction, rights-of-way, maintenance and/or easements (or other appropriate legal instruments), which shall be applicable until such time as the project
30 approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space of all final approved public trails as part of the approved project shall comply with the following adopted Town documents, to the satisfaction of the Public Works Director and Planning Director:
a. “Trail Easements and Trails in the Road Right of Way” b. “Trail & Path Construction & Maintenance Standards”
c. “Trail Usage Rules”
d. Resolution 2352-2007 “Establishing Rules and Regulations Relating to the Use of Trails” e. Section 17.52.030 “Improvements” of the Portola Valley Municipal Code.
Easements (or other appropriate legal instruments) for public trails shall be applicable until such time as the project approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space and shall be subject to limitations as set forth in the final easement agreement or other legal instrument.
9. Invasive plant materials shall be prohibited from entering the project site on construction equipment. Existing invasive plants shall be removed from areas of the project development site in which project improvements are made prior to final inspection.
10. Staging plans shall state that no parking is permitted on Alpine Trail/Path and no material may be staged on Alpine Trail/Path.
11. Prior to building permit issuance, a detailed construction staging, logistics, and tree protection plan for the construction shall be submitted to the satisfaction of the Public Works Director .
12. The applicant shall clearly demonstrate that all AC Units and Mechanical Equipment comply with Town’s Noise Ordinance, PVMC Section 9.10.030, prior to building permit issuance.
13. The project applicant shall prepare for recordation an appropriate legal instrument preserving
64.4 acres of project open space from any further development beyond public recreational trails and a fire maintenance access road, which legal instrument shall be applicable until such time as the project approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space , and as shown on the approved set of plans to the satisfaction of the Town Attorney and Planning Director. Such legal instrument(s) shall be recorded prior to recording the Final Map for the project.
14. The applicant shall enter into an Affordable Housing Agreement with the Town for the 12 Below Market Rate Housing rental units (six units dedicated to low income households and six units
31 dedicated to moderate income households), with all applicable terms and conditions in accordance with the final approved Below Market Rate Housing Plan, prior to recording of the Final Map. Such Agreement shall be recorded against the property prior to recording of the Final Map for the project.
15. The Architecture and Site Development Permits shall automatically expire two years from the thirtieth day following the date of issuance by the Town Council if, within such time period, a Building Permit has not been obtained.
16. The permit(s) granted by this approval may not be appealed pursuant to Government Code section 65913.3.
17. All mitigation measures included in the Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Attachment 1 and incorporated herein, which were adopted and made conditions of project approval by Town Council Resolution No. 2024-___, shall be implemented and are a part of these conditions of approval.
18. Prior to building permit issuance, the applicant shall submit revised plans that include details showing the closure of one (1) of the two (2) access points to the project site to/from Alpine Road to through traffic, installation of an emergency gate at the closed access point to allow emergency vehicle access only, and a vehicle turnaround area of sufficient size to accommodate garbage/recycling, delivery and other large trucks and/or vans, and unless such revisions demonstrate a direct or indirect reduction in project density and thus a violation in the violate the Housing Accountability Act.
B. PUBLIC WORKS/ENGINEERING:
1. Building plans shall comply with all conditions listed in the “Public Works & Engineering Department Site Development Standard Guidelines and Checklist” in effect at the time of the project approval or approval by the Town Council of any amendment to the approved project entitlements. The project architect or engineer shall submit a completed and signed checklist with the building plans.
2. Prior to commencement of construction, Applicant shall review all items listed in the “Public Works & Engineering Department Pre-Construction Meeting for Site Development.” This document is also available on the Town website
https://www.portolavalley.net/home/showdocument?id=3317
3. The site is subject to and must comply with the County’s Green Infrastructure plan, and shall use San Mateo County Design Guidelines as template for future submitted Stormwater Management Plan.
32 4. Prior to building permit issuance, the applicant shall resubmit any revisions to the Site Development permit plan set to the Town for review. The applicant must highlight the revised items on the plans and submit a letter noting each revised item.
5. Show and label all existing and proposed utilities within the project vicinity on the building plan submitted for plan check.
6. Provide a Hydrology/Hydraulics report per San Mateo County Drainage Manual at the time of building permit submittal.
7. Provide documentation and a summary table in the building plan set submitted for plan check showing the total overall impervious surface area for both the existing pre-construction site condition and the post-construction site condition. The Town’s Site Development Standard Guidelines include a requirement for the installation of stormwater detention for projects that create or replace greater than 10,000 square feet of impervious surface.
8. Provide documentation in the building plan set submitted for plan check as to how the size of the detention system and its components were determined.
9. Provide documentation within the project Drainage Report to be submitted as part of the building plan set submitted for plan check of the existing condition and estimated post-development peak runoff. Post-development peak runoff must be less than or equal to the existing pre-development condition or mitigation must be provided. For the runoff calculation for existing and postconstruction conditions, provide the watershed delineation, time of concentration for peak flow and the runoff coefficient used for the project site.
10. Provide calculations in the building plan set submitted for plan check indicating the flow velocity for sizing the proposed storm drainage pipes, and provide information for the sizing of any proposed rock slope protection.
11. The building plan set submitted for plan check shall show cleanouts in the drain system along bends.
12. The building plan set submitted for plan check shall show a sediment capture inlet upstream of the detention basin connection. The capacity of the inlet shall be based on the approved Drainage Report.
13. Consistent with Fire Department requirements, the minimum turning radius for Hammerhead/Tee and curves shall be 40 feet. The applicant shall ensure the minimum turning radius meets this requirement and shall be reflected in construction plans to be submitted to the Building Department.
14. The building plan set submitted for plan check shall show the sizes of all existing utilities in the project area.
33 15. The building plan set submitted for plan check shall show the existing 42-inch storm drainage pipe that crosses the proposed water line.
16. For maintenance purposes, prior to issuance of the first certificate of occupancy, the proposed 8-inch storm drain that crosses under Alpine Road on the south side of the development shall be increased to 18 inches in diameter, similar to the other existing storm drain crossings.
17. The building plan set submitted for plan check shall show the location of the proposed fire hydrants along Alpine Road.
18. The building plan set submitted for plan check shall show scored trails located at any driveway approaches.
19. Private roadway connections to Alpine Road shall be designed with a minimum 25-foot corner radii pursuant to Town of Portola Valley Municipal Code Chapter 17.40.070.
20. Except in designated stalls shown on approved project plans, parking shall not be allowed on the Private Road to allow minimum 20’ wide adequate emergency vehicles access. The applicant shall coordinate with Woodside Fire Protection District regarding striping and signage requirements for emergency vehicle access, which requirements shall be shown on plans submitted for building permit, prior to permit issuance.
