• Public Parking. Consistent with the goals of the Eastside Innovation District Vision Plan, the entire surface parking lot, a total of 46 stalls, will be available as shared parking to the public on nights and weekends on terms similar to our 590 Castro Project in Mountain View (see attached Condition of Approval). The estimated value of this parking to the City is $690,000. Adding to the previously agreed to public benefit value of $7,000,000, this brings the total community benefit package to $7,690,000.
• Designated Retail Parking. Designation of 4 (of the 46 total) surface parking stalls will be assigned exclusively to the retail tenant during occupancy. (Note these spaces would remain exclusive to the retail to the extent operating hours extends into the public parking hours) • EV Chargers. Addition of dual head EV charging hub to provide 2 charging stations to the surface parking lot
Also attached to th is letter are: A) our updated site plan , B) a detailed description from our landscape architect and C) the example night and weekend public parking Condition of Approval from 590 Castro.
The Sobrato Organization remain very excited to bring this project to fruition and believe in its potential to help transform the Eastside area into a vibrant and connected district.
My contact information is available in the signature block below, please reach out to me with any questions or comments.
Sincerely,
_________________________
Jeffrey M. Sobrato, Developer
[email protected]
(408) 691-1125
The Sobrato Organization
599 Castro St., Suite 400
Mountain View, CA 94041
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September 27, 2023 Page 3
Attachment A Site Plan
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Attachment B Landscape Description
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Attachment C 590 Castro Condition of Approval (Night and Weekend Parking) PARKING MANAGEMENT PLAN FOR SHARED USES AND PUBLIC PARKING: Prior to building permit issuance, the applicant shall develop a shared parking management plan ("Parking Management Plan") describing parking allocation for retail, guests, and office uses on the project site, including any proposed use of a valet parking program for the primary building uses (daytime/weekdays), subject to review and approval by the Zoning Administrator. The Parking Management Plan shall also specify the on-site parking to be open to the public at no cost for self-parking on Floor P1, including signage, days, and hours (6:00 p.m. to 11:00 p.m., weekdays, and 7:00 a.m. to 11:00 p.m., weekends and Federal holidays). The obligation to provide public parking shall be documented in a recorded Public Parking Agreement, following review and approval by the Zoning
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CITY HALL
600 ELM STREET
SAN CARLOS CA 94070-3085
PLANNING DIVISION
TELEPHONE (650) 802-4263
FAX (650) 595-6763
WEB: http://www.cityofsancarlos.org
CODE COMPLIANCE CERTIFICATE
DESIGN REVIEW, TENTATIVE PARCEL MAP, GRADING AND DIRT HALL CERTIFICATE AND
TRANSPORTATION DEMAND MANAGEMENT PLAN
This is to certify that the San Carlos Planning and Transportation Commission on June 7, 2023, granted approval of Design Review, Tentative Parcel Map, Grading and Dirt Haul Certificate and Transportation Demand Management Plan to the applicant and owner of 841 Old County Road, The Sobrato Family Foundation, (hereafter "Applicant") to allow for the construction of two new research & development life science buildings with a total of 339,170 square feet at 841 Old County Road (APNs: 046-133-160, 046-134-050, 046-134-060, 046-135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182-110, 046-182-150). The application was approved subject to the following conditions:
1. All structures, parking areas, and landscaping shall be in substantial compliance with the plans prepared by STUDIO Architecture, dated January 11, 2023 and consisting of fifty-six (56) sheets, plus three revised drawing sheets dated May 26, 2023, as presented to and approved by the Planning and Transportation Commission at the June 7, 2023 hearing.
2. Construction of this project shall be in strict conformance with the plans approved by the Planning and Transportation Commission on June 7, 2023. If the Building Division's set of drawings, or other subsequent plans, differ substantially as determined by Planning Staff from the approved drawings, the set of drawings shall require re-review by the Planning and Transportation Commission.
3. Pursuant to San Carlos Municipal Code Chapter 18.29, the colors and materials of the structure and improvements shall be in substantial compliance with those presented and described within the application materials. Any changes determined to be significant as determined by the Community Development Director shall be reviewed and approved by the Planning Commission.
4. New signs are subject to compliance with San Carlos Municipal Code Chapter 18.22. No signs have yet been approved as part of this project. Any signs that are visible from U.S. Highway 101 shall require approval by the Planning Commission.
5. Prior to the issuance of a Final Certificate of Occupancy, a Landscape Architect shall certify in writing that the landscaping and irrigation systems are installed in accordance with the approved landscape and irrigation plan.
6. Pursuant to San Carlos Municipal Code Sections 18.18.070 and 18.41.020, the project proponent shall obtain a permit to remove any tree(s) protected under the City’s Interim Protected Tree Ordinance, as determined by an arborist, and shall also prepare a tree protection plan that includes a map of the tree protection zone and is included in the construction drawings and bid package. Removed trees will be replaced in accordance with the ordinance at the discretion of the Community Development Director. If any removed trees are within the jurisdiction of California Department of Fish and Wildlife (CDFW), and CDFW issues a Lake and Streambed Agreement for the project, the tree replacement ratios shall comply with CDFW requirements.
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7. Pursuant to San Carlos Municipal Code Chapter 18.29, a final exterior lighting plan with specifications in conformance with the approved plans is subject to review and approval by the Planning Division prior to Building Permit issuance.
8. The developer shall be responsible for the maintenance of all the on-site landscaping within the project and shall maintain the landscape in proper growing condition for the life of the project to the satisfaction of the Community Development Director.
9. If human remains are unearthed during ground-disturbing activities, Section 7050.5(b) and (c) of the California Health and Safety code will be implemented. Section 7050.5(b) and (c) states:
(b) In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27492 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains.
(c) If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. [In which case, section 5097.98 of the California Public Resources Code would apply.]
10. To the extent consistent with the Fire Code, all new Fire Department Connections and backflow devices proposed shall be as unobtrusive as possible. All fire water plumbing shall be aesthetically placed behind a design element to screened to the extent feasible. Final design and placement shall be subject to Planning Division review and approval prior to Building Permit issuance.
11. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance, Zoning Ordinance Section 18.18.080.
12. Whenever feasible, and consistent with the landscaping plans approved for the project as referenced in Condition #1 above, the project shall incorporate landscaping that minimizes irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices such as Bay- Friendly Landscaping.
13. Prior to issuance of a building permit, a preconstruction meeting shall be held with Community Development Department staff, the architect, applicant, and contractor to review the plans and conditions of approval.
14. The project shall comply with all conditions and requirements of the Airport Land Use
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Commission (ALUC) and Federal Aviation Administration (FAA). The structure heights shall not exceed the heights approved by the ALUC or FAA at any time for the life of the project.
At the time of Building Permit submittal, the applicant shall demonstrate compliance with Airspace Protection Policy 6 of the Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (SQL ALUCP).
15. Hazardous Materials: If required based on the use of future tenants, a list of hazardous materials and their quantities shall be submitted on a room-by-room basis with a comparison to the materials and quantities allowed by CBC Tables 307.1(1) and 307.1(2).
16. All Electric Building: In accordance with the San Carlos Municipal Code Section 15.04.080 and
15.04.125, new buildings shall comply with the City’s all electric building requirement.
