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Menlo Planning Bonus Misapplied in Hampton Inn Case

Original post made by Fred Rose, Menlo Park: Park Forest, on Oct 24, 2018

This correspondence addresses the concept of “Public Benefit,” more specifically, just how much Public Benefit does the proposed Hampton Inn project provide, and to whom? In doing so, we look at a number of factors, from the Transient Occupancy Tax (TOT), to the massed structure that would be permitted by a Bonus, and to the uncomfortably rapid development of hotel rooms. What follows demonstrates clearly that the Public Benefit Bonus is being erroneously applied to this project. Accordingly, the Planning Commission should immediately withdraw any grant of a “Public Benefit Bonus” from the planning process. *

1) Let's start at the beginning: When the ECR/Downtown Specific Plan was first approved, the little Red Cottage Inn wasn't really a part of that ambitious vision to reshape the city. A close look at maps in the initial program shows the Red Cottage Inn, while technically backed into the Plan area, as an “existing building not included in opportunity sites.” As a result of circumstances rather than planning, a change occurred around 2016. Now the Red Cottage Inn's proposed successor, a freeway-style Hampton Inn, is being considered among other things to enhance “downtown vibrancy.”

2) Neighborhood involvement with the site started early: Beginning in 2016, the group that has since become Park Forest Plus undertook negotiations with the developer, Sagar Patel. (A detailed timeline of those talks is attached.) As has been widely noted, after negotiating for a year and a half, the neighborhood came to an agreement with Mr. Patel, a pact that was unilaterally abrogated by the developer this May. This agreement included underground parking, called for wider setbacks at property lines and other considerations. However, Mr. Patel has since said that construction costs had risen to the point where he was unable to put parking underground, as agreed to. From there, once underground parking shifted above-ground, the mass of the structure was drastically altered and increased, as we shall see shortly.

3) The purported Public Benefit: This “Public Benefit” being applied to the Hampton Inn is based solely on the TOT, estimated at $680,500 annually. However, this gross figure overlooks the current contribution of the Red Cottage Inn, which is to be torn down. The Hampton Inn's net contribution to the public purse, after deducting the Red Cottage Inn's existing payments, is projected at $390,000, or a slim 3.5% of the currently-budgeted $11.2 million city-wide TOT. Note here that TOT is the second-largest revenue item in the city budget and by far the fastest-growing category. Such rapid growth strongly suggests Menlo Park's scant need for further, small contributions such as that of the Hampton Inn. The Inn's prospective contribution is not a “significant” public benefit (in Commission staff's words) but in fact a very small and costly one in terms of neighborhood integrity. On this basis alone, the Commission should strike the Public Benefit Bonus.


4) Good Planning?: In return for this small TOT contribution, the Hampton Inn project is being granted an extraordinary 40% increase in Floor Area Ratio (1.05 FAR) over the standard 0.75 FAR for projects in the ECR/Downtown Specific Plan. There's more. Since covered parking spaces are now above ground, the mass of the building has mushroomed. By city definition, covered parking spaces are not counted in an “official” FAR calculation. Thus, by this loophole, a large part of the structure is excluded from the Commission's math. Counting the above-ground (but-covered) parking pushes the bonus boost to an outrageous 78%. This commercial bulk is in sharp contrast to the surrounding leafy residential area of residential townhouses and park-like wooded area. For this alone, good planning and equity argue that the Planning Commission should immediately stop further consideration based on the Public Benefit Bonus planning assumptions.

5) Massing of the Hampton Inn: Without question massing has exploded with the elimination of under-ground parking. The building has pushed ever wider in a residential neighborhood never intended to be exposed to such commercial pressure under the initial ECR/Downtown Specific Plan. This is shocking—nowhere else in the ECR/Downtown Specific Plan is a large, new commercial building jammed up against a residential neighborhood as the Planning Commission now proposes. Suddenly, under a September 14 plan, a 40 foot-high combined wall and roof slope loomed over the much shorter 26-foot height of neighboring townhouses. This hotel face, with trash bins against the fence, was squeezed within just 24 feet 5 inches of its eastern boundary instead of the earlier-negotiated 38 feet of clearance. On the north side, cars will be parking within 5 feet of neighboring houses. To the south, clearance is currently planned at 10 feet. What was the first floor under the agreed-upon plan has become a parking level, moving the hotel's first floor to the second level, above the parking, in turn squashing the building's vertical flooring. One easily might ask the question: “What kind of planning is this?”

