Agenda packet — East Palo Alto City Council, May 3, 2022 (part 1 of 2)

East Palo Alto City Council May 3, 2022 Agenda Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
May 3, 2022, 6:30 p.m.

EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted in accordance with Assembly Bill 361. All members of the City Council will participate in the meeting by video conference, with no physical meeting location available to the public.

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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council May 3, 2022 Agenda Page 2 of 5

1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))

3. APPROVAL OF CONSENT CALENDAR

1. City Manager Recruitment
Recommendation: By motion, accept staff’s recommendation to assign the City Manager recruitment to Koff & Associates as further described in the staff report.

2. Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan Recommendation: Waive the second reading and adopt an ordinance, set forth as Attachment 1 to this staff report, amending Chapter 12.16 and Chapter 18.28 of the East Palo Alto Municipal Code and miscellaneous provisions related to trees, to be effective October 1, 2022.

3. Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017
Recommendation: Adopt a Resolution approving a list of projects for Fiscal Year 2022- 23 funded by SB 1: The Road Repair and Accountability Act of 2017

4. Authorization to apply for the Hazard Mitigation Grant Recommendation: Authorize the City Manager to submit an application for the Hazard Mitigation Grant Program

5. Authorize conversion of IQM2 software to Granicus Peak Agenda with one-time conversion costs, authorize an extension of the term through October 14, 2026 and wave the formal bid procedures.

Recommendation: Adopt a Resolution:

1. Authorizing the City Manager to enter a second amendment, in a form approved by the City Attorney, with Granicus to convert the current software from the IQM2 software package to the Peak Agenda Management suite with an implementation cost not to exceed $5,300 and extend the term through October 14, 2026 at no increase to the annual current subscription fee of $21,960 for a total increase in the not to exceed of $93,140; and

2. Waiving the formal bid procedures pursuant to Section 2.84.070(D) of the East Palo Alto Municipal Code due to the special circumstances that Granicus is the City's current Agenda Management Provider.

6. FY 2021-22 Third Quarter Treasury Report
Recommendation: Accept and file the Treasury Report for the third quarter ended March 31, 2022.

7. Notice of Completion - Senior Center Roof Replacement Project Recommendation: Adopt a Resolution accepting the Senior Center Roof Replacement Project, CIP-FA-04, authorizing the recordation of the Notice of Completion with the County of San Mateo, and release the contract retention balance.

8. Calling and Consolidating the November 8, 2022 General Municipal Election Recommendation: Adopt Resolutions:

1. Calling and ordering a Tuesday, November 8, 2022 General Municipal Election for the City of East Palo Alto, for the purpose of electing two members to the City Council; and

2. Authorizing the City Manager to enter into a service agreement with San Mateo County’s Chief Election Officer to conduct the election; and

3. Requesting the Board of Supervisors of the County of San Mateo to consolidate a Municipal Election to be held on November 8, 2022, with the Statewide General Election held on that date pursuant to section 10403 of the Elections Code.

East Palo Alto City Council May 3, 2022 Agenda Page 3 of 5

9. Proclamation Of the City of East Palo Alto in Recognition & Celebration of the Cinco De Mayo Festival Latino 2022 And Extending Congratulations to the Comite Latino for Organizing Event Since 1985

10. Proclamation Recognizing Mr. Bob Hoover for his Decades of Service to the Community and in Celebration of his 90th birthday.

11. Proclamation Recognizing the Ravenswood Family Health Center Network's 20 years of Providing Comprehensive Health Services to East Palo Alto Residents

12. Proclamation of the City of East Palo Alto Celebrating May as Jewish American Heritage Month, 2022

13. Proclamation of the city of East Palo Alto Celebrating May as Asian American and Native Hawaiian/ Pacific Islander Heritage Month, 2022

4. CLOSED SESSION

1. Conference with Labor Negotiators (Government Code §54957.6) 3 bargaining units: Service Employees International Union (SEIU – Local 521); East Palo Alto Police Officers’ Association (POA); Unrepresented Confidential Classifications (Executives, Managers, Commanders, Miscellaneous Classifications).

City of East Palo Alto designated representatives: Patrick Heisinger, Interim City Manager; Tomo Oku, Finance Director, Sandra Floyd, Human Resources Manager; Jeff Liu, Interim Police Chief; Charles Sakai, Sloan Sakai Yeung & Wong LLP, and Brenna Rowe, HR Consultant.

A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on items not listed on the agenda may do so under this item. Each speaker is limited to two minutes. The Mayor has the discretion to adjust speaking times. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter.

The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

1. University Circle Phase II
Recommendation: Adopt a Resolution:

1. Certifying that the Final Environmental Impact Report (FEIR) has been done in compliance with the California Environmental Quality Act (CEQA);

2. Adopting a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQAGuidelines (California Code of Regulations, Title 14, Section 15000);
East Palo Alto City Council May 3, 2022 Agenda Page 4 of 5

3. Directing the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section15075 of the CEQA Guidelines; and

4. Approving the Design Review Permit (DR19-019) and Conditional Use Permit (CUP22-001) based on the findings, requirements and conditions of approval which are Attachments to the resolutions and incorporated by reference.

5. Authorizing the City Manager to execute a Pedestrian Access License Agreement for the University Circle Site.

Introduce an Ordinance to approve the Proposed Development Agreement for the University Circle Phase II project and waive the first reading.

9. POLICY AND ACTION

1. Increased Gross Receipts Tax Ballot Measure for Affordable Housing Revenue Recommendation: That the City Council:

Adopt a resolution calling and ordering the submission to the electors of the City of East Palo Alto a measure amending Chapter 5.08 of the East Palo Alto Municipal Code to increase the gross receipts tax from 1.5% to 2.5% applied to all residential rental properties unless exempted, with a 3-year implementation delay for new units, to be placed on the November 8, 2022 general election ballot.

2. Update on the Municipal Service Review for the City of East Palo Alto, the East Palo Alto Sanitary District, and the West Bay Sanitary District Recommendation: By motion,

1. Provide staff with direction regarding any proposed amendments or modifications to the attached letter.

2. Direct the Interim City Manager to send the attached letter (Attachment 1) to the San Mateo Local Agency Formation Commission (SMLAFCo) to serve as the City’s official response to the Draft Municipal Service Review (MSR) for the City of East Palo Alto (City), the East Palo Alto Sanitary District (EPASD), and the West Bay Sanitary District (West Bay).

3. COVID-19 Vaccination Program Regular Update
Recommendation: Discuss the COVID-19 vaccination program update and provide direction to staff.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council May 3, 2022 Agenda Page 5 of 5 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours.

Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: April 29, 2022
ATTEST:

James Colin
Acting City Clerk
FUTURE MEETINGS:.

Regular Meeting May 17, 2022 at 6:30 p.m.

Budget Meeting May 19, 2022 at 6:00 p.m
Budget Meeting May 26, 2022 at 6:00 p.m

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Sandra Floyd, Human Resources Manager
SUBJECT: City Manager Recruitment
Recommendation
By motion, accept staff’s recommendation to assign the City Manager recruitment to Koff & Associates as further described in the staff report.

Background
The City is currenlty faced with three vacancies in the City’s executive team. Two of the positions report directly to the City Council – City Attorney and City Manager. The third vacant position is the City’s Police Chief.

On February 1, 2022, the City Council approved agreements with two recruiting firms to assist the City with key recruitments. The two firms are Koff & Associates (Koff) and CPS HR Consulting (CPS).

The City Council provided direciton that Koff be assigned to manage the City Attorney recruitment, while CPS was assigned the Police Chief recruitment.

Analysis

Staff recommends the City Council select Koff & Associates to manage the City Manager recruitment.

Koff & Associates has more than 20 years of experience providing executive recruiting services and has facilitated numerous City Manager recruitments. Further Koff & Associates has stated that their firm has adequate capacity to manage the City Manager recruitment process.

3.1 Packet Pg. 6

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Amy Chen, Community & Economic Development Director Elena Lee, Planning Manager
SUBJECT: Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan
Recommendation
Waive the second reading and adopt an ordinance, set forth as Attachment 1 to this staff report, amending Chapter 12.16 and Chapter 18.28 of the East Palo Alto Municipal Code and miscellaneous provisions related to trees, to be effective October 1, 2022.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
On April 19, 2022 the City Council waived the first reading and introduced an ordinance amending Chapter 12.16 and Chapter 18.28 of the East Palo Alto Municipal Code and miscellaneous provisions related to trees, to be effective October 1, 2022 (Attachment 1). The staff report and presentation also covered the development of an East Palo Alto Urban Forest Master Plan (UFMP) and City Council unanimously approved the final UFMP.

Analysis
The City Council directed that staff make minor clarifications to the UFMP on a few items, including a clearer description about the City’s water supply and ensuring the document reflects a commitment to equity both with other cities and within East Palo Alto.

3.2 Packet Pg. 7
The City Council approved the ordinance as recommended by staff. The City Council recognized the Planning Commission’s recommendation and concerns regarding transparency. The introduced ordinance retained the tree removal permit as an administrative process, subject to an appeal to the Planning Commission. Staff will provide updates to the Commission on pending tree removal permits and implement enhancements to the website to provide more information to the public.

Council noted the UFMP represents a long-term vision for the City’s urban forest. The ordinance is only the first of potential implementation steps to realize the vision. Council can direct staff to study other actions in the future. The first will be to study the fee for tree permit appeals to see if there are ways to make it accessible to residents, while recognizing constraints.

