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Earlier editions: 2026-09

Title 16 — Zoning

Menlo Park Municipal Code Ch. 16.35 Zoning

Menlo Park Municipal Code · 2026-10 edition · updated 2026-10-04 · Menlo Park

Cite as: Menlo Park Municipal Code Chapter 16.35 · Text as of 2026-10-04

§ 16.35.010. Purpose.

The purpose and intent of the Administrative, Professional and Research, Special District is to:

(1) Encourage quality residential development at a range of densities in conjunction with commercial development or redevelopment;

(2) Create opportunities for research and development (R&D) and light industrial uses (including life science and laboratory uses), office, public and quasi-public uses, and other compatible uses;

(3) Blend with and complement existing neighborhoods through site development regulations and design standards that minimize impacts to adjacent uses;

(4) Provide a quality and sustainable living environment for residents, workers, and visitors; and

(5) Create "missing-middle" housing opportunities emphasizing housing diversity, affordability, and ownership for families and other household compositions through mixed sized housing unit sizes, variation in building types, and variation in housing unit designs.

(6) Create integrated site development and open space planning on larger and master planned properties with the inclusion of public use open space amenities.

(7) Create opportunities for housing and employment within one-half-mile (0.5 mile) radius of a major transit stop. The C-1-S district is only applicable to parcels or project sites predominantly within 0.5 mile of a major transit stop as defined in California Public Resources Code Section 21064.3.

(Ord. 1125, 10/7/2025)

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§ 16.35.015. Definitions.

Terms are as defined in Municipal Code Chapter 16.04, Definitions, unless otherwise stated in this chapter.

(Ord. 1125, 10/7/2025)

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§ 16.35.020. Permitted uses.

Permitted uses in the Administrative, Professional and Research, Special district are as follows:

(1) Multiple dwellings, which are a required component for any development in the C-1-S district;

(2) Two-family dwellings or duplexes;

(3) Single-family dwellings;

(4) Accessory buildings and accessory dwelling units;

(5) Research and development and accessory uses (light industrial and manufacturing are not permitted), except when requiring hazardous material review;

(6) Administrative and professional offices and accessory uses;

(7) Retail sales establishments, excluding the sale of beer, wine and alcohol;

(8) Eating establishments, excluding the sale of beer, wine and alcohol, live entertainment, and/or establishments that are portable. For purposes of this chapter, an eating establishment is primarily engaged in serving prepared food for consumption on or off the premises;

(9) Personal services, excluding tattooing, piercing, palm-reading, or similar services;

(10) Recreational facilities privately operated, 20,000 or less square feet of gross floor area;

(11) All public facilities used and operated for government purposes by the city of Menlo Park, the county of San Mateo, any public school district, the state of California, and the government of the United States.

(Ord. 1125, 10/7/2025)

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§ 16.35.030. Administratively permitted uses.

Uses allowed in the Administrative, Professional and Research, Special district, subject to obtaining an administrative permit per Municipal Code Chapter 16.82, are as follows:

(1) Eating establishments, including beer and wine only, and/or that have live entertainment;

(2) Childcare center;

(3) Outdoor seating;

(4) Any outside storage of material, equipment or vehicles associated with the main use;

(5) Diesel generators.

(Ord. 1125, 10/7/2025)

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§ 16.35.040. Conditional uses.

Conditional uses allowed in the Administrative, Professional and Research, Special district, subject to obtaining a use permit per Municipal Code Chapter 16.82, are as follows:

(1) Home occupations in accordance with Section 16.04.340;

(2) Research and development and accessory uses (light industrial and manufacturing are not permitted), requiring hazardous material review;

(3) Large residential care facilities;

(4) Eating establishments, including alcohol, and/or establishments that are portable;

(5) Drinking establishments, including beer, wine and alcohol. For purposes of this chapter, a drinking establishment is a business serving beverages for consumption on the premise as a primary use;

(6) Retail sales establishments, including the sale of beer, wine and alcohol;

(7) Recreational facilities, privately operated, greater than 20,000 square feet of gross floor area;

(8) Special uses, in accordance with Chapter 16.78 of this title;

(9) Public utilities, in accordance with Chapter 16.76 of this title.