17. All mechanical and electrical equipment shall be incorporated into the design of buildings or screened to the satisfaction of the Community Development Director (SCMC Section 18.15.090) and shall comply with the approved screening as shown in the Plan Set as approved and referenced in Condition #1 above.
18. The applicant shall comply with all requirements of the Fire Department.
19. The applicant shall pay the commercial linkage fee and childcare impact fee prior to the issuance of a building permit as calculated by the Community Development Director based on the applicable fee schedule.
20. Consistent with plan check procedures for Building Permit consideration, proper foundation engineering and construction shall be performed in accordance with the recommendations of a Registered Geotechnical Engineer and a Licensed Professional Engineer. The structural engineering design, with supporting Geotechnical Investigation, shall incorporate seismic parameters compliant with the California Building Code.
21. Project plans shall include a note regarding the elevation and floodproofing of non-residential construction per City Ordinance 15.56.150.C.
22. All project plans and reports shall be stamped and signed by Engineer or Architect of record.
23. Construction Activities shall comply with the City’s noise ordinance (Chapter 9.30 of the San Carlo Municipal Code).
24. A report, documenting the TDM activities undertaken and their results, shall be submitted to the Director annually at the responsibility of the applicant and/or its tenant(s). A three and five-year review shall evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program's objectives, per the Director's review and approval. The Director may impose reasonable changes to assure the program's objectives will be met. The applicant and/or its tenant(s) shall be required to pay for the costs associated with the City review of the annual and five-year review reports.
25. The developer and/or operators shall be responsible for supplying Planning Staff with the contact information for the Designated TDM Contact person.
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26. Pursuant to Chapter 18.25 of the City of San Carlos Municipal Code and San Mateo County Congestion Management Program Land Use Implementation Policy (C/CAG TDM Policy), a Transportation Demand Management Plan shall be implemented for the life of the project as presented to and approved by the Planning Commission. The owner and/or future tenants shall be responsible for supplying Planning Staff with the contact information for the Designated TDM Contact person.
27. A report documenting the TDM activities undertaken and their results shall be submitted to the Community Development Director annually at the responsibility of the applicant. The Director may impose reasonable changes to assure the program’s objectives will be met. The owner and/or future tenants shall be responsible for ensuring that C/CAG TDM Policy requirements and monitoring and reporting are met.
28. As new more efficient and effective TDM measures become available to reduce vehicle trips, these measures may be included or substituted to maintain the trip reduction levels described in the Plan. Any such substitutions shall be to the satisfaction of the Community Development Director. Any changes determined to be substantive or inconsistent with the TDM Plan by the Community Development Director shall require review and approval by the Planning Commission.
29. If a Transportation Management Association (TMA) is established in San Carlos that can serve the project site, the property owner shall participate in the TMA. The level of financial contribution of the participants in the TMA shall be based on an equitable measure such as square footage (or similar metric) as agreed upon by the participants and the City.
30. All electrical, telephone, cable television, and similar distribution lines providing direct service to the project shall be installed underground (SCMC Section 18.15.120). Compliance shall be demonstrated in both architectural and civil plans.
31. Prior to Building Permit issuance, the Applicant shall provide documentation that Recology has reviewed and deemed adequate the proposed on-site trash and recycling accommodations. The Applicant shall provide a final Trash Management Plan confirming review and approval by Recology, including the final dumpster enclosure design.
32. A grading/hauling permit shall be obtained from the Public Works Department prior to start of construction. Grading shall only be permitted between the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday and 9:00am to 5:00pm on Saturdays. No grading activities on Sundays and holidays as specified in San Carlos Municipal Code Section 9.30.070 (B). Dirt haul activities shall be limited to the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday. No dirt haul work shall be permitted on Saturday, Sundays and holidays, as specified in San Carlos Municipal Code Section 15.36. The City Engineer has the discretion to grant exceptions to the grading and hauling times.
33. An encroachment permit must be obtained from the Public Works Department prior to the start of any work within the public right-of-way or a public utilities easements including, but not limited to, the installation of sewers and other utilities, sidewalk, curb and gutter, driveway, wall fence, or other construction. An encroachment permit is also required for the placement of debris boxes, storage containers, or construction materials within the public right-of-way.
34. Prior to demolition and/or permit issuance, Developer shall obtain approval from the City of the solid waste handling plan and demonstrate conformance with the City debris recycling regulation in accordance with the City Municipal Code Regulations, Title 8. Chapters 8.04 and 8.05.
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35. A grading permit will be required from Public Works and the following condition shall apply:
a. The Developer’s civil engineer shall submit a drainage report, hydrologic study, hydraulic calculations, and drainage improvement plans. Storm water shall, under no circumstances, be introduced into the sanitary sewage system, but shall be confined to surface and subsurface drainage facilities provided. Applicant must provide pre- improvement runoff and post-improvement runoff calculations. Post-improvement runoff totals cannot exceed pre-improvement runoff totals. b. The Developer shall submit detailed earthwork quantity calculations that include total cut, fill and import or export quantities. Provide an earthwork quantities table on Grading plan sheet with the following:
i. Total displaced quantities, including cut and fill amounts ii. Total hauling quantities, including import and off-haul c. Based on the extent of the grading plan, a Grading Bond, in an amount to be determined by the City Engineer, shall be posted and remain in place until all grading is complete and approved.
d. Prior to issuance of a Grading Permit, the applicant shall submit a proposed haul route plan and obtain approval from Public Works Department.
36. Soils Report: The geotechnical report provided for this project is dated July 16, 2021 (DRAFT Design-Level Geotechnical Investigation, 803-851 Old County Road, by Cornerstone Earth Group. Reports dated more than two years from the submittal date should be accompanied by a geotechnical update letter noting that the report is still valid, updating any code references and providing any additional recommendations that should be followed.
In addition, prior to issuance of a Grading Permit, Developer shall submit a design-level geotechnical investigation prepared by a qualified geologist. All recommendations in the approved geotechnical investigation shall be incorporated into the project design. The geotechnical investigation shall address, at a minimum, the following issues:
a. compressible soils,
b. liquefaction,
c. expansive soils,
d. loose surficial soils,
e. shallow groundwater
37. All plans shall be prepared using a benchmark based on City standards and datum provided on the City website.
38. Developer shall submit with the building permit application an existing condition plan showing the following information:
a. Topographic information, existing contours, elevations, trees, structures and above- ground features
b. Resolved boundary
c. Existing public and private easements
d. Existing curb lines, sidewalk, signal pole, street light utility boxes, driveways, underground utilities or frontage streets
e. Existing lot line and lot areas
39. Developer shall submit a Storm Water Management Plan in accordance with the following timeline:
a) At the time of building permit plan check submittal or grading plan submittal, Developer shall submit a “final” Stormwater Management Plan and Report. Site grading, drainage,
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landscaping and building plans shall be consistent with the approved Stormwater Management Plan. The Plan and Report shall be prepared by a licensed Civil Engineer and certify that measures specified in the report meet the C.3 requirements of the Regional Water Quality Control Board (RWQCB) Order, and shall be implemented as part of the site improvements.
b) Prior to building permit issuance, Developer shall submit an Operation and Maintenance (O&M) Plan for the long-term operation and maintenance of C.3 treatment facilities. c) Prior to Final occupancy, Developer shall execute and record an O&M Agreement with the City for the operation, maintenance and annual inspection of the C.3 treatment facilities.
