TOWN OF PORTOLA VALLEY
Special Meeting of the Town Council
A G E N D A
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
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Thursday, December 5, 2024
6:00 PM
Councilmember Mary Hufty will be attending remotely from the following address:
Archbold Station, 123 Main Drive, Venus, FL 33960
HISTORIC SCHOOLHOUSE – 765 PORTOLA ROAD, PORTOLA VALLEY, CA REMOTE MEETING ADVISORY: On March 1, 2023, all public meetings in Portola Valley returned to conducting inperson meetings. A Zoom link is provided for members of the public to participate remotely. However, the Town cannot guarantee there will be no technical issues with the software during the meeting. For best public participation results, attending the meeting in person is advised.
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1. CALL TO ORDER / ROLL CALL
2. ORAL COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA
Speakers' time is limited to three (3) minutes.
3. PUBLIC HEARING – PORTOLA TERRACE (STANFORD WEDGE) PROJECT a. Certification of an Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) and consideration of a request for 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, a Site Development Permit for tree removal and grading, and State Density Bonus Law/Below Market Rate (BMR) Housing Plan and Agreement associated with the proposed Portola Terrace (Stanford Wedge) Residential Development Project - 3530 Alpine Road, APN 077-281-020, File # PLN_ARCH0021-2019 in accordance with Sections 14.04.010, 17.20.170, 18.72.100, 18.44.040, 15.12.100, 18.17 and
18.64.03 of the Portola Valley Municipal Code.
4. ADJOURNMENT
The next Regular Town Council meeting will be held on December 11, 2024 at 7:00 PM Land Acknowledgement:
The Town of Portola Valley acknowledges the colonial history of this land we dwell upon—the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK-mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair.
TO: Mayor and Members of the Town Council
FROM: Terrence Grindall, Interim Community Development Director Stephanie B. Davis, Principal Contract Planner, Good City Company
DATE: December 5, 2024
SUBJECT: Consideration of certification of an Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) and request for 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, and a State Density Bonus Law
(SDBL)/Below Market Rate (BMR) Affordable Housing Plan and Agreement associated with the proposed Portola Terrace
(Stanford Wedge) Residential Development Project - 3530 Alpine Road, APN 077-281-020, File # PLN_ARCH0021-2019 in
accordance with Sections 14.04.010, 17.20.170, 18.72.100,
18.44.040, 15.12.100, 18.17and 18.64.03 of the Portola Valley Municipal Code.
RECOMMENDATION
Staff recommends that the Town Council adopt resolutions to certify the Environmental Impact Report (Attachment 1) and approve the CUP, PUD, Vesting Tentative Map, Architectural Review and Site Development Permit, and State Density Bonus Law/BMR Affordable Housing Plan and Agreement (Attachment 2) associated with the proposed Portola Terrace residential development to construct thirty-nine (39) residential units.
BACKGROUND
Overview
In September 2019, Stanford University (University) submitted a formal application to the Town for a single-family and multi-family residential development consisting of a total of
STAFF REPORT
TOWN OF PORTOLA VALLEY
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39 units and other associated site improvements on a portion of University property often referred to as the “Stanford Wedge.” The application was deemed complete for processing by the Town in January 2020. The project proposes to remove the existing horse boarding facility, to accommodate the proposed residential development and other site improvements and requires consideration of the following approvals from the Town. All approvals requested will require a final decision by the Town Council, with the ASCC and PC both also reviewing and providing formal recommendations. Please see Attachment 5 for project submittal materials.
1. Certification of the Environmental Impact Report (EIR) - in compliance with the California Environmental Quality Act (CEQA) the EIR will be used to inform decision makers and the general public about the environmental effects of the proposed project. A Final EIR associated with a project requires certification by the decision maker that the EIR was prepared in compliance with CEQA.
2. Conditional Use Permit (CUP) - for establishment of a Planned Unit Development (PUD): The proposed clustered development of the single-family homes, reduced lot size, reduced setbacks between houses, and increased heights on some buildings, do not meet the otherwise standard development regulations of the Residential Estate (R-E) district, but can be approved through the establishment of a PUD.
3. Vesting Tentative Map (VTM) - to subdivide the 75.2 acres into 30 residential lots, two common area lots, and a remainder open space parcel.
4. Site Development Permit - due to the amount of grading proposed and for tree removal.
5. Architectural Review Permit - for consideration of each new building proposed, landscaping, lighting, parking, fencing/retaining walls, and green building components.
6. State Density Bonus / Affordable Housing Plan and Affordable Housing Agreement - As noted above, the maximum allowable density of the project site is 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) units as affordable. Of those, the applicant would set aside six (6) units (or 20 percent of the total units) for low-income households (the income limits for the remaining units has not been determined yet). SDBL allows an applicant to utilize only one affordability category for determining the density bonus. By setting aside 20 percent of the total units as low income, the applicant is entitled to a 35 percent density bonus, which equates to eleven (11) additional market rate units. The applicant is only proposing nine (9) additional market rate units for a total project of thirtynine (39) unitAn Affordable Housing Plan has been prepared and the University will be required to enter into an Affordable Housing Agreement with the Town.
Applicable State Laws
Applicable State Housing Laws include:
● California’s State Density Bonus Law (Government Code Section 65915) was adopted into the Town’s Municipal Code, Portola Valley Municipal Code (PVMC) Chapter 18.17 (Introduction to Density Bonus Law). This law allows for additional
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density as well as zoning concessions/incentives and waivers where the applicant agrees to provide a qualifying number of deed restricted affordable units. More discussion on State Density Bonus Law is included below and as Attachment 12. ● California’s Senate Bill (SB) 330 (Housing Crisis Act of 2019). SB330 removes certain restrictions to ensure timely processing of housing projects. Among other things, SB 330 prevents jurisdictions from conducting more than five public hearings, as defined in Government Code Section 65905.5(a) and (b) to include specific meetings, in connection with the approval of certain housing projects. On September 20, 2023, the Town held a special Ad Hoc Committee of Committees meeting to receive a presentation on SB330, receive public comments and provide feedback on implementation.
● Housing Accountability Act (Government Code section 65589.5). The HAA limits local government’s ability to deny, reduce the density of, or make infeasible certain housing development projects that are consistent with objective local development standards (except those lawfully modified via State Density Bonus Law concessions and waivers) and contribute to meeting housing needs. The proposed project qualifies as a “housing development project” (Government Code section 65589.5(h)(2)) and is therefore subject to the HAA.For the purposes of the HAA, “lower density” includes any conditions that that have the same effect or impact on the ability of the project to provide housing.
Prior Town Meetings
The Town has conducted several public meetings on the proposed project from 2020 - 2024 but no formal decisions have been made on the proposed project. The public meetings to-date are listed below. Links to the meeting agenda and staff report for each meeting are available for reference online on the Town’s project website, under “Previous Meetings”.
● Planning Commission Meeting - November 18, 2024: To provide recommendations to the City Council on (1) Certification of the Environmental Impact Report (2) and Approval of the CUP to establish a PUD, Vesting Tentative Map for property subdivision, and Architectural Review and Site Development permits for associated construction, grading and tree removal. See Attachments 3 and 4, Planning Commission Resolutions 2004-4 and 2024-5, as well as discussion under “REVIEWING AGENCY / COMMITTEE RECOMMENDATIONS” below for the formal Planning Commission recommendations to the Town Council. ● Architectural Site Control Commission (ASCC) Meeting - November 4, 2024: To provide recommendations on the CUP to establish a PUD, Architectural Review and Site Development permits. See discussion under “REVIEWING AGENCY / COMMITTEE RECOMMENDATIONS” below for ASCC recommendations. ● Subdivision Committee Meeting - October 17, 2024: To provide recommendations on the Vesting Tentative Map. See Attachment 11b for the Subdivision Committee recommendations and Attachment 14 for applicant response. ● Planning Commission Meeting - May 4, 2022: To receive comments on the Draft Environmental Impact Report.
● Draft EIR Circulated - March 30, 2022 - May 13, 2022: For Public Review and Comment.
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● Story Pole Community Site Tours - August 26 -28, 2021: Six (6) tours of the site held over three days for all Town council, committees, commissions and community members, in accordance with the final story pole and staking plan approved by the Architectural Site Control Commission and Planning Commission at a special joint meeting on June 30, 2021.
● Joint meeting of Planning Commission and Architectural and Site Control Commission (ASCC) - June 30, 2021: Study Session for Discussion and Decision on a Story Pole and Staking Plan and Discussion on State Density Bonus Law. ● Architectural & Site Control Commission Study Session Meeting - January 25, 2021: Study Session to receive presentations, ask questions, receive public comments, and provide any feedback/recommendation(s) to the applicant. ● Planning Commission Study Session Meeting - January 20, 2021: Study Session to receive presentations, ask questions, receive public comments, and provide any feedback/recommendation(s) to the applicant.
● Environmental Impact Report (EIR) Scoping Meeting Special Planning Commission Meeting - January 30, 2020: Scoping Session to receive public testimony and provide comments on the scope and content of the EIR for the project.
● Subdivision Committee Meeting Preliminary project comments- October 8, 2019 (See Attachment 11a for meeting minutes).
In addition, both the Trails and Path and Conservation Committees have previously submitted comments on the proposed open space and trails component of the project. In comments dated August 5, 2020, the Conservation Committee notes the desire to hold Stanford to a high level of follow through on preserving the natural appearance of this property as it loses its minimally developed state. They note appreciation of the proposed low water use native plant, proposed planting along Alpine Road to be more naturalistic oak woodland and less “landscaped”, the proposed inclusion of a permanent maintenance access road and the relatively open defensible space behind the proposed homes and that nothing but perhaps a community garden should be allowed in this area. The Conservation Committee listed a request of 15 specific items they would like to see reflected in the plans related to the preservation of open space, additional setbacks, protection of proposed plantings from impacts of other uses, revisions to some areas of the landscaping for a more rural aesthetic and changes in species types, underground utilities, details on the proposed play area, minimizing and/or removal of proposed fencing, and more specific details on the location and maintenance of the proposed trails, questions on overflow parking and traffic impacts, and the request for more bike parking.
As stated in comments dated December 12, 2020, the Trails and Paths Committee believes that the trail proposal fails to meet the objectives, principles and standards as set forth in the Town of Portola Valley Trails and Paths Element dated January 8, 2003.
Specifically, the proposal fails to satisfy virtually every objective outlined in section 3209 of the Trails and Paths Element. The Trails and Paths Committee recommends that the applicant build the trails and grant public use easements for the trails as specified in the Town of Portola Valley Trails and Paths Element Plan Diagram A dated 12/21/2009. This includes the formalization of the existing Canyon Trail, and the segment of the Canyon Trail previously known as the “Woodside Trails Club Trail” that runs on the northern edge of the parcel and connects to Alpine Trail. The Trails and Paths Committee also
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recommends that a new upper loop trail be built and a new corresponding public use trail easement be granted. The Trails and Paths Committee also recommends that the existing portion of Alpine Trail that runs along the eastern edge of the parcel be moved inward and away from Alpine Road and new public use trail easements be created. This portion of the Alpine Trail should be widened and designated multi-use (bicycles, pedestrians and equestrians). They believe that this request is also supported by sections 3204 and 3205 of the Town of Portola Valley Trails and Paths Element.
Please see Attachment 9, Conservation Committee Comments August 5, 2020, Attachment 10 Trails and Path Committee Comments, December 12, 2020 and Attachment 14 for applicant response.
Project Description
(A) Project Site
The project site is located at 3530 Alpine Road on a 75.2-acre parcel that forms a triangular shape between Alpine Road, and developments along Westridge Drive and Minocca Road. Elevations within the project site range from approximately 323 feet to 678 feet above sea level, but the area where the residential development is proposed is a relatively flat portion along Alpine Road that is surrounded by steep hillsides to the side and rear of the property. Alpine Rock Ranch, a horse boarding facility with stables, currently occupies this portion of the site and is proposed to be removed as part of the proposal.
The approximately 10.8-acre northeastern portion of the project site (approximately 8% of the total site area) is proposed as the residential development area. This 10.8 acres includes all proposed residential lots, common areas, wildfire defensible zone, scenic corridor setbacks, and dedicated open space (3.99 acres of residential lots + 6.8 acres of all other areas). The remaining 64.4 acres of the 75.2 development site is proposed to remain as open space. A legal instrument would be recorded against the property to ensure preservation of this area for the life of the project to ensure no future development in this area.
For descriptive purposes, the site is broken up into 2 sub-areas: 1) Residential Development Area; and 2) Open Space and Permanent Maintenance Road Area. The entire site would be subject to a Vegetation Management Plan to address fire safety.
FIGURE 1: VICINITY MAP
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FIGURE 2: PROPOSED PROJECT EXTENT MAP
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Town Land Use Designations
The Town of Portola Valley General Plan designates the project site as ConservationResidential; a 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.
The Residential Development Area of the project site, is also located within the General Plan’s sub-area plan; the Alpine Scenic Corridor. 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 intended to allow multi-family 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.
The site has a zoning designation of Residential Estate (R-E) which is subject to the 3.5A residential density combining district, the SD-2 slope-density combining district, and the D-R design review combining district. As part of this application, the site is proposed to be established via a Conditional Use Permit to a Planned Unit Development (PUD) and to apply the State Density Bonus Law (both discussed in more detail below). (B) Proposed Project Scope
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The proposed general project scope is broken up into two sections for descriptive purposes 1) Residential Development Area; and 2) Open Space and Permanent Maintenance Road Area. The entire project site includes implementation of a proposed Vegetation Management Plan (VMP).
Residential Development Area
The Residential Development Area is approximately 10.8 acres in size and includes all proposed residential lots, common areas, wildfire defensible space, scenic corridor setbacks, and dedicated open space. The applicant proposes to subdivide the property into 30 clustered residential lots and construct a project with the following key components:
● 27 single-family, 2-story residential for-sale units for Stanford faculty, 6 of which would be configured as “duets”.
● 12 Below Market Rate (BMR) affordable housing rental units in three, two-story buildings with four units in each.
● Common open space including picnic and play area.
● 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. ● Vehicle and bike parking.
● A small emergency access roadway between two homes to provide access to the wildfire fuel management areas to the rear of the proposed homes. ● Defensible space areas.
● Landscaping and stormwater treatment measures.
● The existing horse trail along the project site’s Alpine Road frontage is proposed to be retained.
Open Space and Permanent Maintenance Road Area
The Open Space and Permanent Maintenance Road Area encompasses the remaining
64.4 acres of the 75.2 acre development site which is proposed to remain as open space and with a future, permanent fire maintenance access road. It is located to the southwest of the residential development area; or the left and the rear of all proposed residential housing units, is significantly up-sloped with an average slope percentage of 25.15% and heavily vegetated. Proposed trails would be located both on the residential development area of the site, as well as the remainder open space/permanent maintenance road area of the site. This area of the development site is proposed to remain in University ownership; as well as under University responsibility for maintenance.