(Ord. 1125, 10/7/2025)

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§ 16.35.050. Development regulations.

Development regulations in the Administrative, Professional and Research, Special district are as follows; however, these development regulations, with the exception of residential density and intensity (residential and non-residential floor area ratio), may be modified pursuant to the terms of a conditional development permit:

Regulation Definition Requirement Notes/Additional Requirements
Minimum lot area Minimum area of building site (includes public access easements) 2 acres
Minimum lot dimensions Minimum size of a lot calculated using lot lines 150 feet width 150 feet depth
Minimum setback at street Minimum linear feet building can be sited from property line adjacent to street. 20 feet Setbacks shall be measured from the property line. In instances where there will be a public access easement for vehicles, measure the setback from the back of the easement. For projects with public access easements in the form of private streets internal to the project site, this minimum setback shall apply.
Minimum interior side and rear setbacks Minimum linear feet building can be sited from interior and rear property lines. 20 feet Minimum 10-foot deep landscape planting zone required along interior and rear property lines.
Maximum nonresidential floor area ratio (FAR) Maximum permitted ratio of nonresidential gross floor area on a lot to the square footage of the lot 50%
Residential density The number of dwelling units in an acre. 12 du/acre to 30 du/acre
Maximum residential floor area ratio Maximum permitted ratio of residential gross floor area on a lot to the square footage of the lot 40% to 100% Floor area ratio shall increase on an even gradient from 40% for 12 du/ac to 100% for 30 du/ac.
Height Height does not include roof-mounted equipment and utilities Nonresidential structures: 35 feet Mixed nonresidential and residential structures or residential structures: 40 feet A parapet used to screen mechanical equipment is not included in the height. Maximum height of mechanical equipment with screening is 14 feet and must be set back a minimum 15 feet from building façade. If less than 15 feet from façade, maximum height is 4 feet and screening required. Stairs and elevators towers may exceed the height by 14 feet. Architectural features, e.g. towers, turrets, trellises/sun shades, and similar features, including at building modulations may exceed height by up to 10 feet subject to not exceeding 10 percent of roof area. Roof top elements shall be integrated with building design.
Minimum open space requirement Minimum portion of the building site open and unobstructed by fully enclosed buildings. 30% See Section 16.35.080 for open space requirements.

(Ord. 1125, 10/7/2025)

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§ 16.35.055. Conditional development permit, required.

The purpose of the Administrative, Professional and Research, Special district is to provide flexibility for creative design, more orderly development, optimal use of open space, different residential housing types, and to allow projects that are more compatible for surrounding neighborhoods. Development in the Administrative, Professional and Research, Special district requires a conditional development permit to set the design standards, including building relationship to the street, building mass and scale, exterior materials, building design, and access and parking, and to allow for modifications to the development regulations, with the exception of residential density and intensity (residential and non-residential floor area ratio), set forth in this chapter.

For projects on contiguous sites that exceed 15 acres in size in the aggregate and are proposed for development as a single project or phased development project, residential density, FAR and open space requirements may be calculated in the aggregate across the project site, subject to a restrictive covenant recorded against all project parcels ensuring development on all project parcels in the aggregate does not exceed what would be permitted if each parcel was developed individually.

(Ord. 1125, 10/7/2025)

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§ 16.35.060. Parking standards.

Development in the Administrative, Professional and Research, Special district shall meet the following parking requirements.

Land Use Maximum Spaces 1 (Per 1,000 Sq. Ft or dwelling unit.) Minimum Bicycle Parking 2
Residential 1 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Residential with attached garage 2 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Office 2 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Research and Development 2 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Retail 2.5 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Banks and financial institutions 2.5 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Eating and drinking establishments 2.5 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Personal services 2.5 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Private recreation 2.5 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Child care center 2.5 1.5 long-term per dwelling unit; 10% additional short-term for guests 1 per 5,000 sq. ft. of gross floor area; Minimum two spaces for Office and Research Development: 80% for long-term 2 and 20% for short-term 2 For all other commercial uses: 20% for long-term 2 and 80% for short-term 2
Public parking lot or structure One space per 20 vehicle spaces
Other At public works director or designee's discretion At public works director or designee's discretion
1 The Administrative, Professional and Research, Special district is only applicable to parcels and project sites predominantly within one-half mile of a major transit stop as defined in California Public Resources Code section 21064.3 . In Menlo Park, a major transit stop means an existing rail transit station or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A project site that qualifies as a TOD would be exempt from the city's minimum parking requirement per the requirements of Assembly Bill (AB) 2097.
2 Long-term parking is for use over several hours or overnight, typically used by employees and residents. Short-term parking is considered visitor parking for use from several minutes to up to a couple of hours.