The Stormwater Management Plan shall be prepared and implemented in compliance with the San Mateo Countywide Water Pollution Prevention Program (SMCWPPP), Provision C.3 of the County’s Municipal Regional Stormwater NPDES Permit and any other required provisions of the City of San Carlos Municipal Code. The plan shall specify best management practices for the control and prevention of stormwater pollution. The plan shall address both construction-phase and post-construction pollutant impacts from development. Construction-phase measures shall include: erosion control measures such as installing fiber rolls, silt fences, gravel bags, or other erosion control devices around and/or downslope of work areas and around storm drains prior to earthwork and before the onset of any anticipated storm events; monitoring and maintaining all erosion and sediment control devices; designating a location away from storm drains when refueling or maintaining equipment; scheduling grading and excavation during dry weather; and removing vegetation only when absolutely necessary. Post-construction drainage controls shall be specified to capture and treat stormwater onsite.
40. Prior to Building Permit issuance, the Applicant shall provide an updated storm drain report. The report shall include hydraulics and hydrology, drainage area maps, sizing of on-site system and show post development run-off does not exceed pre-development runoff.
41. Prior to Building or Grading Permit issuance, the WDID # shall be shown on the building plan set as the total land disturbed proposed during construction is greater than one (1) acre. All sites that disturb in excess of one (1) acre of land shall demonstrate coverage under the State Construction Activity Stormwater General Permit, which includes a Notice of Intent, WDID #, and a SWPPP.
42. If at any time the stormwater treatment design is changed to in-ground treatment system, a supplemental geotechnical investigation may be required. In-situ percolation testing to be performed at representative locations throughout the site to determine characteristic infiltration rates and/or soil conditions are stable for the proposed bioretention areas may be required.
43. Prior to the issuance of any building, demolition, or grading permit, Developer shall submit an Erosion and Sediment Control Plan as a part of the improvement plan submittal. The erosion and sediment control plan shall show all construction best management practices (BMPs) and shall comply with the requirements of the NPDES, the Municipal Regional Permit Order R2-2009- 0074 (MRP), and the City's stormwater and urban runoff pollution control standards and guidelines (City's Clean Water Program). Developer shall ensure that all contractors and sub- contractors install and regularly maintain all construction BMPs as required by the approved erosion and sediment control plan.
44. Prior to issuance of any demolition or building permits, the applicant shall demonstrate that any proposed permeable pavement system will drain at a rate, not to exceed the pre-development flow.
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45. All storm water inlets shall be marked with appropriate stormwater pollution prevention message such as “no dumping – flows to bay.” Developer is responsible to add these markings upon construction.
46. Developer shall submit with the building permit application a landscape plan showing proposed landscape treatment within the C.3 storm water treatment areas for review.
47. Prior to Building Permit issuance, the Applicant shall provide a roof slope and roof leader plans showing the location of downspouts and direction of flow associated with the drainage area for each leader with the civil drawings.
48. All existing utilities shall be properly disconnected before the existing building can be demolished.
Developer shall demonstrate to City Engineer how the existing water service(s), sewer service(s) and storm service(s) will be disconnected prior to doing so. All existing utilities shall be disconnected and/or abandoned as directed and to the satisfaction of the City Engineer.
49. A sewer permit shall be obtained from the Public Works Department prior to starting of any sewer construction work.
50. Developer shall submit with the building permit application projected sewer flow calculations and a sanitary sewer capacity study analyzing potential impact to the existing sanitary sewers as directed by the City Engineer. Any costs associated with the analysis shall be paid by the Developer.
51. Per City standard details, approved materials for sewer laterals are HDPE DR21 or better, and PVC SDR-26 or better; and a 2% minimum slope is required. VCP is not a City approved material and noting 1% minimum slope for new sewer laterals is not consistent with the City standard details. Revise and include inverts necessary to verify slopes with the building permit submit.
52. Project plans shall show a backflow prevention device for the sewer lateral which shall be on- site and owned and maintained by owner.
53. Prior to issuance of any grading and/or building permit, Developer shall obtain approval from the City Engineer of the water, sewer, and storm drain studies for this development. These studies shall provide detailed calculations to confirm adequate design of these utilities.
54. Prior to Building permit issuance, the Applicant shall submit a water system analysis showing required demand for project including fire flow calculations and existing water systems ability to handle domestic and fire demand for project.
55. Prior to Building Permit issuance, the Applicant shall show the on-site fire system layout including size, connection points, FDC, PIV and on-site hydrants. Fire flow calculations and proposed fire protection system including but not limited to looping of fire line, number and location of fire hydrants shall be reviewed and approved by fire marshal.
56. Developer shall own, operate and maintain all on-site (private) utilities, except where located in public easements or approved by CalWater for the water system. The separation between public and private shall be indicated by water meters & backflows (potable water), cleanouts (sewer), and manholes as directed by the City Engineer.
57. Developer shall submit plans showing proposed water, sanitary sewer, and fire services for the
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proposed building connected to a public main in the public right-of-way to the satisfaction of the City Engineer. Different types of water use (domestic, irrigation, or fire) should be served by separate water services each separately tapped at the water main.
58. Developer shall replace the existing curb, gutter, and sidewalk within the public right-of-way (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said replacement shall be at the discretion of the City Engineer or his designee. Engineering
59. The driveway approaches shall be constructed per City Standards.
60. The applicant shall pay the sewer connection, storm water fee and Transportation Impact Mitigation Fee prior to the issuance of a building permit as calculated by the Public Works Department .
61. A Construction Operations and Staging Plan, including traffic control, shall be submitted, reviewed, and approved by the Building Division , Planning Division, and City Engineer prior to building permit issuance and any work in the public right-of-way .
62. Prior to Demolition Permit issuance, a completed PCB screening form is required and Phase 1 Site Assessment.
63. Prior to Building Permit Issuance, the applicant shall provide a current (less than 6 month old) preliminary title report and all supporting documents.
64. If necessary due to project phasing, the applicant shall submit a Parcel Map, showing the merger of existing parcels and dedication of required right-of-way and easements, for review and approval. The Parcel Map shall be recorded prior to building permit issuance.
65. Project plans shall indicate and show all existing and/or proposed private and public easements, including public easements for sidewalks.
66. Applicant shall submit for a dewater plan during construction for review during Building permit application.
67. Temporary shoring shall not encroachment in the public right-of-way. Submit temporary shoring plan for review.
68. Prior to Building Permit issuance, the Applicant shall submit a current, signed and stamped topographic and boundary survey prepared by a registered land surveyor showing existing conditions and boundary information.
69. A separate off-site improvement plans for all work in public right-of-way along the project frontage shall be provided at time of Building Permit Application. Provide complete set of off- site improvement plans which shall include, but not limited to the following:
a. Existing conditions and demolition plans
b. Horizontal control plan
c. Grading, drainage, and utility plans
d. Cross section of the street showing existing and proposed utilities e. Erosion control
f. Signing and striping
g. All appropriate details for off-site construction
h. Grind and overlay, at City’s discretion.
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70. Prior to Building Permit issuance, the Applicant shall demonstrate with appropriate sections and grade elevations at all property lines adjoining adjacent properties that project site does not drain towards neighboring properties. Cross lot drainage including overflow drainage is prohibited.