21. The building plan set submitted for plan check shall show a typical cross-section for the emergency access between lots 8 and 9. The cross section of the fire maintenance road is shown on page C-5.2 of the 11/10/2020 submittal package.
22. The building plan set submitted for plan check shall show a typical cross-section and centerline radii for the Vegetation Management Maintenance Road shown on C5.0, C5.3, and TM-4.0. (The cross section of the fire maintenance road is shown on page C-5.2 of the 11/10/2020 submittal package.)
23. The Vegetation Management Maintenance Road shown on sheets C5.3 and TM-4.0 do not match the same roadway shown on sheets EX-1, EX-2, and EX-3 of the Proposed Trails letter dated May 26, 2020 and as reflected in the November 11, 2020 submittal.
24. Prior to issuance of the first certificate of occupancy, improve Alpine Trail along the property frontage as shown in approved plans.
25. Prior to issuance of the first certificate of occupancy, replace the two existing 18” storm drains under Alpine Road.
26. Prior to issuance of the first certificate of occupancy, underground existing overhead utility lines on Alpine Road along the entire property frontage.
27. Prior to issuance of the first certificate of occupancy, repair or replace fencing along the right of way/property line of the entire property frontage of Alpine Road.
34 28. Prior to issuance of the first certificate of occupancy, remove all dead brush, dead trees or trees in poor health and trim all trees and brush along Alpine Road frontage and within the 30-foot area from the property line on the property as recommended in Arborist’s report and in coordination with the Town.
29. Prior to issuance of the first certificate of occupancy, provide additional information in the project Arborist’s revised report for the trees along the entire property frontage of Alpine Road including the trees within the Alpine Road right of-way and within the area on the property located approximately 30’ from the property line along the property frontage to determine which trees may affect the Alpine Trail and right of way (protruding or canopying).
C. TOWN GEOLOGY:
The following shall be performed prior to approval of Building Permits:
1. Supplemental Exploratory Trenching – The Project Geologist shall perform additional subsurface exploration westward from Exploratory Trench T-1 to determine the location and nature of the geologic contact between the Whiskey Hill and Ladera Sandstone Formations. Offset trenches shall be considered where mature oak trees prevent continuous exploratory trenching. Exploration in the northern portion of the residential site should be considered to help characterize the subsurface geology and further clear the site from geologic hazards. An exploration plan shall be submitted to the Town for review prior to commencement of subsurface exploration. The Town shall expeditiously review such plan. The Town Geologist should be notified prior to the start of exploration and be given the opportunity to inspect the subsurface exposures.
2. Geologic and Geotechnical Evaluation of Site Slopes and Drainage Channel – The slopes above the proposed development shall be evaluated with respect to their potential for instability and adverse impacts to the project properties. Retaining wall freeboard/mitigation from sloughing/landsliding along the upslope side of the development should be evaluated, to the extent necessary as determined by the project geotechnical engineer and reflected in plans to be submitted to the Building Department, to the satisfaction of the Town Geologist. In addition, setbacks from the northern drainage channel shall be assessed.
3. Updated Development Plan – The Development Plan shall be updated in the event the results of Conditions C.1 and C.2 so require.
4. Geotechnical Review of Grading, Drainage, and Structural Plans and Final Map - The Project Geotechnical Consultant shall review and approve the Grading and Drainage Plans, Structural Plans, and Final Map to ensure that their recommendations have been incorporated into the Plans. The results of the Supplemental Exploratory Trenching, Geologic and Geotechnical Evaluations, Design-Level Geotechnical Investigation, Updated Development Plan, Structural Plans, and Grading and Drainage Plan and Final Map Review (Conditions C.1 through C.6) shall be submitted to the Town for review prior to issuance of grading or building permits.
D. FIRE DEPARTMENT:
35 1. All roadway transitions and superelevations shall be less than 10%
2. All fire apparatus access roads and/or driveways must maintain a minimum of 13’6” vertical clearance of any vegetation or tree branches at all times.
3. Addressing required on each structure and each individual R-2 rental unit numbers shall be visible from the loop road of contrasting color from background, illuminated a minimum of 4-inch stroke.
4. “No parking” lanes shall be indicated with red curbs and/or no parking signs shall be installed where Fire Dept access to structures, PIV, FDC, and hydrants are installed.
5. R-2 occupancies are required by state mandate to have annual fire inspections by local jurisdictions.
6. R-3 Occupancy: three fire hydrants, capable of a minimum of 1000 GPM at 20 PSI, along the loop road, with a maximum separation of 400 ft. between each hydrant. Hydrants shall be installed prior to any framing of the structures. Each structure shall have a hydrant within 500 ft measured via the roadway or driveway.
7. R-2 Occupancy: Will be 1500PM at 20PSI based on the V-B construction type.
8. FDC and hydrant proximity must be within 100 ft. per WFPD Ordinance.
9. 200 ft of defensible space will be required on the parcel identified on project plans as Parcel “Y,” located between the remaining undeveloped Stanford parcel and all proposed developed parcels.
Defensible space will be required prior to start of any site development work and maintained until such time as the project approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space.
10. 50 ft perimeter property line defensible space per WFPD local ordinance NO. 24-01 will be required along the perimeter of the project site prior to start of any site work and maintained until such time as the project approved has undergone a lawful 'Comprehensive Redevelopment' which is defined to mean that subsequent to construction of the project, at least 50 percent or more, cumulatively, of project building space has lawfully been demolished and replaced with new building space, landscaping, other improvements, or open space.
11. A fire protection plan, including a vegetation management component indicating map of the area, acres to be treated, distance to neighboring structures, vegetation types, topography, riparian areas, complete prescription, scope, methods and annual treatment timelines and individuals responsible for overseeing work, shall be submitted to WFPD for review and approval prior to issuance of the first certificate of occupancy. A fire fuels management report dated May 5, 2020 was submitted to WFPD for review and was approved by WFPD.
36 12. Final landscape plans are required to be reviewed and approved by the WFPD prior to building permit issuance.
13. No hazardous vegetation and combustible materials that are within the first five feet (5 ft.) of or above a structure and any attached deck.
14. No combustible bark or mulch is allowed in this zone. Consider using hardscape like gravel, flagstone, permeable pavers or blocks, pervious or porous concrete, or other noncombustible materials.
15. Ensure all live tree branches are kept a minimum of 10 feet above the roof and decking.
16. Ensure all branches are a minimum of ten feet (10 ft) away from chimney and stove-pipe outlets.
17. Replace combustible fencing, gates, trellis, and arbors attached to structures(s) with noncombustible features. For existing fences, consider providing a separation distance of at least 6 feet from any structure unless the last 6 feet of fence connecting to the structure is constructed of a noncombustible material.