(1) Parking spaces shall be unbundled from the price of residential units such that parking is sold or rented separately, except in cases where parking is physically connected to only one unit. However, the planning commission may grant an exception from this requirement for projects which include financing for affordable housing that requires that costs for parking and housing be bundled together.

(2) Parking facilities may be shared at the discretion of the city's public works director or designee if multiple uses cooperatively establish and operate the facilities, if these uses generate parking demands primarily during different hours than the remaining uses, and if a sufficient number of spaces are provided to meet the maximum cumulative parking demand of the participating uses at any time. An individual development proposal may incorporate a shared parking study to account for the mixture of uses, either on-site or within a reasonable distance. The shared parking supply would be subject to review and approval based on the proposed uses, specific design and site conditions. Project applicants may also be allowed to meet the minimum parking requirements through the use of nearby off-site facilities at the discretion of the public works director or designee.

(Ord. 1125, 10/7/2025)

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§ 16.35.070. Transportation demand management.

New construction and additions to an existing building involving 10,000 or more square feet of gross floor area, or a change of use of 10,000 or more square feet of gross floor area shall develop a Transportation Demand Management (TDM) plan necessary to reduce associated vehicle trips to at least 35% below standard generation rates for uses on the project site. Each individual applicant will prepare its own TDM plan and provide an analysis to the satisfaction of the city's public works director or designee of the impact of that TDM program.

(1) Eligible TDM measures may include but are not limited to:

(A) Participation in a local Transportation Management Association (TMA) that provides documented, ongoing support for alternative commute programs;

(B) Appropriately located transit shelter(s);

(C) Preferred parking for carpools or vanpools;

(D) Designated parking for car-share vehicles;

(E) Requiring drivers to pay directly for using parking facilities;

(F) Public and/or private bike share program;

(G) Provision or subsidy of carpool, vanpool, shuttle, or bus service, including transit passes for site occupants;

(H) Required alternative work schedules and/or telecommuting;

(I) Passenger loading zones for carpools and vanpools at main building entrance;

(J) Safe, well-lit, accessible, and direct route to the nearest transit or shuttle stop or dedicated, fully accessible bicycle and pedestrian trail;

(K) Car share membership for employees or residents;

(L) Emergency Ride Home programs;

(M) Green Trip Certification.

(2) Measures receiving TDM credit shall be:

(A) Documented in a TDM plan developed specifically for each project and noted on project site plans, if and as appropriate;

(B) Guaranteed to achieve the intended reduction over the life of the development, as evidenced by annual reporting provided to the satisfaction of the city's public works director or designee;

(C) Required to be replaced by appropriate substitute measures if unable to achieve intended trip reduction in any reporting year;

(D) Administered by a representative whose updated contact information is provided to the public works director or designee.

(Ord. 1125, 10/7/2025)

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§ 16.35.080. Open space.

All development in the Administrative, Professional and Research, Special district shall provide a minimum amount of open space equal to 30% of the total lot area, with a minimum amount of publicly accessible open space equal to 50% of the total required open space area.

(1) Publicly accessible open space consists of areas unobstructed by fully enclosed structures with a mixture of landscaping and hardscape that provides seating and places to rest, places for gathering, passive and/or active recreation, pedestrian circulation, or other similar use as determined by the planning commission. Publicly accessible open space types include, but are not limited to, paseos, pathways, plazas, forecourts and entryways, and outdoor dining areas. Publicly accessible open space must:

(A) Contain site furnishings, art, or landscaping;

(B) Be on the ground floor or podium level;

(C) Be at least partially visible from a public right-of-way such as a street or paseo;

(D) Have a direct, accessible pedestrian connection to a public right-of-way or easement.

