HomeMy WebLinkAboutStaff Report 2302-10068.Adopt a Park Improvement Ordinance for 2850 W. Bayshore Development Sewer Line
Connection in Greer Park
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: March 6, 2023
Report #:2302-1006
TITLE
Adopt a Park Improvement Ordinance for 2850 W. Bayshore Development Sewer Line
Connection in Greer Park
RECOMMENDATION
Staff recommend that City Council adopt the attached Park Improvement Ordinance for the
2850 W. Bayshore Development Project sewer line connection in Greer Park.
EXECUTIVE SUMMARY
On June 20, 2022, the City Council approved a Major Architectural Review and Vesting
Tentative Map application at 2850 West Bayshore Road to replace the existing 30,000+ square
foot office building with a 48-unit townhome project proposed by Summerhill Homes.1 As part
of this project, the developer intends to replace a private sewer line connection that runs
underneath Greer Park. The existing sewer line is within an easement under Field 3 in Greer
Park. The developer is proposing to realign the sewer line to the edge of Field 3 to limit the
area of impact.
This item will be heard by the Parks and Recreation Commission on February 28, 2023, which is
after this item is published but before the March 6, 2023 Council meeting. Staff will provide an
at-places memorandum to Council on the outcome of the Commission meeting. The staff
report for the Parks and Recreation Commission provides the details and discussion of this
project and is attached for the Council’s consideration.
Separately, staff plan to bring the new easement, vacation of the existing easement, and final
map for the project to Council in late March or April.
1 See staff report from June 20, 2022 City Council meeting, Item 30 at
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220620/20220620pccsm-amended-final-final.pdf
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FISCAL/RESOURCE IMPACT
The sewer line connection replacement is a privately funded project. Approval of this
ordinance will not generate any new capital projects or expenses beyond the staff time needed
to monitor compliance with the restoration of the park after construction.
STAKEHOLDER ENGAGEMENT
This item will be heard at the Parks and Recreation Commission on February 28, 2023. Staff will
provide an update on this item with any feedback from the Commission prior to the City
Council meeting.
ENVIRONMENTAL REVIEW
On June 20, 2022, the City Council found that this project is categorically exempt from CEQA
under Class 32 (infill development).
ATTACHMENTS
Attachment A: Staff Report to the Parks and Recreation Commission, February 28, 2023
Attachment B: Ordinance Approving and Adopting a Plan for Sewer Line Replacement at Greer
Park
APPROVED BY:
Kristen O'Kane, Community Services Director
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TO: PARKS AND RECREATION COMMISSION
FROM: GARRETT SAULS
DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT
DATE: FEBRUARY 28, 2023
SUBJECT: PARK IMPROVEMENT ORDINANCE FOR 2850 W. BAYSHORE
DEVEOPMENT SEWER LINE CONNECTION IN GREER PARK
RECOMMENDATION
Staff recommends that the Parks and Recreation Commission (PRC) recommend that City Council
adopt a Park Improvement Ordinance (Attachment A) at Greer Park for the sewer line connection
associated with the 2850 W. Bayshore Road development project.
BACKGROUND
On June 20, 2022, the City Council approved a Major Architectural Review and Vesting Tentative
Map application at 2850 West Bayshore Road to replace the existing 30,000+ square foot office
building with a 48-unit townhome project proposed by SummerHill Homes. The proposal included
modifications to the property to build the 48-unit project, modification to landscaping abutting the
shared property line between 2800 and 2850 West Bayshore Road and Greer Park, and
modification of the sewer line within the existing easement shared by both Bayshore Road
properties that runs through Greer Park.
DISCUSSION
Through discussions with the applicant during the Final Map application, the applicant noted
significant work would need to be done to modify the existing sewer line which runs through Greer
Park. A Final Map application is a follow-up subdivision application to the Tentative Map
subdivision application intended to record division of land for the purposes of selling, or
conveying, them separately from each other. In this instance, the property itself is not being split,
but new condominium parcels are being created on site for 48 new units that will be built on 2850
West Bayshore Road. This will allow the developer to sell each of the units separately.