18. Maintain horizontal and vertical spacing among shrubs and trees to achieve defensible space clearance utilizing the fuel separation or continuous tree canopy method.
19. NFPA 13 or 13D fire sprinkler system to be installed based on occupancy type.
20. Proximity of FDC to a hydrant must be within 100 ft.
VESTING TENTATIVE MAP
1. The Final Map and subdivision improvement plans shall, pursuant to the standards set forth in the Subdivision Map Act, substantially conform to the Vesting Tentative Map prepared by Sandis Engineers and approved on [DATE]. The Final Map shall be prepared by a qualified Registered Civil Engineer or Licensed Land Surveyor and shall be subject to review and approval by the Public Works Director.
2. The Final Map shall include all required plan details pertaining to open space and trails in accordance with Chapter 17.20 “Tentative Maps”, in accordance with the final approved plans, and in substantial conformance with the Vesting Tentative Map, to the satisfaction of the Town Engineer and Town Planning and Building Director.
3. The Vesting Tentative Map and any subsequent Final Map approval, on its own, does not permit the commencement of any site work at the Property.
4. The final conditions, covenants and restrictions document (CC&Rs) shall specify that the future Homeowners Association (HOA) shall be responsible for:
37 a. Maintenance, repair, restoration, replacement, and management of all private stormwater management facilities.
b. Maintenance of perimeter landscaping, retaining walls, and fencing.
5. The Final Map shall include all contents required by the Subdivision Map Act (Government Code section 66433 et seq.), prior to approval of the Final Map.
6. All required subdivision fees in accordance with the subdivision ordinance shall be paid at the time of Final Map submittal.
7. Upon submittal of the final map, the applicant shall propose a name for the private street. The town historian shall expeditiously review and approve such name within thirty (30) days to ensure timely processing and recording of the final map.
8. At the time of construction of subdivision improvements, all construction vehicles and equipment shall be parked on the subdivision lands and not on the public streets.
INDEMNIFICATION
1. The Applicant (or any successor) shall defend, indemnify and hold harmless the Town, its agents, officers and employees from any claim, action or proceeding against the Town, its agents, officers and employees to attack, set aside, void or annul approval of the subdivision or arising out of or in any way relating to any actions taken by the City related to approval of the Project, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for approval of the Project and related actions. Pursuant to this condition, the Town shall promptly notify the Applicant of any claim, action or proceeding regarding the Project and the Town shall cooperate fully in the defense of such claim, action or proceeding.
Exhibit C
BMR Housing Plan and Affordable Housing Agreement
38 Proposed Terms to the Town of Portola Valley to Provide Affordable Units as part of the Portola Terrace Residential Development.
November 27, 2024
EXECUTIVE SUMMARY:
The Town of Portola Valley presently does not have an affordable housing policy in place. Therefore, Town staff has asked Stanford University as applicant for the Portola Terrace project to initiate a dialogue with the Town to clarify the terms of how project affordable housing units would be managed by Stanford University, subject to oversight by the Town of Portola Valley.
39 The project site is located at 3530 Alpine Road on a 75.4-acre parcel (APN 077-281-020) that forms a triangular shape between Alpine Road, and developments along Westridge Drive and Minoca Road in Portola Valley, California. The site, known as the Stanford Wedge property, is mostly undeveloped and covered with grasses, shrubs, and trees. An area of approximately 7.4 acres at the northeastern portion of the project site (10% of the total site area) is proposed for development.
The project would subdivide the development area into 30 residential lots, which would be developed with 27 market-rate single-family 2-story residences as part of a planned unit development and 12 affordable multifamily units (configured as 3 lots, each with a 2-story, 4-unit building), as well as a picnic and play area and stormwater detention and bioretention treatment facilities.
Stanford’s proposed project (Planned Unit Development, Stanford Wedge, 3532 Alpine Road, File # PLN_ARCH0021-2019) is described in detail in the “Project Description” document submitted with the project’s application package, as supplemented since then by additional submissions, and is referred to in this proposal as the “Project.” To briefly summarize, Stanford proposes a planned unit development of 27 single-family residences for Stanford faculty and 12 affordable housing units. · Each single-family home will be on its own lot. While most of these homes will be separated from each other, 6 will be configured into 3 duets.
· All twelve (12) affordable housing units will be located in multifamily buildings clustered on 3 lots.
· Six (6) affordable units will be set aside for low-income households. · Six (6) affordable units will be set aside for moderate-income households. · Stanford would construct all affordable units on the Property, and Stanford would operate the affordable subject to oversight by the Town of Portola Valley (or its designee). · The Affordable Housing units would be reserved and priced for low and moderate income households for a term of 55 years.
Single-family residences will have 3 or 4 bedrooms, while affordable units will be studios, 1-bedrooms, and 2-bedrooms. Restricted ground leases for all single-family lots will be sold to occupants, while all affordable units will be rented to their occupants. Single-family lot sizes will range from approximately 3,000 to 5,200 square feet, while the 3 lots for affordable housing each will range from approximately 6,900 to 8,200 square feet.
Stanford University, as project applicant, has requested a density bonus under Government Code section 65915(b)(1)(A) for agreeing to construct units for low-income households.
CHARACTERISTICS OF BMR UNITS
a. Size and Location of BMR Units. The Portola Terrace project will provide 12 affordable rental housing units (also referred to as “below market rate” or “BMR” units). The 12 BMR units will be in three buildings of four units each. Each of these three buildings will contain two (2) studio BMR rental units, one (1) 1-bedroom BMR rental unit, and one (1) 2-bedroom BMR rental unit. The BMR units will generally be of the same size (square footage) as depicted in the approved application set (Planned Unit Development, Stanford Wedge, 3532 Alpine Road, File #
40 PLN_ARCH0021-2019). The BMR units will contain standard appliances common to new units. b. Design and Materials in BMR Units. The design and materials used in construction of BMR units will be of a quality comparable to other new units constructed in the development, except that in no event will BMR units need to be of luxury quality. All BMR units will be designed and constructed of equal quality to each other regardless of the BMR unit’s affordability designation.
c. Initial BMR Rental Rates Will Be Set Before Final Building Inspection. The initial BMR rental rates will be established prior to final inspection of the BMR housing units and prior to commencement of the initial rental process for the BMR housing units. Initial BMR rental rates will be established in compliance with the rent standards described below.