Fiscal Impact
There is no fiscal impact to adopting the ordinance. Preparation of the UFMP and the ordinance updates were covered by a CalFire Grant. Staff will return with staffing recommendations and potential procurements for an on-call arborist to support the implementation of the UFMP and the tree ordinances. Any proposed changes to removal permit fees or consultant arborist services resulting in monetary impacts will be addressed through a separate City Council action and eventually reflected in the annual Master Fee schedule update. At this time there are no impacts on the City’s general fund or staffing.

Public Notice
The public was provided notice via publication in the Palo Alto Daily News on April 8, 2022, and by posting the agenda on the City’s official bulletin board outside City Hall and making the agenda and report available online at http://eastpaloalto.iqm2.com/Citizens/Default.aspx.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

Attachments

1. Ordinances

3.2 Packet Pg. 8
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
REVISING CHAPTERS 12.16 AND 18.28 OF THE EAST PALO

ALTO MUNICIPAL CODE RELATING TO TREES, MAKING

CONFORMING AMENDMENTS TO SEVERAL OTHER SECTIONS
AND REPEALING SECTION 13.24.410

THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 12.16 REVISED.

Chapter 12.16 of the East Palo Alto Municipal Code is revised in its entirety as set forth in Attachment A.

SECTION 2. CHAPTER 18.28 REVISED.

Chapter 18.28 of the East Palo Alto Municipal Code is revised in its entirety as set forth in Attachment B.

SECTION 3. SECTION 18.08.010 AMENDED.

Section 18.08.010, under “D” Definitions, the definition of Department and the definition of Director, respectively, are revised to read:

Department. The Community and Economic Development Department responsible for administering the Development Code.

Director. The Director of the Community and Economic Development Department of the City of East Palo Alto, or authorized designee(s).

SECTION 4. SECTION 18.30.090 AMENDED
Subsection D.4. of Section 18.30.090 is amended and a new Subsection D. 6. is added to Section 18.30.090 to read:

D.4. Parking lot shade. At least 50% of a paved parking lot shall be shaded with tree canopies within 15 years of obtaining a building permit or certificate of occupancy.

Plantings shall comply with the following specifications:

3.2.a
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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) a. Landscaping fronting a street shall include a minimum of one tree for every 30 feet of frontage. Trees shall be a minimum of 15 gallons in size and six feet in height at the time of planting and shall be of a fast growing variety capable of providing maximum shade coverage.
b. Tree well dimensions shall be a minimum of 6' X 6'. Irregular tree well design may be allowed if a minimum of 36 square feet of surface area is provided and a minimum of 85 cubic feet of rootable soil volume is incorporated into the tree well planting. Deviations from this standard are subject to approval by the Director.
c. Trees should be planted in the center of the tree well. For irregular tree wells, trees should be planted in equal distances from curbs.
d. Two feet of vehicle overhang into a planter area is allowed, provided the planter has a minimum width of four feet and trees are aligned with the parking strip.
e. Structural soil systems for trees in parking lots or hardscape areas should be used to increase the volume of rootable soil, the eventual size of the canopy, and the amount of shade the tree provides.
f. Continuous planting islands are encouraged to allow for multiple tree plantings and increased rootable soil volume. These islands could be designed to incorporate surface water runoff treatment measures such as bio-swales. To increase the amount of planting area available for shade trees, planter fingers connected to continuous planting islands are recommended. g. If more than 10 trees are required, a mix of tree species or cultivars shall be provided. If 20-40 trees are required, no more than 50% of the trees may be of the same type. If more than 40 trees are required, no more than 25% of the trees may be of the same type
h. Native climate-adapted species are recommended.
i. Parking lot lighting should not conflict with required shade tree locations or growth. Light standards no greater than 16 feet in height are preferred.

Buildings located close to streets must reduce potential conflicts between trees and free-standing signs.
j. If the installation of required trees is not feasible due to conditions such as soil contamination, groundwater levels or utility easements, an in-lieu fee or an alternative tree planting program may be approved, as set forth in Chapter

18.28. ---
D.6. Permanent irrigation system and maintenance. All planting areas shall be planted to maximize benefits and minimize hazards. Trees shall be provided with permanent irrigation, monitored and regularly maintained.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) SECTION 5. SECTIONS 18.104.010, 18.104.020 and 18.104.030 AMENDED.

Sections 18.104.010, 18,104, 020 and 18.104.030 are revised to read:

18.104.010 - Purpose and Intent
The purpose of this chapter is to describe the authority and responsibilities of the City Council, Planning Commission, Director of Community and Economic Development and the Planning Division in the administration of the Development Code.

18.104.020 - Planning Agency and Advisory Agency
The Planning Division staff function as the Planning Agency, when so required by provisions of the Government Code. The Planning Commission is the Advisory Agency, in compliance with Government Code Section 65101.

18.104.030 – Director of Community and Economic Development A. Appointment. The Director of Community and Economic Development shall be appointed by the City Manager.

B. Duties and Authority. The Director shall:

1. Have the responsibility to perform all of the functions designated by state law;

2. Perform the duties and functions prescribed in the Development Code, Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA).

3. Have the authority to defer action on an application and refer the request to the Commission for consideration and final action;

4. Perform other responsibilities assigned by the City Manager, Commission or Council; and

5. Delegate the responsibilities of the Director to Department staff under the supervision of the Director.

C. Imposition of Conditions. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code, and to further the public health, safety and general welfare of the community.

SECTION 6. TABLE 7-1 REVIEW AUTHORITY AMENDED
Table 7-1 Review Authority is amended to include Tree Removal Permit, as set forth in Attachment C.

SECTION 7. SECTION 13.24.410 REPEALED.

Section 13.24.410 of the East Palo Alto Municipal Code is hereby repealed.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) SECTION 8. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 9. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 10. EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect as of October 1, 2022.

SECTION 11. PUBLICATION.

The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.

This Ordinance was introduced at the______________ meeting of the City Council of the City of East Palo Alto.

PASSED AND ADOPTED this _____ day of ______________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Ruben Abrica, Mayor

3.2.a
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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) ATTEST: APPROVED AS TO FORM:
___________________________ ______________________________ James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.2.a
Packet Pg. 13
Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) Attachment A
Chapter 12.16
Trees on Public Property and In the Public Right-of-Way

12.16.010 Title and Purpose
A. This chapter may be referred to as the “Trees on Public Property and Street Tree Ordinance”.

B. The City of East Palo Alto recognizes the importance of trees and the benefits they provide. The purpose of this chapter is to manage city tree resources by regulating the planting, maintenance, and removal of trees in public places. The provisions of this chapter are enacted to carry out the goals, policies, regulations, and standards set forth in the City of East Palo Alto Urban Forest Master Plan and are necessary to ensure the City will realize the benefits of healthy, stable, and sustainable public tree resources.

C. An additional purpose of this chapter is to implement the Urban Forest Master Plan to:

1. Establish and maintain maximum canopy cover in the public right-of-way within the city through programmed tree planting, maintenance, preservation, and removal.

2. Maintain species and genetic diversity to stabilize the urban forest as a buffer against pest and disease outbreaks and minimize decline in canopy cover.

3. Implement ANSI A-300 tree maintenance practices such as regular inspections and structural pruning at time of planting to increase tree value and associated benefits and protect the tree resource by regulating activities that will harm trees.

12.16.020 Definitions
“ANSI A-300 Standards” means the accredited industry standards and practices for managing trees and other woody plants.
“Appraisal of tree value” means an unbiased estimate of the tree's worth performed in accordance with the current edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.
“Certified Arborist” means an arborist certified by the International Society of Arboriculture and approved by the director.
“Diameter” means diameter at standard height (DSH), or trunk diameter measured at 54” above grade.

3.2.a
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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) “Director” means the public works director or designee. “Dripline” means the area directly located under the outer circumference of the tree branches or with a radius of ten times the diameter of the trunk as measured at 54 inches above grade (DSH), whichever is greater.
“Excessive pruning” means the removal of functioning leaf, stem, or root area of a tree in any thirty-six (36) month period such as to cause a significant decline in health, increased risk of failure, or the unbalancing of a tree.
“Master Plan” means the City of East Palo Alto Urban Forest Master Plan, which sets forth the policies and guidelines for planting and maintenance programs for the care and protection of trees.
“Public right-of-way” means any property dedicated to public use including but not limited to streets from property line to property line, alleys, easements, dedicated bike paths or open spaces.
“Public tree” means a tree within a public park, trail, or other property owned by the city and dedicated to public use.
“Remove” means (a) complete removal, such as cutting the tree to the ground, or (b) taking any action that would lead to the death of a tree or permanent damage to its health, including excessive pruning, girdling, cutting of tree roots, poisoning, over-watering, under-watering, trenching, excavating, altering the grade, paving within the dripline. “Street tree” means any city-owned tree located within the public right-of-way or easement.
“Tree canopy cover” means a measurement of the total area of a tree’s branches, stems, and leaves when viewed from above.

12.16.030 Authority, Responsibilities and Duties
A. The Director has the responsibility to implement and authority to make decisions and judgments to enforce the provisions of this chapter. Duties include but are not limited to:

1. Developing a comprehensive municipal tree care operations plan, including pruning, planting, and removal of public trees.

3.2.a
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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan)

2. Developing recordkeeping protocols for all tree maintenance activities and maintaining a database reflecting the current tree inventory and accurate status of the tree resources.

3. Implementing a monitoring program to evaluate and ensure the goals of the Master Plan are met.

4. Reviewing and revising the master plan in conjunction with the annual municipal tree care budget, subject to city council approval.

5. Seeking funding from state, federal, or other granting agencies for public tree restocking and maintenance.

6. Creating a tree fund for monies collected from fines, penalties, and in-lieu payments for tree planting and establishment, and to offset maintenance services.

7. Conducting tree planting projects and education programs to encourage community participation and involvement in the city’s urban forest.