(2) Quasi-public and private open spaces, which may or may not be accessible to the public, include patios, balconies, roof terraces, and courtyards.

(3) Residential Open Space.

(A) Residential developments shall have a minimum of 100 square feet of open space per unit created as common open space or a minimum of 80 square feet of open space per unit created as private open space, where private open space shall have a minimum dimension of six feet. In case of a mix of private and common open space, such common open space shall be provided at a ratio equal to one and one-quarter (1.25) square feet for each one square foot of private open space that is not provided.

(B) Depending on the number of dwelling units, additional common open space shall be provided to meet the following criteria:

(i) Ten to 50 units: minimum of one space, 20 feet minimum dimension 400 sf total, minimum).

(ii) Fifty-one to 100 units: minimum of one space, 30 feet minimum dimension 900 sf total, minimum).

(iii) One hundred one or more units: minimum of one space, 40 feet minimum dimension 1,600 sf total, minimum).

(C) Residential open space shall be counted toward the required open space 30% and, as applicable, shall be counted toward the minimum required publicly accessible open space.

(4) All open spaces shall:

(A) Interface with adjacent buildings via direct connections through doors, windows, and entryways;

(B) Be integrated as part of building modulation and articulation to enhance building façade and should be sited and designed to be appropriate for the size of the development and accommodate different activities, groups and both active and passive uses;

(C) For at-grade open spaces, incorporate landscaping design that includes:

(i) Sustainable stormwater features;

(ii) A minimum landscaping bed no less than three feet in length or width and five feet in depth for infiltration planting;

(iii) Native species able to grow to their maximum size without shearing.

(5) All exterior landscaping counts towards open space requirements.

(Ord. 1125, 10/7/2025)

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§ 16.35.090. Nonresidential design standards.

All nonresidential design standards shall be set by a project-specific conditional development permit. The conditional development permit shall identify standards for, but not limited to, building relationship to the street, building mass and scale, building modulations and projections, exterior materials, building design, access and parking, and lighting.

(Ord. 1125, 10/7/2025)

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§ 16.35.100. Residential mixed-use design standards.

All residential and mixed-use design standards shall be set by a project-specific conditional development permit. The conditional development permit shall identify standards for, but not limited to, building relationship to the street, building mass and scale, building profile and stepbacks, building modulations and projections, exterior materials, building design, forms, and architecture, access and parking, and lighting.

(Ord. 1125, 10/7/2025)

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§ 16.35.110. Green and sustainable building.

In addition to meeting all applicable regulations specified in Municipal Code Title 12 (Buildings and Construction), the following provisions shall apply to projects. Implementation of these provisions may be subject to separate discretionary review and environmental review pursuant to the California Environmental Quality Act.

(1) Green Building.

(A) Any new construction, addition or alteration of a building shall be required to comply with Table 16.35.110(1)(B).

(2) Energy.

(A) For all new construction, the project will meet 100% of energy demand (electricity and natural gas) through any combination of the following measures:

(i) On-site energy generation;

(ii) Purchase of 100% renewable electricity through Peninsula Clean Energy or Pacific Gas and Electric Company in an amount equal to the annual energy demand of the project;

(iii) Purchase and installation of local renewable energy generation within the city of Menlo Park in an amount equal to the annual energy demand of the project;

(iv) Purchase of certified renewable energy credits and/or certified renewable energy off-sets annually in an amount equal to the annual energy demand of the project.

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

(i) The project will meet 100% of energy demand (electricity and natural gas) through a minimum of 30% of the maximum feasible on-site energy generation, as determined by an On-Site Renewable Energy Feasibility Study and any combination of measures ii to iv above. The On-Site Renewable Energy Feasibility Study shall demonstrate the following cases at a minimum: 1. Maximum on-site generation potential. 2. Solar feasibility for roof and parking areas (excluding roof mounted HVAC equipment). 3. Maximum solar generation potential solely on the roof area.