INCOME AND RENT STANDARDS.
a. Income Limits upon Occupancy of BMR Units. Only households having gross incomes at or below Low Income for San Mateo County, adjusted for household size, as published annually by the California Department of Housing and Community Development (“HCD”) are eligible to occupy the six (6) BMR units that will be restricted as low-income units, either when initially rented or upon filling any subsequent vacancy. The remaining six (6) BMR units are designated for households having gross incomes at or below Moderate Income for San Mateo County, adjusted for household size, as published annually by HCD. See Table A (Below Market Rate Household Income Limits). (2024).
b. BMR Unit Rent. The six (6) low-income BMR units may be rented for monthly amounts not exceeding one-twelfth (1/12) of thirty percent (30%) of sixty percent (60%) of the Area Median Income for San Mateo County, adjusted for household size appropriate for the unit. The other six (6) moderate BMR units may be rented for monthly amounts not exceeding one-twelfth (1/12) of thirty percent (30%) of one hundred ten percent (110%) of the Area Median Income for San Mateo County, adjusted for household size appropriate for the unit. BMR rents may be adjusted from time to time to reflect any changes to the then current Income limits. c. Tenant Selection and Certification Procedures. In order to ensure that there is an adequate supply of affordable housing within the Town, to the extent permitted by fair housing and other laws, Stanford shall give priority for occupancy of all BMR rental units to eligible households with members who live or work in the Town. In the event that there are fewer applicants for the BMR rental units that meet the criteria specified in the preceding sentence than there are available units, such units shall be made available to other eligible households. Stanford will maintain a waiting list for BMR rental units, such that the priority for occupancy of available BMR rental units will be given to eligible households on the waiting list, on a first-come, first-served basis. A selected household will be allowed up to thirty (30) days to move into a BMR rental unit after it is ready for occupancy. Below market rate units application opportunities should be marketed first to Portola Valley residents. Stanford will develop a marketing plan that addresses this goal. Town staff will be entitled to review Stanford’s marketing plan to verify compliance with the foregoing requirements.
41 c. BMR Waiting List. The Town or its designee will be entitled to review Stanford’s Waiting List to verify compliance with qualification requirements for BMR rental units. d. One-Year Lease Offer. Each prospective tenant of a BMR rental unit will be offered the opportunity to enter into a lease for a minimum term of one (1) year. Such offer will be made in writing. If the tenant rejects the offer to lease a BMR rental unit, such rejection must also be in writing. A lease may be renewed upon the mutual agreement of both parties. e. Vacation of Units and Re-Renting. When a BMR tenant vacates, Stanford will provide notice to the Town, and Stanford will then re-rent the unit to a qualified BMR tenant in accordance with these Guidelines and the Affordability Restriction Agreement recorded against the BMR rental units.
f. Annual Recertification of BMR Units. Stanford will recertify annually, by procedures to be established in the Affordability Restriction Agreement, the provision of BMR rental units as specified in these Guidelines the Affordability Restriction Agreement recorded against the BMR rental units. If, at the time of recertification, Stanford determines that the income of a household that initially qualified as low-income under the eligibility requirements set forth in the Guidelines has increased above the applicable low- income limit, such household will be redesignated as a moderate income unit and the rent for such unit may be increased to no more than the moderate income rent limit, and the next available vacant BMR unit will be leased to a low-income household. If, at the time of recertification, Stanford determines that the income of a household that initially qualified as moderate-income under the eligibility requirements set forth in the Guidelines (or was redesignated as a moderate-income tenant as provided in the preceding sentence) has increased above the applicable moderate- income limit, the rental rate for that household may be raised to market rate but such unit will continue to qualify as a compliant BMR unit, provided that the next available vacant BMR Unit will be leased to a moderate-income household.
g. Annual Report. On an annual basis, Stanford will submit a report (the “Annual Report”) to the Town which will contain, with respect to each BMR unit, the name of the eligible tenant, the rental rate and the income and household size of the occupants. The Annual Report will be based on information supplied by the tenant or occupant of each BMR unit in a certified statement executed yearly by the tenant. Execution and delivery thereof by the tenant may be required by the terms of the lease as a condition of continued occupancy at the BMR rate. The Town shall have the right to inspect the relevant books and records of Stanford and its rental agent or bookkeeper upon reasonable notice during normal business hours, to verify the qualification of the tenants of the BMR units. The Annual Report will also provide a statement confirming compliance with all applicable requirements of the Affordability Restriction Agreement and will include a statement of any planned repairs to be made and the estimated dates for the repairs. h. Subleasing. Subleasing by the tenant of any BMR unit is prohibited.
42 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Town of Portola Valley
___________
___________
Attention: Town Manager
No fee for recording pursuant to
Government Code Section 27383
AFFORDABLE HOUSING REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(Portola Terrace)
43 This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the “Agreement”) is made and entered into as of [____________, ____] (the “Effective Date”), by and between Town of Portola Valley, a [____________________] (the “Town”), and The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the laws of the State of California, (the “Owner”) (each individually a “Party” and together the “Parties”), with reference to the following facts.
RECITALS
A. Capitalized terms used but not defined in these recitals are as defined in Article 1 of this Agreement.
B. Owner owns certain real property located at 3530 Alpine Road, Portola Valley, California (APN 077-281-020), as more particularly described in Exhibit A (the “Property”), upon which Owner will develop with 27 single-family 2-story residences located on 27 lots as part of a planned unit development, and 12 affordable multifamily units (configured as 3 lots, each with a 2-story, 4-unit building), as well as a picnic and play area and stormwater detention and bioretention treatment facilities (the “Development”).
C. Town now desires to have Owner restrict 12 multifamily units at the Development (the “Affordable Units”), with 6 Affordable Units restricted as affordable to low income households with incomes at or below eighty percent (80%) of Area Median Income, and 6 Affordable Units restricted as affordable to moderate income households with incomes at or below one hundred twenty percent (120%) of Area Median Income, and Owner desires to restrict such Affordable Units, as set forth herein.
D. Owner is entitled to a density bonus under California Government Code Section 65915(b)(1)(A) for agreeing to construct the Affordable Units.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Owner hereby agree as follows:
AGREEMENT
The foregoing recitals are hereby incorporated by reference and made part of this Agreement.
ARTICLE 1
DEFINITIONS
1.1 Definitions.
When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1.
(a) “Low Income Household” means a household with an annual income which does not exceed the income limit for a “Low Income” household, defined as not exceeding 80% AMI (as hereinafter defined), for San Mateo County, as published and periodically updated by HCD, adjusted for Assumed Household Size, adjusted for Assumed Household Size.
44 (b) “Low Income Household Rent” means Rent that does not exceed thirty (30) percent of sixty percent (60%) of Area Median Income for the Assumed Household Size. (c) “Low Income Units” means the Units which, pursuant to Section 2.1(b) below, are required to be occupied by Low Income AMI Households.
(d) “Moderate Income Household” means a household with an annual income which does not exceed the income limit for a “Moderate Income” household, defined as not exceeding 120% AMI (as hereinafter defined), for San Mateo County, as published and periodically updated by HCD, adjusted for Assumed Household Size.