B. Property owners and members of the public have the responsibility to notify the director if any problems occur regarding any street tree or if any public tree maintenance services are required.

12.16.040 Policies and Procedures
A. Recommended Street Tree List. The director shall adopt a list of trees prepared by a Certified Arborist recommended for planting in the right-of-way.

B. Street Tree Inventory. A street tree inventory shall be maintained and reside in a data management system integrated with the city's GIS and shall be fully accessible to staff. Included in the inventory are information regarding trees (species, DSH, height, canopy spread, age or estimate, health and condition); sites (GIS location, planting site specifications, vacant planting site, soil type, location of underground utilities, and water availability); cultural practices (by date of action including planting, pruning, cabling, pest control, fertilization, removal, branch or whole tree failure, priority maintenance needs); and costs (material and equipment use, and personnel hours for each cultural practice).

C. Maintenance Schedule. Street trees shall be maintained on a block/grid pruning schedule assessing and prioritizing trees according to the degree of pedestrian and vehicular traffic and species growth rate.

12.16.050 Tree Planting in Public Right-of-Way

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) A. Trees are required to be planted in the public right-of-way for all development, redevelopment, infill and similar projects.

B. Standards. The following standards for tree planting shall apply:

1. All trees selected for planting shall conform to the American Association of Standards, ANSI Z60.1 Specifications for Acceptance of Nursery Trees at the Time of Delivery. Tree planting shall follow the most current edition of ANSI A-300 Tree Planting, including post-planting pruning, and early tree care. Trees shall comply with the standards and recommendations set forth in the master plan related to species diversity. A maximum of twenty percent (20%) of one general and ten percent (10%) of any species may be used to meet planting requirements within the city.

2. Tree species must be appropriate for the site, keeping in mind “right tree right place” principles. Trees shall be selected for function and purpose as outlined in the master plan to shade public sidewalks, parking lots and neighborhood streets, mitigate stormwater runoff and prevent soil erosion, facilitate flood protection, create a visual barrier and filter particulate matter along heavy traffic thoroughfares, and create habitat for wildlife.

3. Trees shall be situated to maximize benefits and to minimize hazard, nuisance, hardscape damage and maintenance costs.

4. All newly planted street trees shall be scheduled for monitoring, structural pruning, and irrigation as needed during the first three (3) years of establishment.

5. All tree planting shall be recorded in a tree inventory database. The database should include date of planting and scheduled work such as monitoring, structural pruning, stake removal and irrigating as required. Suitable planting sites shall be maintained in the database for future planting.

C. Installation Requirements.

1. One specified minimum gallon size tree must be installed for every twenty-five (25) feet of property frontage.

2. Trees shall be a minimum 15-gallon size with the planting of at least one 24- inch box tree for every three 15-gallon trees planted, or one 24-inch box tree per twenty - five (25) feet of lineal footage, whichever results in a greater number of plantings.

3. Placement of all plantings in new or infill developments shall be located consistent with these requirements:
a. Twenty (20) feet from the curb returns at street intersections.

3.2.a
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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) b. Ten (10) feet from light standard power poles.
c. Ten (10) feet from fire hydrants.
d. Five (5) feet from water and sewer lines.
e. Five (5) feet from service walks, driveways, buildings, walls and permanent structure.

D. Street tree planting requirements for new development shall comply with the standards set forth in Chapter 18.28. Shade tree planting specifications for tree canopy cover in parking lots shall comply with the standards set forth in Chapter 18.30.

12.16.060 Tree Pruning
A. Street tree pruning. Street tree pruning is the responsibility of the public works department and performed by certified arborists. A permit is required for authorization to prune a city street tree. Any unauthorized pruning is unlawful.

B. The following maintenance standards for pruning street trees apply:

1. All street tree pruning shall be performed in compliance with the most current edition of ANSI A300 – Pruning, which includes pruning young trees to develop lowest branching structure above roadway vehicular traffic, and crown cleaning, crown thinning, crown raising, crown restoration, crown reduction and utility line pruning in semi-mature and mature trees.

2. All street trees shall be programmed on a block pruning or grid schedule assessing and prioritizing trees according to the degree of pedestrian and vehicular traffic and species growth rate. Inspections shall be conducted prior to pruning to prioritize streets with the most pedestrian traffic and vehicular traffic and to assess trees in areas with the greatest pruning needs by species.

3. Except for pruning for utility line or traffic light clearance, or to abate a public nuisance, excessive pruning is prohibited.

4. All tree pruning shall be recorded in the tree inventory database noting date of activity, work performed, tree health status, and future maintenance needs. All contractors are required to provide work records upon completion of work.

12.16.070 Criteria for Tree Removal
A. Public tree removals are the responsibility of the public works department and shall be performed at the direction of a certified arborists. Any tree within the public right-of-way or on public property, regardless of size, is a protected tree.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) B. The director may remove or cause the removal of any public tree found to be dead, damaged beyond repair, having a compromised root system that cannot adequately support the tree, causing storm drain or sanitary sewer stoppages which cannot be remedied, causing structural damage that cannot be mitigated by pruning limbs or roots, or hazardous to the public safety or welfare.

C. A tree may be removed when it interferes with proposed development, repair, alteration, or improvement of a site and preservation of the tree would be considered a taking of real property, so long as the proper permit is obtained. Tree removal, if approved, may only occur once building permits are issued.

D. A tree may be removed when removal is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the tree’s interference with existing or planned public infrastructure and preservation of the tree would add unreasonable cost to the project.

E. No liability shall be imposed upon the city or upon any of its officers or employees for damages related to an unsafe tree to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon the property or adjacent to or overhanging the public right-of-way.

12.16.080 Permit Required
A. When a private project or entity other than the city seeks to remove a public tree from the right-of-way or a public place, or a private property owner seeks to have trees in the right-of-way pruned out of cycle at the owner’s expense, a permit is required. A permit also is required to prune branches or roots of a street tree or public tree.

B. An application for a tree removal permit shall be made to the director on the form provided. The application shall be accompanied by a fee as set forth in the master fee schedule and shall provide a justification for the action to be taken. The director shall conduct an inspection and determine whether to approve or deny the application.

C. If the application is approved, the property owner must follow all noticing requirements. The issuance of the permit may be reconsidered by the director or appealed to the city manager. If no request for reconsideration or appeal is filed, the work may be performed as approved and in compliance with all requirements to provide proper and sufficient measures to mitigate against any hazards or nuisances. The property owner is responsible for any damages, necessary repairs or needed replacements. Unauthorized removal is unlawful.

12.16.090 Notices

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) A. For Removal. All public tree removals, except those that are part of a capital improvement project approved by the City Council, must be noticed for a period of fifteen (15) days on a list made publicly available and with a dated notice attached to the tree. Trees determined by the city to be an imminent risk to public safety may be removed without noticing.

B. For Pruning. Notice must be given to the property owner at least three (3) working days prior to scheduled street tree pruning. The notice may require no parking at the curb adjacent to the tree to provide for equipment access.

12.16.100 Reconsideration and Appeals
A. Reconsideration. Reconsideration of the decision to approve or deny a removal permit may be requested by any member of the public on the basis of the criteria used to make the determination. Request for a hearing to publicly review the decision must be submitted in writing to the director within fifteen (15) days after notice of the decision is provided. Notice of the reconsideration decision will be mailed to the applicant, the owners and occupants of all adjacent properties, and any person requesting notice of the decision. The decision shall become final fifteen (15) days after the notice is mailed.

B. Appeal. The decision of the director may be appealed within fifteen (15) days of the notice of decision to the city manager, who shall review the record and make a decision. Decisions of the city manager shall be final.

12.16.110 Replacement of Trees or In-Lieu Fee
A. If the city allows a tree to be removed, replacement tree(s) of an equivalent value must be planted or an in-lieu fee must be paid. Replacement tree(s) planted on-site are a priority. More than one replacement tree may be required to accomplish the goal of replacing the lost canopy.

B. If replacement on a one-to-one basis cannot be fully accomplished in the immediate vicinity of the removed tree(s), staff may authorize payment of in-lieu fees.

The value of the removed tree(s) shall be calculated in compliance with the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

C. Tree planting replacement requirements for the removal of a street tree shall be based on canopy size, measured as the average distance across the canopy in four cardinal directions.

D. The replacement standard shall be as follows:

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) Street tree canopy size Replacement tree size
4’-9’ Two (2) 24” box
10’-27’ Three (3) 24” box
28’-40’ Four (4) 24” box
40’-56’ Six (6) 24” box
56’-60’+ Two (2) 24” box &
Two (2) 36” box &
Two (2) 48” box

12.26.120 Enforcement
A. The director is charged with the responsibility for the enforcement of this chapter and may serve notice upon any person violating any provision of this chapter. Violators shall be subject to the provisions set forth in Chapter 1.12 and Chapter 1.14.

B. A person who intentionally removes or destroys a street tree or a public tree without a tree removal permit, or who negligently causes the removal or destruction a street tree or public tree, shall be required to replace the removed tree and pay the value of the removed tree(s), calculated in compliance with the most recent edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as well as a tree maintenance fee for five (5) years.

C. If the director determines on-site replacement trees are not suitable, the director shall determine the cost of the mitigation needed to remedy the effects of the removal or destruction based upon the value of the unlawfully removed or destroyed tree(s) in compliance with the current version of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, and the cost of planting replacement trees elsewhere.