Attachments B and C show the existing easement which runs through Greer Park Field
3 (highlighted in blue) and the work associated with installing the new sewer line via trenching or
boring. Staff noted that both designs would cause serious impacts to the ability to use the fields
for baseball and soccer. In addition, due to changes in the building code since the easement was
established, a manhole would need to be introduced at the bend in the sewer line and every 500
feet. Based on the existing layout, placing a manhole in Field 3 would permanently impact it such
that it could no longer be used for the City’s typical recreation programs.
The applicant has proposed to realign the sewer easement and line for both West
Bayshore properties as shown in Attachment D (highlighted in blue). Realigning the easement to
the edge of Field 3 will eliminate the need to install a new manhole in the middle of the Field 3.
Realigning the easement will also help to limit the area of impact from future modifications tothe
sewer line
Attachment A
2
should any regular or emergency maintenance need to occur. The easement process is separate
from whether this Park Improvement Ordinance is granted, and its issuance will require the owners
of 2800 W. Bayshore and 2850 W. Bayshore to vacate their existing sewer easement.
The alternative easement alignment allows the construction activity associated with the sewer
connection to occur outside the field of play for Field 3. The alternative easement doesn’t require
the removal of any park trees. The project construction work will be contained within the shaded
area in Attachment E. The sewer line will be installed in sections; each day the
applicant’s utility contractor will dig a section of trench, install a section of sewer pipe and then
backfill the trench. At the end of each work day the trench will be closed, avoiding the need
for overnight construction security fencing that would damage the field. During construction
activities, the utility contractor will use flaggers, cones and caution tape as needed to keep
park users away from the construction area.
Equipment and materials for the installation of the sewer line will be stored at 2850 W. Bayshore
and brought to the park each day as needed. The utility contractor will access Greer Park from the
property at 2850 W. Bayshore, entering through the fence at the rear of the property. There are
some weeds and volunteer shrubs along the fence line (approximately 15’) that will be removed
to allow access (See Attachment F for photographs.) SummerHill will replace the shrubs
with native species (species to be provided by Parks staff). To install the section of the sewer line
that crosses the dog park, the utility contractor needs to temporarily remove two sections
of the fence that encloses the dog park. The sections of fence will be replaced after the sewer
line has been installed. The dog park will be closed for approximately two to three days.
SummerHill indicated that there would be approximately two weeks of construction activity in the
park. In addition to the two weeks of construction, there would also be six to eight weeks of closure
of the impacted area for decompaction, seeding, and reestablishing the turf. These areas are outside
the field of play for the Greer Park athletic fields.
There are soccer and Little League baseball activities permitted for use on Greer Field 3 through
May 22, 2023. The soccer activity is for weekend use of the field. The construction activity will
not impact the soccer use of Field 3. Little League baseball activity is on weekdays in the
afternoon. The construction activity will not impact Little League baseball use of Field 3.
The contractor will restore all areas of Greer Park that are impacted by the project to the same or
better condition as prior to the project:
x The dog park (surfacing and fencing)
x All park pathways
x All turf areas (decompaction, seeding, fertilization details to be provided by the City to
SummerHill)
x Replanting at the point of entry between the 2850 W. Bayshore property and the park
TIMELINE
x March 2023—New easement to City Council for approval
Attachment A
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x March 6, 2023 –Park Improvement Ordinance (PIO) to City Council
x March 20, 2023--Second reading of the PIO
x April 20, 2023—PIO becomes effective, and construction may begin (assuming all other
requirements met)
Attachment A
NOT YET ADOPTED
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264_20230221_ts24
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Approving and
Adopting a Plan for Sewer Line Replacement at Greer Park
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.005 of the Palo
Alto Municipal Code require that, before any substantial building, construction,
reconstruction or development is commenced or approved, upon or with respect
to any land held by the City for park purposes, the Council shall first cause to be
prepared and by ordinance approve and adopt a plan therefor.
(b) Greer Park (the “Park”) is dedicated to park purposes. (See Municipal Code section
22.08.010)
(c) The City intends to authorize a sewer replacement that runs underneath Greer
Park as part of the private development project at 2850 W. Bayshore Road.