(e) “Moderate Income Household Rent” means Rent that does not exceed thirty (30) percent of one hundred ten percent (110%) of Area Median Income for the Assumed Household Size. (f) “Moderate Income Units” means the Units which, pursuant to Section 2.1(c) below, are required to be occupied by 120% AMI Households.
(g) “Affordable Units” are defined in Recital B.
(h) “Agreement” means this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants.
(i) “Area Median Income” or “AMI” means the area median income for San Mateo County as published and periodically updated by HCD, adjusted for Assumed Household Size. (j) “Assumed Household Size” means for a studio apartment, one (1) person; for a one (1) bedroom apartment, two (2) people; and for a two (2) bedroom apartment, three (3) people. (k) “Default” is defined in Section 6.5(a).
(l) “Development” is defined in Recital B.
(m) “Effective Date” is defined in the first paragraph of this Agreement. (n) “HCD” means the California Department of Housing and Community Development. (o) “HUD” means the United States Department of Housing and Urban Development. (p) “Indemnitees” are defined in Section 6.4.
(q) “Owner” is defined in the first paragraph of this Agreement. (r) “Party” or “Parties” is defined in the first paragraph of this Agreement. (s) “Property” is defined in Recital B.
(t) “Rent” means the total of monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Owner which are required of all Tenants, other than security deposits; an allowance for the
45 cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees, or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Tenant. (u) “Tenant” means a household legally occupying an Affordable Unit pursuant to a valid lease with Owner.
(v) “Tenant Lease” is defined in Section 2.5.
(w) “Term” means the term of this Agreement, which commences on the Effective Date of this Agreement and continues until the fifty-fifth (55th) anniversary of the date hereof. (x) “Town” is defined in the first paragraph of this Agreement. (y) “Unit” means one of the approximately thirty-nine (39) housing units constructed on the Property.
1.2 Exhibits.
The following exhibit is attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A: Legal Description of the Property
ARTICLE 2
AFFORDABILITY AND OCCUPANCY COVENANTS
2.1 Occupancy Requirements.
The Affordable Units shall be rented to and occupied by, or, if vacant, available for occupancy by Low Income and Moderate Income Households as follows:
(a) Low Income Units. Owner shall rent six (6) Affordable Units to, or, if vacant, make available for occupancy by, Low Income Households.
(b) Moderate Income Units. Owner shall rent six (6) Affordable Units to, or, if vacant, make available for occupancy by, Moderate Income Households.
(c) Access to Facilities. All Tenants must have equal access to and enjoyment of all common facilities in the Development.
(d) Bedroom Size. The bedroom sizes for the Affordable Units shall be six (6) studios, three (3) 1- bedroom units, and three (3) 2-bedroom units.
2.2 Allowable Rent.
(a) Low Income Household Rent. Subject to the provisions of Section 2.3 below, Rent paid by Tenants of all Low Income Units during the Term shall not exceed the Low Income Household Rent for the
46 applicable bedroom size.
(b) Moderate Income Household Rent. Subject to the provisions of Section 2.3 below, Rent paid by Tenants of all Moderate Income Units during the Term shall not exceed the Moderate Income Household Rent for the applicable bedroom size.
(c) In the event that income determinations are no longer published by HCD or are not updated for a period of at least eighteen (18) months, the parties hereto shall thereafter use the income determinations for Low Income and Moderate Income as published by HUD.
2.3 Increased Income of Tenants in Affordable Units.
(a) Increased Income Above 80% but Below 120% AMI . If, upon annual recertification of the income of a Tenant of an Affordable Unit, Owner determines that the Tenant no longer qualifies as a Low Income Household, but does qualify as a Moderate Income Household, the Tenant may continue to occupy the Unit and, upon sixty (60) days written notice to Tenant, Owner may increase the Tenant's rent up to the Moderate Income Household Rent, provided, however, that the rent such Tenant must pay shall not exceed 30% of such income, and further provided that such unit shall continue to be an 80% Unit for the purposes of Section 2.1 hereof.
(b) Increased Income above 120% AMI. If, upon recertification of a Tenant's income, Owner determines that a Tenant no longer qualifies as either an Low Income Household or a Moderate AMI Household, then, Tenant may occupy their unit as a Moderate Income Unit, and that Unit will continue to be classified as a Moderate Income Unit, but the rent for that unit shall become unrestricted hereunder until the earlier of (i) such Tenant moves out of the Development, or (ii) such Tenant’s income decreases to an amount equal to or less than the income limit for a Moderate Income Household.
2.4 Termination of Occupancy.
Upon termination of occupancy of an Affordable Unit by a Tenant, such Affordable Unit shall be deemed to be continuously occupied by a household of the same income level (e.g., Low Income Household or Moderate Income Household) as the initial income level of the vacating Tenant, until such Affordable Unit is reoccupied, at which time the income character of the Affordable Unit (e.g., Low Income Unit or Moderate Income Unit) shall be re-determined. Owner shall make reasonable efforts to maintain the occupancy requirements set forth in Section 2.1 above, except as may be allowed by Section 2.3.
2.5 Lease Provisions.
The Owner shall use a form of Tenant lease (the “Tenant Lease”) for the Affordable Units that is consistent with the requirements of this Agreement. The Tenant Lease shall, among other matters:
(a) provide for termination of the lease for failure: (1) to provide any information required under this Agreement or reasonably requested by Owner to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy of the Affordable Units in accordance with the standards set forth in this Agreement, or (2) to qualify as an Low Income Household or Moderate Income Household, as the case may be, as a result of any material misrepresentation made by such Tenant with respect to the income computation or certification;
47 (b) be for an initial term of not less than one (1) year. After the initial year of tenancy, the lease may be month to month by mutual agreement of Owner and the Tenant; and (c) prohibit subleasing of the Affordable Unit or any portion of the Affordable Unit or any spaces reserved for the use of the Tenant, contain nondiscrimination provisions, and include the Tenant's obligation to inform the Owner of any need for maintenance or repair. (d) Owner shall provide Tenant Lease for review and approval by Town prior to leasing of Affordable Units.
2.6 Security Deposits.
Any security deposits collected by Owner or Owner’s agent shall be kept separate and apart from all other funds in a trust account with a depository insured by the Federal Deposit Insurance Corporation or other comparable federal deposit insurance program and shall be held and disbursed in accordance with California law. The balance in the trust account shall at all times equal or exceed the aggregate of all outstanding obligations, plus accrued interest thereon.