71. Prior to Building Permit issuance, the Applicant shall provide composite joint trench plans, on- site and off-site signing and striping plans. The joint trench plans shall show any new dry utilities to be place underground. In addition, any existing overhead utilities with the site or along the project street frontages shall be placed underground.
72. Project plans shall include, but not limited to all applicable City Standard details and cross reference all City details for the driveways, sidewalks, storm drain, water service, sewer lateral connection, sewer cleanout, and junction box connection.
73. Project plans shall label and delineate all existing and proposed easements throughout the plan set.
74. The applicant shall enter into a Subdivision Improvement Agreement to implement the improvements shown on the tentative map.
75. Prior to the issuance of final Certificate of Occupancy for the Project, Developer shall record and execute an easement and maintenance agreement, in substantially the form attached to the Development Agreement as Exhibit D, requiring Developer to provide public access to and maintain the portion of the central outdoor plaza located in the middle of the two buildings and between the gate and Old County Road as shown in the project plans prepared by STUDIO Architecture, dated January 11, 2023.
76. PEDESTRIAN CROSSING: A HAWK Pedestrian/ Bicycle Signal or a Rectangular Rapid Flashing Beacon as approved by the Public Works Director shall be installed at the Bransten Street/ Old County Road intersection at the interim north end of the Class IV bikeway.
77. STREET IMPROVEMENTS: Street Improvements shall include reconstruction of all frontage improvements along the Bransten Street, Old County Road, and Commercial Street frontages, in general conformance with the Preliminary Civil Site Plan prepared by Kier & Wright, dated January 11, 2023. The dimensions of the Bransten Street sidewalk/ multi-use path may be adjusted as approved by the Community Development Director and Public Works Director to accommodate additional landscaping. A revised sidewalk and landscaping design is shown in the revised drawings dated May 26, 2023.
78. BRANSTEN STREET: Bransten Street will be completely reconstructed along the project’s frontage per City standards. Reconstruction of the pavement done to the subgrade will make the pavement work a C.3 regulated project under the City’s stormwater permit, and treatment of the reconstructed pavement will be required. Offsite stormwater measures maybe provided on Bransten Street closer to Industrial Road in order to utilize the existing storm drain.
All work on Bransten Street shall be coordinated with the 789 Old County Road development.
79. OLD COUNTY ROAD/ COMMERCIAL STREET: The limits of the street improvements at the Old County Road/ Commercial Street intersection and along both street frontages shall be determined during final design, and may be dependent on the timing of the Alexandria 987 Commercial Street development. The two developments shall coordinate the limits of work and phasing of the construction. At a minimum, this project shall the construct the frontage improvements on Old County Road, reconstruction of the curb return on Old County Road and
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Bransten to accommodate right turns, conform pavement on both street frontages, an asphalt overlay on Old County Road, interim crosswalk improvements at the Old County Road/ Commercial Street intersection to replace the existing crosswalks, and interim striping as needed. Interim offsite improvements may be needed to provide a conform to existing improvements at the intersection.
The traffic signal at the Old County Road/ Commercial Street intersection shall include traffic control for the Class IV bicycle lane.
80. COMMERCIAL STREET STORM DRAIN: Construction of drainage improvements in Commercial Street shall be coordinated with the 987 Commercial Street development. The storm drain line shall be constructed by this development should it proceed the 987 Commercial Street development, subject to a requirement to enter into a fair share agreement, which shall also be a requirement in the Conditions of Approval for the 987 Commercial Street development . The line shall be sized to accommodate runoff from both developments. Improvements shall extend north to Industrial Road and shall include replacement/ upsizing of the existing storm drain in Commercial Street south of the Industrial Road intersection as needed.
81. OVERHEAD UTILITIES: Existing overhead utilities along the development street frontages shall be removed or placed underground. This work may be coordinated with the utility undergrounding project to be completed by the 987 Commercial Street development, provide the work is completed in advance of this development beginning construction.
82. RIGHT-OF- WAY DEDICATION: The Parcel Map shall include dedication of sidewalk easement for the 35’ curb return at the Old County Road / Commercial Street intersection.
83. OLD COUNTY ROAD AT HOWARD STREET: The project shall be responsible for a proportionate payment, based on a City provided study demonstrating nexus and proportionality, of the cost of converting southbound right turn lane on Old County Road at Howard Street to a shared thru/ right turn lane
84. SHORING TIEBACKS: Tiebacks shall be placed below any existing or potential utilities in the public ROW. Tieback plans shall shoe the location of all utilities in cross-section.
85. GROUNDWATER/ STORMWATER TREATMENT : The geotechnical report shows groundwater to be 4’ below the existing ground surface. The treatment swales will need to be isolated from the groundwater by a concrete floor.
86. FIRE ACCESS AGREEMENT: The Irrevocable License Agreement for fire access shall recorded prior to issuance of building permits.
87. PHASE I ENVIRONMENTAL ASSESSMENT: The Phase 1 Environmental Assessment notes the presence of petroleum products and chloroform in the groundwater and soil vapor, a possible gasoline vapor tank and associated piping, and downgradient contamination, and notes the further work to mitigate these conditions will be needed as required by the San Mateo County Environmental Health Division and the San Francisco Bay Regional Water Quality Control Board.
88. CORROSION PROTECTION: The Geotechnical Report notes the need for possible corrosion protection of buried metal. Corrosion protection may be required, if the geotechnical consultant determines it is necessary during the course of construction.
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The applicant shall implement the Mitigation Measures identified in the Initial Study Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the 841 Old County Road Project and as listed below.
89. 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”.
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. 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.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. 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.
6. 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.
7. 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.
8. 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.
90. Bio-1: Pre-Construction Nesting Bird Survey. Initiation of construction activities during the avian nesting season (February 15 through September 15) shall be avoided to the extent feasible. If construction initiation during the nesting season cannot be avoided, pre-construction surveys for nesting birds protected by the Migratory Bird Treaty Act of 1918 and/or Fish and Game Code of California within 100 feet of a development site in the project area shall be conducted within 14 days prior to initiation of construction activities. If active nests are found, a 100-foot buffer area shall be established around the nest in which no construction activity takes place. The buffer width may be modified upon recommendations of a qualified biologist regarding the appropriate buffer in consideration of species, stage of nesting, location of the nest, and type of construction activity based upon published protocols and/or guidelines from the U.S. or California Fish and Wildlife Services (USFWS, CDFW) or through consultation with USFWS and/or CDFW. The biologist may also determine that construction activities can be allowed within a buffer area with monitoring by the biologist to and stoppage of work in that area if adverse effects to the nests are observed. The buffer shall be maintained until after the nestlings have fledged and left the nest. These surveys would remain valid as long as construction activity is consistently occurring in a given area and would be completed again if there is a lapse in construction activities of more than 14 consecutive days during the nesting season.
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91.Cul-1: Further Site Assessment. Prior to ground disturbance, a qualified consultant shall conduct further archival and field study research to determine the appropriate locations for cultural or tribal cultural resource (historic/archaeological/paleontological/Native American) monitoring during removal of asphalt or concrete, fill, vegetation, or structures. Field study may include, but is not limited to, hand auger sampling, shovel test units, or geoarchaeological analyses as well as other common methods used to identify the presence of buried archaeological resources.
92.Cul-2: 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.