The physical improvement within this area includes the construction of a permanent fire maintenance access road for the purposes of providing access to facilitate annual vegetation/fire management. The Vegetation Management Plan or VMP (discussed below) identified the need for this road to provide access to haul out and cut vegetative material from the undeveloped area. The proposed maintenance road begins at Alpine Road and progresses up the slopes of the east facing hills, following the least steep route to keep grading and tree removal to a minimum. The proposed road is approximately 20 feet approximately 1,550 feet in length and approximately 2.77 acres in area. The proposed maintenance access road (which would be available for use only by fire
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personnel in the event of a wildfire) would provide access and staging and would serve as central landing areas to collect material for off hauling.
The remainder of this 64.4 area of the parcel is proposed to be preserved as open space.
A new public recreational trail approximately 1.2 miles in length and 6 feet in width would be constructed along the western edge of the development area (in the open space area behind Lots 1 -14), connecting to the existing horse trail along Alpine Road. The applicant has indicated that the proposed trail route was developed in the attempt to be equivalent to the identified trail routes in the Town’s adopted General Plan, while also attempting to avoid significant slopes, potential riparian areas, and other areas of potential habitat degradation. The proposed trails and open space component of the project are discussed in greater detail below.
Vegetation Management Plan (VMP) and Fire Safety
The University contracted with wildfire professionals to prepare a Vegetation Management Plan (“VMP”) for both the developed and undeveloped portions of the property. The VMP was prepared to address existing fire hazards across the entire project site that modeled fire behavior to define mitigations to reduce the hazards identified during modeling. 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 site 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. The University would fund maintenance of the natural undeveloped area located outside the Residential Development Area.
All single family and multi-family affordable housing buildings are designed to comply with the Wildland Urban Interface (WUI) materials and construction methods for exterior wildfire exposures and equipped with an automatic sprinkler system. At the request of the Fire Marshal, 12-foot-wide access point/road consisting of an all-weather drivable surface is proposed in approximately the middle of the development between buildings to access the undeveloped parcel behind the residential development area. This road would allow for fuel management activities and emergency vehicle access/egress and defense.
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. A Zone 2 defensible space fuel management area is proposed to be established and maintained within 200 feet of all residences and the interface with wildland areas within the project boundary. Within this zone, it is proposed grasses would be mowed, dead plant material would be removed,
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and space would be maintained between shrubs, larger trees, and other combustible materials. Further out from the residences, shaded fuel breaks may be used to reduce the fuel load in the surrounding area.
Proposed Project Details
The following information provides more specific project details that are proposed as part of the application.
SUMMARY TABLE – DEVELOPMENT STANDARDS
Single Family, Market-Rate Units
Lot Area 2,981 – 5,217 SF*
Floor Area 2,236 – 2,348 SF
* Setbacks
(Detached)
Front
Rear
Sides
20 feet minimum
19 – 23 feet
4 - 8 feet
Height 27 – 30.7 feet
Multi-Family Affordable Housing/BMR Units
Lot Area 6,938 – 8,188 SF*
Floor Area 3,941 SF* / building
Setbacks
Front
Rear
Sides
~43 feet
10 – 15 feet
5 – 10 feet
Height 32.5 - 33.5 feet
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Entire Residential Site Development Area
Parking
Garage/driveway spaces
Standard on-site spaces
Accessible spaces
60 spaces
24 5
89 total spaces
Landscaping
New Trees
Screening Shrubs
Private Gardens and Lawns
Bioretention Areas
Entry Planting Area
55 310
33,955 SF*
7,938 SF*
4,915 SF*
Total Impervious Surface 131,230 (4% of total site area) Site Density** 39 units or 0.52 units/per acre.
**Maximum allowable density at the site is governed first by the PVMC and may be adjusted according to State Density Bonus Law (Government Code section 65915). PVMC Sections 18.50.040 and 18.50.050(A) impose a slope-density formula that yields twentyone (21) lots for the site. PVMC Sections 17.20.215, 18.04.055 and 18.44.060(H) allow and require inclusionary affordable housing that may take the form of lots transferred to the Town for construction by a third party or, alternatively, that the project sub-divider itself may construct the multifamily housing. In this case, the applicant is proposing to build the multi-family affordable units. The Code’s inclusionary housing provisions allow up to four (4) units on each lot for multifamily affordable housing. Therefore, the Town Code allows eighteen (18) single- family units and twelve (12) multifamily affordable units (30 total units prior to any density bonus). As discussed in more detail under the State Density Bonus / Affordable Housing Agreement discussion below, the applicant proposes to provide six (6) units at the “low income” level, which entitles the project to a 35 percent affordable housing density bonus under State law. The application of Density Bonus Law would allow up to 41 units, though only 39 are proposed. More discussion on State Density Bonus included below.
Residential Lots and Ownership
● Single Family Lots. As noted in the table above, lot sizes are proposed in the range of 2,981 to 5,217 square feet; this is smaller than those permitted by local zoning, but would be permitted pursuant to a State Density Bonus Law incentive/concession (see detailed discussion below). All homes are proposed at two stories, each having three or four bedrooms and a study, with slightly varying heights, on its own lot. No accessory dwelling units are proposed as part of the
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project. Each single family home has an exterior, enclosed storage closet within its side yard to house garbage and recycling receptacles, as well as an air conditioning unit immediately to rear and adjacent to the trash enclosure within the lots side/rear yard area and not visible from the street. The single-family homes are anticipated to range from approximately 2,236 to 2,348 square feet. Each individual home is proposed to have a private fenced rear yard. Each single-family home would be sold to a faculty member of the University and the owner would enter into a ground lease with the University. A homeowner’s association would be used to maintain common areas and conduct fuel reduction activities. ● Multi-Family, Affordable Housing Lots. The 12 multi-family, affordable housing units (Below Market Rate/BMR) are proposed to be clustered on three lots of approximately 6,900 to 8,188 square feet each, with a four-unit building on each lot. Each two-story, multifamily building is proposed to contain two studio units (approximately 475 SF each), one 1-bedroom unit (approximately 600 SF), and one 2- bedroom unit (approximately 975 SF). Each multi-family affordable housing building is 3,941 square feet. These units would be rental units with rents set according to State requirements for affordability. The required to enter into an Affordable Housing Agreement with the Town for the BMR units which shall include final descriptions of the BMR units, rental restrictions, provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility, formula for calculating affordable rent for consideration by the Town Council for ultimate approval.
Parking and Circulation
Parking for both the market rate and multi-family affordable housing units is proposed in the amounts as required by the State Density Bonus Law and 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.
Within the Residential Development Area, 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 noted, the existing Alpine Road trail fronting the project site, will be improved to meet current Town standards as part of the proposed project. As part of the EIR a transportation analysis was performed using industry standards for analysis and in consideration of relevant safety standards. The proposal includes 12 bicycle parking spaces, 6 of which are located in the common private open space and 6 of which are situated near building “BMR 3”.
Design & Exterior Materials
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Architectural Style: Traditional in form, modern in
execution.
Shape & Orientation: Buildings are situated in the
most flat part of the parcel where the existing horse boarding facility is located and to minimize tree removal. Buildings are oriented to face towards the new looped street of Alpine Road and are elongated in nature to follow the rectangular shape of the proposed new lots.
Roof & Skylights: Simple gable roof forms and
gray metal roofs.
Structure Visibility: Proposed residence is in the
same general location as the existing residence. Mature trees along Alpine Road are to remain and combined with new trees to be planted to assist with screening from roads and adjacent homes along Witheridge. Additional trees and shrubs are proposed throughout the site.
Siding: Painted cement fiber with muted colors in gray to gray-blue tones. Two colors per building.
Windows & Doors: Aluminum sectional doors with glazed windows. Metal clad wood windows with narrow trim.
Green Building: The project would comply with the 2019 Building Energy Efficiency Standards, which require zero net electricity development, including solar electricity generation on-site, as well as the Town of Portola Valley’s “Green Building” code sections. The buildings are also proposed to include the following sustainability features that are not required by regulations or ordinances: one Level-2 electric vehicle charging station installed in each single-family residence garage and all-electric construction with no natural gas connections.
All proposed materials and treatments are noted to meet Town reflectivity guidelines and present a natural color palette (see Sheets G0.0, G0.3 and G0.04 of Attachment 5b, for color renderings of the proposed buildings). The applicant has not prepared a color package for each individual lot for the project.
Utilities
Utilities are proposed to be installed underground and extended to the residences. New electric and sewer lines are proposed to be constructed from existing mains located in Alpine Road. There is no water main in Alpine Road along the project frontage. As a part of the project, it is proposed that the water main would be extended approximately 1,700 feet within Alpine Road from the intersection of Westridge Drive to provide water connection to the project site. The project site is not currently a part of the West Bay Sanitary District, so would require annexation into the sewer district prior to connection to sewer service. Stormwater collection and management is proposed to be accommodated on-site with stormwater detention and bioretention treatment facilities meeting required capacity and stormwater treatment quality standards before connecting to the line in Alpine Road, which discharges to Los Trancos Creek. The project has also been designed
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to provide rooftop photovoltaic solar panel installation, allowing for the potential of on-site power generation.
Grading
Grading and Drainage plans are shown on Sheets C-5.0, 5.1 and 5.2 of Attachment 5b, as well as Attachment 5c provide separate details for the proposed Fire Maintenance access road located in the Open Space and Permanent Maintenance Road Area and all grading/earthwork improvements within the Residential Development Area.
Fire Maintenance Access Road - Total Soil Movement Estimates (cubic yards/CY) Cut Fill Total
Road Construction 6,050 10,111 4,051 import
Site Development Permit CY:
Site Work Cut + Site Work Fill = Soil Movement Subject to SDP _______10,111____ + 6,050 = 16,171 CY
Residential Development Area - Total Soil Movement Estimates (cubic yards) Cut Fill Total
Building Pad 317 1,182 865 fill
Site Work & Landscaping 5,010 3,972 1038 fill
Site Total 5,327 5,154 173
Off-Haul: 173 (Site Total Cut – Site Total Fill)
Site Development Permit CY:
Building Pad Fill + Site Work Cut + Site Work Fill = Soil Movement Subject to SDP
_______1,182_____ + 5,010 + 3,972 _ = 10,164 CY
The project proposes 16,171 CY of soil movement for the construction of the fire maintenance road and 10,164 CY of soil movement in the Residential Development Area, thus a total of 26,335 CY is subject to Site Development Permit. The amount of grading proposed in the Residential Development area is primarily to facilitate the locations of the buildings, site work, driveways, new street, landscaping and retaining walls. The applicant states that the project has been designed so that the grading of the development site attempts to “balance”, meaning no import or off-haul of material would be needed for the Residential Development Area with the exception of 173 cubic yards. The project will be
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preparing a final geotechnical report (including details on the Fire Maintenance road) for the project and will provide final soiling testing and supplement geologic testing as required by the Town Geologist. Depending on the final recommendation of that report, the amount of cut and fill may change, but will be reflected on the final grading plan that will be submitted to the Town prior to issuance of a grading permit.
Tree Removal
There were 431 live trees surveyed by the project arborist, less than half of which are in the Residential Development Area. Within the immediate Residential Development Area there are a total of 177 trees proposed for removal, of them 123 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 5l, “Arborist Reports” which includes a summary of the trees inventoried, their size, condition, disposition, project impact and other condition notes, as well as Sheet C4.1 and C4.2 "Tree Dispositions" of Attachment 5b, 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.
The project proposes a total of 96,062 square feet of new impervious surface in the Residential Development Area consisting of building foundations, roof overhangs, hardscape areas such as patios and pathways, crush rock, retaining walls and driveways/street. The Open Space and Permanent Maintenance Road Area proposes 35,168 square feet of impervious surface consisting of pavement for the new fire maintenance access road. The fiber/engineered wood fiber at the common open space area is considered pervious and not counting towards the site’s overall impervious total (see Attachment 5i “Letter from Landscape Architect and Manufacturers Details), in addition to being non-combustible. The total amount of impervious surface proposed on the project site is 131,230 square feet or 4% of the project site. The existing impervious surface on site is close to 0 SF. See Attachment 5g Impervious Surface Exhibit.
Landscaping - Planting and Finishes
See Sheets L0.0 - L5.2 of Attachment 5b for the full set of proposed landscaping and irrigation plans. The proposed project consists of a total of 89,891 square feet of new landscaped areas - not including proposed new shrubs or trees. This total consists of the following:
● 55 new trees, all 36” box in size
● 310 new shrubs, all 5 gallon in size
● 7,938 square feet in bioretention area
● 4,915 square feet in entry planting area
● 43,083 square feet in common open areas
● 28,600 square feet in private gardens
● 5,355 square feet of private lawns
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Most plantings are proposed in natural groupings throughout the Residential Development Area with the bioretention and entry planting areas near the front of the development facing the Alpine Road, along the shared common space near the center of the Development Area and within the front and rear yards off the residences. The common open space area includes a picnic and play area for the project residents. Landscaping is proposed to be vegetated with predominantly native plants. The planting list consists of trees, screening shrubs, other plantings and grasses. In 2020, the Town’s Conservation Committee reviewed the project and provided a set of comments to the applicant (see Attachment 9). See Sheets L1.1 - L3.2 of Attachment 5b for details on the proposed planting and finishes plan.
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 (see Attachment 5i).
Landscaping - Water Usage
See Sheets L0.0 - L5.2 of Attachment 5b for the full set of proposed landscaping and irrigation plans. The proposed project has included a Water Efficiency Landscape Ordinance Worksheet for the proposed 54,169 square feet of irrigated landscaping (Sheet L4.8 of Attachment 5b).
● Maximum Water Use
Allowance (MAWA):
734,486 gallons/year
● Estimated Total Water Use
(ETWU):
609,232 gallons/ year
● Percent of MAWA used: 83%
● Compliant: Yes
Outdoor Lighting
There are a total of 3 different types of exterior lighting proposed within the Residential Development Area.
1. Wall mounted: utilizing the "Pitch Single Wall Sconce" from 4/L5.4
2. Large Bollard: The "Bollard Light - Large" shown in 2/L5.2 is a custom redwood bollard with the "Pitch Single Wall Sconce" from 4/L5.4 installed on the bollard.
3. Small Bollard: The "Bollard Light - Small" shown in 1/L5.2 is a custom-made redwood bollard crafted on-site with the "Dreamscape Light Wedge" from 3/L5.4 installed on the bollard. ("Dreamscape Light Wedge" is only used on the bollard, not on buildings).
For the single family units, exterior lighting is proposed on the first story of each building at the front, rear and side elevations in the form of a down shielded, wall mounted sconce.