6) What's happened with construction costs?: Like everything else, they've grown—but not nearly to the extent put forth by the developer. In the core of this case, under-ground parking has gone from $74,800 per space (cited in a March 2018 staff study) to $80,000 a space, now declared by Mr. Patel. While an unfortunate increase for the developer, it's well short of the doubling that's sometimes spoken of.

7) There really is no precedent: The newly-opened Park James Hotel also used the TOT as the basis for its Public Benefit Bonus; while it's tempting to cite the newly-opened hotel as a precedent, the Park James is a completely different case study. The hotel is set far closer to the heart of the city, in a commercial area across from a gas station and next door to an office building. There is underground parking. Unlike the Hampton Inn, the Park James was approved without significant neighborhood opposition. In 2016, Planning Commission staff commissioned a study by BAE Urban Economics that estimated TOT of $445,000 to $756,000 annually, somewhat higher at the top end than the Hampton Inn's and with more room for revenue growth. City-wide TOT receipts at that time the Park James was approved were a lesser $6.7 million, meaning that the Park James' contribution to city coffers promised 7.1% to 12.1% of the city's TOT take—more than twice the 3.5% that the Hampton Inn is now said to offer. Looking ahead, the boutique hotel will likely will have room rates considerably higher than the Hampton Inn. While staff termed the Park James contribution “substantial,” it throttled that back in the Hampton Inn description to “significant.”


8) In either case the TOT contribution presents a poor case for a Public Benefit Bonus: Paying one's taxes shouldn't be the basis for a Bonus. The Commission's two TOT mistakes don't make for good planning. Indeed, the defacto presumption that the Public Benefit allowance is also applicable for the Hampton Inn project has been more an exercise in expeditious permitting than sound planning. To avoid a second error, the Commission should remove the TOT as a basis for a bonus immediately.

9) More planning needed: The need for the Hampton Inn's 68 rooms is questionable in Menlo Park, where not only has the Park James Hotel recently opened but also the new 200-room Hotel Nia. In the works as well is another 200-room hotel in the Facebook development. In 2012, the ECR/Downtown Specific Plan forecast some 380 new hotel rooms over the next 30 to 40 years. That figure is already about to be exceeded in only seven years by projects already on the books. Too many hotels with too many rooms now threaten cannibalization of the city's eventually limited demand. What Menlo Park needs aren't more hotel rooms, but more common sense and good planning.

10) On the matter of neighborhood involvement: It has been disappointing to note that commission staff has put all mention of residential views at the bottom of its studies, suggesting callous disregard for public opinion in the Commission's decisions. Some Commissioners seem not to have studied the file thoroughly. In remarks at a public study session, on Oct. 8, 2018, I'm told that Commission Chair, Ms. Susan Goodhue, said of an issue before the Commission that it's no big deal. I'd strongly argue otherwise. The Commission clearly needs to improve its understanding of the interface between town planning and the political plane.



-0-

* I want to emphasize that these remarks are entirely my own. I do not speak in any official capacity for the neighborhood.

Comments (18)

Posted by David Forter
a resident of Menlo Park: Park Forest
on Oct 25, 2018 at 11:03 am

Fred,

I think that your points concerning the 1704 ECR project are spot on. Additionally, I don't know how this project even made it to the ECR/Downtown Specific Plan (ECR/DSP). The Red Cottage Property doesn't even have frontage on ECR. It has a driveway easement to ECR. It is not downtown. It meets none of the ECR/DSP's guiding principles. It does not enhance public space. It generates noise and garbage, not vibrancy. This bulky edifice does nothing to sustain Menlo Park's Village Character nor does it enhance connectivity. Finally I do not see how increasing traffic, noise and refuse promote healthy living.