This amount shall be in addition to any other assessed fees or penalties. This amount shall be in addition to any other assessed fees or penalties.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) Attachment B
Chapter 18.28
Trees on Private Property

18.28.10 Purpose
A. Preserve trees on private property for the health, safety, and welfare of the community while recognizing individual rights to develop and maintain private property; B. Utilize trees to create scenic beauty and wildlife habitat, attract visitors and businesses and serve as a source of community pride;
C. Mitigate storm water runoff, prevent erosion of topsoil, protect against flood hazards, and counteract pollutants in the air;
D. Reach climate goals by shading structures and outdoor places, cooling sidewalks, reduce impacts from increasing temperatures and decreasing wind velocities while improving public health outcomes for residents; and

18.28.020 Definitions
ANSI A-300 Standards. Accredited industry standards and practices for managing trees and other woody plants.

Applicant. Owner of the property to be developed who submits an application to remove a protected tree located on the subject property, or the private property owner applying to remove a protected tree.

Appraisal of Tree Value. An unbiased estimate of the tree's worth performed in accordance with the current edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

Certified Arborist. An arborist certified by the International Society of Arboriculture and approved by the Director.

Diameter. Diameter at standard height (DSH), or trunk diameter measured at 54” above grade.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) Dripline. Area directly located under the outer circumference of the tree branches or with a radius of ten times the diameter of the trunk as measured at 54 inches above grade (DSH), whichever is greater.

Excessive Pruning. Removal of functioning leaf, stem, or root area of a tree in any thirty-six (36) month period such as to cause a significant decline in health, increased risk of failure, or the unbalancing of a tree.

Master Plan. City of East Palo Alto Urban Forest Master Plan, which sets forth the policies and guidelines for planting and maintenance programs for the care and protection of its trees.

Protected Tree. Any tree on private property having a main stem or trunk of 8” or greater in diameter at a height of 54” above grade (DSH); any tree required to be preserved as a condition of a development approval; any tree required to be planted as a condition of a development approval.

Remove. Complete removal, such as cutting the tree to the ground, or taking any action that would lead to the death of a tree or permanent damage to its health, including excessive pruning, girdling, cutting of tree roots, poisoning, over-watering, underwatering, trenching, excavating, altering the grade, paving within the dripline or unauthorized relocation or transportation.

Tree Canopy Cover. Measurement of the total area of a tree’s branches, stems, and leaves when viewed from above.

18.28.030 Authority, Responsibilities and Duties
A. Director. The Director has the responsibility to implement and authority to make decisions and judgments to enforce the provisions of this chapter. Duties include but are not limited to implementing tree protection policies for trees on private property and throughout the development process, accepting and reviewing applications from any person requesting to remove one or more trees on any private property, and approving or denying applications involving trees based on criteria set forth in this chapter, with appropriate conditions.

B. Property Owner. Every owner of real property within the City, and every person responsible for removing or damaging a tree, regardless of whether the person is engaged in a tree removal business, is subject to the regulations in this chapter.

18.28.040 Tree Planting

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) A. ANSI. All trees selected for planting shall conform to the American Association of Standards, ANSI Z60.1 Specifications for Acceptance of Nursery Trees at the Time of Delivery. Tree planting shall follow the current edition of ANSI A-300 Tree Planting, including post-planting pruning, and early tree care. Newly planted trees should be provided regular maintenance, including irrigation and pruning as needed, during the first five years.

B. Species. Tree species must be appropriate for the site, keeping in mind “right tree right place” principles. Trees shall be selected for function and purpose as outlined in the Master Plan. Tree should be situated to maximize benefits and to minimize hazards, nuisances and hardscape damage.

C. New Single-Family Subdivisions. In all new single-family residential subdivisions there shall be a minimum of two trees on each parcel. This tree requirement is in addition to the 150 square feet of permanent private open space required for each parcel.

D. Multiple-Family Residential Subdivisions and Non-Residential Subdivisions.

There shall be a goal of 20% canopy cover over the site within 15 years of final building permit issuance. This requirement is in addition to landscaping required within parking lots and trees installed along the street frontage.

18.28.050 Pruning
No permit is required for pruning a private protected tree. Private protected tree pruning should be performed in compliance with the most current edition of ANSI A300 – Pruning, which includes pruning young trees to develop lowest branching structure above homes or nearby structures, and crown cleaning, crown thinning, crown raising, crown restoration, crown reduction and utility line pruning in semi-mature and mature trees.

Excessive pruning, topping, vandalizing, mutilating, or destroying a protected tree is prohibited.

18.28.060 Permit Required
A. Tree Removal Permit. No person shall remove, destroy or disfigure any protected tree within the city without a permit. If the tree removal is part of a development application, a separate Tree Removal Permit is required, but the Tree Removal Permit will be considered as part of the development application. A Certified Arborist report as noted below, is required.

B. Application. An application for a Tree Removal Permit shall be made to the Director on the form provided. The application shall be accompanied by a fee as set forth in the master fee schedule. The application shall contain the number and location of each

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) tree to be removed, the type and approximate size of the tree, the reason for removal, and any additional information required by the Director. The application shall include a tree report by a Certified Arborist report. Any expense associated with the preparation of the tree report shall be the responsibility of the applicant. The Director may refer the application or report to another department, or person for an additional report or recommendation.

C. Tree Protection Plan. All development projects shall submit an Arborist Report and Tree Protection Plan.

1. The report by the Certified Arborist shall specify the following:
a. The location of trunk and dripline, size, health, and species of all trees on site with a diameter of 6” or greater.
b. The reason for removal for any tree proposed to be removed. c. Recommendations for tree protection measures.
d. An appraisal of the condition and replacement value of all affected trees. The appraisal shall be performed in accordance with the current edition of the Guide for Plant Appraisal Council of Tree and Landscape Appraisers.

2. If an application for a development permit includes tree removal, the report by the Certified Arborist also shall include a planting plan detailing the number of tree replacements, species and irrigation system. Prior to acceptance of improvements, a final tree report by a Certified Arborist shall be submitted to the Director. The report shall assess the health and condition of the trees retained and protected during development and any changes in physical condition.

D. Owner Responsibility. If the removal request is approved, the property owner may perform the work as approved and must comply with all requirements to provide proper and sufficient measures to mitigate against any hazards or nuisances. The property owner is responsible for any damages, necessary repairs or needed replacements. No liability shall be imposed upon the City or upon any of its officers or employees for damages related to an unsafe tree to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon the property or adjacent to or overhanging the public right-of-way.

E. Emergency. If the condition of a tree presents an immediate hazard to life or property, as defined by ANSI A300, it may be removed without a permit on order of the City Manager, Building Official, or the Director; an after-the-event permit will be required.

F. Public Utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may, without a permit, take actions necessary to comply with the

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) safety regulations of the Commission and as may be necessary to maintain safe operation of facilities. Where possible, trees shall be preserved.

G. Financial Security. A check, or an alternative form of payment if approved by the City shall be provided to the City for the appraised value of the trees impacted by development and the value of replacement trees as mitigation for the removal of trees, as well as the cost of staff time. The financial security shall be refunded upon the receipt of a final arborist report certifying preservation or proof of replacement, or payment of an in-lieu impact fee.

18.28.070 Criteria for Tree Removal
A Protected Tree may be removed under the following circumstances:

A. The tree is dead, expected to die within 5 years, or poses a high or extreme risk (as defined by International Society of Arboriculture Best Management Practice (A300 part 9), or is classified as invasive by the California Invasive Plant Council (Cal-IPC, 2017). Where an arborist report indicates that a tree fits this category, fees may be waived.

B. The tree is structurally unsound and cannot be corrected or the risk cannot be significantly reduced by traditional pruning, cabling, or bracing or is causing visible damage to property, which cannot be corrected without destroying the tree canopy or root system.

C. The tree is causing visible damage to property which cannot be corrected without destroying the tree canopy or root system.

D. The tree interferes with proposed development, repair, alteration, or improvement of a site and preservation would stop the implementation of a wellintegrated and thoughtful design that enhances the property and neighborhood while meaningfully furthering the goals set forth in the General Plan and the project will incorporate replacement trees.

E. Removal is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the tree’s interference with existing or planned public infrastructure and preservation of the tree would add unreasonable cost to the project.

18.28.080 Replacement of Trees or In-Lieu Fee

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) If the city allows a tree to be removed, either replacement tree(s) of an equivalent value must be planted or an in-lieu fee must be paid.

A. Replacement. Trees shall be replaced on a one-to-one basis; however, more than one replacement tree may be required to accomplish the goal of replacing the lost canopy. Replacement tree(s) planted on-site are a priority.

B. In-Lieu. If replacement cannot be fully accomplished on-site, staff may authorize payment of in-lieu fees. The value of the removed tree(s) for in-lieu fee payment shall be calculated in compliance with the latest edition of the Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers.

18.28.090 Tree Removal Review Process.

A. Tree Removal Application and Noticing. The property owner shall notify adjacent property owners and tenants, if any, of the intent to remove a protected tree.

Upon submittal of the application, notice is required to be posted. Once the decision is final, a second notice is required to be posted at least 48 hours prior to removal. The notification shall be in a written form, dated and posted on the tree or in another visible location within close proximity to the tree that is clearly visible to adjacent owners and tenants.

B Review Process. Tree removal permit applications shall be reviewed and decided upon by the Director within 30 days of a complete application being submitted. Notice of the decision will be mailed to the applicant, the owners and occupants of all adjacent properties, and any person requesting notice of the decision. The decision shall become final 15 days after the notice is mailed. The decision of the Director may be appealed within 15 days of the notice of decision by filing an appeal in writing. Appeals shall be to the Planning Commission and conducted consistent with the provisions of Chapter

18.106. The decision of the Planning Commission is final.

18.28.110 Enforcement
A. Violations. Violation of a provision contained in this chapter is unlawful and a public nuisance. The Director may serve notice upon any person violating any provision of this chapter. Violators shall be subject to the provisions set forth in Chapter 1.118.