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For the BMR buildings, this same wall mounted scone is also proposed at the first story at the sides and rear of each building. For both the single family and BMR lots, down shielded, bollard mounted sconces are proposed in the front of the lots near the roadway.
The proposed lighting is all dark sky compliant and is consistent with the Town’s Outdoor Lighting Ordinance. Homes are proposed to be equipped with wall mounted exterior downlit, wall sconces. Any lights at site/public areas are proposed to be controlled by an automatic time switch or an astronomical time clock. The proposed exterior lighting plan is summarized in the table below.
Fixture Image No. Lumens Dark Sky
Compliant
Comments
Pitch
Single Wall
Sconce 108 823 Yes
Building Mounted. 3
per single family
building at front, rear
and side. 9 per BMR
building at sides and
rear. Manufacturer
“Tech Lighting”
Large
Bollard
12 823 Yes
Exterior sconce, large.
At entry points, common
private open space,
front of BMR lots.
Manufacturer “Tech
Lighting”
Small
Bollard
30 120 Yes
Exterior sconce, small.
Located on bollards in
front of residential and
BMR lots. Manufacturer
“Dreamscape”
The exterior lighting plan and details are shown on sheet L5.1 and L5.2 in Attachment 5b.The project’s licensed landscape architect has submitted a certified statement that the proposed landscape lighting is shielded, downlit and meets dark sky guidelines (see Attachment 3i).
The exterior lighting plan and details are shown on sheet L5.1 and L5.2 in Attachment 5b.The project’s licensed landscape architect has submitted a certified statement that the proposed landscape lighting is shielded, downlit and meets dark sky guidelines (see Attachment 5i).
Fences and Walls
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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 singlefamily lots for security without obscuring views. Retaining walls are located at the sides and/or back of some single-family lots as necessary to result in generally flat lots. These retaining walls are a maximum of 3 feet high. Tiered retaining walls are located at the back of the multi-family lots (towards Alpine Road) that would be a maximum of 4 feet high on the lower tier and 30 inches high on the higher tier. The applicant has not prepared a color rendering for the proposed fences and retaining walls.
Trails and Open Space
The Open Space and Permanent Maintenance Road Area described above, encompasses 64.4 of the 75.2 total project site. This Area is proposed to remain as open space with no future development and would include the proposed new and improved existing trails, as well as a new future, permanent fire maintenance access road. Some portions of the proposed trails would be located both on the Residential Development Area of the site. As noted, 64.4 acres (or 87%) of the total project site is proposed to be preserved as open space, which the Town would require some type of legal instrument recorded against this section of the property, prohibiting any future development.
Stanford proposes new public recreational trail routes totaling approximately 1.2 miles in length and with all new trail segments 6 feet in width in accordance with Town trail standards. These trail routes are noted as improvements to the existing Alpine Road Trail along the property frontage and the new Portola Terrace looped trail, which is situated to be constructed along the western edge of the development area (in the open space area behind Lots 1 -14), connecting to the existing equestrian trail along Alpine Road. The trails within the private property boundaries would remain under Stanford’s ownership, but be available for public use. Stanford proposes to construct all trails concurrently with the proposed residential development if approved. The applicant has indicated that the proposed trail routes were developed in the attempt to be equivalent to the identified trail routes in the Town’s adopted General Plan Trail Map (Attachment 5d), while also overlaying this map over a detailed topographic project site map that resulted in the proposed trail system that made some alignment variations based on:
(1) routes to avoid extreme slopes.
(2) routes to avoid features like potential wetlands and potential riparian corridors.
(3) routes to avoid a potential increased risk of wildfires.
Please see within Attachment 5d, a map showing Stanford’s proposed trail route system overlaid with the conceptual General Plan Trail map to see the variation in trail alignments. “Habitats Map”, H.T. Harvey and Associates, dated August 2020 which identifies
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Stanford’s proposed trails in context to riparian corridors, in which Stanford states, was considered in their proposed trail in attempts to avoid disturbance of more sensitive habitats on the site.
The new proposed Portola Terrace looped trail connects to the Alpine Road trail at two separate locations, making it accessible from either the north or south. Stanford proposes that this looped trail is equivalent to the routes shown on the General Plan Trails Map, is environmentally sensitive by avoiding existing drainage courses that could potentially be considered wetlands or riparian corridors, avoids extremely steep hillside areas as conceptually shown on General Plan Trail Map which also may affect existing drainage courses and require disturbances on the hillside that significantly would disturb the natural conditions of terrain and vegetation, and would not provide for a looping back to the lower Portola Terrace trail segment.
It is noted that the General Plan Trail Map is an illustrative map that shows conceptual trail routes identified as part of the Town’s long-term vision. It did not likely benefit from the specifics of a detailed topographic map (showing specific elevations/slope percentages), nor specific physical site condition maps (detailing exact locations of trees, riparian corridors, waterways, etc.) when potential future trail segments were identified and it was originally adopted.
The existing Alpine Road Trail is situated along the frontage of the project site, some of which encroaches within the private property of the project site. As part of the proposal, Stanford is proposing to improve this existing equestrian trail route along the property frontage, as well as the part of this trail within the public right-of-way which extends beyond the project site to the east, beyond the property boundary and fronting the adjacent property westward towards Witheridge Road. Related, Stanford is proposing to dedicate the portions of the existing Alpine Road trail that meander onto Stanford’s property to the Town, through the form of a permanent access easement.
State Density Bonus Law (SDBL)/ Below Market Rate (BMR) Affordable Housing Plan and Affordable Housing Agreement
The State Density Bonus Law (SDBL) was adopted to incentivize private developers to build affordable housing to satisfy the Town’s Regional Housing Needs Assessment (RHNA) requirement. The project requires an Affordable Housing Agreement in compliance with both State Density Bonus Law (SDBL) and Chapter 18.17 of the Municipal Code. Additionally, the applicant is requesting approval of the proposed BMR Affordable Housing Plan.
The Town’s Housing Element of the General Plan and Zoning Ordinance requirements establish residential land use densities for all parcels within Town boundaries. As noted above, the maximum allowable density of the project site is 30 total units consisting of
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eighteen (18) single-family units and twelve (12) multifamily affordable units. The applicant is proposing to provide the twelve (12) units as affordable. Of those, the applicant would set aside six (6) units (or 20 percent of the total units) for low-income households (the income limits for the remaining units has not been determined yet). SDBL allows an applicant to utilize only one affordability category for determining the density bonus. By setting aside 20 percent of the total units as low income, the applicant is entitled to a 35 percent density bonus, which equates to eleven (11) additional market rate units. The applicant is only proposing nine (9) additional market rate units for a total project of thirtynine (39) units. Through the application of State Density Bonus Law, 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.
In addition to increased density for the provision of 20 percent low income units, the proposed project is entitled to two incentives/concessions. An incentive/concession is a reduction in a site development standard or a modification of a zoning code requirement or architectural design requirement that results in identifiable and actual cost reductions to provide for affordable housing costs. The applicant is requesting as an incentive 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. As the second incentive, 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.”
Additionally, pursuant to State Density Bonus Law, an applicant may be entitled to an unlimited number of waivers. A waiver is a reduction in a development standard (e.g. height, setback requirement, etc.) that if applied without modification would physically preclude construction of the proposed project. The applicant is requesting a waiver of the following:
● Municipal Code section 18.44.050(C) requiring specified spacing between main buildings in a residential planned unit development.
● Municipal Code section 18.48.010 establishing maximum floor area requirements. ● Municipal Code 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.
Lastly, 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
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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. Please see Attachment 16 for a more detailed general discussion of State Density Bonus Law and its applicability to this proposed project.
The applicant has proposed a Below Market Rate (BMR) Affordable Housing Plan - see Attachment 5o. The twelve (12) multifamily affordable units are proposed to be dedicated as Below Market Rate (BMR) deed restricted rental units; six (6) of which are proposed to be restricted to households of low income and six (6) of which are proposed to be restricted to households of moderate income as set for San Mateo County and adjusted by household size. Household income levels are defined by the Department of Housing and Community Development (HCD), Division of Housing Policy Development annually by county. Other details of the proposed BMR Housing Plan include:
● Stanford would construct all affordable units on the Property, and operate the affordable units subject to oversight by the Town (or its designee). The “designee” allows the Town the right to contract with a third-party affordable housing organization or the like to manage the BMR units.
● The BMR units would be reserved and priced for low and moderate income households for a term of 55 years.
● The 12 units are to be located in three (3) buildings entitled BMR Building A, Building B, and Building C; situated in the center of the residential development site, with the front of the buildings facing inward towards the new looped road, and the back of the buildings facing Alpine Road. Each BMR multifamily building would contain two studio units (approximately 475 SF each), one 1-bedroom unit (approximately 600 SF), and one 2-bedroom unit (approximately 975 SF). ● The BMR units will have rents established by a percentage of the Area Median Income for San Mateo County, adjusted for household size appropriate for the unit, in accordance with State law.
● In selecting tenants for the BMR units, priority for occupancy of all BMR rental units to eligible households with members who live or work in the Town. BMR unit application opportunities will be marketed first to Portola Valley residents and then develop a marketing plan that addresses this goal.
● The Town or its designee will be entitled to review Stanford’s Waiting List to verify compliance with qualification requirements for BMR rental units. ● Each BMR rental unit will be offered the opportunity to enter into a lease for a minimum term of one (1) year. When a unit is vacated, it will then be re-rented to
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a qualified BMR tenant in accordance with these Guidelines and the Affordability Restriction Agreement recorded against the BMR rental units. ● BMR units will require an annual recertification to certify household income. ● An Annual Report is required to be submitted to the Town detailing the name of the eligible tenant, the rental rate and the income and household size of the occupants, as well as 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.
● Subleasing by the tenant of any BMR unit is prohibited.
Additional discussion and analysis of SDBL and the applicant’s proposed BMR Affordable Housing Plan and Agreement is included below.
(C) Environmental Impact Report (EIR)
In compliance with the California Environmental Quality Act (CEQA), an environmental analysis has been prepared for the proposed project. Under CEQA, the Town serves as the lead agency in the preparation of an Environmental Impact Report (EIR). The purpose of an EIR is to inform decision makers and the general public about the environmental effects of the proposed project. The Town retained Lamphier Gregory, environmental consulting firm, to complete an independent review of the application on behalf of the Town in compliance with CEQA and prepare the EIR. The EIR includes technical analyses on resource topic areas related to biological resources, cultural resources, geologic and hydrological considerations, wildfire risk, visual impacts, air quality and greenhouse gas emissions, construction noise, and traffic. An EIR is intended to identify any significant environmental effects of the project and further identify any mitigation measures (similar to conditions of approval) that may be available to avoid and/or significantly reduce the impact. Such mitigations are integrated into a Mitigation Monitoring and Reporting Program (MMRP) which is a matrix of all proposed mitigation measures that clearly explains its objectives and specifically how it will be implemented, who is responsible for its implementation, where and when it will occur.
The Town Council has ultimate responsibility in making a determination to certify the EIR, or not, while the Planning Commission is responsible for providing a recommendation to the City Council as whether or not to certify the EIR A certification is an official position taken by the Town Council indicating that the EIR has complied with CEQA for the identified project. Certification of the EIR, does not approve or deny a project, but rather concludes that certification of an EIR has been completed in compliance with CEQA, and discloses whether the project would or would not have an effect on the environment.
The EIR process began in January 2020, with release of the Draft EIR (DEIR) in March 2022, which was the first iteration of the environmental analysis and in which public comment was taken from the community, including a Planning Commission public meeting
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in May 2022 to receive comments on the DEIR. On August 27, 2024 a Final EIR (FEIR) was released and is available for public review on the Town’s webpage, as well as hard copies at both Town Hall and the Town Library (see Exhibit A of Attachment 1, FEIR).
See Exhibit B of Attachment 1 for the prepared DEIR and Exhibit D of Attachment 1 for the MMRP. See further discussion regarding the EIR under “DISCUSSION” below. (D) Planning Commission Action
On November 4, 2024 the Planning Commission held a duly noticed special meeting to consider making a recommendation to the Town Council whether to (1) certify (or not) the Environmental Impact Report and (2) whether to approve (or not) the Conditional Use Permit (CUP) to establish a Planned Unit Development (PUD), the Vesting Tentative Map (VTM), Architectural Review and Site Development Permit associated with the proposed project. The Planning Commission took the following actions:
1. Voted 2-1 (2 recused) to adopt Planning Commission Resolution 2024-04 recommending that the Town Council certify the Environmental Impact Report (EIR). See Attachment 3.
2. Voted 3-0 (2 recused) to adopt Planning Commission 2024-05 recommending that the Town Council approve the Conditional Use Permit (CUP) to establish a Planned Unit Development (PUD), the Vesting Tentative Map (VTM), Architectural Review and Site Development Permit subject to two (2) additional recommended conditions of approval and a series of discussion items for the Council to consider.
See Attachment 4. As detailed in Attachment 4, Planning Commission Resolution 2024-05 the Planning Commission recommended two (2) additional conditions of approval as well as a series of items for the Council to discuss in which the the Planning Commission had much deliberation on, but did not necessarily reach consensus. These are summarized below.
Planning Commission Recommended Conditions of Approval
● The Planning Commission recommended that an additional condition of approval be added that states, “The proposed open space and trails plan shall be updated to include details allowing public access to the fire maintenance road for pedestrian access only.” Staff finds that this condition would not conflict with any of the identified General Plan General Plan Goals, Policies, and Objectives as noted in Attachment 17, thus has incorporated this as condition 6a in Exhibit B of Attachment 2.
● The Planning Commission recommended that an additional condition of approval be added that states, “Prior to issuance of the Final Map, the applicant shall submit an operational traffic analysis, evaluating the project’s ability to comply with the Wildland Urban Interface Fire Evacuation Plan, dated June 12, 2024 and evaluating potential Alpine Road street improvements including, but not limited to, the construction of a new left turn lane into the development site, to the satisfaction of the Planning and Building Director, Town Engineer, and Fire Marshal but the applicant would not necessarily be responsible for the cost, implementation and construction of any identified improvements.” A supplemental memorandum prepared by the transportation consulting firm Hexagon Transportation
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Consultants, has been prepared following the Planning Commission meeting to provide some background information on this recommendation and is included as Attachment 19. In summary, while the memo notes that there would be no adverse effect on traffic operations to provide a center turn lane or a right-turn lane at the project driveways, it further concludes from a prepared left turn lane analysis shows that a center turn lane or a right-turn lane would not be warranted at the project driveways because the project generated traffic would not meet the thresholds. Thus since it is concluded such changes are not warranted from threshold standpoint, staff has not incorporated this as a draft condition in Exhibit B of Attachment 2. and further states, conversely,.