93. Cul-3: Halt Construction Activity, Evaluate Remains and Take Appropriate Action in Coordination with Native American Heritage Commission. In the event that human remains are uncovered during site preparation, excavation or other construction activity, the project applicant shall cease or ensure that all such activity within 25 feet of the discovery are ceased until the remains have been evaluated by the County Coroner, which evaluation shall be arranged by the project applicant, and appropriate action taken by the project applicant 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.
94.Geo-1: Compliance with a design-level Geotechnical Investigation report prepared by a Registered Geotechnical Engineer and with Structural Design Plans as prepared by a Licensed Professional Engineer. Proper construction shall be performed in accordance with the recommendations of a Registered Geotechnical Engineer and a Licensed Professional Engineer. The structural engineering design, with supporting Geotechnical Investigation, shall incorporate seismic parameters compliant with the California Building Code.
95. Geo-2: Excavation Monitoring. The construction contractor shall implement a monitoring program to monitor the effects of the construction on nearby improvements, including the monitoring of cracking and vertical movement of adjacent structures, nearby streets, sidewalks, parking and other improvements. This shall include the installation of inclinometers or other instrumentation as part of the shoring system to closely monitor lateral movement at locations considered by the geotechnical engineer to be critical areas. The monitoring program shall be active from the beginning of excavation until the framing of the subterranean structure is complete and dewatering ceases.
96. Haz-1: Adherence to Remediation Measures. The applicant shall work with RWQCB to re- activate the fuel leak case and prepare and implement an agency-approved site-specific Site Mitigation Plan. The Site Mitigation Plan shall provide procedures and protocols for excavation, waste classification, and transportation/disposal of the contaminated soil; design of an excavation dewatering treatment system to manage the residual contamination in groundwater and excavation water generated during remediation and grading activities; a soil vapor barrier extension to the waterproofing system for some or all of the perimeter subterranean garage walls to mitigate chemically-affected soil vapor from migrating onto the project site; and further assessment of adjacent down-gradient properties, as required by the RWQCB, to evaluate conditions following completion of the on-site remediation and subgrade construction activities.
97. Haz-2: Lead-Based Paint and Asbestos Abatement. Prior to demolition, the applicant shall demonstrate that buildings have been assessed for asbestos-containing materials and lead-
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based paint and that any suspected such materials have been abated by a licensed abatement contractor and disposed of according to all state and local regulations.
98. Noise-1: Rooftop Mechanical Equipment Noise Assessment and Abatement. The applicant shall conduct a detailed mechanical noise analysis once rooftop equipment has been selected.
If any equipment exceeds 87 dBA at 5 feet from the property line, the applicant shall provide silencers, barriers, or other noise mitigation treatments to reduce expected noise levels from the mechanical equipment to within the noise ordinance limits.
99. Noise-2: Construction Vibration Reduction and Monitoring. Construction Vibration Reduction and Monitoring. Wherever feasible, operation of vibratory rollers shall be avoided within 20 feet of existing buildings and operation of other construction equipment such as large bulldozers or loaded trucks shall be avoided within 10 feet of existing structures on adjacent lots.
If vibratory rollers must operate within 20 feet of existing buildings or other major construction equipment must operate within 10 feet of existing buildings, then a vibration monitoring plan shall be prepared and implemented to monitor construction vibration at the nearest structures.
Lisa Porras, Planning Manager
Effective Date: _____, 2023
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If you require translation for this notice, please contact the City Clerk’s Office at 650-802-4222.
CITY OF SAN CARLOS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the San Carlos City Council will hold a Public Hearing on Monday, October 9, 2023 at 7:00 p.m ., for the purpose of hearing and considering all comments of all persons interested in or concerned with the application submitted by The Sobrato Family Foundation for approval of an Initial Study/Mitigated Negative Declaration, Planned Development Zoning and Planned Development Plan and Development Agreement to develop two new life science research and development buildings at 841 Old County Road (APN 046- 133-160, 046-134-050, 046-134-060, 046-135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182-110, 046-182-150). The request is pursuant to San Carlos Municipal Code Chapters 18.36,
18.37, 18.35.
Project Description: The applicant proposes two new life science/research and development buildings with a total of 339,170 square feet with surfa ce and underground parking. One building is proposed at 4 stories at a height of 74’-6’ to the roof parapet and 85’ to the top of the mechanical screen and the second building is proposed at five stories at a height of 90’-6” to the top of the roof parapet and 113’ to the top of the mechanical screen. The item is continued from the August 28, 2023 City Council meeting.
The Planning and Transportation Commission, at its June 7, 2023 meeting, voted 3- 0 to adopt Resolution PTC2023-11, recommending the City Council approve the Initial Study/Mitigated Negative Declaration (MND) and Mitigation Monitoring Program, and voted 3-0 to adopt Resolution PTC2023-12, recommending the City Council rezone the site to Planned Development and approval of a Planned Development Plan and approve the Development Agreement. The Planning and Transportation Commission voted 3-0 to approve the Transportation Demand Management Plan, Design and Grading and Dirt Haul Certificate. The Initial Study/Mitigated Negative Declaration (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the 841 Old County Road development and was available for public review and comment from January 23, 2023 through February 21, 2023.
Agenda: City Council ag enda materials may be viewed online beginning Thursday, October 5, 2023 at www.cityofsancarlos.org/agenda at the City Clerk’s Department in City Hall – 600 Elm Street; and at the San Carlos Library – 610 Elm Street.
Details and instructions on how to observe the meeting and address the Council will be available on the agenda.
Questions and Comments: Questions regarding the project may be directed to Lisa Costa Sanders, Principal Planner at [email protected]. Comments may be sent via email to the City Clerk – [email protected] and the City Council – [email protected]; or mailed to the city Clerk at 600 Elm Street, San Carlos, CA 94070, or made in-person at the public hearing.
All persons interested in the above are hereby invited to attend this public hearing and be heard. If you challenge this proposal in court, you may be limited to raising only those issues you or someone else raised at the public meeting and hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
Crystal Mui, City Clerk
Mailing Date: September 28, 2023
Publication Date: September 28, 2023
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CITY COUNCIL
STAFF REPORT
MEETING DATE: August 28, 2023
ITEM TITLE: Consideration of Actions for the Life Science/Research & Development Project at 841 Old Country Road (APNs 046-133-160, 046-134-050, 046-134-060, 046-135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182-110, 046-182-150): Adopt a Resolution Adopting the Mitigated Negative Declaration and the Associated Mitigation Monitoring and Reporting Program; Introduce an Ordinance Amending the Zoning Map to Change the Zoning of the Site from IH – Heavy Industrial Zoning District to PD – Planned Development Zoning District and Approving the Associated Planned Development Plan; and Introduce an Ordinance Approving a Development Agreement with the Sobrato Family Foundation.
RECOMMENDATION:
The Planning and Transportation Commission and staff recommend that the City Council:
1. Adopt a Resolution adopting the Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program;
2. Introduce an Ordinance amending the Zoning Map to change the zoning of the site from IH – Heavy Industrial Zoning District to PD - Planned Development Zoning District and approving the associated Planned Development Plan; and
3. Introduce an Ordinance approving a Development Agreement with The Sobrato Family Foundation.
FISCAL IMPLICATIONS:
The applicant has paid the appropriate application fees and provided deposit funds to pay for expenses related to the environmental review and other reports and analyses associated with the project. The project will be required to pay building permit fees and City impact fees. City impact fees total over $12.9 million and include: commercial linkage (affordable housing), childcare, sewer, and traffic fees. The proposed development agreement includes community benefits, which are outlined in the analysis section below and are valued at $7 million.