B. Replacement. Intentional or negligent removal or destruction of a protected tree without a Tree Removal Permit shall require replacing on-site each unlawfully removed/destroyed tree with two or three new trees, or a greater number of new trees, as the Director may determine to be necessary to ensure the replacement of the lost canopy and to provide an aesthetic quality reasonably equivalent to the unlawfully

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) removed/destroyed tree within 10 to 15 years. The size, species, and condition of the replacement trees shall be subject to approval by the Director. All replacement trees shall be maintained by the property owner under a five-year maintenance agreement with the City.

C. Value. If the Director determines that on-site replacement trees will not provide sufficient reasonably equivalent canopy cover and aesthetic quality, the Director shall determine the cost of the mitigation needed to remedy the effects of the unlawful removal/destruction based upon the value of the tree(s) in compliance with the latest edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, and the cost of planting replacement trees elsewhere. The established value of the tree(s) shall be the civil penalty assessed, in addition to the penalty prescribed by law for the commission of the offense. Such an amount shall be payable to the City.

D. Business License Revocation. A violation of any provision by a person of a tree removal, landscaping, construction, or other business in the City shall constitute grounds for revocation of the Business License issued to the person or business.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan) Attachment C
Table 7-1
Review Authority
Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Commission Council
A. Administrative Permits and Actions
Administrative Use Permits Ch. 18.86 Decision Appeal Appeal Development Code Interpretations Ch. 18.12 Decision Appeal Appeal Joint/Off-Site Parking Plans Ch. 18.36 Decision Appeal Appeal Minor Variances Ch. 18.90 Decision Appeal Appeal
Reasonable Accommodations Ch. 18.94 Decision Appeal Appeal Sign Permits/Comprehensive Sign Programs Ch. 18.38 See Table 7-2 (Site Plan and Design Review Authorities)(3)
Site Plan and Design Reviews Ch. 18.86 See Table 7-2 (Site Plan and Design Review Authorities)(3)
Temporary Use Permits Ch. 18.94 Decision Appeal Appeal
Tree Removal Permits Ch. 18.28 Decision Appeal N/A
Zoning Clearances Ch. 18.84 Issuance Appeal Appeal
B. Quasi-Judicial Permits and Actions
Conditional Use Permits Ch. 18.86 Decision Appeal
Planned Development Permits Ch. 18.92 Recommend Decision Variances Ch. 18.90 Decision Appeal
Density Bonus for Affordable Housing Ch. 18.42 Recommend Decision C. Legislative Actions
Development Agreements and Amendments Ch. 18.116 Recommend Decision Development Code Text/Zoning Map
Amendments
Ch. 18.108 Recommend Decision
General Plan Text/Map Amendments Ch. 18.108 Recommend Decision D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps See Table 5-1
Lot Line Adjustments, Mergers, and Approvals See Table 5-1 Notes:

1. "Decision" means the Review Authority makes the final decision on the matter; "Appeal" means the Review Authority may consider and decide upon appeals of the decision of a lower decision-making body; “Issuance” means the Review Authority may consider and grant the request; “Recommend” means the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.

2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Council is specified as the Review Authority, the Council is the final level of review.

3. Responsibility for Site Plan and Design Review, as well as the review of Sign Permits and Comprehensive Sign Programs is shared by the Department staff, the Director, and the Commission. The specific Review Authority for these actions is further specified in Table 7-2.

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Attachment: Ordinances (2222 : Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Humza Javed, City Engineer
SUBJECT: Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017
Recommendation
Adopt a Resolution approving a list of projects for Fiscal Year 2022-23 funded by SB 1: The Road Repair and Accountability Act of 2017
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
In April 2017 Senate Bill 1 (SB 1)-the Road Repair and Accountability Act of 2017-was passed by a two-thirds majority in the California Legislature and signed into law by Governor Brown.

As the largest transportation investment in California history, SB 1 is expected to raise $52.4 billion for transportation investments statewide over the next decade.

Most of the SB 1 funding will be directed to tackling the enormous backlog of maintenance and repairs for our local streets, roads and public transit systems. Funding will also be available for mobility improvements and expanding bicycle and pedestrian access. The Bay Area is also well-positioned to benefit from the new statewide competitive grant programs to reduce congestion and improve freight movement along trade corridors.

Revenues to pay for SB 1 programs will come from transportation-related fees and adjustments to state taxes on diesel fuel and gasoline. SB 1 will effectively take the state gas tax back where it used to be over 20 years ago. In 1994, the base excise tax on gasoline was 18 cents per gallon, or around $3 dollars per tank of gas, as a result of the voter-approved gas tax increase in Proposition 111. That rate has been fixed for more than two decades, even

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though $3 buys significantly less maintenance and construction than it did in the 1990’s. SB 1 sets the excise tax on gasoline at 30 cents per gallon, equivalent to what 18 cents in 1994 would be worth today.

The second part of the state gas tax is a price-based excise tax, which SB 1 sets at 17.3 cents per gallon beginning in 2019, precisely where it was set when the gas tax swap was enacted in 2011. SB 1 eliminates the yearly adjustment based on the price of fuel, which has resulted in wild swings in the past.

SB 1 establishes the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the state highway and local street and road systems. The California Transportation Commission (CTC) will allocate the funds based on adopted guidelines. The bill provides that funds shall be used for projects that include, but aren’t limited to, the following:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project • Traffic control devices
The RMRP, which would receive approximately $3.7 billion annually once all new revenue streams take effect, is funded by the newly established Road Maintenance and Rehabilitation Account (RMRA), which receives four sources of new revenue.

Local Street & Road Funding
SB 1 continuously appropriates 50 percent of the RMRA revenues remaining after the takedowns described above to cities and counties using the same formula that applies to the existing base 18-cent per gallon gasoline excise tax. The bill includes a “maintenance of effort” requirement for local funds contributed to street and road repairs to help ensure that the new funding augments existing budgets for road repairs. Specifically, it requires each city and county to spend no less than the annual average from its general fund during 2009-10 through 2011-12.

The City has expended approximately $64,500 of general funds annually for street and road repair during this period. The City will maintain this level of expenditure. It also requires that a local jurisdiction submit a detailed list of proposed projects to be funded to the CTC prior to receiving an allocation, but authorizes cities and counties to fund projects outside of that list in accordance with local needs and priorities, so long as they are consistent with the program’s project eligibility provisions. If a city or county can demonstrate that it has attained a pavement condition index of 80 or higher, it may spend the funds on other transportation priorities.

Analysis
The City maintains 250 streets that amount to 38.8 centerline miles, 82.9 lane miles of road network. The current weighted average Pavement Condition Index (PCI) for the City's network is 62. The City still has over 15% of its pavement network in dire need of reconstruction and infrastructure improvements, such as the addition of storm drainage systems and curb, gutters and sidewalks. It is estimated that the City will need a budget of approximately $1 million per

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year over the next five years to address routine streets maintenance and rehabilitation backlog. By investing this amount, the City's network pavement condition index (PCI) will increase from 62 to around 70. The City does not have the ability to fund the projected maintenance needs to keep the City streets and roads in acceptable condition. However, SB 1 will help the City's ability to fund many critical infrastructure improvements as outlined in the discussion above.

The projects included on the SB1 project List, were approved by the City Council by Resolution No. 71-2021 adopted in June 2021.

Fiscal Impact
No impact on the City General Funds is anticipated to adopt this Resolution. Each project will be presented to the City with its own fiscal impact and analysis. It is estimated the City will receive approximately $891,259 in HUTA funds, and $691,818 in RMRA funds, with the overall total being $1,583,077 in Local Streets and Roads Funding in Fiscal Year 2022-23 from SB 1.

Attachment 2 includes projected SB1 revenues for the City of East Palo Alto.

Attachments

1. Resolution

2. SB1 allocation FY 22-23

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1 of 3
RESOLUTION NO. x

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING A LIST OF POTENTIAL PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of East Palo Alto (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $691,818 in RMRA funding from SB 1, with the overall total of $1,583,077, in local streets and roads funding in Fiscal Year 2022-23; and WHEREAS, this is the sixth year in which the City is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public not otherwise possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City used a pavement management system to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, previously adopted Resolution 71-2021 listed a number of City projects planned to be funded, in part or whole, with Road Maintenance and Rehabilitation Account revenues; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate various streets and roads and add active transportation infrastructure throughout the City primarily through the annual street resurfacing project this year and hundreds of similar projects into the future; and WHEREAS, the SB 1 project list and overall investment in local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Accepts the foregoing recitals as true and correct.

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Attachment: Resolution (2224 : Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017) 2 of 3

2. Affirms that the following projects may utilize fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title Project Type Project Description Location Estimated Completion
Date Estimated Useful Life
Construction Min Max
ST-07 Street
Resurfacing
Program
Road
Maintenance &
Rehabilitation
This project provides for the
resurfacing of City streets during the
ten-year life of the CIP. Roughly
$1,000,000 needs to be expended
annually on street resurfacing.

Various*
05/2023 20 40
ST-09 Bicycle &
Pedestrian
Improvements
Safety This project is for the installation of
street improvements to enhance
vehicular, pedestrian and bicycle
safety throughout the City.

Various*
05/2023
5 40
ST-12 Traffic
Calming Program
Traffic Control
Devices
This project provides for the planning
and construction of speed bumps,
bulb-outs and other traffic calming
devices to reduce speed through
residential zones and to increase
safety. This includes projects in the
City’s Mobility Study.