This project should be stopped, before it goes any further.

Dave


Posted by Fred Rose
a resident of Menlo Park: Park Forest
on Oct 25, 2018 at 11:49 am

Here's a useful timeline of of two years of neighborhood talks with Sagar Patel, Developer of the Hampton Inn proposal. It's useful to consider in light of Planning Commission Chair Susan Goodhue's inference that neighbors hadn't done sufficient talks with Mr. Patel.

*****************

PARK FOREST NEIGHBORHOOD’S TIMELINE OF ENGAGEMENT:
1704 ECR DEVELOPMENT

October 12, 2016
Petition letter opposing the development circulated to Park Forest and surrounding communities, garnering widespread support. Exhibit A
November 8, 2016
First meeting between Neighborhood representatives and Corinna Sandmeier (Associate Planner, Menlo Park).
December 5, 2016
Neighborhood meeting at Pacific Union. Sagar Patel (Developer) was invited to answer residents’ many concerns. 35 neighbors attended. Many letters sent to City Planning following the meeting.
December 14, 2016
Summary of issues raised at 12/5 meeting circulated to residents. Exhibit B
February 4, 2017
First meeting of Neighborhood Committee (Susan Neville, Mike Brady, Dave Forter, Margaret Race, Carol Diamond, Glenna Patton).
February 6, 2017
Updated petition letter submitted to Corinna Sandmeier to reflect additional signatures (final total of 80). Exhibit C
March 13, 2017
Neighborhood Committee meeting (same participants as noted above).
March 27, 2017
Neighborhood Committee pre-meeting for Sagar Patel meeting.
April 3, 2017
First meeting with Sagar Patel (Developer) to view the site from 190 Forest Lane (closest to 1704 ECR property) and discuss neighborhood concerns. Verbal agreement from Sagar Patel to move 3rd story rooms from rear-facing side of hotel (facing Forest Lane).
May 3, 2017
Second meeting with Sagar Patel to discuss additional modifications to the plans. Initial agreements summarized in letter to Menlo Park. Exhibit D
May 8, 2017
Susan Neville sends Sagar Patel a recap of the outstanding issues, as well as a draft letter to neighbors summarizing Patel’s agreed changes. Patel had the opportunity to weigh in on letter prior to circulation.
May 9, 2017
Updated letter on agreed changes by Sagar Patel circulated to neighborhood residents. Exhibit E
June 11, 2017
Sagar Patel sends renderings of new exterior design, which reflects a shift to a “Mediterranean” look in line with other buildings along ECR, as requested by Neighborhood Committee.
July 28, 2017
Sagar Patel circulates updated renderings of the exterior design, reflecting a shift to a “taupe” color to better blend into the surrounding nature, as requested by Neighborhood Committee.
September 19, 2017
Susan Neville submits a letter of support for the development on behalf of the Neighborhood Committee, based on extended negotiations to reflect the issues raised by residents. Exhibit F
November 17, 2017
Neighborhood Committee meets with Corinna Sandmeier to inform her of agreements with Sagar Patel. She informs us that the City has issues with the design and a public Study Session will take place in January.
November 21, 2017
Glenna Patton submits letter to Corinna Sandmeier on behalf of the Neighborhood Committee requesting that the new designs are previewed with the Committee prior to the January Study Session.
December 4, 2017
Sagar Patel provides preview of updated exterior design, which he characterizes as a “more authentic, classic Spanish design”.
February 26, 2018
Neighborhood receives notice of Menlo Park Planning Committee Study Session, scheduled for March 12th, at 7pm.
March 7, 2018
Neighborhood Committee meets to prep for Study Session, agrees to send a letter to the City stating its formal position prior to the Study Session.
March 12, 2018 (12pm)
Susan Neville submits letter to Planning Commissioners saying the Neighborhood’s preference is for the development not to move forward but if it does, residents won’t oppose it as long as our agreed changes are approved. Exhibit G
March 12, 2018
(7pm)
Neighborhood Committee attends Study Session, where the City requests a number of design changes to the hotel – none of which affect agreements with the Neighborhood.
May 29, 2018
Sagar Patel sends Neighborhood Committee an email backtracking on all prior agreements due to moving parking from underground to street level (driven by “skyrocketing costs” of underground garage).
June 5, 2018
Neighborhood Committee meets with Sagar Patel to review the new plans, confirming that no prior agreements have been honored (beyond design).
June 18, 2018
Susan Neville emails Sagar Patel the Neighborhood’s opposition to the plans and lays out its top requirements. Email forwarded to Corinna Sandmeier to inform her of the Neighborhood’s position. Exhibit H
August 18, 2018
Petition to declare neighborhood petition against the new plans is launched via Change.org, securing 70 signatures (online and hard copy).
September 16, 2018
Neighborhood coffee event to update residents attended by 30 neighbors. Neighborhood Committee is expanded due to residents’ urgent concerns.
September 19, 2018 (4:30pm)
Neighborhood reps meet with Corinna Sandmeier to communicate opposition to the City’s process. Sandmeier indicates a Formal Review by the Planning Commission will be held October 8th. Neighborhood requests a Study Session instead given the dramatic changes in the plans.
September 20, 2018
Sagar Patel informs Neighborhood that the request for a Study Session on October 8th is accepted, replacing the previously planned Formal Review. Glenna Patton emails Corinna Sandmeier to acknowledge Study Session and voice continued opposition by the residents.
September 24, 2018
Resident Eric Easom meets with Sagar Patel to discuss the Neighborhood’s issues with the development. Patel indicates an openness to explore further changes – although the details appear to be fluid.
September 24-28, 2018
Various residents submit letters of opposition to the City Planning Commissioners.
September 26, 2018
Neighborhood Committee meeting to discuss updates and further actions prior to the October 8 Study Session.
October 1, 2018
Neighborhood Committee submits to Planning Commission a formal letter of opposition with changes required to gain residents’ support. Exhibit I
October 8, 2018
Sagar Patel presents a further evolution of the plans at a Planning Commission Study Session attended by 25 neighbors, who oppose the plans and advocate for what was agreed prior to the March Study Session.