The proposed development will also benefit the City with increased property tax, increased sales tax revenue, and new job creation. The estimated increased revenue to the City is $13.6 million over 20 years.
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BACKGROUND:
The Property and Applicant: The property is located at 841 Old County Road and identified as Assessor Parcel Numbers 046-133-160, 046-134-050, 046-134-060, 046-135-010, 046-135-020, 046-135-030, 046-135-040, 046-182-100, 046-182-110, 046-182-150 (“Property”). On June 2, 2021, SI 74, LLC, a California limited liability company, and an entity controlled by members of the Sobrato family, submitted an application for a Zoning Map Amendment, Planned Development Plan, a Development Agreement, Design Review, Tentative Parcel Map, Transportation Demand Management Plan, and a Grading and Dirt Haul Certificate.
On September 30, 2022, SI 74, LLC transferred title to the Property to the Sobrato Family Foundation, a California non-profit public benefit corporation (the “Applicant” or “Developer”) and the City has since updated the application to reflect that all entitlements will be issued to Sobrato Family Foundation. The Sobrato Family Foundation is also controlled by members of the Sobrato family.
Process: The Planning and Transportation Commission, at its June 7, 2023 meeting, conducted a public hearing and adopted Resolution PTC2023-11, recommending that the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program and adopted Resolution PTC2023-12 recommending the City Council adopt the Ordinance to zone the site Planned Development (PD) Zoning, approve the associated Planned Development Plan, and adopt the Ordinance approving the Development Agreement. The Planning and Transportation Commission also approved the Design Review, Tentative Parcel Map, Transportation Demand Management Plan, and Grading and Dirt Haul Certificate subject to the approval of the Planned Development zoning.
The items for consideration by the City Council are the Mitigated Negative Declaration, Planned Development Zoning, Planned Development Plan, and the Development Agreement.
Existing Conditions: The 3.41-acre Project site is located at the northeast corner of Commercial Street and Old County Road, with Bransten Road located along the northern side of the site. The site is currently improved with several commercial buildings, one of which is occupied by Garden Supply and the others are currently vacant. The proposed Alexandria life science campus development is located to the south of this site and another life science development is proposed to the north at 789 Old County Road (currently Cemex). The site is located across the street from the pedestrian undercrossing, which aligns with Olive Street to the west across El Camino Real and provides access to downtown.
The site is zoned Heavy Industrial (IH) and has a General Plan designation of Planned Industrial.
The site is located within the East Side Innovation District Vision Plan area.
PROJECT DESCRIPTION
Building: The Applicant proposes to demolish the existing commercial buildings and construct the Project which will include: two new life science/research and development buildings (one at four stories and one at five stories); two levels of below-grade parking beneath the buildings; surface parking; a bike path; and, a central courtyard. The four-story (north) building is proposed at 133,923 square feet, at a height of 74’-6” to the roof parapet and 83’ to the top of the mechanical screen. The five-story (south) building is proposed at 205,247 square feet, at a height of 90’-6” to the roof parapet and 99’ to the top of the mechanical screen. The Project may be built in phases.
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The first floor of each building includes lobby space, trash, mechanical rooms, a loading dock and access to the underground parking levels. The south building includes a 1,500 square feet food service/retail space for a separate tenant that would be public serving and consistent with the “Activity Hub” priorities described in the East Side Innovation District Vision Plan. There are forty- seven surface parking spaces with the majority of the parking located underground in two, below- grade parking levels. Open lab/office space is planned for the upper floors. There is an enclosed bridge on the third floor connecting the two buildings and several outdoor terraces. An additional terrace is proposed on the fifth floor of the south building. The roof is planned to accommodate various mechanical equipment, elevator access, enclosed mechanical space, and solar panels.
The roof equipment and screen are located within the center of each building.
Site Plan and Landscaping: The site plan includes perimeter landscaping along the rear property line and a paved driveway providing fire and vehicular access through the site from Bransten Road to Commercial Street. This driveway also provides access to the underground parking levels and the loading zones. All mechanical equipment is within the building or on the roof. The Applicant proposes to provide an enhanced bike and pedestrian landscaped path along Bransten Road consistent with the East Side Innovation District Vision Plan. The Project also includes a central landscaped courtyard, a portion of which is accessible to the public.
Site Plan
Architecture/Design: The north building is designed to include one fewer story than the south building because there is a residential neighborhood nearby. The fifth floor of the south building steps back from Old County Road to reduce the apparent mass. Parking is located at-grade behind the buildings and within two levels of underground parking. To respect San Carlos’ innovation and industrial character, the Applicant has designed the buildings with natural materials including red brick masonry and terra cotta. Upper-level terraces are incorporated to increase active outdoor spaces that can be used by the tenants and provide architectural relief along building frontages. Lobby entrances for each building are designed to open to the central landscaped courtyard, with an upper-level two-story enclosed bridge to connect the two buildings at the third and fourth floors. The buildings are designed as contemporary office/lab buildings with large expanses of glass with vertical and horizontal articulation to reduce the overall mass of the building and provide visual interest. Along the Old County Road elevation, the first floor is
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designed with large expanses of glass and lined with street trees and landscaping. The south building includes a lower, two-story element along the Commercial Street frontage.
View of building along Old County Road
The sign program includes building mounted wall signs for tenants, monument signs at each building corner, and wayfinding signs. All future tenant sign requires staff level review for consistency with the sign program.
Parking Vehicles and Bicycles: The San Carlos Municipal Code requires one vehicle parking space for 800 square feet of lab space and one vehicle parking space for 300 square feet of office area. As proposed (60% office and 40% lab), the required parking is 679 spaces. In accordance with San Carlos Municipal Code Section 18.20.050, the number of parking spaces shall be reduced by 20% with a transportation demand management (TDM) plan. With the TDM reduction, the required parking is 544 parking spaces. Alternatively, the Applicant is requesting flexibility if the building were to be utilized entirely as professional office. In this scenario, the parking requirement is 930 vehicle spaces, and with the 20% TDM reduction, is 744 spaces.
The Applicant proposes two levels of below-grade parking that would accommodate 745 parking spaces, including motorcycle and tandem spaces.
Short-term bicycle parking is located along each side of the buildings at grade, and secured long- term bicycle parking is provided within the underground parking levels. The Project includes 80 short-term and 55 long-term bicycle parking spaces for a total of 135 bicycle spaces. The provided bicycle parking exceeds the San Carlos Municipal Code requirement by 22 more bicycle parking spaces (the Code requires 75 short term and 38 long term spaces for a total of 113 required spaces).