Stanford has provided a written response to the above recommendations given by the Planning Commission; see Attachment 15.
Planning Commission Items Recommended for Council Discussion.
The Planning Commission had detailed discussion and deliberation on the following topics that they directed be shared with the Town Council for consideration of further discussion.
Each topic notes whether or not the Commission concluded their discussion with consensus or not. Per direction of the Commission, these discussion points are also included in Attachment 4, Planning Commission Resolution 2024-5. Stanford has provided a written response to the discussion and direction given by the Planning Commission; see Attachment 15.
● Review the recommendation of the ASCC to move the entire residential development 25 feet to the south or other such distance to the south/southeast to provide greater distance from the adjacent single family properties to the north, noting no Commission consensus reached on this discussion. ● Review adding additional on-site guest parking with removal of Tree #557 and/or with other site locational revisions, without removing any of the proposed on-site parking spaces, noting Commission consensus reached on this discussion. ● Review widening the driveways for the single family homes without blocking garage access, noting Commission consensus reached on this discussion. ● Review making the new looped two-way roadway with two (2) proposed access points on and off of Alpine Road only accessible from one (1) access point on and off of Alpine Road, install a new emergency access gate at the second access point to allow for emergency vehicle access only, and create a vehicle turn around area with sufficient area for garbage/recycling, delivery and other lager trucks at the terminus where the emergency access gate is to be installed noting no Commission consensus reach on this discussion.
● Review the open space easement language so that it does not prohibit the ability for the project site to have the potential to develop the two (2) additional residential units as allowed by State Density Bonus Law (SDBL) on the project site or to rezone the property in the future, noting no Commission consensus reached on this discussion.
Additionally there was much discussion at the meeting regarding the existing non-CEQA prepared Traffic Study, Appendix I of Attachment 1b. In order to address the questions of the Commission on this study, the EIR traffic engineering consultant, Hexagon, prepared
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a supplemental memorandum addressing the following three issues/questions raised at the Planning Commission meeting, see Attachment 19.
● Questions on whether there should be turn lanes for safety? There was discussion that included a center lane from which to make left turns into or out of and/or a right turn lane. See Attachment 18 for Hexagon’s response on whether turn lane(s) warranted and if there would be a negative to implementing them if not warranted. ● Questions on whether one of the access points could be gated for emergency vehicle access only, understanding that this would require a cul-de-sac for turnarounds. See Attachment 18 for Hexagon's response as to what would the result of that be with respect to safety of the remaining intersection and need for turn lanes.
● Questions on whether the November 2019 traffic data informing the EIR was "too old". The EIR consultant indicated that in their professional experience, traffic levels in the Bay Area are not yet or just now reaching pre-pandemic levels. See Attachment 18 for Hexagon's response in providing any data showing a comparison of traffic levels between Nov 2019 and now, noting where/when is that data from and if traffic levels may have gone up in the vicinity, would that change answers to the above.
Attachment 19 summarizes that by creating only one access point for project vehicle traffic, the driveway would still operate adequately and would not result in the need for turn lanes. Thus, in summary of the Planning Commission Items Recommended for Council Discussion noted above, staff is recommending one (1) item be included as additional condition of approval; closing off one of the two proposed project vehicular access points to be gated for emergency access only and the addition of turnaround area that could accommodate larger vehicles. This has been added as Condition #18, within Exhibit C of Attachment 2.
(E) Reviewing Agency / Committee Recommendations
Comment letters and/or reports from the following Development review Departments and Town Advisory Committees are included as Attachments 6 through 11 of this report.
DEVELOPMENT REVIEW DEPARTMENTS
Reviewer Concerns/
Conditions
Recommend
Approval
Applicant Response
Woodside Fire
Protection District
See Attachment 8 Conditional
Approval
Requirements will be addressed
during building plan check
Town Engineer
(NV5)
See Attachment 7 Conditional
Approval
Requirements will be addressed
during building plan check
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Town Geologist
(CSA)
See Attachment 6 Conditional
Approval
Requirements will be addressed
during building plan check
TOWN ADVISORY COMMITTEES
Reviewer Recommendations Applicant Response
ASCC Recommends approval
with additional conditions.
See Attachment 12 and
below
See Attachment 14
Subdivision Committee Series of
recommendations. See
Attachment 11b
See Attachment 14
Conservation Committee See Attachment 9 See Attachment 14 Trails and Path Committee See Attachment 10 See Attachment 14 The applicant has provided a written response to each of the recommendations set forth by the 3 town advisory committees (the Subdivision, Conservation and Trails and Path); see Attachment 14.
On November 4, 2024 the ASCC held a public meeting to consider making a recommendation to the Planning Commission The ASCC voted unanimously to recommend approval of these components of the project with the following six (6) additional conditions of approval, noted below. Following each additional recommended condition of approval, staff has noted whether the recommended additional ASCC condition of approval was or was not added to the draft Conditions of Approval provided to the Planning Commission at their November 18, 2024 special meeting. .
1. Revise plans move the entire residential development 25 feet to the south.
Condition not added. A “Larger Setback” was an alternative analyzed as part of the DEIR which considered moving the development 100 feet from the northern property line . In summary, the DEIR concludes that the proposed Project is marginally preferable to this alternative from an environmental perspective because the “Increased Setback” Alternative would have the same or marginally
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increased environmental impacts in all respects. See also Attachment 14, applicant’s response.
2. Revise plans to make the proposed fire maintenance access road part of the proposed new, on-site trail system.
Condition not added. See Attachment 14, applicant’s response.
3. Revise plans to make a new trail connection from the terminus end of the proposed fire maintenance access road down to the existing Alpine Road trail.
Condition not added. Adding a trail from the proposed fire maintenance access road could potentially cut through existing vegetation and potentially riparian corridor(s) and other biological sensitive areas. See also Attachment 14, applicant’s response.
4. Revise the landscaping plan to be less formal, more natural, and have the applicant work with a subcommittee of the ASCC prior to building permit issuance.
Condition added.
5. Revise the plans to include an overflow parking area and have the applicant work with a subcommittee of the ASCC prior to building permit issuance.
Condition not added. See Attachment 14, applicant’s response.
6. Revise the double tiered retaining walls behind the BMR buildings to be single tier.
Condition not added. See Attachment 14, applicant’s response.
DISCUSSION
In considering taking action on the Environmental Impact Report (EIR) and all of the requested project approvals / entitlements, the Town Council should consider the following findings in accordance with State Law and the PVMC. The findings and/or requirements are listed below in bold, followed by a brief analysis of how the project is found to meet each finding.
Environmental Impact Report (EIR) and the California Environmental Quality Act (CEQA)
Section 14.04.010 of the PVMC requires that the Town shall follow the state guidelines for implementation of the California Environmental Quality Act (CEQA), 14 California Code of Regulations, Chapter 3, Sections 15000, et seq., as they may be amended from time to time, in evaluating projects and conducting environmental review. not have an effect on the environment. Pursuant to CEQA Guidelines § 15090(a), the EIR shall be presented to the Planning Commission of the Town, and the Planning Commission shall review and consider the information contained in the EIR prior to making any findings as to support a
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recommendation to the Town Council to certify the EIR (or not). The conclusions presented in these findings are based upon the EIR and other evidence in the administrative record. These findings can be Exhibit C of Attachment 1.
Based on the analyses, the Draft Environmental Impact Report (DEIR) concluded that with mitigation, all potentially significant environmental impacts would be reduced to a lessthan-significant level. Potential impacts involve Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Transportation, and Wildfire.
Following the closure of the DEIR review period a Final Environmental Impact Report (FEIR) was prepared. The FEIR for the proposed Portola Terrace project includes written response to received public comments on the DEIR (See Exhibit A of Attachment 1) and also includes text revisions (additions and/or changes, including corrections) to the DEIR (Exhibit B of Attachment 1). The DEIR text revisions within the FEIR include clarifying language regarding intent, consistency and other non-substantive changes, but none of the corrections and additions constitute “significant new information” as defined by CEQA Guidelines Section 15088.5. “New information” is “not significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement). At the Planning Commission November 18, 2024 meeting there was a late written public comment received regarding concerns on Geology, and a subsequent summary memo prepared by the CEQA EIR consultants addressing this comment and noting none of the information in this late comment lettre would be considered “significant new information” under section 15088.5 of the CEQA Guidelines; therefore, no recirculation or re-issuance of EIR documents would be required.
In summary, the FEIR continues to conclude that any environmental impacts identified to potentially have a significant effect on the environment, can be reduced to a level of insignificance upon implementation of specific identified mitigation measures. Resource topic areas identified to have potential impacts to the environment, but through implementation of identified mitigations measures would reduce the impacts to less than significant include; air quality, cultural resources, geology and soils, hydrology and water quality, transportation and wildfire. A Mitigation Monitoring & Reporting Program (MMRP) has been prepared which is a matrix describing the proposed mitigation measures, responsibility, and timing of implementation. A draft MMRP is included as Exhibit D of Attachment 1. It is important to note that certification of an EIR does not approve or disapprove a project, but rather concludes that the EIR has been completed in compliance with CEQA, and discloses whether the project would or would not have a significant effect on the environment.
Conditional Use Permit (CUP) / Planned Unit Development (PUD) Section 18.44.040 of PVMC requires issuance of a Conditional Use Permit (CUP) to allow for the establishment of a Planned Unit Development (PUD) in consideration with the findings as specified in Section 18.72.130. In addition, Sections 18.44.050 and 18.44.060 of the PUD Ordinance provide additional specific requirements for PUD’s to comply with.
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Town Council Consideration of EIR and Project Entitlements
Both these CUP findings, and PUD requirements are listed below in bold, followed by a brief analysis of how the findings can be met.
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 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. 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 Approval and those specific conditions of approval as recommended by all Town development department directors. Mitigation measures and conditions of approval would ensure
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Town Council Consideration of EIR and Project Entitlements
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.
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Town Council Consideration of EIR and Project Entitlements
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.
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Town Council Consideration of EIR and Project Entitlements
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 slopeintensity 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 preservation of natural features than could otherwise be achieved, while still maintaining privacy
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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.
3530 Alpine Road - “Portola Terrace”
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Town Council Consideration of EIR and Project Entitlements
PUD Requirements
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 single-family 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
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Town Council Consideration of EIR and Project Entitlements
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 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 onsite 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
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Town Council Consideration of EIR and Project Entitlements
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 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
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Town Council Consideration of EIR and Project Entitlements
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 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
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Town Council Consideration of EIR and Project Entitlements
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.
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 multi-family housing on “institutional” sites for employees and staff affiliated
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Town Council Consideration of EIR and Project Entitlements
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 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
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Town Council Consideration of EIR and Project Entitlements
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.
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
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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) multi-family units. Of those, 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 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, 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.
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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.
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.
Vesting Tentative Map
Section 17.20.180 B of the PVMC, which states approval of any tentative map shall be denied if any of the following findings are made. The Vesting Tentative Map findings are listed below in bold, followed by a brief analysis of how the project is found to not meet each finding.
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
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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 slopeintensity 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 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 18, “Identified General Plan Goals, Policies, and Objectives” for a summary and basis for finding in Item 1. above. The proposed design and associated 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 17, FIA).
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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 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
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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.
Architectural Review and Site Development
Section 18.64.060 of PVMC outlines criteria/findings for approval of architectural and site plan review applications. The findings are listed below in bold, followed by a brief analysis of how the findings can be met. The findings are listed below in bold, followed by a brief analysis of how the findings can be met.
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 states 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
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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 5l, “Arborist Reports” which includes a summary of the trees inventoried, their size, condition, disposition, project impact and other condition notes, as well as Sheet C4.1 and C4.2 "Tree Dispositions" of Attachment 5b, 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 are 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.
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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.
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
Pursuant to Section 18.64.045 of the PVMC, the Town’s Design Guidelines are consistent with provisions of Sections 18.64.050 and 18.64.060 of PVMC but are in greater detail.
The Design Guidelines are used in review of all applications pursuant to Section 18.64.040 of PVMC.
The Guidelines include review criteria for three main aspects of a project: site design, architectural design, and landscape design. Under these main aspects, the Guidelines provide additional principles for certain aspects of the project. These principles are discretionary and subject to interpretation by the reviewing body. Staff’s analysis of how the project complies with the three main aspects and underlying principles is discussed below.
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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-foottall 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. 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.
State Density Bonus Law/Below Market Rate (BMR) Housing Plan and Agreement State Density Bonus Law (SDBL) applies to allow for the project as described above.
Application of SDBL, as well as the proposal for a Below Market Rate Housing Plan and Agreement are subject to compliance with State Law Government Code Section 65915 authorizing density bonuses, concessions and incentives and waivers, and Chapter 18.17 of the PVMC for qualifying affordable housing projects.. Staff has offered a brief analysis
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of how a noted finding can be met, or how the project complies and/or is consistent with the stated allowance of SDBL and the PVMC.
Density
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.
Incentives and Concessions.
The Town is required to grant incentives or concessions unless it finds that the proposed concession or incentive does not result in identifiable and actual cost reductions, would cause a specific, adverse impact upon public health or safety or the physical environment, would harm historical property, or would be contrary to law. In addition to increased density for the provision of 20 percent low income units as noted above, the proposed project is entitled to two incentives/concessions. An incentive/concession is a reduction in a site development standard or a modification of a zoning code requirement or architectural design requirement that results in identifiable and actual cost reductions to provide for affordable housing costs. The applicant is requesting the following two (2) incentives:
● 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. ● 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.”
SDBL requires the Town to approve the requested incentive/concession, unless based on substantial evidence in the record it can make any one of three findings:
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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.
Waivers.
Additionally, pursuant to SDBL, an applicant may be entitled to an unlimited number of waivers. A waiver is a reduction in a development standard (e.g. height, setback requirement, etc.) that if applied without modification would physically preclude construction of the proposed project. Waivers shall be granted unless the Town finds that the waiver would have a specific adverse impact upon public health and safety or any property listed on the California Register of Historical Places or would be contrary to federal or state law. The applicant is requesting a waiver of the following. ● Requested Waiver: PVMC Section 18.44.050(C) requiring specified spacing between main buildings in a residential planned unit development.
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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.
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.
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● Requested Waiver: 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.
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.
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● Requested Waiver: PVMC 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.
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 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 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, market-rate 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.
Parking.
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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.
Below Market Housing Plan
The application proposes a Below Market Rate (BMR) Housing Plan, that includes twelve (12) multi-family residential rental units as described above and in detail within Attachment 5o. The project requires an Affordable Housing Agreement (“Agreement”) in compliance with both State Density Bonus Law (SDBL) and Chapter 18.17 of the Portola Valley Municipal Code (PVMC). The Agreement outlines the terms, duration and implementation of the BMR Housing Plan and a legally binding agreement between the Town and the applicant. An Affordable Housing Agreement has been prepared and is included as Exhibit C to Attachment 2, the terms of which demonstrate compliance with this requirement upon review by the Town Attorney.