Various*
05/2023
20 40
ST-14 University
Avenue
Interchange
Complete
Streets
Components
This project will provide for the
widening of the University
Avenue/US 101 overpass to provide
safer pedestrian and bicycle travel
and more efficient vehicle travel.

The project will include the widening
of the overpass bridge and
construction of a new diagonal offramp from southbound (SB) 101 onto SB University Avenue
University
Avenue from
Woodland
Avenue to
Donohoe
Street 05/2023
20 40
* Abelia Way, Addison Avenue, Albernie Street, Almond Lane (Private), Annapolis Street, Avelar Street, Aster Way, Azalia Drive, Bains Street, Bay Road, Baylor Street, Beech Street, Bell Court, Bell Street, Blue Jay Court (Private), Bradley Way, Brentwood Court, Buchanan Court, Camellia Court, Camellia Drive, Camphor Way, Capitol Avenue, Carole Court, Circle Drive, Clarence Court, Clarke Avenue, Clarke Court (Private), Connoly Drive (Private), Cooley Avenue, Cypress Street, Daisy Lane, Daphne Court, Daphne Way, Demeter Street, Dines Court (Private), Donohoe Street, Drew Court, Dumbarton Avenue, East Bayshore Road, East O’Keefe Street, Emmett Way, Euclid Avenue, Euclid Place, Farrington Way, Fordham Street, Gaillardia Way, Garden Street, Gardenia Court, Gardenia Place, Gardenia Way, Gates Street, Georgetown Street, Gertrude Court, Glen Way, Gloria Way, Gonzaga Street, Grace Court, Green Street, Hazelwood Way, Henry Court (Private), Hibiscus Court, Holland Court, Hunter Street, Illinois Street, Jamie Lane (Private), Jasmine Way, Jervis Avenue, Kavanaugh Drive, Kirkwood Court, Larkspur Drive, Laurel Avenue, Lilac Lane, Lincoln Avenue, Lita Lane (Private), Lotus Way, Mandela Court (Private), Manhattan Avenue, McNair Street, Mello Street, Menalto Avenue, Michigan Avenue, Mission Drive, Mouton Circle, Myrtle Court (Private), Myrtle Place (Private), Myrtle Street, Newbridge Street, Newell Road, Notre Dame Avenue, O’Connor Street, Oakdale Avenue, Oakes Street, Oakwood Drive, Oakwood Street, Palo Verde Avenue, Paul Robeson Court, Poplar Avenue, Pulgas Avenue, Purdue Avenue, Ralmar Avenue, Robin Court (Private), Runnymede Street, Runnymede Court (Private), Rutgers Street, Ruth Court, Sacramento Street, Salas Court, Sage Street, Saratoga Avenue, Schembri Lane, Scofield Street, Shorebreeze Court, Sparrow Court, Stevens Avenue, Tara Road, Tate Street, Tea Court (Private), Temple Court, Terra-Villa Avenue, Tinsley Street, Tulane Court, University Avenue, Ursula Way, Verbena Drive, Vance Lane (Private), Veronica Court (Private), Vines Court (Private), Weeks Street, West Bayshore Road, Westminster Avenue, Wilks Street, Wisteria Drive, Woodland Avenue, and Xavier Street PASSED AND ADOPTED this 3
rd day of May 2022, by the following vote:

AYES:

3.3.a
Packet Pg. 34
Attachment: Resolution (2224 : Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017) 3 of 3
NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.3.a
Packet Pg. 35
Attachment: Resolution (2224 : Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017) Local Streets and Roads - Projected Revenue
s
2021-22 2022-23
Estimated January 2022 Hwy Users Ta
x Road Mntnc TOTAL Hwy Users Ta
x Road Mntnc TOTAL
Account Rehab Acct Account Rehab Acct
SAN LUIS OBISPO COUNTYARROYO GRANDE 363,608 476,254 839,862 529,739 400,160 929,900ATASCADERO 613,566 799,600 1,413,167 889,854 675,246 1,565,100EL PASO DE ROBLES 643,599 838,211 1,481,811 932,882 708,299 1,641,180GROVER BEACH 272,494 358,118 630,611 398,200 299,887 698,087MORRO BAY 211,972 280,311 492,282 311,491 233,281 544,771PISMO BEACH 167,937 222,700 390,637 247,402 184,819 432,222SAN LUIS OBISPO 953,976 1,237,231 2,191,208 1,377,557 1,049,877 2,427,434Count y of San Luis Obis
p
o 8,172,657 9,477,591 17,650,248 10,580,267 8,994,229 19,574,496 Total Cities & County: San Luis Obispo 11,399,809 13,690,016 25,089,825 13,690,016 11,399,809 25,089,825 SAN MATEO COUNTYATHERTON 143,206 186,701 329,907 207,376 157,602 364,979BELMONT 548,260 699,544 1,247,804 778,699 603,375 1,382,074BRISBANE 94,843 124,945 219,787 138,638 104,377 243,014BURLINGAME 616,114 784,785 1,400,899 873,737 678,050 1,551,787COLMA 34,362 48,967 83,329 53,928 37,816 91,744

DALY CIT
Y 2,249,357 2,840,525 5,089,882 3,165,276 2,475,477 5,640,754 EAST PALO ALTO 628,624 800,501 1,429,125 891,259 691,818 1,583,077FOSTER CITY 680,240 865,342 1,545,582 963,552 748,622 1,712,175HALF MOON BAY 254,950 328,078 583,028 364,886 280,579 645,466HILLSBOROUGH 235,936 304,192 540,128 338,255 259,654 597,909MENLO PARK 721,313 916,940 1,638,253 1,021,079 793,824 1,814,904MILLBRAE 466,218 595,480 1,061,697 662,790 513,085 1,175,875PACIFICA 784,797 996,690 1,781,487 1,109,996 863,690 1,973,685PORTOLA VALLEY 94,449 124,450 218,899 138,086 103,944 242,030REDWOOD CIT Y 1,764,332 2,228,719 3,993,051 2,483,445 1,941,695 4,425,140 SAN BRUNO 930,737 1,180,026 2,110,763 1,314,401 1,024,301 2,338,702SAN CARLOS 617,522 786,555 1,404,077 875,709 679,600 1,555,310SAN MATEO 2,134,319 2,696,011 4,830,330 3,004,154 2,348,876 5,353,030SOUTH SAN FRANCISCO 1,390,534 1,759,140 3,149,673 1,959,898 1,530,320 3,490,218WOODSIDE 116,570 153,239 269,809 170,069 128,288 298,358Count y of San Mateo 10,808,951 15,052,200 25,861,151 16,764,876 11,895,542 28,660,418 Total Cities & Count
y: San Mateo 25,315,633 33,473,030 58,788,663 33,473,030 25,315,633 58,788,663 January 2022 CaliforniaCityFinance.com Page 16 of 21

3.3.b
Packet Pg. 36
Attachment: SB1 allocation FY 22-23 (2224 : Potential Project List Adoption for Senate Bill 1 (SB1) Road

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Humza Javed, City Engineer
SUBJECT: Authorization to apply for the Hazard Mitigation Grant Recommendation
Authorize the City Manager to submit an application for the Hazard Mitigation Grant Program Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The California Office of Emergency Services (Cal OES) recently released a call for the Hazard Mitigation Plan Grant Program (HMGP). The 2021 HMGP funding opportunity provides support for communities to implement mitigation activities to reduce risk to life and property from natural hazards. City Staff submitted a notice of intent (NOI) on February 14, 2022 for the O’Connor Stormwater Pump Station Improvements project.

Analysis
FEMA’s Hazard Mitigation Grant Program (HMGP) funds plans and projects that reduce the effects of future natural disasters. The City has submitted a grant application for the O’Connor Pump station project Phase II (CIP SD-06B). This project is included in the 10-year adopted Capital Improvement Plan as an unfunded project for FY 22-23 in the amount of approximately $8 million. The O’Connor Pump Station was built in 1983, and it is the City’s only pump station that drains the majority of the City.

The O’Connor Pump Station project is divided into two phases. The first phase (SD-06A) includes more urgent and critical upgrades as well as code compliance items, such as removal of the underground diesel tank, upgrade of a pump and replacement of shafts. Recently approved $800,000 earmark funds will drive this project.

3.4 Packet Pg. 37
The second phase of the O’Connor Pump Station Project (subject of the HMG grant) will increase the stormwater pumping capacity from marginally handling a 10-year flooding event to a fully handling a 100-year flooding event for this critical community infrastructure by adding additional pumping capacity and making structural changes to provide better flow hydraulics.

The upgraded pump station will change out diesel driven pumps with electric driven pumps that will increase the pumping capacity from 200 cfs to 290 cfs, modify the wetwell of the pump station to bring it up to Hydraulic Institute standards, and provide back-up power in the event of a power failure.

This project if awarded, would begin with the design/permitting phase which is estimated to take up to twenty four (24) months. The subsequent construction phase is estimated to take ten (10) months.

Because this grant application deadline had a quick turnaround, staff, with the assistance of its consultant, Harris & Associates submitted the application on April 13th 2022. Staff is requesting City Council ratify the submittal of this grant application.

Grant guidelines are located at:
<https://www.caloes.ca.gov/cal-oes-divisions/recovery/disaster-mitigation-technicalsupport/404-hazard-mitigation-grant-program> Fiscal Impact
There is no fiscal impact with the submittal of this grant application. The most recent cost estimate for design, construction, construction management, and contingency is approximately $12 million. A 25% city match in the amount of $3 million would be required. FEMA will review applications and tentatively provide further direction to agencies in 2023. If the City’s application is approved, staff will return to City Council with a CIP budget update in the future.

Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Attachments

1. Resolution

3.4 Packet Pg. 38
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE

HAZARD MITIGATION GRANT PROGRAM
WHEREAS, the California office of emergency services recently released a funding opportunity regarding FEMA’s Hazard Mitigation Grant Program (HMGP); and WHEREAS the program makes approximately $428 million in federal funding available for eligible HMGP activities and projects; and
WHEREAS, City of East Palo Alto staff with assistance from consultant Harris & Associates has submitted a grant application for upgrading the O’Connor Pump Station; and WHEREAS, the O’Connor Pump station is a critical asset to the City and a project to upgrade the facility is included in the city’s 2020 capital improvement plan; and WHEREAS, the grant application for O’Connor Pump Station Phase II for major site improvements was submitted on April 13, 2022; and
WHEREAS, the recent project cost estimate for design, construction, construction management, and contingency is approximately $12 million. A 25% city match in the amount of $3 million would be required; and
WHEREAS, FEMA will review applications and tentatively provide further direction to agencies in 2023.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to submit an application for the Hazard Mitigation Grant Program.

PASSED AND ADOPTED this 3
rd day May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.4.a
Packet Pg. 39
Attachment: Resolution (2225 : Authorization to apply for the Hazard Mitigation Grant)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
Greg Henry, Senior Management Analyst
SUBJECT: Authorize conversion of IQM2 software to Granicus Peak Agenda with one-time conversion costs, authorize an extension of the term through October 14, 2026 and wave the formal bid procedures.

Recommendation
Adopt a Resolution:

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority #3: Increase Organizational Effectiveness and Efficiency Background
On July 17, 2018 the City Council adopted Resolution 4993 authorizing a contract with Granicus for their IQM2 (MinuteTrak) software. City staff fully implemented IQM2 system in December 2019 which resulted in an increase in efficiency and a reduction in staff time that is focused on publishing the agendas and minutes for the City Council and all City commissions,

3.5 Packet Pg. 40
boards, and committees.

The contract was most recently updated May 19, 2020 to authorize an annual subscription through June 30, 2022.

In addition to extending the term of service with Granicus, staff recommends the City transition from IQM2 to Peak Agenda.

Analysis
Since the current contract is approved only through June of this year, the City must update the agenda management contract.

Further, Peak Agenda also is provided by Granicus and is a more modern cloud-based Agenda software suite. Staff anticipate further efficiency improvements with a conversion to this software. Peak Agenda has a streamlined approval process with automated approvals. It is easier for staff set up custom approval sequences and automatically notify or remind assigned users when items are ready for review. Therefore, moving to this agenda management system will improve staff efficiency.

The improved web interface will enhance the citizen engagement with an increased focus on ADA (Americans with Disabilities Act) compliance. The new system will provide officials the ability to view a digital agenda, take notes, bookmark, and view past meeting videos and documents more easily.

More than 1,400 local agencies use Peak Agenda Management.

Fiscal Impact
There will be a fiscal impact of $5,300 this fiscal year for implementation. The current annual subscription cost of IQM2 software is $21,960, this cost will be maintained through the new term of the contract.

Public Notice
N/A
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

Attachments

1. Granicus Resolution

3.5 Packet Pg. 41
1 of 2
RESOLUTION NO. – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO ENTER A SECOND AMENDMENT WITH

GRANICUS FOR AGENDA MANAGEMENT SOFTWARE AND EXTENDING THE TERM FOR A TOTAL INCREASE IN THE NOT-TO-EXCEED OF $93,140 WHEREAS, the City of East Palo Alto (“City”) is using Granicus for its agenda management system, which has improved the agenda management process for City Council, Boards, Committees, and Commissions; and
WHEREAS, it is necessary for the City to maintain organizational effectiveness and efficiency in alignment with the City Council strategic plan; and
WHEREAS, Granicus has offered to provide new agenda management software at no increase in the current annual subscription cost; and
WHEREAS, Granicus has proven to be a qualified, competent, knowledgeable, and customeroriented vendor, that helped in the implementation and support of the City’s Automated Agenda Management System.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST

PALO ALTO THAT IT

1. Authorizes the City Manager to enter a second amendment, in a form approved by the City Attorney, with Granicus to convert the current software from the IQM2 software package to the Peak Agenda Management suite with an implementation cost not to exceed $5,300 and extend the term through October 14, 2026 at no increase to the annual subscription fee of $21,960 for a total increase in the not to exceed of $93,140; and

2. Waives the formal bid procedures pursuant to Section 2.84.070(D) of the East Palo Alto Municipal Code due to the special circumstances that Granicus is the City's current Agenda Management Provider.

3.5.a
Packet Pg. 42
Attachment: Granicus Resolution (2199 : Granicus Update) 2 of 2
PASSED AND ADOPTED this 3
rd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk Valerie J. Armento, Interim City Attorney

3.5.a
Packet Pg. 43
Attachment: Granicus Resolution (2199 : Granicus Update)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: FY 2021-22 Third Quarter Treasury Report
Recommendation
Accept and file the Treasury Report for the third quarter ended March 31, 2022.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
➢ Priority #3: Increase Organizational Effectiveness and Efficiency ➢ Priority #5: Improve Communication and Enhance Community Engagement Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. The Finance staff provides quarterly reporting to the City Council indicating the summary of investments for the period and denoting the ability of the City to meet its expenditure requirements for the next three months.

Analysis
This report covers primary cash and investments of the City. For investment purposes, City cash is pooled, except for bond proceeds, which are held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records.

As of March 31, 2021, the total deposit value of cash and investments equals $111,327,182.

The book value of deposits equals $110,773,695 including outstanding checks and other minor adjustments of $553,487. Compared to the prior quarter ended in December 2021, the FY 2021-22 third quarter (Q3) ending on March 31, 2022 total book value balance increased

3.6 Packet Pg. 44
approximately $3.0M. The overall increase is mainly due to an increase in General Fund cash ($3.4M) attributed to approximately $4.4 million property tax revenue receipts in March.

Summary March 31, 2022
Average
Maturity
(YRS)
Average
Earnings
(QTR)
Deposit and
Book Value Market Value
Petty Cash n/a n/a $ 10,800 $ 10,800
Bank Checking n/a 0.34% $ 3,448,702 $ 3,448,702
Local Agency Investment Fund 0.85 0.29% $ 10,005,381 $ 9,892,856 San Mateo County Pool Investment 1.52 0.95% $ 97,862,299 $ 95,896,792 $ 111,327,182 $ 109,249,150
The book market value totals $108,695,663 including an unrealized loss of $2,078,033 reflecting overall increases in treasury yields during the calendar year. The table below reflects changes in rates since March 31, 2021 and compared to the previous month of February 2022 demonstrating an increase in both short-term and long-term Treasury yields from February 28, 2022 as well as from a year ago flattening of longer term yields across the curve.1:

Mar-22 Feb-22 Mar-21
6-month Treasury Bill 1.02 0.68 0.05
2-year Treasury Note 2.28 1.44 0.16
5-Year Treasury Note 2.42 1.71 0.92
The City’s portfolio is invested in the Local Agency Investment Fund (LAIF) and the San Mateo County Treasurer’s Pool. LAIF is a highly liquid investment pool operated by the State Treasurer, and the City has same-day access to the funds. The County Treasurer’s Pool is less liquid, and the maturity and diversification of the underlying securities which in normally functioning markets is generally expected to result in higher yield. City staff does not control or direct the underlying investment of funds and each pool is managed by the respective agency’s investment staff and oversight committee or board. December to March over quarter LAIF yields increased from 0.21% to 0.29% and San Mateo County Pool average gross pool earnings decreased from 0.958% to 0.945%. San Mateo County Pool earnings are quoted on gross earnings.

Both LAIF and the County Pool fair value factors in the second quarter have dropped from

0.9974 to 0.9888 and from 0.9991 to 0.9799, respectively compared to the previous quarter.

This is mainly due to the increase trend in Treasury yields indicated in the table above.

Pursuant to California Government Code 53646 the City shall meet its expenditure requirements for the next six months.

Fiscal Impact
This report is informational.
1 Daily Treasury Yield Curve Rates, Treasury.gov

3.6 Packet Pg. 45
Attachments

1. Schedule A - Treasury Report QE Mar-22

3.6 Packet Pg. 46
Average
Interest
Earnings

DEPOSIT AND
BOOK VALUE % MARKET
VALUE
Days Years For QTR

1. Petty Cash na na 0.000% 10,800 0.0% 10,800

2. On Demand Deposits (Wells Fargo checking) na na 0.340% 3,448,702 3.2% 3,448,702

3. Local Agency Investment Fund (LAIF) 310 0.85 0.290% 10,005,381 9.1% 9,892,856

4. San Mateo County Pool Investment 555 1.52 0.945% 97,862,299 87.8% 95,896,792

0.884% 111,327,182 100.0% 109,249,149
General Fund (including petty cash of $10,800) 30,069,950 30,069,950 General Sub - Funds (Committed/Reserved) 11,647,712 11,647,712 City Funds Restricted and Committed 67,478,764 67,478,764 Successor Agency Trust 1,577,269 1,577,269
Unrealized Gain on Investment Pools (2,078,033) -
108,695,663 110,773,695
Checks Outstanding/Other AJE 553,487 553,487
553,487 553,487
109,249,149 111,327,182
CERTIFICATION:

Pursuant to Government Code Section 53646, the City will meet its expenditure requirements for the next six months. Total funds invested represent the consolidation of all fund types, and availability of certain funds is restricted by law.