Off-site Improvements: The Applicant proposes to construct a new pedestrian/bicycle pathway that would run along the northern side of the site along the Bransten Road frontage as outlined in the East Side Innovation District Plan (“Alternate Discovery Path”). The new pathway includes a 2’ wide landscape strip adjacent to the street, an 8’ wide bike path, an additional 4’ wide landscape strip, and a 5’ wide pedestrian sidewalk. In response to comments from the nearby residential
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neighborhood, the Applicant incorporated minor revisions to the pathway to expand the landscape strip to accommodate larger trees between the bike path and the pedestrian path to further screen the building from view. This required the granting of a larger easement on private property to accommodate the improvements. In addition, the project is required to underground utilities, reconstruct sidewalks, construct a cycle track on the east side of Old County Road, and install a new lighted pedestrian crosswalk at Bransten Road and Old County Road.
Community Benefits: The community benefits offered by the Developer include the bike and pedestrian path along Bransten Road as described above, and a community serving café with patio space. The community benefits also include monetary contributions to the City’s Downtown Improvement Fund, Community Improvement & Recreation Fund, and Green Energy Sustainability Fund, totaling $6,296,600 in monetary contributions to the City. The total community benefits are valued at $7,000,000 as outlined below.
841 Old County Road Community Benefits:
Downtown Improvement funds $2,796,600
Community Improvement & Recreation Fund $3,000,000
Green Energy Sustainability $500,000
Café (credit) $555,000
Bike/Pedestrian path (credit) $148,400
$7,000,000
The community benefits are included in the Development Agreement. The Developer is requesting a 10-year term on the Development Agreement, vesting City laws and impact fee provisions. Construction of the off-site improvements and payment of the community benefits contribution is required prior to issuance of the first building permit for the Project.
The development will also be required to pay City impact fees. The final fee amount will be determined at building permit submittal. Impact fees are required to be paid at building permit issuance. Based on the proposed plans, the fees are estimated as follows:
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Commercial linkage fee (for affordable housing) $6,634,785.00 Sewer fees (connection and capacity) $2,893,081.89
Traffic impact fee $1,829,614.58
Child care impact fee $1,621,543.00
Total City impact fees $12,979,024.47
Other Reviewing Agencies: The C/CAG Airport Land Use Committee reviewed the Project at its April 27, 2023 meeting, with a favorable recommendation to the Board. The C/CAG Board, at its May 11, 2023 meeting, determined that the Project is consistent with the Airport Land Use Compatibility Plan for the San Carlos Airport. The Applicant also received a written determination of no hazard to air navigation from the FAA. The project, as proposed, is consistent with the Airport Plan, and would not exceed obstruction standards and would not be a hazard to air navigation. The Applicant is required to file additional information with the FAA within five days of construction reaching its greatest height.
ENVIRONMENTAL REVIEW
The City has undertaken an environmental review of the Project as required by the California Environmental Quality Act (CEQA). The potential for the Project to result in environmental impacts was assessed in an Initial Study addressing all environmental topics under CEQA per section 15063 of the CEQA Guidelines. Technical analysis supported conclusions in the Initial Study.
Based on the analyses, the Initial Study concluded that, with implementation of standard conditions of approval and mitigation measures identified in the Initial Study, the Project would not result in any significant environmental impacts.
Potentially Significant Impacts Requiring Mitigation: The analysis found some impacts that could potentially be significant without mitigation. They are included in full in the MND and summarized below with the proposed mitigation measures:
Air Quality, Construction Emissions: Construction of the Project would result in short- term construction emissions. A mitigation measure requires construction equipment to follow Bay Area Air Quality Management District (BAAQMD) “Basic Construction Mitigation Measures.”
Biological Impact: A mitigation measure requires the Applicant conduct a pre- construction nesting bird survey.
Cultural Resources Impact. There are no known cultural resources, however, Project construction may disturb unknown buried archaeological resources. A mitigation measure requires further site assessment and archaeological sensitivity training prior to the start of construction and prior to ground disturbance. In the event archaeological resources are unearthed during construction, all resources shall be evaluated by a qualified professional archaeologist and an appropriate treatment plan for the resources will be prepared. If human remains are unearthed, the County Coroner shall be consulted and, if determined to be of Native American origin, the Native American Heritage Commission shall be consulted for ultimate disposition.
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Geological Impact: The contractor shall implement a monitoring program to monitor the effects of the construction on nearby improvements, including cracking and vertical movement on adjacent structures and street improvements.
Hazardous Materials: The Applicant is required to work with Regional Water Quality Control Board (RWQCB) to re-activate the fuel leak case and prepare and implement an agency approved remediation plan to address contaminated soil. The Applicant is also required to abate any lead-based paint and asbestos prior to building demolition.
Noise: The Applicant is required to conduct a detailed mechanical noise analysis once rooftop equipment has been selected and provide noise mitigation, if needed to comply with noise ordinance limits. The contractor will be required to reduce construction vibration and monitor if major construction equipment must operate within 10 feet of existing buildings.
With implementation of the mitigation measures, the Project will not result in a significant impact to the environment.
Transportation Impact Analysis: A complete Transportation Impact Analysis (TIA) has been completed to determine if there are any safety issues under CEQA or if there are non-CEQA impacts that should be addressed.
The analysis concludes that there will be no new significant impacts to intersections as a result of the Project. Some of the study intersections are operating at levels considered unacceptable and/or are projected to operate at unacceptable levels under cumulative conditions; however, the contribution of the proposed Project traffic to these intersections would not be significant per the City General Plan standards and C/CAG standards. The Applicant will be required to pay the Transportation Impact Fee that will be utilized by the City for traffic improvements and participate in a Transportation Management Association (TMA) when formed.
Circulation and Comment Period: The MND was available for a 30-day public review and comment from January 23, 2023 through February 21, 2023. Notice of the availability of the MND was circulated to State and local agencies as required by CEQA Guidelines and property owners and occupants within 300’ of the site. No comments were received during the public review and comment period.
A letter from a resident was received after the close of the comment period expressing concern with water usage, displacement of groundwater and risk of flooding, energy use, hazardous materials, and water quality and discharge. Lamphier-Gregory, the City’s CEQA consultant, prepared a memo responding to the comments. This memo and the comment letter are included as an exhibit to the CEQA Resolution.
ANALYSIS:
Consistency with the General Plan: The subject site has General Plan land use designation of Planned Industrial which permits research and development (R&D), biotech, light industrial, flex, warehousing, and related uses. The Project is consistent with the General Plan policies to encourage new commercial development to expand the City’s tax base and to support the expansion of key growth industrials.
The Project is also consistent with principals from the East Side Innovation District Vision Plan as
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it:
Implements the Discovery Path along Bransten Road with landscaping, bike path, and sidewalk.
Implements the East Side connect with street trees, sidewalks, and lighting along Old County Road and a new cycle track, creating a new multi-modal street with implementation of the Bike and Pedestrian Master Plan.
Supports distinct district subareas; new buildings should enhance the character of the street and embody a superior quality of architecture and urban design. Includes an Activity Hub at the corner of Old County Road and Commercial Street, a café space, and outdoor patio.
Improves the Old County Road and Commercial Street intersection in coordination with the Alexandria development.
Includes a publicly accessible plaza space along Old County Road with landscaping and seating.
Promotes environmental stewardship by encouraging alternative transportation (see TDM section below), all-electric building, designed to be purple pipe ready, and includes roof top solar panels.
Contributes towards community benefits.
Planned Development Zoning District and Planned Development Plan: The Developer has requested to rezone the subject site from Heavy Industrial (IH) to Planned Development (PD) Zoning District in accordance with SCMC Chapters 18.10, Planned Development District, and
18.36, Planned Development. The rezoning requires City Council approval, with the Planning and Transportation Commission as the recommending body for the action.