(d) The developer of 2850 W. Bayshore will be responsible for the plan of construction
below.
(e) The plan of construction shall comprise as follows:
(1) Install a new sewer line in the location specified in Exhibit A.
(2) Shrubs along the fence line between the W. Bayshore parcels and Greer
Park will be removed and replaced with native species.
(3) Sections of the dog park fence will be temporarily removed and replaced.
(4) Turf affected by the construction will be replaced.
(5) Park pathways will be replaced or rehabilitated.
(f) This plan is an alternative to replacing the existing sewer line which runs under
Field 3 in Greer Park in an existing easement. Replacing the existing sewer line in
its existing configuration would create more impacts to Field 3, both during
construction and after construction is over, including the need for a ground-level
manhole cover in Field 3. This alternative eliminates the manhole cover
altogether and reduces construction impacts to existing users of Field 3.
(g) The City Council desires to approve the plan of improvements described above.
SECTION 2. The City Council hereby approves the plan of improvements in the Park
described in this ordinance.
Attachment A
NOT YET ADOPTED
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264_20230221_ts24
SECTION 3. This ordinance serves only to satisfy the requirement in PAMC section
22.08.005 (Ordinance required for substantial building, construction, etc.) and its related
provision in Article VIII (Parks) of the City Charter. This ordinance does not itself create, substitute
for, or waive any requirement to secure an easement, land use approval, building permit,
encroachment permit, or any other land use entitlement or permit.
SECTION 4. The City Council has found this project exempt under the Class 32
categorical exemption under CEQA on June 20, 2022.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Community Services
Attachment A
NOT YET ADOPTED
3
264_20230221_ts24
Exhibit A
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264_20230221_ts24
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Approving and
Adopting a Plan for Sewer Line Replacement at Greer Park
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.005 of the Palo
Alto Municipal Code require that, before any substantial building, construction,
reconstruction or development is commenced or approved, upon or with respect
to any land held by the City for park purposes, the Council shall first cause to be
prepared and by ordinance approve and adopt a plan therefor.
(b) Greer Park (the “Park”) is dedicated to park purposes. (See Municipal Code section
22.08.010)
(c) The City intends to authorize a sewer replacement that runs underneath Greer
Park as part of the private development project at 2850 W. Bayshore Road.
(d) The developer of 2850 W. Bayshore will be responsible for the plan of construction
below.
(e) The plan of construction shall comprise as follows:
(1) Install a new sewer line in the location specified in Exhibit A.
(2) Shrubs along the fence line between the W. Bayshore parcels and Greer
Park will be removed and replaced with native species.
(3) Sections of the dog park fence will be temporarily removed and replaced.
(4) Turf affected by the construction will be replaced.
(5) Park pathways will be replaced or rehabilitated.
(f) This plan is an alternative to replacing the existing sewer line which runs under
Field 3 in Greer Park in an existing easement. Replacing the existing sewer line in
its existing configuration would create more impacts to Field 3, both during
construction and after construction is over, including the need for a ground-level
manhole cover in Field 3. This alternative eliminates the manhole cover
altogether and reduces construction impacts to existing users of Field 3.
(g) The City Council desires to approve the plan of improvements described above.
SECTION 2. The City Council hereby approves the plan of improvements in the Park
described in this ordinance.
Attachment B
NOT YET ADOPTED
2
264_20230221_ts24
SECTION 3. This ordinance serves only to satisfy the requirement in PAMC section
22.08.005 (Ordinance required for substantial building, construction, etc.) and its related
provision in Article VIII (Parks) of the City Charter. This ordinance does not itself create, substitute
for, or waive any requirement to secure an easement, land use approval, building permit,
encroachment permit, or any other land use entitlement or permit.
SECTION 4. The City Council has found this project exempt under the Class 32
categorical exemption under CEQA on June 20, 2022.
SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Community Services
Attachment B
NOT YET ADOPTED
3
264_20230221_ts24
Exhibit A
(see next page)
Attachment B
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