ARTICLE 3
INCOME CERTIFICATION AND REPORTING
3.1 Income Certification.
Owner or Owner’s designee will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications for each Tenant renting any of the Affordable Units. Owner shall make a good faith effort to verify that the income statement provided by an applicant or Tenant is accurate by taking one (1) or more of the following steps as a part of the verification process for all members of the Tenant household age eighteen (18) or older: (a) obtaining a minimum of the three (3) most current pay stubs; (b) obtaining an income tax return for the most recent tax year; (c) conducting a credit agency or similar search; (d) obtaining the three (3) most current savings and checking account bank statements; (e) obtaining an income verification form from a current employer; or (f) obtaining an income verification form from the Social Security Administration and/or the California Department of Social Services if an adult member of the Tenant's household receives assistance from either of such agencies. Copies of Tenant income certifications shall be made available to the Town upon request.
3.2 Annual Report to the Town; Town Obligation to Confirm Receipt of Annual Report. (a) Owner shall provide the Town no later than April 1 of each calendar year following the Effective Date, an occupancy report including: (i) the verified income and household size; (ii) the Affordable Unit rent amount; and (iii) the date tenancy commenced for each Affordable Unit. (b) Within thirty (30) days after receipt of a written request, Owner shall provide any other information or completed forms reasonably requested by the Town to ensure compliance with this Agreement. (c) If similar reports on some or all of the Affordable Units are required for regulatory compliance with other financing programs, those reports shall be deemed satisfactory for the purpose of this Section by the Town, with respect to the portion of the requirements of this Section covered by such reports,
48 provided that copies are provided on an annual basis to the Town with an owner certification addressed to the Town certifying that Owner has complied with this Agreement. (d) Each calendar year following the Effective Date, no later than thirty (30) days after receipt of Owner’s submitted materials as required under Section 3.2(a) above, the Town shall provide Owner with written confirmation that the Town has received such materials submitted by Owner.
3.3 Tenant Records and Inspection.
(a) Owner shall maintain complete, accurate and current records pertaining to the affordability obligations hereunder, and shall permit any duly authorized representative of the Town to inspect the records, including but not limited to records pertaining to income and household size of Tenants of the Affordable Units, Rent charged Tenants of the Affordable Units and documents necessary to verify eligibility and preferences under Section 4.2 hereof, upon reasonable prior notice during normal business hours. All Tenant lists, applications and waiting lists relating to the Affordable Units shall at all times be kept separate and identifiable from any other business of Owner and shall be maintained as required by the Town, in a reasonable condition for proper audit and subject to reasonable examination during business hours by representatives of the Town. Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Affordable Units for a period of at least five (5) years. (b) The Town shall notify Owner of any records it deems insufficient. Owner shall have thirty (30) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the Town in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct the deficiency, then Owner shall begin to correct the deficiency within thirty (30) days and correct the deficiency within ninety (90) days, or as otherwise agreed by the Town if a longer time period is reasonably required.
(c) The Town, or its designee, shall have the right to perform an on-site inspection of the Development at least one time per year, including the right to inspect Affordable Units, subject to any applicable notice required by applicable law, and the rights of the Tenants under applicable leases, to confirm that the Affordable Units constitute decent, safe, and sanitary housing. The Owner agrees to cooperate in such inspection.
ARTICLE 4
OPERATION OF THE DEVELOPMENT
4.1 Residential Use.
(a) The Affordable Units shall be used only for residential purposes, and the Affordable Units shall be operated and maintained as residences for the Term of this Agreement. No part of the Affordable Units shall be operated as transient housing in which the term of the lease or rental agreement is less than thirty (30) days.
4.2 Occupancy Preferences.
Applicants for vacant Affordable Units shall be given preference in the following order, to the extent permitted by fair housing and other laws: (a) eligible households (based on income) of which at least one
49 adult member lives or is employed within the Town limits; (b) all other eligible households (based on income) who do not meet the criteria for priority (a), above.
ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities.
Owner is responsible for performing or causing to be performed all management functions with respect to the Affordable Units, including without limitation the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The Town shall have no responsibility over management of the Units. Owner shall operate the Development in accordance with all applicable laws and approvals, and this Agreement. All leasing decisions at the Property shall be made by Owner in its sole discretion, subject to the Town’s rights and remedies hereunder with respect to the Affordable Units.
ARTICLE 6
MISCELLANEOUS
6.1 Nondiscrimination.
Owner covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, family status, ancestry or national origin, HIV/AIDS, or any other arbitrary basis in the construction, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property.
Owner further covenants by and for itself and its successors and assigns shall not discriminate on the basis of source of income or rent payment (for example, TANF or SSI) or poor credit history if a prospective Tenant’s previous rent history of at least one (1) year provides evidence of Tenant’s ability to pay the applicable Rent (ability to pay shall be demonstrated if the prospective Tenant can show that the Tenant has paid the same percentage or more of the Tenant’s income for Rent as the Tenant would be required to pay for the Rent applicable to the Affordable Unit to be occupied). Subject to any applicable law, Owner shall not refuse to rent to any prospective Tenant on the basis of household size so long as such household size is not smaller than the minimum or larger than the Assumed Household Size as permitted by law.
6.2 Term.
The provisions of this Agreement will apply to the Property for the entire Term. Subject to the foregoing, this Agreement shall bind any successor, heir or assign of Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the Town.
6.3 Covenants Running with the Land.
50 The Town and Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall apply to and bind Owner and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title or interest in or to any part of the Property and shall run with and burden such portions of the Property until the end of the Term. Until all or portions of the Property are expressly released from the burdens of this Agreement, each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered, and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed, or other instrument. In the event of foreclosure or transfer by deed-in-lieu of all or any portion of the Property prior to completion and sale of all of the Affordable Units, title to all or any portion of the Property shall be taken subject to this Agreement.
6.4 Indemnification.
(a) To the full extent permitted by law, Owner shall indemnify, defend at its own expense, and hold the Town and its elected officials, officers, employees and agents in their official capacity (collectively “Indemnitees”) harmless against any and all claims, suits, actions, losses, and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to the purchase of the Property, marketing and operation of the Development, except to the extent such claim arises from the grossly negligent or willful misconduct of the Town or Indemnitees. Each Party shall notify the other Party immediately in writing of any claim or damage related to activities performed under this Agreement. The Parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement, provided that nothing shall require either Party to disclose any documents, records or communications that are protected under the attorney-client privilege or attorney work product privilege.
(b) The provisions of this Section shall survive the expiration of the Term and any release of part or all of the Property from the burdens of this Agreement.
6.5 Default.
(a) Failure by the Owner to perform any obligation under this Agreement in all material respects shall constitute a “Default” by the Owner under this Agreement. (b) The Town shall give written notice to the Owner specifying the nature of the violation giving rise to the Default. If the violation is not corrected to the satisfaction of the Town within a reasonable period of time, not longer than thirty (30) days after the date the notice is mailed, or if a period longer than thirty (30) days is reasonably necessary to correct the violation, then Owner shall begin to correct the violation within thirty (30) days and correct the violation within ninety (90) days, or as otherwise agreed by the Town if a longer time period is reasonably required, the Town may declare a Default under this Agreement by written notice to the Owner.