The proposed Project complies with all development standards and supplemental regulations of the IH Zoning District, except for height, floor area, and exterior side yard setback. The Project complies with other setback requirements, landscaping, and parking requirements. The Applicant is requesting the following Planned Development zoning standard adjustments:
1.Height: Exceed the maximum height of 50’ allowed the IH District. The Applicant proposes the two new buildings, a four story building at a height of 74’-6’ to the roof parapet and 83’ to the top of the mechanical screen and a five story building at a height of 90’-6” to the top of the roof parapet and 99’ to the top of the mechanical screen.
2. Floor Area: Exceed the maximum site floor area ratio of 1.0. The Applicant proposes total building square footage at 339,170 square feet resulting in a FAR of 2.28.
3. Setback: Reduce the exterior side yard setback on the Commercial Street side from 5’ to 2’-6” to accommodate street widening.
4. Use: All uses as allowed in the Heaving Industrial zoning district. All future tenants will be required to comply with the biosafety regulations in effect at the time a business registration or building permit is issued for tenant lab space.
In considering adopt the Planned Development Zoning designation and Planned Development Plan, the City Council must consider the findings included as Exhibit C to the Planned Development Ordinance.
Development Agreement: A Development Agreement is proposed for the development of the
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Property with the Project, as provided for in State law and Municipal Code Chapter 18.37. The Development Agreement describes the Project and obligates the Developer to provide certain community benefits. The Development Agreement requires the Developer to provide community benefits totaling $7.0 million in contributions and value of on and off-site improvements. Developer must provide a total of $6,296,600 in monetary contributions, and the contributions will be made to various funds as outlined above.
In exchange, for 10 years, the Development Agreement vests City laws in effect as of the date the Development Agreement ordinance is adopted; for the first five years, Developer is not required to pay new impact fees or fee increases (other than increases based on existing escalators), and the Developer may build the Project with greater height and density than otherwise allowable under the City code. Despite the vesting of City laws, the Developer and the Property will be subject to any new laws regulating or prohibiting BSL 3 or BSL 4 uses (including the Ordinance that was adopted on August 14, 2023, if for any reason it is not effective before the Development Agreement becomes effective).
The key community benefit is that Developer will construct the south building with a space (called a “Community Benefit Space” in the Development Agreement) suitable for any of the following uses as defined in Chapter 18.40 of the San Carlos Municipal Code:
Any Eating and Drinking Establishment (excluding night clubs) (referred to as “Restaurant/Coffee Shop Use” in the Development Agreement) Retail Sales (excluding Cannabis Dispensaries and Retail Establishments Selling Ammunition or Firearms)
Instructional Services
Animal Care, Sales, and Services (excluding Veterinary Services) Personal Services (excluding Tattoo or Body Modification Parlor) Government Offices
Cultural Institutions
The Developer is receiving a $555,000 community benefit credit for providing the Community Benefit Space. To ensure that the Community Benefit Space is constructed and leased timely, the Development Agreement includes the following terms:
The final certificate of occupancy for the south building must be requested and issued prior to the issuance of a final certificate of occupancy for any other building or structure in the Project.
Developer must construct the Community Benefit Space with concrete slab floors, drywall, insulation, HVAC distribution into the space, and some utility conduits or connections to the space at the time a final certificate of occupancy is issued for the south building.
Developer must make good faith efforts to market and lease the Community Benefit Space to a tenant providing a Restaurant/Coffee Shop Use, but may also market the Community Benefit Space to tenants providing any of the uses listed above. Developer must provide the City Community Development Director at least quarterly updates on the efforts to lease the Community Benefit Space until a lease is entered into with a tenant.
The Developer must offer the Community Benefit Space at an initial triple net rent rate that does not exceed a fair market rent rate.
If within three years of the final Certificate of Occupancy for the south building, a lease is not entered into and there are no active negotiations likely to lead to a lease, the Developer must pay a community amenity fee in the amount of $555,000 and the use
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restriction will be lifted so that Developer can lease the space for any allowable use.
To ensure that the Community Benefit Space remains leased, if the initial tenant’s lease term is less than ten years or either party terminates the lease in less than ten years, the Developer is obligated to market the space in compliance with the terms above and provide regular updates to the City Community Development Director about its leasing efforts until ten years from issuance of the final Certificate of Occupancy for the south building.
As additional consideration for the Development Agreement, the Developer must record an easement and maintenance agreement to allow the public to access the portion of the central outdoor plaza located outside the front gate before the final certificate of occupancy for the Project is issued. The easement will allow public access for the longer of daylight hours (sunrise to sundown) or the hours that the tenant of the Community Benefit Space is open to the public.
To approve a Development Agreement, the City Council is required to find that the Development Agreement is consistent with the General Plan. These findings are included as Exhibit A to the Development Agreement Ordinance. The Planning and Transportation Commission is the recommending body on Development Agreements. As outlined in Exhibit A, the Project and the contributions of community benefits are consistent with the General Plan as well as the guiding principles of the East Side Innovation District Vision Plan.
PUBLIC OUTREACH
The Applicant conducted public outreach with business owners and property owners within 300 feet of the site. The applicant also met with the leads of the Greater East Side Community (GESC).
The GESC leads expressed concern with on-site contamination, height of the buildings, and the view of the buildings from the neighborhoods. The Applicant noted that the site grading for the below grade parking levels will remove soil to a depth of approximately 23 feet and is expected to fully remove any contaminated soil. The Applicant modified the plans to address comments from the GESC by increasing the landscape strip along Commercial Street to accommodate larger trees and lowering the height of the roof top mechanical screen.
Public comments were received from Gary and Debbie Baldocchi expressing concern with the CEQA analysis prior to the Planning and Transportation Commission meeting. This comment letter and the CEQA Response Memo is included as Exhibit C to the CEQA Resolution. Comment letters expressing support for the Project were received from SAMCEDA and Chamber San Mateo County.
The required public notice was mailed to all property owners within 300’ of the sites and published in the San Mateo Daily Journal on August 17, 2023.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Take the following action s for the Life Science/Research & Development Project at 841 Old County Road:
i. Adopt a Resolution adopting the Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program;
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ii. Introduce an Ordinance amending the Zoning Map to change the site from IH – Heavy Industrial Zoning District to PD - Planned Development Zoning District and approving the associated Planned Development Plan; and
iii. Introduce an Ordinance approving a Development Agreement with the Sobrato Family Foundation; or
2. Do not adopt the proposed Resolution nor introduce the proposed two Ordinances; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Resolution - Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan Exhibit A: MND
Exhibit B: MMRP
Exhibit C: Response to Comments
2. Ordinance rezoning the site to Planned Development (PD) Zoning District and approving the associated Planned Development Plan
Exhibit A: Zoning Map and Plan of Development
Exhibit B: Planned Development Plan
Exhibit C: Findings
3. Ordinance approving the Development Agreement
Exhibit A: Findings
Exhibit B: Development Agreement
4. Code Compliance Certificate for the Design Review, Transportation Demand Management and Transportation Demand Management Plan
5. Applicant Letter
6. Sustainability Measures
7. Public Notice
8. Public Comment to Planning & Transportation Commission
9. Public Comments to City Council
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