Posted by Susan Neville
a resident of Menlo Park: Park Forest
on Oct 25, 2018 at 1:43 pm

Good points, Fred. This latest proposal for the Hampton Inn is way too big for the site. It would be a terrible precedent for Menlo Park to OK a public benefit bonus for this proposal. The commissioners and council are given room to consider the appropriateness of a project for the neighborhood. A modest 28 rm motel is there now. If this last plan for this enormous 68 rm hotel with first floor parking gets approved it sets a poor standard for future developments. Right now there are commercial buildings in this area that the neighborhood likes - the Davis Polk/Shepherd building on Encinal and ECR is the best example. The building on the corner of Buckthorn and ECR is reasonable. The Hampton Inn is a floor taller than either and pushes out to the extremes on all 4 sides. There are other one story commercial buildings here that will likely be redeveloped too. Unless some intelligent design is applied and cars are put underground, this area - zoned "low density" will change in a way it can't recover from.


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Oct 26, 2018 at 12:26 am

Peter Carpenter is a registered user.

The DSP requires that:

"Projects requesting a public benefit bonus FAR, density
and/or height are required to conduct an initial public study
session with the Planning Commission, in which both the
project and the proposed public benefit are presented for
initial evaluation and comment (both from the Planning
Commission and the public)."

Yet the Staff Report on 1704 ECR states:
"Other tasks, such as hotel incentives, especially the proposed short term change of allowing hotels at the public benefit bonus level FAR (floor area ratio) without the need for a fiscal analysis, may be less urgent, although it should be noted that allowing hotels at the public benefit bonus level FAR would only require a text edit. The only currently pending hotel proposal, located at 1704 El Camino Real, is proposed at the Staff Report #: 18-064-PC City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org bonus level FAR; however, the applicants submitted a third party fiscal analysis as part of their March 12, 2018 Planning Commission study session, at which the Planning Commission indicated the TOT revenue the city would receive from the hotel is sufficient as a public benefit to allow development at the public benefit bonus level."