(C) Alterations and/or additions of 10,000 square feet or larger where the building owner elects to update the core and shell through the option presented in Table 16.35.110(2)(B):

The project will meet 100% of energy demand (electricity and natural gas) through any combination of measures i to iv listed in 16.35.110(2)(A).

TABLE 16.35.110(2)(B) GREEN BUILDING REQUIREMENTS

NEW CONSTRUCTION NEW CONSTRUCTION NEW CONSTRUCTION ADDITIONS AND/OR ALTERATIONS ADDITIONS AND/OR ALTERATIONS ADDITIONS AND/OR ALTERATIONS
Green Building Requirement 10,000 sq. ft. – 25,000 sq. ft. 25,001 sq. ft. – 100,000 sq. ft. 100,001 sq. ft. and above 1 sq. ft. – 9,999 sq. ft. of conditioned area, volume or size 10,000 sq. ft. – 25,000 sq. ft. of conditioned area, volume or size 3 25,001 sq. ft. and above of conditioned area, volume or size 3
Green Building Certified LEED Silver BD+C 1 Certified LEED Silver BD+C 1 Certified LEED Gold BD+C 1 CAL Green mandatory Certified LEED Silver ID+C1 or update core and shell of entire building to current California Energy Code 2 and meet Section 16.35.110(2)(B) Certified LEED Gold ID+C1 or update core and shell of entire building to current California Energy Code 2 and meet Section 16.35.110(2)(B)
Electric Vehicle (EV) Charging Spaces The electric vehicle charging spaces requirements in Section 16.72.010 apply. The electric vehicle charging spaces requirements in Section 16.72.010 apply. The electric vehicle charging spaces requirements in Section 16.72.010 apply. The electric vehicle charging spaces requirements in Section 16.72.010 apply. The electric vehicle charging spaces requirements in Section 16.72.010 apply. The electric vehicle charging spaces requirements in Section 16.72.010 apply.
Energy Reporting Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city Enroll in EPA Energy Star Building Portfolio Manager and submit documentation of compliance as required by the city
1 Applicable projects are required to be LEED certified: (a) applicant must submit appropriate LEED checklist and verifying cover letter from a project LEED AP with the project application; and (b) applicant must complete all applicable LEED certification documents prior to approval of the final inspection. The community development director may authorize the use of an alternate LEED rating system based on substantial evidence that the alternate LEED rating system is more appropriate for the proposed project.
2 Building owners may choose to have additions and/or alterations follow the LEED ID+C path, or alternatively, building owners may upgrade the entire existing building's core and shall to the current California Energy Code standards and follow the city's requirements listed in Section 16.35.110(2)(B) . If the building owner chooses to upgrade the entire building's core and shell to current California Energy Code standards, additions and alterations of that building will be exempt from the LEED ID+C requirement for three code update cycles beginning with the upgrade cycle and ending with the two cycles following the upgrade cycle. If this option is selected by the applicant, the building owner must upgrade to the Energy Code in effect at the time of the first building permit application for interior alteration and/or additions. Building permits for the core and shell upgrade must be initiated and satisfactory progress must be made on the core and shell upgrade project before occupancy for the additions and/or alterations shall be granted by the city's building department. If the building owner fails to complete these core and shell upgrades within one year of permit initiation, or receive a written letter from the community development director or his/her designee extending the deadline, the building owner shall be subject to typical permit violation penalties, including but not limited to stop work orders on any construction on the subject property, fines, and legal action.
3 If over a period of five years (or 60 months) the subject property makes smaller additions and/or alterations that cumulatively equal or exceed the trigger square footage listed above (i.e., 10,000 square feet or 25,001 square feet), the subject property shall be required to comply with the green and sustainable building requirements of this table.

(3) Water Use Efficiency and Recycled Water.

(A) Single pass cooling systems shall be prohibited in all new buildings.

(B) All new buildings shall be built and maintained without the use of well water.