(c) Remedies. The occurrence of any Default following the expiration of all applicable notice and cure periods will give the Town the right to proceed with any and all remedies set forth in this Agreement, including but not limited to the following:
(1) Action to Compel Performance or for Damages. The Town may bring an action at law or in equity
51 to compel Owner’s performance of its obligations under this Agreement, and/or for damages. Owner acknowledges that any breach in Owner’s performance of Owner’s obligations under this Agreement shall cause irreparable harm to the Town, and materially impair the public policy objectives to provide affordable housing within the Town. Therefore, Owner agrees that the Town is entitled to equitable relief in the form of specific performance, and that an award of damages may not be adequate to compensate the Town for Developer's failure to perform according to the terms of this Agreement. Notwithstanding the foregoing, the Town, in its sole and absolute discretion, may elect the appropriate remedy for Owner’s default under this Agreement.
6.6 Entire Understanding of the Parties.
This Agreement constitutes the entire Agreement between the Parties and no modification shall be binding unless reduced to writing and signed by the Parties.
6.7 No Third Party Beneficiaries.
To the extent permitted by law, there shall be no third-party beneficiaries to this Agreement.
6.8 Each Party's Role in Drafting the Agreement.
Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.
6.9 Recording and Filing.
The Town and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of San Mateo.
6.10 Governing Law and Venue.
This Agreement shall be governed by the laws of the State of California. Venue shall be the County of San Mateo.
6.11 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
6.12 Attorneys' Fees and Costs.
In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute.
6.13 Waiver of Requirements.
No waiver of the requirements of this Agreement shall occur unless expressly waived by the Town in
52 writing. No waiver will be implied from any delay or failure by the Town to take action on any breach or Default of Owner or to pursue any remedy permitted under this Agreement or applicable law. Any extension of time granted to Owner to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the Town to any act or omission by Owner shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the Town's written consent to future waivers.
6.14 Amendments.
This Agreement may be amended only by a written instrument executed by all the Parties or their successors in title, and duly recorded in the real property records of the County of Santa Clara.
6.15 Notices.
Any notice requirement set forth herein shall be deemed to be satisfied (a) three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate Party, or (b) one (1) business day after sending via email, addressed to the appropriate Party, as follows:
Owner: Faculty Staff Housing
Stanford University
552 O’Connor Lane
Stanford, CA 94305
and
Office of the General Counsel
Stanford University
Building 170, 3rd Floor, Main Quad
Stanford, CA 94305
Town: Town of Portola Valley
[_____________]
[_____________]
Attention: [_____________]
Email: [_____________]
Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail or Email as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable).
6.16 Severability.
If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby.
6.17 Multiple Originals; Counterparts.
53 This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on following page.]
IN WITNESS WHEREOF, the Town and Owner have executed this Agreement by duly authorized representatives, all on the date first written above.
TOWN:
TOWN OF PORTOLA VALLEY,
a [_____________]
By:
Name:
Title:
APPROVED AS TO FORM BY:
[___________], City Attorney
Date:
OWNER:
THE BOARD OF TRUSTEES OF THE LELAND
STANFORD JUNIOR UNIVERSITY,
a body having corporate powers under the laws of the State of California
By:
Name:
Title:
54 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF SAN MATEO )
On ______________________, before me, _________________________, Notary Public, personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the County of San Mateo, Town of Portola Valley, State of California, and is described as follows:
[INSERT]
1855288.4
STANFORD WEDGE HOUSING PROJECT - MMRP PAGE 1 OF 44
STANFORD WEDGE HOUSING PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing / Schedule Implementation
Responsibility
Verification
Monitoring Action Monitoring
Responsibility
Date
Completed
Air Quality
Mitigation Measure Air-1: Basic Construction
Management Practices. The Project shall
demonstrate proposed compliance with all applicable
regulations and operating procedures prior to
issuance of demolition, building or grading permits,
including implementation of the following BAAQMD
“Basic Construction Mitigation Measures”:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power
vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by
the California airborne toxics control measure Title
Prior to issuance of
grading or
construction permits
-andDuring construction
Project Sponsor/
Applicant
Verify requirements are
included in construction
contracts and are met
during construction
Portola Valley
Planning and
Building
Department
STANFORD WEDGE HOUSING PROJECT - MMRP PAGE 2 OF 44
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13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained
and properly tuned in accordance with
manufacturer’s specifications. All equipment shall
be checked by a certified mechanic and
determined to be running in proper condition prior
to operation.
• A publicly visible sign shall be posted with the
telephone number and person to contact at the
Lead Agency regarding dust complaints. This
person shall respond and take corrective action
within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with
applicable regulations.
Biological Resources
Mitigation Measure Bio-1a: Survey (outside the
Residential Development Area): Special-Status Plant
Surveys. Prior to the initiation of grading for the fire access road and/or hiking/equestrian trail, or the
implementation of initial ground disturbance or
vegetation removal activities in areas outside the
Residential Development Area that has been surveyed
for special- status plants, a qualified biologist shall conduct, in areas outside the Residential
Development Area that has been surveyed, a focused
survey during the appropriate bloom season for
potentially occurring special-status plant species,
including:
Prior to grading of fire
road and/or trails,
initial vegetation
management
activities, or initial
ground disturbance
outside the
Residential
Development Area
Project Sponsor/
Applicant
Verify survey was performed
Verify buffer zones are
included in construction
contracts and Vegetation
Maintenance Plan (VMP), if
required by survey
Portola Valley
Planning and
Building
Department
STANFORD WEDGE HOUSING PROJECT - MMRP PAGE 3 OF 44
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• California bottle-brush grass (Elymus californicus;
CRPR 4.3; May through August)
• Western leatherwood (Dirca occidentalis; CRPR
1B.2; January through March)
• Bent-flowered fiddleneck (Amsinckia lunaris; CRPR
1B2; March through June)
• Woodland woolly threads (Monolopia gracilens;
CRPR 1B.2; March through July)
• Santa Cruz clover (Trifolium buckwestiorum; CRPR
1B.1; April through October)
• California androsace (Androsace elongata ssp.