PVMC Chapter 17 includes the following specific requirements for residential developments of five or more dwelling units and where the applicant agrees to provide low, very-low, senior or moderate income housing units in the threshold amounts specified in SDBL such that the resulting density is beyond that which is permitted by the applicable zoning development applications requesting
● 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.
An affordable housing agreement has been prepared and is included as Exhibit C to Attachment 2, the terms of which demonstrate compliance with this requirement upon review by the Town Attorney.
● 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
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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 be 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.
Additionally, the ability for the proposed BMR Housing Plan to demonstrate consistency with the Town’s Adopted Housing Element should also be considered. It is found that the details as proposed in Attachment 5o, are found to be consistent with the following adopted 2023 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.If the Town Council determines that it cannot make any of the findings noted above, it may recommend additional conditions so that such findings can be met.
PUBLIC COMMENTS
As part of its required noticing process, the Town published a notice in the newspaper and mailed a notice on November 25, 2024 to neighbors within 300 feet of the project. In
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Town Council Consideration of EIR and Project Entitlements
addition, Staff emailed residents and interested parties that requested to be on the interest list of the Town Council hearing.
The applicant has conducted their own community outreach as follows. The website and the fact sheets were updated in Spring 2024 and continue to be updated as new information is available. All the other public outreach efforts have been ongoing for the last few months.
● Updated Stanford Portola Terrace website and fact sheets. ● Email blasts to people who signed up on our website to share committee meeting dates and Town process.
● Created and sent newsletters providing project updates to those who signed up via the Stanford website.
● Participated in one-on-one meetings with community members who requested project updates.
● Regularly updated regional and state community leaders and elected officials about the project.
● Offered to meet in-person or via Zoom with community residents who would like more information about the project.
To-date of this staff report publication, no public comments have been received.
FISCAL IMPACT
All costs required in the processing of this application are incurred by the project applicant.
A Fiscal Impact Analysis (FIA) has been prepared for the project 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 associated with the proposed project (Attachment 17). In summary the FIA concludes 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.
ATTACHMENTS
1. Town Council Resolution No.___ Certification of the Environmental Impact Report (EIR)
Exhibit A: FEIR and responses to comments (available online:
https://www.portolavalley.net/home/showdocument?id=18580&t=638602880 56140745
Exhibit B: DEIR and Technical Appendices (available online:
https://www.portolavalley.net/departments/planning-buildingdepartment/development-projects/stanford/stanford-eir Exhibit C: CEQA Findings
Exhibit D: Mitigation Monitoring and Reporting Program (MMRP)
2. Town Council Resolution No.___ Approval of CUP, PUD, VTM, Arch, SDP, SDBL/BMR Housing Plan and Agreement
Exhibit A: Findings
Exhibit B: Conditions of Approval
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Exhibit C: Affordable Housing Agreement and BMR Housing Plan
3. Planning Commission Resolution 2024-04 Recommending City Council Certification of EIR
Exhibit A: FEIR and responses to comments (available online:
https://www.portolavalley.net/home/showdocument?id=18580&t=638602880 56140745
Exhibit B: DEIR and Technical Appendices (available online:
https://www.portolavalley.net/departments/planning-buildingdepartment/development-projects/stanford/stanford-eir Exhibit C: CEQA Findings
Exhibit D: Mitigation Monitoring and Reporting Program (MMRP)
4. Planning Commission Resolution 2024-05 Recommending City Council Approval of CUP, PUD, VTM, Arch, SDP
Exhibit A: Findings
Exhibit B: Conditions of Approval
5. Project Submittal Materials, dated September 27, 2024 a. Project Narrative
b. Application Plan Set
c. Civil Earthwork Calculations
d. Open Space and Trails Plan
e. State Density Bonus Proposal
f. Vegetation Management and Implementation Plans
g. Impervious Surface Calculations
h. Single Family Home Floor Area Calculations
i. Letter from Landscape Architect and Manufacturers Details j. Geotechnical Reports
k. Cal Water Will Serve Letter
l. Arborist Reports
m. Revised Fire Access Plan, August 22, 2024
n. Resubmittal Civil TM Set
o. Below Market Rate Housing Plan, dated November 27, 2024.
6. Preliminary Comments Town Geologist, dated June 5, 2024
7. Preliminary Comments Town Engineer, dated April 26, 2024
8. Preliminary Comments Woodside Fire Protection District, August 19, 2024 and September 18, 2024
9. Conservation Committee Comments, August 5, 2020
10. Trails and Path Committee Comments, December 12, 2020
11. Subdivision Committee Comments
a. dated October 8, 2019
b. dated October 17, 2024
12. Architectural Site Control Commission Meeting, Draft meeting minutes, November 4, 2024
13. Planning Commission Meeting November 18, 2024 (meeting video available online:
https://www.youtube.com/watch?v=Ojaq624HOz4)
14. Applicant Responses to City Advisory Committees and ASCC Recommendations
15. Applicant Responses to Planning Commission Recommendations and Discussion, dated November 26, 2024
16. Town Attorney Memo on State Density Bonus, dated January 21, 2021
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17. Fiscal Impact Analysis, dated February 5, 2024 (available online:
https://www.portolavalley.net/home/showdocument?id=18578&t=638602880003796 939)
18. Identified General Plan Goals, Policies, and Objectives
19. Response to Planning Commission Traffic Discussion for the Stanford Wedge Housing Project on Alpine Road, prepared by Hexagon, dated November 26, 2024.
Report approved by: Terrence Grindall, Interim Planning and Building Director
1 RESOLUTION NO. 2024-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
CERTIFYINGTHE FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPT THE CEQA
FINDINGS AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PORTOLA
TERRACE RESIDENTIAL DEVELOPMENT PROJECT
SECTION I: PROJECT DESCRIPTION
Application No: File # PLN_ARCH0021-2019
Applicant: Stanford University, John Donahoe
Location: 3530 Alpine Road, APN 077-281-020
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, on September 19, 2019, the applicant submitted 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") on an approximately 75.2 acre site at 3530 Alpine Road, Assessor Parcel Number: 077-281-020; and WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Title 14, Section 15000 et seq. of the California Code of Regulations) (“CEQA Guidelines”) (together “CEQA”), the Town of Portola Valley, as lead agency, prepared an Environmental Impact Report for the Portola Terrace Residential Project (SCH No. 2020010203) (“EIR” or “Final EIR”); and WHEREAS, the City issued a Notice of Preparation (NOP) for the Project to receive comments on the scope of the EIR on January 16, 2020; and
WHEREAS, the NOP was circulated for review and comment by responsible and trustee agencies and the public for 30 days from January 17, 2020 through February 17, 2020; and WHEREAS, a scoping meeting was held on January 30, 2020 to provide agencies and the public the opportunity to comment on the scope and content of the EIR; and WHEREAS, on January 20, 2021 the Planning Commission held an informational study session to allow the public an additional opportunity to provide input on and ask questions about the Project, and received public testimony; and
WHEREAS, on January 25, 2021 the Architectural Site Control Commission held an informational study session to allow the public an additional opportunity to provide input on and ask questions about the Project, and received public testimony; and WHEREAS, on June 30, 2021, the Planning Commission and the Architectural Site Control Commission held a special joint study session for discussion and decision on a story pole and staking plan and discussion of State Density Bonus Laws; and
2 WHEREAS, a Notice of Availability of the DEIR was sent to responsible agencies, organizations, and interested parties on March 29, 2022; and WHEREAS, the Draft EIR, consisting of one volume (plus Appendices), was prepared and issued for public review and comment beginning on March 30, 2022 through May 13, 2022. The Draft EIR was filed with the State Office of Planning & Research under State Clearinghouse No. 2020010203 and filed with the San Mateo County Clerk’s Office; and WHEREAS, on May 4, 2022 the Planning Commission held a special meeting to receive comments on the Draft EIR; and
WHEREAS, the Final EIR Volume was published in August 2024 (Final EIR Volume); and WHEREAS, the Final EIR consists of the August 2024 Final EIR Volume, the March 2022 Draft EIR, written responses to comments received on the Draft EIR, and text revisions that are not considered “significant new information” pursuant to CEQA Guidelines Section 15088.(a)(1)-(5) because these changes would not result in a new environmental impact or a substantial increase in the severity of an environmental impact identified in the Draft EIR, do not involve a considerably different feasible alternative or mitigation measure that would clearly lessen a significant environmental impact that the applicant declines to adopt, or that the Draft EIR was so fundamentally and basically inadequate or conclusory that meaningful public review and comment was precluded; and WHEREAS, the City provided written responses to public agencies that commented on the Draft EIR at least 10 days in advance of certifying the EIR by sending them notice of the availability of the Final EIR Volume, which contains responses to comments; and WHEREAS, all necessary public notices have been given as required by the procedural ordinances of the Town of Portola Valley and the Government Code, and the Planning Commission held a duly noticed public hearing on November 18, 2024 to receive comments on the Final EIR and the Proposed Project, and reviewed and considered the information contained in the Final EIR along with staff reports pertaining to the Project, all other pertinent documents, and all written and oral statements received by the Planning Commission at or prior to the public hearing.
WHEREAS, on November 18, 2024 the Planning Commission adopted Resolution 2024-04, 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, herebyl:
1. Certifies that the Final EIR for the Proposed Project, has been completed in compliance with CEQA and reflects the independent judgment and analysis of the Town as CEQA lead agency and the applicable provisions of the Portola Valley Municipal Code.
2. Finds the information added in the Final EIR does not constitute new significant
3 information requiring recirculation of the EIR.
3. Finds that the Final EIR reflects the City’s independent judgment and analysis and has been found by the Town to be adequate to support the Town’s consideration of the Project entitlements.
4. Adopts the CEQA Findings for the Proposed Project, attached hereto as Exhibit C and incorporated herein by reference.
5. Adopts and makes conditions of approval all of the mitigation measures for the Proposed Project that are within the responsibility and jurisdiction of the Town that are identified in the CEQA Findings.
6. Adopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit D and incorporated herein, for the Proposed Project.
PASSED AND ADOPTED at a regular l 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: Final EIR and Responses to Comments
Exhibit B: Draft EIR and Technical Appendices
Exhibit C: CEQA Findings
Exhibit D: Mitigation Monitoring and Reporting Program (MMRP)
4 Exhibit A: Final EIR and Responses to Comments
Final EIR available at:
https://www.portolavalley.net/home/showdocument?id=18580&t=638602880561407459 Hard copy provided upon request
5 Exhibit B: Draft EIR and Technical Appendices
Draft EIR available at:
https://www.portolavalley.net/departments/planning-building-department/developmentprojects/stanford/stanford-eir Hard copy provided upon request
6 Exhibit C: CEQA Findings
I. INTRODUCTION
The Town of Portola Terrace (“Town”), as the Lead Agency under California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., has prepared the Final Environmental Impact Report for the Portola Terrace Residential Development Project (State Clearinghouse No. 2020010203) (“Final EIR” or “EIR”). The Final EIR is a project EIR pursuant to section 15161 of the State Guidelines for implementation of the CEQA (“CEQA Guidelines”). The Final EIR consists of the May 2022 Environmental Impact Report (“Draft EIR”) and the August 2024 Final Environmental Impact Report (“Final EIR Volume”).
In determining to approve the Portola Terrace Residential Development Project, which is described in more detail in Section II, below, the Council makes and adopts the following findings of fact and adopts and makes conditions of approval the mitigation measures identified in the EIR, all based on substantial evidence in the whole record of this proceeding (“administrative record”). Pursuant to CEQA Guidelines § 15090(a), the EIR was presented to the Planning Commission of the Town, with a request that thePlanning Commission review and consider the information contained in the EIR prior to making a recommendation to the Town Council. The conclusions presented in these findings are based upon the EIR and other evidence in the administrative record.
II. PROJECT DESCRIPTION
The Project site is located at 3530 Alpine Road on a 75.2-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, commonly known as the Stanford Wedge property, is mostly undeveloped and is covered with grasses, shrubs, and trees. The approximately 10.8-acre northeastern portion of the Project site (8% of the total site area) is proposed as the residential area development. Alpine Rock Ranch, a horse boarding facility with stables, currently occupies this portion of the site and would be removed.
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. The approximately 64.4 -acre remainder of the property, not included as part of the development site, is sloped and heavily wooded; it would remain in University ownership and preserved as open space enforceable through a legal instrument to be recorded against the property.
Within the approximately 68-acre open space hillside area, the Project would implement an ongoing Vegetation Management Plan (VMP) to reduce and manage wildfire risk on the property. As a part of these efforts, the Project proposes a permanent fire access road,
7 which would be used for ongoing vegetation management and fire access. A looped public trail is also proposed on this open space hillside, connecting to the existing Alpine Road Trail along the Project’s site’s frontage.
The Town of Portola Valley General Plan designates the Project site as ConservationResidential, and the site is zoned Residential Estate (R-E). The Project site is subject to the 3.5A residential density combining district, the SD-2 slope-density combining district, and the D-R design review combining district. The Housing Element of the General Plan identifies the Stanford Wedge site (Site 40) as one that could accommodate a number of new homes, including affiliated affordable housing, and notes that such development would need to be clustered along Alpine Road given the site constraints. The proposed development is consistent with allowable site density under the Portola Valley General Plan and State Affordable Density Housing Bonus Law due to the amount and type of affordable housing proposed.
As set forth in Chapter 3, Project Description of the DEIR, the Town has identified the following objectives for the Project in coordination with the applicant:
● Maximize single-family housing opportunities in an area the Town has studied and identified for housing.
● Reduce wildfire risk at the site, increase access for fighting wildfires, and contribute to a more fire resilient community.
● Include sufficient affordable housing to make progress toward the Town’s fair share of 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. ● 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.
The EIR identifies standard permit conditions and conditions of approval, which are part of the project description, in addition to identifying mitigation measures to be adopted.
Standard permit conditions are measures required by laws and regulations (primarily, the Town of Portola Valley Municipal Code) or are required to comply with laws and regulations. While standard permit conditions are not mitigation measures, they may assist in reducing environmental impacts. Conditions of approval also are not mitigation measures. They are required of the project by the City, but do not necessarily reduce an environmental impact.
III. ENVIRONMENTAL REVIEW PROCESS
In accordance with Section 15082 of the CEQA Guidelines, the Town of Portola Valley prepared a Notice of Preparation (“NOP”) of an EIR for the Portola Terrace Project. The NOP was sent to state and local responsible and trustee agencies on January 16, 2020.