Note "only require a text edit" - is that like just changing a word in the Constitution?

Note "the TOT revenue the city would receive from the hotel is sufficient as a public benefit to allow development at the public benefit bonus level."

The decision to grant a Public Benefit Bonus rests with the Planning Commission NOT the staff or a contractor.

There has been no Public Benefit Hearing and there cannot be an assumption that "the TOT revenue the city would receive from the hotel is sufficient as a public benefit to allow development at the public benefit bonus level. “

This entire paragraph shows what is wrong with the Public Benefit Bonus Process for 1704 ECR.


Posted by Carol Broadbent
a resident of Menlo Park: Park Forest
on Oct 31, 2018 at 10:04 am

Regarding the proposed Hampton Inn construction, my Park Forest home community neighbors point out that:

The Menlo Park City Municipal Code Section 16.68.020 requires of this new hotel construction and expansion:

(1) That the general appearance of the structures is in keeping with character of the neighborhood;
(2) That the development will not be detrimental to the harmonious and orderly growth of the city;
(3) That the development will not impair the desirability of investment or occupation in the neighborhood;"

The revised plan for the Hampton Inn proposed in May 2018 by developer Sagar Patel meets none of these standards.

There are significant negative impacts on our Park Forest community from this proposed new hotel. We respectfully request the leadership of the City Council and Planning Commission to step up and take a clear-eyed look at this project. If any one of you lived in our Park Forest community, I doubt that you would support this new hotel as it is currently proposed.

Some of the Park Forest speakers at the October 8 Planning Commission meeting invited you to visit to see for yourself what the encroachment of the new hotel would do to our lovely community. Will you take a look please?

Sincerely,
Carol Broadbent
Buckthorn Way


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Oct 31, 2018 at 12:04 pm

Peter Carpenter is a registered user.

In any other country taking cash in exchange for giving a developer additional building rights would be properly be called a bribe.

Taking cash that is simply dumped into the city's coffers for a public benefit bonus should be illegal.

We need a ballot measure that requires that a public benefit bonus be given only in return for physical improvements/enhancements to a project to which the public has free access.


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Oct 31, 2018 at 12:06 pm

Peter Carpenter is a registered user.

ECR-NE Low Density needs to be revised so that it has NO public benefit bonus since with a public benefit bonus it is, by definition, no longer Low Density.


Posted by George fisher
a resident of Menlo Park: Central Menlo Park
on Oct 31, 2018 at 12:19 pm

George fisher is a registered user.

Payment of $ to the city general fund is not a benefit to the public. For such $ to be paid in exchange for harm to the public in form of traffic, congestion, violation of residential areas and lack of aesthetics make no sense, and looks like a simple payment of money for personal business benefits. I have no recollection of $ being discussed in formation of specific plan. Is it was it should be now rejected.


Posted by Deb Melmon
a resident of Menlo Park: Park Forest
on Nov 1, 2018 at 1:53 pm

Well said, Fred Rose, and those who have commented here. The neighborhood that borders the Red Cottage Inn on the north side along Buckthorn Way will be the most impacted by Sagar Patel's sudden about face to eliminate underground parking. His revised plan now places a three-story, freeway style hotel 10'6" from the property line which is the most invasive setback of the entire plan. The highest point of the hotel, at the NE corner of his property, is deep into the neighborhood. The scale is too large, the setbacks too small not to mention the noise, car pollution, traffic, invasion of privacy and the encroachment of a large commercial building into a quiet, charming neighborhood at the north end of Menlo Park. We invite the Planning Commission to come see for themselves the incredible negative impact this hotel will have on the homes along Buckthorn Way.


Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Nov 1, 2018 at 4:27 pm

Peter Carpenter is a registered user.

The history of the public benefit bonus is that a developer is granted some increase in density/height/FAR in exchange for that developer spending a significant amount of money to provide a physical space/enhancement that benefits the public.

This developer (and the staff!) are arguing that by relieving the developer of incurring the cost of building underground parking the developer is providing a public benefit. Bizarre thinking.