acuta; CRPR 4.2; March through June)
• Brewer’s calandrinia (Calandrinia breweri; CRPR
4.2; March through June)
• Oakland star-tulip (Calochortus umbellatus; CRPR
4.2; March through May)
• Bristly leptosiphon (Leptosiphon acicularis; CRPR
4.2; April through July)
• Michael’s rein orchid (Piperia michaelii; CRPR 4.2;
April through August)
Ground disturbance associated with vegetation
management activities that could potentially impact
sensitive plant species if they are present,
necessitating focused plant surveys, would include all
vegetation management activities except initial
vegetation management treatments that are
implemented prior to construction of the fire access
road (Panorama Environmental 2020b). These initial
treatments include (1) removing trees and large
shrubs through hand removal methods to avoid
ground disturbance, and minimizing dragging out
STANFORD WEDGE HOUSING PROJECT - MMRP PAGE 4 OF 44
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material; (2) minimization of soil disturbance through
use of low compacting equipment (e.g., masticator or
chipper) that would reduce rutting from machine
turns and minimize soil compaction; and (3) limiting
the spread of chipped or masticated materials to 1-
inch in depth or less (Panorama Environmental
2020b). Therefore, focused surveys shall be
conducted prior to all ground disturbance associated
with vegetation management activities including and
following construction of the fire access road,
including a surrounding 50-foot buffer area on site
and to the extent access to adjacent properties may
be permitted. Surveys shall take place no more than 3
years before ground disturbance or vegetation
removal for these vegetation management activities
and should be conducted in a year with near-average
or above-average precipitation. Alternatively, these
surveys may be conducted in a year of below-average
precipitation and the surveyor should attempt, if
possible, to identify a nearby reference population
that is flowering and detectable despite the belowaverage rainfall. The purpose of the survey shall be to assess the presence or absence of the potentially
occurring species. If none of the target species are
found in the impact area or surrounding 50-foot
buffer, then no further mitigation measures shall
apply. Otherwise, Mitigation Measure Bio-1b shall be
additionally implemented.
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Mitigation Measure Bio-1b: Avoidance and
Minimization: Special-Status Plants. If any individual
special-status plants are found in the impact area or
50-foot buffer, then in consultation with a qualified
botanist or plant ecologist, the project shall be
designed to avoid direct and indirect impacts to the
species to the extent feasible. If avoidance of specialstatus plants reduces the impacts so that less than 10% for CRPR List 1B species of either individuals or
occupied area within the population would be
impacted, or less than 20% for CPRP List 4 species,
then the impact would be considered less than
significant, and no further mitigation is necessary.
Otherwise, Mitigation Measure Bio-1c shall be
additionally implemented.
Only if required by
Bio-1a above:
Prior to issuance of
grading or
construction permits
Project Sponsor/
Applicant
Verify survey was performed
Verify redesign or buffer
zones are included in
construction contracts, if
required
.
Portola Valley
Planning and
Building
Department
Mitigation Measure Bio-1c: Compensatory
Mitigation if Avoidance is Infeasible: Special-Status
Plants. If, even with project redesign to minimize
impacts, more than 10% of the population for CRPR
List 1B species or more than 20% of the population for
CRPR List 4 species would be impacted, compensatory
mitigation shall be provided via the management of
currently occupied habitat or the establishment of a
new population for the species impacted at a different
site. The mitigation habitat shall be of equal or greater habitat quality compared to the impacted areas, as
determined by a qualified plant ecologist, in terms of
soil features, extent of disturbance, vegetation
structure, and dominant species composition, and
shall contain at least as many individuals of the
species as are impacted by project activities. A Habitat Mitigation and Management Plan (HMMP) shall be
Only if required by
Bio-1b above:
Prior to issuance of
grading or
construction permits
Project Sponsor/
Applicant
Verify HMMP completion, if
required
Portola Valley
Planning and
Building
Department
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developed by a qualified plant or restoration ecologist and implemented for the mitigation lands. The HMMP
shall be approved by the Town of Portola Valley prior
to the start of ground-disturbing activities. The HMMP
shall include, at a minimum, all of the following
information:
• Summary of habitat impacts and the proposed
mitigation;
• Description of the location and boundaries of the
mitigation site and description of existing site
conditions;
• Description of measures to be undertaken to
enhance (e.g., through focused management that
may include removal of invasive species in adjacent
suitable but currently unoccupied habitat) the
mitigation site for the focal special-status species;
• Description of measures to transplant individual
plants or seeds from the impact area to the
mitigation site, if appropriate (which shall be
determined by a qualified plant or restoration
ecologist);
• Proposed management activities to maintain highquality habitat conditions for the focal species; • Description of habitat and species monitoring
measures on the mitigation site, including specific,
objective final and performance criteria,
monitoring methods, data analysis, reporting
requirements, monitoring schedule, etc. At a
minimum, performance criteria shall include
demonstration that any plant population
fluctuations over the monitoring period do not
indicate a downward trajectory in terms of
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reduction in numbers and/or occupied area for the
preserved mitigation population that can be
attributed to management (e.g., that are not the
result of local weather patterns, as determined by
monitoring of a nearby reference population, or
other factors unrelated to management); and
• Annual monitoring should be conducted for a
period of 5 years following transplantation of
individuals, if plants are transplanted, or following
the initiation of monitoring (e.g., for a mitigation
site where the species is already present) to ensure
that the population is healthy.
• Description of the management plan’s adaptive
component, including potential contingency
measures for mitigation elements that do not meet
performance criteria.
Mitigation Measure Bio-2a: Survey and Avoidance
(all Construction Activities and the Initial Vegetation Management Activities): Red-legged Frogs. Before
any construction or initial vegetation management
activities begin, the following measures shall be
completed and/or included in construction contracts
as ongoing measures:
i. Pre-activity Survey. A qualified biologist shall
conduct a preconstruction survey for the California
red-legged frog no more than 24 hours prior to
initial ground disturbing activities or use of
mechanical support for vegetation management
within 100 feet of any riparian area. If a California
red-legged frog is encountered in the work area, all
activities with the potential to result in the
Prior to issuance of
construction or
grading permits
-andPrior to initial
vegetation
management
activities
Project Sponsor/
Applicant
Verify survey was performed
Verify requirements
included in construction
contracts and Vegetation
Maintenance Plan (VMP)
Portola Valley
Planning Building
Department
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harassment, injury, or death of the individual shall
be immediately halted and shall not resume until
the individual leaves the project site of its own
accord.
ii. Worker Environmental Awareness Program. Before
any construction activities begin, Stanford shall
hire a qualified biologist to conduct a training
session for all construction personnel. At a
minimum, the training shall include descriptions of
all special-status species potentially occurring on
the project site and their habitats, the importance
of these species, the general measures that are
being implemented to conserve them as they
relate to the proposed project, and the boundaries
within which project activities may be
accomplished.
iii. Construction Timing. Because California red-legged frogs are most active at night, nighttime
earthmoving, other construction activities, or use
of mechanical support for vegetation management
shall be avoided to the extent practicable within
100 feet of any riparian area. Further, to the extent
practicable, ground-disturbing activities shall be
avoided during the wet season, from mid-October
through mid-April, when red-legged frogs are most
likely to be moving through upland areas.