The 30-day comment period concluded on February 17, 2020. The NOP provided a description of the project and identified probable environmental effects that could result from implementation of the project. The City also held a public scoping meeting during the comment period on January 30, 2020 to discuss the project and solicit public input as to
8 the scope and content of the EIR. The meeting was held in the Historic Schoolhouse 765 Portola Road, Portola Valley.
The City prepared the Draft EIR for the Portola Terrace Project in compliance with CEQA and the CEQA Guidelines. The Draft EIR was circulated for public review and comment for 45 days from March 30, 2022 through May 13, 2022. During this period, the Draft EIR was available to the public and local, state, and federal agencies for review and comment.
Notice of the availability and completion of the Draft EIR was sent directly to every agency, person, and organization that commented on the NOP, as well as to the Office of Planning and Research. Written comments from public agencies, organizations and individuals concerning the environmental review contained in the Draft EIR were sent to the Community Development Department of the Town of Portola Valley during and after the 45-day public review period on the Draft EIR. The City also held a Planning Commission meeting on May 4, 2022, to take written and oral comments on the Draft EIR.
The Draft EIR analyzed implementation of the Project; the proposal to 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. The approximately 68-acre remainder of the property, which is open space hillside area, the Project would implement an ongoing Vegetation Management Plan (VMP) to reduce and manage wildfire risk on the property. As a part of these efforts, the Project proposes a permanent fire access road, which would be used for ongoing vegetation management and fire access. A looped public trail is also proposed on this open space hillside, connecting to the existing Alpine Road Trail along the Project’s site’s frontage. It also analyzed three project alternatives: (1) No Project (2) Larger Setback From Nearby Lots and (3) No Clustering. This proposed project is described in the FEIR as “Modified Alternative 2” and is herein referred to as the “Proposed Project.” IV. FINDINGS
These findings summarize the environmental determinations of the EIR about project impacts before and after mitigation, and do not attempt to repeat the full analysis of each environmental impact contained in the EIR. Instead, these findings provide a summary description of and basis for each impact in the EIR, describe the applicable mitigation measures identified in the EIR, and state the City’s findings and rationale therefore on the significance of each impact with the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the EIR, and these findings hereby incorporate by reference the discussion and analysis in the EIR supporting the EIR’s determinations regarding mitigation measures and the Project’s impacts.
In adopting mitigation measures below, the City intends to adopt each of the mitigation measures identified in the Final EIR. Accordingly, in the event a mitigation measure identified in the Final EIR has been inadvertently omitted from these findings, such mitigation measure is hereby referred to, adopted, and incorporated in the findings below by reference. In addition, in the event the language of a mitigation measure set forth below fails to accurately reflect the mitigation measure in the Final EIR due to a clerical error, the language of the mitigation measure as set forth in the Final EIR shall control unless the language of the mitigation measure has been specifically and expressly modified by these findings.
9 Section V, below, provides brief descriptions of the impacts the Final EIR identifies as less than significant with adopted mitigation. These descriptions also reproduce the full text of the mitigation measures identified in the Final EIR for each significant impact.
V. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FINAL EIR THAT ARE REDUCED
TO A LESS-THAN-SIGNIFICANT LEVEL BY MITIGATION MEASURES ADOPTED
AND MADE CONDITIONS OF APPROVAL
The Final EIR identifies the following significant impacts associated with the Proposed Project. It is hereby determined that the impacts addressed by these mitigation measures will be mitigated to a less than significant level or avoided by making these measures conditions of approval for the Project. 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.
A. Impact Air-1: Construction Period Dust and Emissions. Construction activities would generate exhaust emissions from vehicles and equipment and fugitive dust particles that could affect local air quality.
The EIR finds that construction activities would generate exhaust emissions from vehicles and equipment and fugitive dust particles that could affect local air quality. Construction emissions for all stages of construction were estimated using the most recent version 2016.3.2 of the California Emission Estimator Model (CalEEMod), the land-use model recommended by the BAAQMD for CEQA analyses, as updated with the most recent emissions factors (EMFAC2017). Sources of general construction emissions include offgassing from pavement and architectural coating, exhaust from off-road and on-road construction vehicles and equipment, and fugitive emissions (dust) associated with site grading (see full report in Appendix C of DEIR for detailed methodology, inputs, and results). As shown in Table 6.3 in the DEIR, predicted construction period emissions would not exceed the applicable BAAQMD significance thresholds.
Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust in the form of PM10 and PM2.5. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils.
Unless properly controlled, vehicles leaving the site would deposit mud on local streets, which could be an additional source of airborne dust after it dries. BAAQMD does not have a quantifiable threshold of significance for fugitive dust impacts, but instead regards fugitive dust impacts as mitigated if appropriate management practices are implemented, as included in Mitigation Measure Air-1.
Implementation of Mitigation Measure MM Air-1, set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by reducing construction period dust and emissions thereby not contributing to a cumulatively considerable net increase in any criteria pollutant under applicable federal or state ambient air quality standards.
MM 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”.
10 ● 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 mile 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 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. ● Post a publicly visible sign 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.
B. Impact Bio-1: Impacts on Special-Status Plants. While there are no specialstatus plant species in the Residential Development Area, ten species have the potential to occur on the remainder of the site and could be impacted by construction and use of the fire access road and hiking/equestrian trails and/or vegetation management activities.
The EIR finds that eight special-status plant species were thought to have some potential to occur within the Residential Development Area: bent-flowered fiddleneck, western leatherwood, woodland woollythreads, Santa Cruz clover, California androsace, Oakland startulip, bristly leptosiphon, and California bottle-brush grass. None of these eight species, nor any other special-status plants, were observed within the Residential Development Area of the Project site during either the reconnaissance survey or focused rare plant surveys during the flowering periods of the aforementioned species and therefore no impacts to special-status plant would occur on the Residential Development Area.
However, there is the potential for ten special-status plant species to occur in the remainder of the site that would be disturbed by construction of the fire access road, construction of the hiking/equestrian trails, and implementation of the VMP. These species include the above listed eight species plus Michael’s rein orchid or Brewer’s calandrinia.
11 If these species are present, grading for the fire access road or hiking/equestrian trails could impact special-status plants through:
● direct removal/destruction of individuals; permanent loss of habitat due to construction of the road and/or trails;
● temporary disturbance of habitat in areas adjacent to the road and/or trails that would be subject to grading;
● degradation of suitable habitat due to alteration of hydrology and soil compaction; ● introduction of non-native species (e.g., seeds introduced to the activity area as a result of contaminated machinery, equipment, or clothing), which can threaten native plant species through competition for resources and the physical or chemical alteration of the habitat; and ● minor fuel and oil spills that may occur during refueling of construction equipment.
In a similar fashion, proposed vegetation management activities, such as mastication, chipping, and/or tilling of vegetation could impact special-status plants through:
● direct removal or destruction of individuals,
● alteration of sun/shade microhabitat near the currently suitable habitat due to tree removal, or
● covering of occupied habitat in a layer of vegetation debris causing the habitat to become unsuitable.
● Temporary impacts could also include dust deposition on the leaves of rare plants, affecting photosynthesis and gas exchange, or trampling that does not kill the plants or prevent seed set.
Impacts from vegetation management activities may be permanent if habitat conditions are disturbed to the extent that conditions for special-status plants are no longer suitable, or they may only be temporary, with plants regrowing or recolonizing after initial vegetation management activities. The VMP Implementation Plan indicates how treatment would occur in high- priority areas without ground- disturbing activities, and with implementation of other measures to minimize impacts on special-status plants. For example, if wood-chipping is necessary as part of these initial treatment activities, wood chips would be distributed so that they are no more than 1 inch deep to allow seed germination and growth of special-status plants.
If more than 10% of the population of any CRPR List 1B species, or more than 20% of the population of any CRPR List 4 species (“population” referring to the occurrence on the Project site) would be impacted by construction of the fire access road and hiking/equestrian trails, and/or implementation of vegetation management activities, this impact would be significant under CEQA due to the regional rarity of these species. These percentages were selected based on the rarity of the species and related percent of the population that could be impacted without affecting the viability of that population.
Implementation of Mitigation Measures MM Bio-1a, Bio-1b, and Bio-1c set forth below, which arehereby adopted and incorporated into the project, would reduce the impact to a less-thansignificant level by requiring pre-grading surveys of special status plants, identification of redesign and/or avoidance if special status plants are identified, and development of a Habitat Mitigation and Management Plan (HMMP) as warranted to prevent substantial adverse impacts to any special status plant species.
MM Bio-1a: Survey (outside the Residential Development Area): Special-Status Plants.Prior to the initiation of grading for the fire access road and/or hiking/equestrian trails, or the
12 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:
● 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 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 aboveaverage precipitation. Alternatively, these surveys may be conducted in a year of belowaverage precipitation and the surveyor should attempt, if possible, to identify a nearby reference population that is flowering and detectable despite the below-average 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.
MM BIO-1b: Avoidance and Minimization: Special-Status Plants. If any individual specialstatus 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 special-status 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.
MM BIO-1c: Compensatory Mitigation if Avoidance is Infeasible: Special-Status Plants. If,
13 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. 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 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 high-quality 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 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);
● 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.
C. Impact Bio-2: Loss of Individual California Red-legged Frogs. While there is no breeding habitat on the Project site for the California red-legged frog, there is the potential for infrequent individuals to visit the site and these could be impacted directly or indirectly by construction, operation, and vegetation management activities. Despite the low potential for individuals to be impacted, loss of any individual California red-legged frogs resulting from the proposed project activities would constitute a significant impact due to the species’ regional rarity.
The EIR identifies five special-status animal species breed on or nearby the Project site:
California red-legged frog, western pond turtle, white-tailed kite, pallid bat, and San Francisco
14 dusky-footed woodrat. Potential impacts to these special-status animal species are discussed individually below and additional detail can be found in the full biological assessment included as Appendix D of the EIR.
While no breeding habitat for the California red-legged frog is present on the Residential Development Area or fire access road, or in the unnamed drainage to the north, there are records of this species in the vicinity and individuals may occasionally disperse onto the site.
If they do, such individuals are most likely to occur in the riparian corridors associated with the intermittent stream along the northern edge of the Project site, though this would be expected to occur very infrequently, if at all.
Project activities, including construction and initial vegetation management activities followed by residential use and trail use and ongoing vegetation management activities, would not result in the loss of breeding habitat for the California red-legged frog, or any direct impacts on the intermittent tributary to Los Trancos Creek where this species is most likely to occur if it were to disperse onto the site. Due to the infrequency with which California red-legged frogs might occur in the impact areas (owing the lack of any known breeding populations or highquality breeding habitat in the immediate vicinity of the site), and the relatively limited extent of project impacts, the Project would not substantially affect California red-legged frog habitat availability in the region. However, in the rare chance that an individual frog moved into Project impact areas and was present during construction or initial vegetation management activities, it could result in injury or mortality of individuals either directly through contact with equipment or fuels/solvents or indirectly through putting them at greater risk of predation (by attracting predators or disturbing refuges with noise and vibrations).
Additionally, once the Residential Development Area and hiking and equestrian trails are constructed, increased human presence could introduce litter, which may attract wild predators, such as raccoons, striped skunks, and common ravens into the riparian and stream habitats where those predators may harass or prey on frogs. Increased numbers of domestic pets such as dogs and free-roaming cats may also result in an increase in predation risk for frogs that may disperse onto the site. Although the Residential Development Area, fire access road, and hiking/equestrian trails would avoid impacts to stream and riparian habitats, there is some potential for increased human presence to introduce pathogens that could be detrimental to amphibians.
Annual vegetation management activities involving goat grazing would have little to no effect on potentially- occurring California red-legged frogs in that this activity would not involve any ground disturbance or operation of large equipment (e.g., masticator) on the site. Likewise, periodic manual removal of trees and branches is not expected to impact potentially-occurring California red-legged frogs. However, if off-road mechanical support is necessary for longterm maintenance, there is potential for California red-legged frogs to be impacted in the same manner as with initial vegetation management activities described above.
Implementation of Mitigation Measures MM Bio-2a, Bio-2b, and Bio-2c set forth below, which are hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by requiring pre-construction surveys of special status animals, training, limitation of construction timing, and avoidance measures if special status animals are identified, to prevent substantial adverse impacts to any special status animal species.
MM Bio-2a: Survey and Avoidance (all Construction Activities and the Initial Vegetation Management Activities): Red-legged Frogs. Before any construction or initial vegetation
15 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 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, and 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.
MM 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 red-legged 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.
MM 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.
D. Impact Bio-3: Loss of Individual Western Pond Turtles. While there is no suitable habitat on the Project site for the western pond turtle, there is a low
16 potential for individual western pond turtles to visit the site and these could be impacted directly or indirectly by construction or vegetation management activities. Despite the low potential for individuals to be impacted, loss of any individual western pond turtle resulting from the proposed Project activities would constitute a significant impact due to the species’ regional rarity.
The EIR identifies that while the Project site does not contain suitable habitat for the western pond turtle, a California species of special concern, they are known to occur at Felt Lake, approximately 0.25 mile east of the site, and elsewhere in the Project vicinity in San Francisquito Creek and Lagunita approximately 2.25 miles to the north. Western pond turtles are expected to occur in Los Trancos Creek, just east of the site, as well. Despite the lack of suitable aquatic and upland habitat, dispersing individuals could potentially cross Alpine Road from Los Trancos Creek and make their way on to the site on rare occasions. Therefore, there is a low probability of this species using the Residential Development Area or the eastern end of the fire access road area, especially near the riparian corridors, for dispersal. Therefore, Project activities would not result in the loss of any aquatic habitat for the western pond turtle or in a substantial loss of upland dispersal habitat.
However, individuals could make their way on to the site on rare occasions and if individuals are present during construction or off-road mechanical vegetation management activities, potentially- occurring western pond turtles would be at risk for injury or mortality. As described above for the California red-legged frog, annual vegetation maintenance activities involving goat grazing and periodic manual tree removal/maintenance would have little to no effect on potentially-occurring western pond turtles because this activity would not involve any ground disturbance or operation of large equipment on the site. However, if off-road mechanical support is necessary for long-term maintenance there is potential for western pond turtles to be impacted in the same manner as with initial vegetation management activities described above.
Implementation of Mitigation Measure MM Bio-3 set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by requiring pre-construction surveys of special status animals, and relocation efforts if special status animals are identified, to prevent substantial adverse impacts to any special status animal species.
MM 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.
E. Impact Bio-5: Disturbance of Dusky-footed Woodrats. Hundreds of woodrat nests are expected to be present in the coast live oak woodland, blue oak woodland, mixed riparian forest, and chamise chaparral areas throughout the Project site, including at least 13 in the Residential Development Area. While dusky-footed woodrats and their habitat are relatively common in the region, woodrats are very important ecologically in that they provide an important prey
17 source for raptors and predatory mammals, and their nests provide habitat for a wide variety of small mammals, reptiles, and amphibians. Loss of multiple woodrat nests would be considered a significant impact due to the ecological impact that the loss of nests would represent both to the woodrat and to the other species that benefit from its presence.
