June 17, 2024
City of Menlo Park
Subject: June 18 Study Session on Draft Environmental Justice and Safety Elements
Dear Mayor Taylor and Members of the City Council,
The Sierra Club Loma Prieta Chapter's Sustainable Land Use Committee (SLU) has been following the progress on Menlo Park's Draft Environmental Justice and Safety Elements and we are concerned that it does not address issues of public safety related to the new hazard of biological infections. Biosafety Levels (BSL)1&2 labs dealing with well known and controllable infectious diseases are generally acceptable. BSL3&4 labs, which study the most virulent diseases, pose a major safety concern for neighboring residential communities in the event of an unexpected accidental release of infectious pathogens. Therefore BSL 3&4 labs should be banned.
The Safety Element needs to recognize the hazards from different Biosafety Levels (BSL) for all new biotech lab developments as well as conversions of existing buildings to biotech labs in the city, especially in proximity to vulnerable residential communities such as Belle Haven, adjoining East Palo Alto residential neighborhoods and in Mixed Use zoning.
We understand that staff is proposing not to include biosafety in the current Safety Element, but instead to "study" the subject. The time for "study" is over. This is an especially urgent issue for small cities without staff capacity to assess life sciences research hazards, especially for the privately funded labs where full regulatory oversight is not always required. Several cities on the peninsula have already studied the issue and have decided that BSL3&4 labs are potential safety hazards and so have taken action to protect residents. We note that the County Emegency Response Center does not currently have this experience either.
For example, San Carlos only allows BSL 1&2 labs and so for public safety has banned all BSL 3&4 labs in their City. Millbrae bans BSL 3&4 north of Highway 101, and Redwood City, in its downtown specific plan area, requires a Conditional Use Permit for all new BSL1&2 labs and allows no BSL3&4 labs.
In BSL3&4 labs there is the potential for a leak of virulent airborne viruses and pathogens, such as Covid19, Yellow Fever, encephalitis, and West Nile Virus, so it is a public health hazard but the City and County emergency responders are not yet equipped or staffed to deal with it. Therefore, limiting labs to BSL1&2 levels should be included in the Environmental Justice and Safety Element of the General Plan.
Please ask staff that, if a study is required, they expedite the schedule for the study so that their conclusions can be included in the final Safety Element. We can provide them with links to both San Carlos and Redwood City's ordinances which could be used as prototypes for similar ordinances in Menlo Park.
Respectfully Yours,
Gita Dev, FAIA, Chair
Sustainable Land Use Committee
Sierra Club Loma Prieta Chapter
Cc: City Clerk's Office jaherren@menlopark.gov
Cc: James Eggers, Executive Director, Sierra Club Loma Prieta Chapter