Posted by Hanqing Liu
a resident of Menlo Park: Park Forest
on Nov 1, 2018 at 7:24 pm

Good point Fred.

The neighborhood that borders the Red Cottage Inn on the north side along Buckthorn Way will be negatively impacted by the 1704 ECR project. The proposed massive hotel building is a huge threat to our privacy at home - multiple bedrooms and backyard will be exposed to hotel guests. The parking spots (as a result of removing underground parking in the previous plan) will bring noise and pollution, 10 yards away from our bedroom windows.

This project should be stopped, before it hurts residents and communities in Menlo Park.


Posted by Martin Engel
a resident of Menlo Park: Park Forest
on Nov 2, 2018 at 12:40 pm

I say this with considerable reluctance. All the entreaties, facts, and detailed documentation in the world will have no effect on this recalcitrant Menlo Park Administration, City Council, or its involved Commissions. The development-obsessed history of these governing entities is already well established. Why would they change and listen to us now?

So, what now? Legal action? Will my neighborhood community be wiling to take this to court? I, for one, would willingly make a contribution to that effort. This is not selfish or mindless NIMBYism. This is the pursuit of fair, equitable and just attention to taxpayer/citizen concerns.

Martin


Posted by conscience
a resident of Menlo Park: The Willows
on Nov 2, 2018 at 4:07 pm

I could agree more with Fred, Peter and others!


Posted by Kate Kennedy
a resident of Menlo Park: Suburban Park/Lorelei Manor/Flood Park Triangle
on Nov 2, 2018 at 8:14 pm

I don't understand why the City and residents went through years of work and negotiation on the downtown specific plan, only for development after development to be granted all kinds of exceptions on their glide path to approval.

Virtually all of the square footage allotted for the coming decades in the DSP has already been used up, mere years after its adoption. Development is rampant, traffic is horrible and getting worse, and now we have this monstrosity of a hotel ~ which is nowhere near downtown and certainly won't add any vibrancy to the community ~ potentially being shoehorned into a residential neighborhood.

It's crazy, and I honestly can't fathom what the City Council and Planning Commission are thinking. As others have said more eloquently than me, this is one development that should be stopped. It makes absolutely no sense for it to go forward.


Posted by George fisher
a resident of Menlo Park: Central Menlo Park
on Nov 4, 2018 at 6:16 am

George fisher is a registered user.



Paying the normal tax applicable to the anticipated business is not a public benefit. Are businesses paying sales taxs entitled to public benefit expansions? What is the standard? What about businesses or uses paying property taxes over those that don’t? Are churches or other not subject to ptoperty taxes public detriments or do they provide public benefit? Do those that pay the most taxes get to impose the biggest burdens or impacts on our community? We need a new city council.


Posted by Vote for Drew
a resident of Menlo Park: Central Menlo Park
on Nov 4, 2018 at 1:23 pm




District 2: Vote for Drew Combs


Posted by Scott Barnum
a resident of Menlo Park: Park Forest
on Nov 5, 2018 at 3:11 pm

There is a growing and considerable number of questions with the process, scope, scale and common sense with this project. The Planning Commission needs a thorough relook at this particular submission and request for the PBB.

The Downtown Specific Plan, even if one was to accept how this parcel was included in it (which is up for debate, if not legal dispute), shows this plot as a low density zone. A three story 68 room hotel with above ground parking, which is 2.5x the current scale of the existing Red Roof Inn on the plot, is not low density as understood by a reasonable “common person’s” interpretation.

If the Planning Commission can be reasonable here and help facilitate a tri-party (developer, resident neighbors and City) agreement, there should be a way forward for all. This may include sticking to its underground parking principles for new commercial development and all conditions for receipt of the Public Benefit Bonus.


Posted by Linda Sadunas
a resident of Menlo Park: Park Forest
on Nov 7, 2018 at 5:09 pm

The new architectural design plan and scale is intrusive to the neighborhood. The design seems in conflict with what is designated a "low density" zone.

The project will have a negative impact on the neighborhood and the current plan should be rejected.


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