(C) Applicants for a new building more than 100,000 square feet of gross floor area shall prepare and submit a proposed water budget and accompanying calculations following the methodology approved by the city. For all new buildings 250,000 square feet or more in gross floor area, the water budget shall account for the potable water demand reduction resulting from the use of an alternative water source for all city approved non-potable applications. The water budget and calculations shall be reviewed and approved by the city's public works director prior to certification of occupancy. Twelve months after the date of the certification of occupancy, the building owner shall submit data and information sufficient to allow the city to compare the actual water use to the allocation in the approved water budget. In the event that actual water consumption exceeds the water budget, a water conservation program, as approved by the city's public works director, shall be implemented. Twelve months after city approval of the water conservation program, the building owner shall submit data and information sufficient to allow the city to determine compliance with the conservation program. If water consumption exceeds the budgeted amount, the city's public works director may prohibit the use of water for irrigation or enforce compliance as an infraction pursuant to Chapter 1.12 of the Municipal Code until compliance with the water budget is achieved.

(D) All new buildings shall be dual plumbed for the internal use of recycled water.

(E) All new buildings 250,000 square feet or more in gross floor area shall use an alternate water source for all city approved non-potable applications. An alternative water source may include, but is not limited to, treated non-potable water such as graywater. An Alternate Water Source Assessment shall be submitted that describes the alternative water source and proposed non-potable application. Approval of the Alternate Water Source Assessment, the alternative water source and its proposed uses shall be approved by the city's public works director and community development director. If the Menlo Park Municipal Water District has not designated a recycled water purveyor and/or municipal recycled water source is not available prior to planning project approval, applicants may propose conservation measures to meet the requirements of this section subject to approval of the city council. The conservation measures shall achieve a reduction in potable water use equivalent to the projected demand of city approved non-potable applications, but in no case shall the reduction be less than 30% compared to the water budget in Section (3)(C). The conservation measures may include on-site measures, off-site measures or a combination thereof.

(F) Potable water shall not be used for dust control on construction projects.

(G) Potable water shall not be used for decorative features, unless the water recirculates.

(4) Hazard mitigation and sea level rise resiliency (if located in a FEMA flood zone).

(A) The first floor elevation of all new buildings shall be 24 inches above the Federal Emergency Management Agency base flood elevation (BFE) to account for sea level rise. Where no BFE exists, the first floor (bottom of floor beams) elevation shall be 24 inches above the existing grade. The building design and protective measures shall not create adverse impacts on adjacent sites as determined by the city.

(B) Prior to building permit issuance, all new buildings shall pay any required fee or proportionate fair share for the funding of sea level rise projects, if applicable.

(5) Waste Management.

(A) Applicants shall submit a zero-waste management plan to the city, which will cover how the applicant plans to minimize waste to landfill and incineration in accordance with all applicable state and local regulations. Applicants shall show in their zero-waste plan how they will reduce, recycle and compost wastes from the demolition, construction and occupancy phases of the building. For the purposes of this ordinance, Zero Waste is defined as 90% overall diversion of non-hazardous materials from landfill and incineration, wherein discarded materials are reduced, reused, recycled, or composted. Zero Waste plan elements shall include the property owner's assessment of the types of waste to be generated during demolition, construction and occupancy, and a plan to collect, sort and transport materials to uses other than landfill and incineration.

(6) Bird-Friendly Design.

(A) No more than 10% of façade surface area shall have non-bird-friendly glazing.

(B) Bird-friendly glazing includes, but is not limited to opaque glass, covering the outside surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over non-reflective glass. Highly reflective glass is not permitted.

(C) Occupancy sensors or other switch control devices shall be installed on non-emergency lights and shall be programmed to shut off during non-work hours and between 10:00 p.m. and sunrise.

(D) Placement of buildings shall avoid the potential funneling of flight paths towards a building façade.

(E) Glass skyways or walkways, freestanding (see-through) glass walls and handrails, and transparent building corners shall not be allowed.

(F) Transparent glass shall not be allowed at the rooflines of buildings, including in conjunction with roof decks, patios and green roofs.

(G) Use of rodenticides shall not be allowed.

(H) A project may receive a waiver from one or more of the items in subsection (6)(A) to (6)(F) listed above, subject to the submittal of a site specific evaluation from a qualified biologist and review and approval by the planning commission.

(Ord. 1125, 10/7/2025)

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