The EIR identifies that at least 13 nests of the San Francisco dusky-footed woodrat, a California species of special concern, are located in the coast live oak woodland, mixed riparian forest, and rural-residential habitats along the perimeter of the Residential Development Area. Additional woodrat nests were also observed outside the Residential Development Area and hundreds are expected to be present in the coast live oak woodland, blue oak woodland, mixed riparian forest, and chamise chaparral in areas throughout the Project site.
Proposed construction and initial vegetation management activities may result in injury or mortality of dusky-footed woodrats and removal of woodrat nests due to construction, staging, Project vehicle traffic, and equipment use. Heavy ground disturbance, noise, and vibrations caused by construction activities could potentially cause woodrats to abandon their nests, possibly leading to abandonment of young as well. Additionally, thinning of trees and vegetation around nests in the surrounding vegetation and canopy layer would increase their internal temperatures through increased sun exposure, which could also lead to nest abandonment. Removal of vegetation around nests would also result in the loss of foraging habitat, which would reduce the carrying capacity of the population on site.
Annual vegetation maintenance activities involving goat grazing would not directly impact nests, but this activity could denude cover and food plants around nests if the goats are allowed to graze for excessive periods, reducing the habitat quality, and possibly leading to nest abandonment.
Furthermore, if off-road mechanical support is necessary, periodic tree removal and maintenance could result in injury or mortality of dusky- footed woodrats and removal of woodrat nests if nests are located near or within a tree that is to be removed.
San Francisco dusky-footed woodrats are relatively common in suitable habitat regionally and have high reproductive capabilities. As a result, even given the loss of nests from the Residential Development Area and potential to disturb many more with vegetation management activities, the Project impacts on dusky-footed woodrats would not have a substantial effect on regional populations. However, woodrats are very important ecologically in that they provide an important prey source for raptors (particularly owls) and for predatory mammals, and their nests provide habitat for a wide variety of small mammals, reptiles, and amphibians. As a result, the loss of multiple woodrat nests would be considered a significant impact due to the ecological impact that the loss of nests would represent both to the woodrat and to the other species that benefit from its presence.
Implementation of Mitigation Measures MM Bio-5a and Bio-5b set forth below, which are hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by requiring pre-construction surveys of special status animals, establishment of buffers if identified, avoidance and/or relocation measures if special status animals are identified, to prevent substantial adverse impacts to any special status animal species.
MM 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:
18 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 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 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
19 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.
MM 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.
F. Impact Bio-6. Disturbance of Pallid Bats. Construction in or demolition of buildings, vegetation management activities involving off-road mechanical support, or removal or modification of trees could result in destruction or disturbance of maternity roosts, hibernacula, day roosts, and/or night roosts of bat species, including pallid bat.
The EIR identifies the pallid bat, a California species of special concern, may forage throughout the more open areas of the Project site. In addition, several trees with small to moderate-sized cavities were observed throughout the Project site during the reconnaissance survey. These trees provide suitable roosting and breeding habitat for the pallid bat, and removal of such trees could result in the loss of pallid bat roost sites if they are occupied. Although ostensibly suitable roost sites for pallid bats, such mature trees with large cavities are widespread regionally and pallid bat numbers are low and the species’ roosts are sparsely dispersed. As a result, the loss of potential habitat or potential (but unoccupied) roost trees for this species would not represent a significant impact. However, the loss of an occupied maternity roost would represent a significant impact because that roost site, coupled with the characteristics of the surrounding area (e.g., foraging habitat, thermal characteristics, lack of human disturbance) that attracted pallid bats to that roost, would be regionally important to this species’ populations.
When trees containing roosting colonies or individual pallid bats are removed or modified during construction, or initial and long-term vegetation management activities, individual bats could be physically injured or killed; could be subjected to physiological stress from being disturbed during torpor; or could face increased predation because of exposure during daylight. Even if roost trees are not directly impacted, Project-related disturbance near a maternity roost of pallid bats could cause females to abandon their young. Such impacts would be significant because the species’ populations are limited locally and regionally and because loss of individuals may have a substantial adverse effect on local and regional populations of the species.
Implementation of Mitigation Measure MM Bio-6 set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by timing and method limitations on tree removals that could impact nesting for special status animals, preconstruction surveys, and avoidance and/or relocation measures if special status animals are identified, to prevent substantial adverse impacts to any special status animal species.
MM 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 to be overseen by a qualified bat biologist:
20 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 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 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 structure shall be placed as close to the affected roost site as feasible, taking into account
21 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 shall be purchased from an appropriate vendor (though a qualified bat biologist should approve the type of structure purchased). 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).
G. Impact Bio-8: Direct or Indirect Impacts to Riparian Habitat. Construction of the fire access road would occur within 50 feet of an ephemeral stream, which could result in erosion and sedimentation impacting the riparian habitat.
Additionally, while vegetation management activities are proposed to generally avoid riparian habitat, impacts could occur without specific measures for avoidance and/or compensation if warranted.
The EIR identifies riparian habitats, which are unique areas that surround river and stream banks and contribute disproportionately high habitat values and functions for their limited surface area.
Specially-adapted plants that may tolerate repeated flooding or that rely on a high water table often occur in these areas, but even when it supports primarily upland species, this vegetation is important for stabilizing the banks, reducing soil erosion, and maintaining water quality within the stream channel, and the amount and type of vegetation present can have effects on water temperature and therefore aquatic habitat within the stream. Riparian corridor vegetation also provides specialized habitat for wildlife, including shade, breeding areas, and food sources.
Riparian habitats are uncommon within the larger landscape. Riparian areas are considered sensitive habitats by the CDFW and are regulated as such under Section 1600 of the California Fish and Game Code, as well as by the RWQCB.
A limited amount of mixed riparian forest occurs in the northwest corner of the Residential Development Area, associated with the unnamed intermittent tributary of Los Trancos Creek.
However, the Project does not propose development within riparian habitat.
Setbacks from creeks (also referred to as riparian buffers) are important to protect sensitive aquatic and riparian habitats, and the animals that inhabit them, from adverse effects of lighting, noise, human activity, sediments and contaminants in runoff, and other stressors associated with development. The dimensions of such setbacks vary depending on local regulations, the size of the creek, the quality of riparian habitat, slope, and other factors. The Town of Portola Valley does not have established setback regulations for development adjacent to the unnamed intermittent tributary at the edge of the Residential Development Area. As shown in Figure 7.1, the Residential Development Area is not located within riparian habitat.
Although the small intermittent stream near the Residential Development Area has some value for plants and wildlife, its ecological functions and values are low compared to a larger and/or perennial stream for which regulated setbacks are in place. Therefore, because the Project would avoid development within the riparian habitat, and the proximity of development to the riparian habitat is limited to a very small portion of the site, and this particular habitat value is relatively low, the setback from the Residential Development Area is considered adequate from a biological standpoint.
22 The locations of the fire access road and the hiking/equestrian trails do not involve crossing or otherwise impacting the riparian habitat along the intermittent stream on the northern edge of the site and would therefore avoid any direct impacts on riparian habitats. Where the fire access road is proposed to exit off of Alpine Road, however, it would be within 50 feet of the ephemeral stream.
Grading for the fire access road would create disturbed soil conditions, potentially resulting in erosion and sedimentation of this ephemeral stream.
Implementation of the VMP would involve initial vegetation treatments throughout much of the 69- acre open space portion of the Project site. Treatment methods would include mechanical methods employing track- mounted excavators to carry out mastication and chipping of woody vegetation, as well as manual treatment methods using hand tools to cut, uproot, crush, compact, or chop vegetation. While the exact locations of these treatments have not been identified, it is assumed they could occur throughout the Project site, and would therefore occur in the vicinity of the riparian habitat that occurs along the intermittent stream occurring along the northern edge of the parcel along the unnamed tributary to Los Trancos Creek. While this corridor is narrow, this habitat is still considered sensitive, and any direct impact to this habitat from vegetation treatment activities would be considered significant. In addition, in the absence of avoidance and minimization measures, indirect impacts such as runoff from the areas of ground disturbance into the riparian habitat could have the potential to degrade this habitat and would be considered a significant impact.
The VMP states that vegetation treatment methods, or “prescriptions”, should avoid sensitive resources, including riparian habitat, to the extent feasible. It is anticipated that the fuel reduction prescriptions proposed in the VMP can largely avoid vegetation removal within the riparian corridor associated with the intermittent stream. In such a manner, vegetation management activities would avoid most, and possibly all, direct impacts on riparian communities from vegetation removal.
Implementation of Mitigation Measures MM Bio-8a and Bio-8b, set forth below, which are hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by avoiding all riparian habitats, requiring vegetation replacement as warranted, and development of a Riparian Mitigation and Monitoring Plan.
MM 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).
23 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.
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.
MM 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
24 iv. Mitigation design:
a) Soil amendments and other site preparation elements as appropriate b) Planting plan
c) Irrigation and maintenance plan
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
H. Impact Bio-9: Introduction and/or Spread of Invasive Plants. Project construction and vegetation management activities could contribute to the introduction or spread of non-native invasive vegetation, some of which could degrade the quality of sensitive habitats.
The EIR identifies that nonnative, invasive plant species were observed in limited numbers within the Project site, including the following species that are considered by California Invasive Plant Council (Cal-IPPC) to have a “moderate” invasive rating and therefore can cause substantial ecological impacts on physical processes, plant and animal communities, and vegetation structure (California Invasive Plant Council 2020): wild oats (Avena barbata and Avena fatua), black mustard (Brassica nigra), ripgut brome (Bromus diandrus), Italian thistle (Carduus pycnocephalus), bull thistle (Cirsium vulgare), and poison- hemlock (Conium maculatum). In addition, one species with a “high” Cal- IPPC rating, red brome (Bromus madritensis ssp. rubens) was also observed within the Project site. Additional invasive species with high ratings, such as yellow starthistle (Centaurea solstitialis), French broom (Genista monspessulana), and Scotch broom (Cytisus scoparius), are known to occur in the immediate vicinity of the Project site.
Invasive species can spread quickly and can be difficult to eradicate, as they produce seeds that germinate readily following disturbance. Further, disturbed areas are highly susceptible to colonization by nonnative, invasive species that occur locally, or whose propagules are transported by personnel, vehicles, and other equipment. The spread of nonnative invasive species could degrade the ecological values of nearby riparian habitat and adversely affect native plants and wildlife that occur there.
The residential development would result in a large area being subject to soil disturbance, in a location adjacent to open space and near riparian habitat. Activities such as vegetation removal, grading, and equipment staging are all factors that would contribute to disturbance. Areas of disturbance could serve as the source for promoting the spread of nonnative species, which could degrade the ecological values of the nearby riparian habitat, and adversely affect native plants and wildlife that occur there.
The construction of the fire access road and the hiking/equestrian trails would result in the creation of a new area of disturbance in an area that was not previously disturbed. Similar to the manner described above, disturbance would be created by the clearing of vegetation and grading for either the fire access road or the new trails. In addition, both these Project elements would introduce new vectors or avenues along which invasive species could be spread. The spread of invasive
25 species along these corridors could lead to the introduction and spread of invasive species into sensitive riparian habitats within the Project site, and adversely affect native plants and wildlife that occur there.
Vegetation management activities would result in the disturbance of large amounts of vegetation throughout the Project site by mastication, mowing, trimming, and removal of vegetation. There is the potential for either the motorized equipment or the equipment used for manual treatments to have propagules of weed species (e.g., seeds, or dirt containing rhizomes) from other sites, and if not properly cleaned prior to coming onto the Project site, to introduce novel species.
Implementation of Mitigation Measure MM Bio-9, set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by reducing and/or preventing the introduction and/or spread of invasive plants, thus not degrading the quality of sensitive habitats.
MM-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 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 non-native, invasive plant species. iv. If areas are left bare by vegetation treatments as carried out by the 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.
I.Impact Bio-13: Disturbance of Nesting Birds. The removal of trees and other vegetation, demolition of existing structures, and construction activities during the breeding season (January 15 to September 15) could result in mortality of nesting avian species if they are present. This risk could include but is not limited to species of special concern, which could also be disturbed when they are wintering at the site, outside of breeding season.
The EIR identifies disturbance related to construction of the Residential Development Area, fire access road, and hiking/equestrian trails, and vegetation management activities during the avian breeding season (February 1 through August 31) could result in the incidental loss of eggs or nestlings, either directly through the destruction or disturbance of active nests or indirectly by causing the abandonment of nests located on or near the construction or vegetation management
26 areas.
While the habitats in and adjacent to the Residential Development Area represent a very small proportion of the habitats that support these species regionally and they are relatively degraded, the habitats in the larger portion of the site are more natural and represent a larger proportion of habitats that are used by local breeding species. Still, all species of birds currently using the Residential Development Area are expected to nest and forage or continue these activities on the larger portion of the Project site after the Project is completed because this habitat would still be available, even if modified by vegetation management activities. Furthermore, some species may continue to nest on the developed residential portion of the site, depending on how much habitat is left intact or what landscaping vegetation is provided. Nevertheless, in the absence of mitigation measures, the number of active nests of birds that could be impacted would constitute a significant impact under CEQA. Furthermore, all native bird species are protected from direct take by federal and state statutes (see Regulatory Setting section of DEIR).
Implementation of Mitigation Measures MM Bio-13a and Bio-13b, set forth below, which are hereby adopted and incorporated into the project, would reduce the impact to a less-thansignificant level by limiting timing of construction-related activities, pre-activity surveys, establishment of buffer zones, and protection treatments during vegetation management activities to avoid disturbance of nesting birds.
MM 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 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. We recommend that these surveys 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
27 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 intervening between the nest and project activities, and the degree of human activity to which the nesting birds are already exposed.
MM 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 ground-nesting species.
J. Impact Cultural-1:Potential Disturbance of Resource P-43-000557 (Precontact Habitation Site). While there is no evidence that Resource P-43- 000557 is located within the Project site, the known location is close by (43 meters east of the Residential Development Area). Due to the underlying soils and depositional conditions within the Residential Development Area, it is considered possible that subsurface deposits from this resource could extend into the Residential Development Area and adjacent Alpine Road and if so, could be disturbed by Project construction activities.
The EIR identifies P-43-000557 as a prehistoric occupational site with a high density of habitation debris and is located only 43 meters east of the Residential Development Area. Cultural materials include fire cracked rock, mortars, pestles, chert and obsidian flaked stone and core fragments, a hearth, shell fragments, burned faunal bone, and a human burial. Later survey efforts placed the burial within the contiguous Los Trancos Site (SCL-634). The P-43-000557 surficial site is thought to have subsurface components.
Geological trenching within the Residential Development Area was performed by the Project sponsor to explore the potential for fault traces at the site (see Chapter 9: Geology and Soils), which provided an opportunity for archaeological monitoring. No buried cultural deposits were identified during the geological trenching. However, underlying soils and depositional conditions within the Residential Development Area coupled with the presence of precontact buried cultural deposits east of the creek indicate a moderate sensitivity for buried cultural resources within the Residential Development Area. Therefore, this proposed development has the potential to impact previously unidentified archeological resources during ground disturbance associated with Residential Development Area construction, including utility installation along Alpine Road.
Implementation of Mitigation Measure MM Cultural-1, set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by protecting the historical or cultural value of any discovered resources through data recovery or preservation.
MM-Cultural 1: Residential Development Area Archaeological Monitoring. Prior to the issuance of a grading permit in the 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.
28 In accordance with CEQA Guidelines §15064.5 (f), should any previously unknown prehistoric resources (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 Guidelines §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 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).
K. ImpactCultural-2:Potential Disturbance of P-41-000297 (Stone Circle) and the Wedge Quarry/Bedrock Mortars Site within the Vegetation Management Area. The “stone circle site” (P-41-000297) and the Precontact component of the Wedge Quarry/Bedrock Mortars site would not be directly impacted by construction associated with the Residential Development Area, trails, or fire access road, but may be affected by activities related to the Stanford Wedge Property VMP. The VMP describes four treatment activities to be undertaken at the Project site: steep slope mechanical treatment with manual support, mechanical treatment, manual treatment, and prescribed herbivory. As described, several of these treatment activities use heavy machinery to assist in vegetation management, which may negatively impact surface or nearsurface archaeological resources.
The EIR identifies Resource P-41-000297 (CA-SMA-293) as a prehistoric lithic hearth site, comprised of 12 large stones and some larger boulders; in addition to the hearth, there were two pieces of flaked stone found on the surface. Multiple attempts to find this resource in the listed location have been unsuccessful. The presence of dense vegetation, including sections of thick grasses, shrubbery and tree cover led to a ground visibility of less than 10 percent in the previously mapped site location. Therefore, the feature may be present, but buried by soil or obscured by dense vegetation. Or the incorrect location could have been mapped. On May 22, 2020, Basin Research Associates identified a similar rock ring in a different location but did not provide updated GPS coordinates. Personal communication with Dr. Laura Jones of Stanford Heritage Services indicates they were not positive that they had located the stone circle site. PaleoWest did not find a rock ring in either location during the 2022 survey of the area.
29 As currently designed, resource P-41-000297 (the stone circle site) would not be directly impacted by the Residential Development Area or proposed fire access road or trail construction but may be affected by activities related to vegetation management. Although a formal significance evaluation of this resources was not undertaken as part of the current cultural resource assessment because it could not be found, existing archival data indicate that the stone circle, and the associated artifacts, need to be evaluated for listing in the CRHR. For the purposes of this undertaking, it is assumed that the resource is eligible for listing in CRHR and the area surrounding the original mapped location of the stone circle will be considered as a Historic Period resource.
The Wedge Quarry/Bedrock Mortars site is a mixed-component site with the remnants of a historic (ca. 1925–1930) sandstone quarry and one bedrock milling feature with eight mortars. PaleoWest visited this site in 2022 around the perimeter of a ravine, which consists of steel anchor cables wrapped around trees, the large wooden post (approximately 12 in × 12 in × 15 feet), quarried rock faces, quarried blocks of sandstone, oak trees, poison oak, tall grass, weeds, and moss.
Bedrock mortars were located within the quarry at the top of the ravine. The bedrock mortars were on top of a large (approximately 11 feet long × 7 feet wide) sandstone boulder and had eight distinct mortars. The bedrock mortars were on the east side of a mountain slope in a cluster of boulders and overlooked a ravine bound by large sandstone boulders and thick vegetation around the perimeter. At the bottom of the bedrock mortar boulder was a large (approximately 5 feet wide × 20 feet long) cleared sandstone ledge.
The Wedge Quarry/Bedrock Mortars site was likely quarried between 1925 and 1930 and may have been used in the reconstruction of the Stanford University gates on Palm Drive following their collapse in the 1906 earthquake. The site includes a sandstone outcrop with quarry marks, abandoned quarried blocks, abandoned quarrying implements, and eight Native American bedrock mortars on a nearby upslope boulder. There are scattered features relating to the quarry activities conducted at the site such as hardware and infrastructure (steel cables, a very large wood post, and scattered fragments of metal machinery parts). The Wedge Quarry/Bedrock Mortars site does not appear to be associated with Precontact or Historic Period events that have made a significant contribution to the broad patterns of our history. Therefore, PaleoWest recommends the Wedge Quarry/Bedrock Mortars site not eligible for the CRHR under Criterion 1.
The resource cannot be associated with a particular individual or be considered significant to the lives or a best resource with which to represent the life of a particular individual in the Precontact or historic periods. Therefore, PaleoWest recommends the Wedge Quarry/Bedrock Mortars site not eligible for the CRHR under Criterion 2.
The Wedge Quarry/Bedrock Mortars site is composed of features that are the result of general quarrying activities in the 1920s and 1930s and therefore it does not meet the NRHP under Criterion 3 for embodying the distinctive characteristics of a type, period, and method of construction, or as the work of an important creative individual, or as having high artistic value.
Similarly, the Native American bedrock mortars are a common Precontact feature and not indicative of a distinctive type, period, method of construction, or work of high artistic value or important individual. Therefore, PaleoWest recommends the Wedge Quarry/Bedrock Mortars site not eligible for listing in the CRHR under Criterion 3.
The presence of eight Native American bedrock mortars on an uncommon high, steep rock formation at the Wedge Quarry/Bedrock Mortars site offers the potential to test hypotheses offered by the local Muwekma Ohlone Tribe that suggest bedrock mortars in these locations may have been used for purposes other than food preparation, such as preparation of medicine, paint, and
30 ceremonial functions. Conversely, the data that may be obtained from further archaeological study of the Wedge Quarry would not contribute to the information already available in the archival record. Therefore, PaleoWest recommends the Wedge Quarry/Bedrock Mortars site eligible for listing in the CRHR under Criterion 4 with the Precontact bedrock mortar the only contributing component to the historical significance of the site. The historical quarry is a non-contributing component to the significance of the site and requires no further management.
The Wedge Quarry/Bedrock Mortars site would not be directly impacted by the Residential Development Area or proposed fire access road or trail construction, but may be affected by activities related to vegetation management.
Implementation of Mitigation Measure MM Cultural-2, set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by professional archaeological monitoring prior to and/or during VMP activities.
MM Cultural 2: Vegetation Management Plan Archaeological Monitoring. Prior to the implementation of the 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) 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.
L. Impact Cultural-3:Disturbance of Previously Unidentified Cultural Resources or Human Remains. While not anticipated, it is possible that previously unidentified historic resources, archaeological resources, or human remains could be uncovered and disturbed during ground disturbing activities throughout all portions of the Project site.
The EIR identifies that while no additional unidentified significant cultural or tribal cultural resources were found at the Project site, the following mitigation measures are proposed to address the unexpected presence of unidentified subsurface resources or remains.
Implementation of Mitigation Measures MM Cultural-3a and Cultural 3-b, set forth below, which arehereby adopted and incorporated into the project, would reduce the impact to a less-thansignificant level by protecting the historical or cultural value of any discovered resources through a qualified consultant and recovery.
MM Cultural 3a: Halt Construction Activity, Evaluate Find and Implement Mitigation. In the event that any previously unidentified cultural resource (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.
MM 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
31 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.
M. Impact GEO-2 Seismic Ground Shaking. There is a high probability that the proposed development would be subjected to strong to violent ground shaking from an earthquake during its design life.
The EIR identifies that the San Francisco Bay Area is a seismically active region. Like all projects in the region, the Project will likely be subjected to strong to violent seismically-induced ground shaking within the design life of the development. As discussed in the setting, based on soil classifications at the site, the Project site could be subject to a peak ground acceleration (PGA) of up to 1.090 g (acceleration due to gravity) during a seismic event.
Seismic construction standards are detailed in building codes and specifics of needed site preparation, foundation design, and building construction are specified through structural engineering design formalized in a Design-level Geotechnical Investigation Report. While these are existing requirements through the construction permitting process, these requirements are detailed in the measures below for tracking purposes.
Implementation of Mitigation Measures MM Geo-2a and Geo 2-b, set forth below, which arehereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by incorporating recommendations from the Geotechnical Investigation into the project design.
MM 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 should 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 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:
a. Placing and compacting potentially expansive subgrade soils at high moisture
32 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.
b. Using thickened concrete slabs with increased steel reinforcement. c. Replacing clayey soils underlying foundations and concrete slabs with select structural fill that is non-expansive or has a low expansion index. d. Treating site soils with lime to reduce the expansion potential and increase the strength.
e. Utilize pier-and-grade-beam foundation systems where appropriate. f. Grade around structures to assure positive drainage away from structures.
MM 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.
N. Impact GEO-4 Seismically-induced Landslides. Portions of the site may be subject to seismically-induced landsliding. A portion of the site is identified on the Seismic Hazard Zone Map of the Palo Alto Quadrangle as being potentially susceptible to seismic shaking induced ground failure.
Preliminary investigation by Cornerstone indicates that a design-level geotechnical investigation is needed to address the potential for slope failure associated with seismic shaking events in several areas.
The EIR identifies the California Geological Survey Seismic Hazards Zone Map indicates three localized areas with the potential for seismically induced landslides within one half mile to the west and north of the Residential Development Area, including on a portion of the undeveloped slope on the Project site and the proposed fire access road area. A Preliminary Geotechnical Investigation and Geologic Hazards Assessment was prepared by Cornerstone to generate more detailed site- specific data and conclusions. Based on this assessment, measures to reduce the risk from seismically-induced landslides are incorporated into the following mitigation.
Implementation of Mitigation Measure MM Geo-2a, set forth below, which is hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by incorporating recommendations from the Geotechnical Investigation into the project design.
MM-GEO 2a: noted above.
O. Impact GEO-5 Soil Erosion. The Project would involve mass grading in a location that could facilitate stormwater-related soil erosion, soil movement and the loss of topsoil. This could potentially impact vicinity drainages such as Los Trancos Creek, the unnamed creek, and ultimately San Francisco Bay.
The EIR identifies that erosion and loss of topsoil occur primarily when soil is unprotected by either plans or development (structures and pavement). Soil in runoff is considered a water pollutant.
Construction period and operational erosion control and stormwater pollution prevention are required under existing regulations. While these regulations are already in place, they are detailed in the measures below for tracking purposes.
33 Implementation of Mitigation Measures MM Geo-5a and Geo-5b, set forth below, which are hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by implementing the best management practices identified in the Erosion Control and Storm Water Pollution Prevention plans Erosion Control and Storm Water Pollution Prevention plans.
MM Geo-5a: Erosion Control Plan. The Project applicant shall complete an Erosion ControlPlan 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. 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.
MM 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 performed in accordance with General Permit requirements.
P. Impact Hydro-1: Potential for Contaminated Runoff. Unmitigated, Project activities associated with construction of the Project could result in violation of waste discharge requirements under the San Mateo County Municipal Regional Stormwater NPDES Permit from contaminated runoff entering Los Trancos Creek or other unnamed creeks or drainages for both the construction phase and on-going operation of the Project. Increased erosion caused by construction activities and increased runoff could result in the sedimentation of receiving waters.
The EIR identifies that the planned construction, tree removal, earthwork, and grading activities for the Project could result in an increase in erosion from the Project area into the Los Trancos Creek drainage, and San Francisco Bay. Hillside excavation to create residential lots and the new roadway could result in an increase in erosion and sedimentation, Sedimentation can lead to a degradation of water quality because sediment can carry nitrogen, phosphorus, petroleum, and other organic contaminants, pesticides and herbicides, and trace metals. Sediment can also accumulate at the entrance of downstream storm drain system inlets and reduce drainage capacity.
Construction activities associated with the improvements would require the presence of construction vehicles, heavy equipment and materials, and construction crews. In addition to stormwater runoff and potential resulting water quality and sedimentation impacts, there is the
34 potential for hazardous materials, including petroleum products associated with diesel vehicle and equipment use, and contaminants from paving materials, concrete mixing, pouring and washout, and sanitary facilities, to enter Los Trancos Creek and downstream creeks fed by Los Trancos Creek. Following vegetation clearing, tree removal, and grading, excavation would occur for roadbed improvements, and foundations. All of these activities have the potential to contribute pollutants to Los Trancos Creek (particularly turbidity and high-pH washwater) that could affect water quality and may violate water quality standards if left uncontrolled.
However, the Project would be required to implement an Erosion and Sediment Control Plan (ESCP) and SWPPP under the Municipal Regional Stormwater Permit and the San Mateo Countywide Stormwater Pollution Prevention Program. The ESCP must include BMPs that are designed to prevent runoff from construction areas to reduce potential impacts to surface water quality during Project construction. The SWPPP will also include design elements and BMPs for construction areas such as fueling and equipment washing areas, and trash and hazardous material storage areas.
The San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) is a partnership of the City/County Association of Governments (C/CAG), each incorporated city and town in the county, and the County of San Mateo, which share a common NPDES permit. The Municipal Regional Stormwater NPDES Permit was issued by the SFBRWQCB2 in compliance with the Basin Plan3 and the NPDES Program. Participating agencies (including San Mateo County and the Town of Portola Valley) must comply with the provisions of the Countywide permit by ensuring that new development and redevelopment mitigate, to the maximum extent practicable, water quality impacts from storm water runoff during both construction and operation periods of projects.
Implementation of Mitigation Measures MM Hydro-1a, Hydro-1b, Hydro-1c, and Hydro-1d, set forth below, which are hereby adopted and incorporated into the project, would reduce the impact to a less-than-significant level by implementing the best management practices and other requirements and design requirements identified in the Erosion and Sediment Control Plan, Stormwater Pollution Prevention Program, and the Final Drainage Plan, and the Stormwater Treatment System Operation and Maintenance Plan into the project design.
MM Hydro 1-a: 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.
d. A separate Tree Protection Plan.
35 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 fractured aggregate over geo-textile fabric over the first 20 feet of the property. If using an existing paved driveway, identify on ESCP Plan. 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. 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 control measures continuously between
36 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 “offseason.” ae. Dust control is required year-round.
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.
af. Tree protection shall be in place before any demolition, grading, excavating or grubbing is started.
MM Hydro 1-b: 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 several of the same components of 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.
MM Hydro 1-c: Final Drainage Plan. Prior to the issuance of the Building permit or Planning permit
37 (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 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 pre- development 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. 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.