Tomohito Oku 4/26/2022
Director of Finance Date
For Reporting Information Regarding Investment Pools:

LAIF http://www.treasurer.ca.gov/pmia‐laif/laif/index.asp San Mateo County Pool http://sanmateocountytreasurer.org/index.html Average Maturity
Cash and Investments
Total Cash and Investments on Deposit
Treasury Summary

CITY AND SUCCESSOR AGENCY OF EAST PALO ALTO

SUMMARY OF INVESTMENTS
For Quarter Ended March 31, 2022
Total Book Balance
Bank to Book Adjustments
Total Book Adjustment
Total Cash and Investment Portfolio
Category

3.6.a
Packet Pg. 47
Attachment: Schedule A - Treasury Report QE Mar-22 (2229 : FY 2021-22 Third Quarter Treasury Report)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Batool Zaro, Assistant Civil Engineer
Humza Javed, City Engineer
SUBJECT: Notice of Completion - Senior Center Roof Replacement Project Recommendation
Adopt a Resolution accepting the Senior Center Roof Replacement Project, CIP-FA-04, authorizing the recordation of the Notice of Completion with the County of San Mateo, and release the contract retention balance.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The East Palo Alto Senior Center located at 560 Bell Street was built in the 1970s. The building included an aged roof that consists of four sections, two tar & gravel sections with parapet walls covered in tar and two open-gable sections with asphalt shingles. The purpose of the Senior Center Roof Replacement Project was to repair the center roof.

Analysis
The construction work commenced on June 13th, 2021 and was completed on July 13th, 2021.

The project was inspected throughout construction and was accepted in Fall of 2021. All work was completed within the existing budget.

Fiscal Impact

3.7 Packet Pg. 48
The original contract awarded to Andy’s Roofing Company Inc. was for $98,400.00 including the contingency. There were some project item deductions, and two change orders were issued for damaged shingle roof deck in the total amount of $8,368.54, bringing the total project cost to $90,368.54. The City is currently holding retention in the amount of $4,518.43 to be released upon acceptance of the improvements by the City 35 days after recordation of the Notice of Completion.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto
Environmental
This project is categorically exempt under California Environmental Quality Act (CEQA) Guideline Article 19, Categorical Exemption, Section 15302 (b).

Attachments

1. Senior Center Roof Replacement - Resolution

2. NOC-Notice of Completion

3.7 Packet Pg. 49
1 of 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ACCEPTING THE SENIOR CENTER ROOF REPLACEMENT PROJECT, CIP-FA-04, AUTHORIZING

THE RECORDATION OF THE NOTICE OF COMPLETION WITH THE COUNTY OF SAN MATEO,

AND RELEASING THE CONTRACT RETENTION BALANCE
WHEREAS, on March 17, 2020, the City Council approved the Plans and Specifications for the Senior Center Roof Replacement Project and authorized the City Manager to solicit bids for construction of the project; and
WHEREAS, on April 19, 2021, the City Council adopted Resolution No. 20-2021, which authorized the City Manager to execute a construction contract with Andy’s Roofing Company Inc., in an amount of $82,000.00, and establish a construction contingency of $16,400.00, totaling the construction budget of $98,400.00; and
WHEREAS, construction on the project began in June 2021 and was successfully completed in July 2021.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY accepts the Senior Center Roof Replacement Project, CIP-FA-04, authorizes the recordation of the Notice of Completion with the County of San Mateo, and releases the contract retention balance.

PASSED AND ADOPTED this 3
rd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rubin Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.7.a
Packet Pg. 50
Attachment: Senior Center Roof Replacement - Resolution (2136 : Notice of Completion - Senior Center Roof Replacement Project) .

ATTACHMENT 2

RECORDATION REQUESTED BY AND
AFTER RECORDATION RETURN TO:

The City of East Palo Alto
2415 University Avenue
East Palo Alto, California 94303
Attn: City Clerk
BY: MAIL (X) PICK-UP ( )

PLEASE RECORD WITHOUT FEE PURSUANT
TO GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
Notice is hereby given pursuant to the California Civil Code that the City of East Palo Alto (“City”) accepted as complete, on May 3, 2022, Senior Center Roof Replacement Project, CIP-FA-04 (the “Project”). The Project consisted of the replacement of two tar and gravel sections with parapet walls covered in tar and two open-gable sections with asphalt shingles.

The work also included the installation of roof drains. Construction work commenced in June 2021 and was substantially completed in July 2021.

The fee owner of the Property is the City of East Palo Alto, located at 2415 University Avenue, East Palo Alto, California, 94303.

The Project was undertaken at the Property pursuant to a contract between the City and Andy’s Roofing Company Inc., whose principal place of business is…, which provided for the labor and materials to be furnished for the Project.

The work included but is not limited to the replacement of the Senior Center Roof located on 560 Bell Street East Palo Alto, Ca 94303. Said work and improvements were accepted as completed by the City Council of the City of East Palo Alto at a regular meeting held on the 3
rd day of May 2022. The Project was completed for the total construction contract amount of $$90,368.5410,091,410 (Ninety thousand, three hundred and sixty eight dollars and fifty four cents).

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
[SIGNATURES FOLLOW ON NEXT PAGE]

3.7.b
Packet Pg. 51
Attachment: NOC-Notice of Completion (2136 : Notice of Completion - Senior Center Roof Replacement Project) Executed this the
th day of , 2022, at East Palo Alto, California.

APPROVED AS TO FORM: THE CITY OF EAST PALO ALTO
By:_________________________ By:_________________________ Kamal Fallaha, PE
City Attorney Public Works Director
State of California )
)
County of San Mateo )
On _________________, 2022, before me, _________________, Notary Public, personally appeared, _________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_____________________________
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Attachment: NOC-Notice of Completion (2136 : Notice of Completion - Senior Center Roof Replacement Project)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
Karen Camacho, Housing Project Manager
Rachel Horst, Housing and Economic Development Manager
SUBJECT: Calling and Consolidating the November 8, 2022 General Municipal Election Recommendation
Adopt a Resolutions:

1. Calling and ordering a Tuesday, November 8, 2022 General Municipal Election for the City of East Palo Alto, for the purpose of electing two members to the City Council; and

2. Authorizing the City Manager to enter into a service agreement with San Mateo County’s Chief Election Officer to conduct the election; and

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
Pursuant to State law and East Palo Alto Municipal Code Section 2.64.030 relating to elections, a regular General Election is to be held on every even numbered year for the purpose of filling vacant and/or term expired City Council seats and for placing any public or City Council-generated measure/initiative/referendum on the ballot.

A General Municipal Election will take place on Tuesday, November 8, 2022, in which the City

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of East Palo Alto City Council will have two City Council terms expiring. The resolution calling and ordering the General Municipal Election is provided as Attachment 1.

This resolution also authorizes the City Manager to execute a Service Agreement with the County of San Mateo to conduct the election. The 2022 Service Agreement was not available from the County at the time of publication of this staff report. The executed 2020 Service Agreement is included in this staff report as Attachment 3 for reference. Staff anticipates that the 2022 Service Agreement will be substantially similar to this version.

The resolution requesting the consolidation of the General Municipal Election with the statewide General Election (Attachment 2) must be adopted and filed 127 days and 113 days before the election (July 4, 2022 to July 18, 2022). Adopting it at this City Council meeting meets Elections Code §§12101, 12111.

Analysis
The City Council will have two expired terms in December 2022. The terms that are expiring are held by Ruben Abrica and Regina Wallace-Jones. In order to meet legal requirements, set by the Election Code, the City Clerk:
· Prepared this report and resolutions calling and ordering the General Municipal Election;
· Will prepare a San Mateo County Service Agreement to conduct the election and deliver it to the County Chief Elections Officer’s office with a copy of the certified resolution after City Council’s approval on May 3, 2022; and
· Will publish a Notice of Election in a local adjudicated newspaper by July 18, 2022.

Fiscal Impact
$45,000 has been appropriated in the Fiscal Year 2020-21 General Fund Budget in preparation for this election. Based on its internal practice, San Mateo County will provide a final accounting and invoice to the City in January 2023.

Public Notice
The public was provided notice of this agenda item by making the agenda and report available on the City’s website and on the City’s official bulletin board located outside City Hall at 2415 University Avenue, East Palo Alto.

Attachments

1. Resolution Calling Municipal Election

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2. Resolution Consolidating Municipal Election with Statewide General Election

3. 2020 Service Agreement with County of San Mateo

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RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO CALLING AND ORDERING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH THE SAN MATEO COUNTY RECORDER/ASSESSOR’S OFFICE TO CONDUCT THE CITY’S

ELECTION
WHEREAS, under the provisions of state law and East Palo Alto Municipal Code relating to elections, there is to be a General Municipal Election on Tuesday, November 8, 2022 for the purpose of electing two members to the City Council to each fill a four-year term; and WHEREAS, a service agreement will be prepared and forwarded to the City by San Mateo County for the purpose of conducting the General Municipal Election for the City of East Palo Alto; and
WHEREAS, the Office of the City Clerk will cause a legal public notice calling and ordering an election to be published no later than Monday, July 18, 2022 in an adjudicated newspaper; and WHEREAS, forty-five thousand dollars ($45,000) have been set aside in the City of East Palo Alto 2022-23 Fiscal Year Budget to cover the anticipated cost of San Mateo County’s services to the City for this election and the City will receive an invoice from San Mateo County in January 2023; and NOW, THEREFFORE, BE IT RESOLVED, that the City Council of the City of East Palo Alto hereby orders as follows:

1. There is called and ordered to be held in the City of East Palo Alto, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two members to the City Council to each fill a four-year term expiring November 30, 2026.

2. The City Clerk is directed to publish a notice of the November 8, 2022 General Municipal Election within the prescribed time.

3. The City Clerk is directed to make available to the public in a timely manner, information pertaining to important filing dates for potential candidates and important deadlines regarding any candidate statements for the November 8, 2022 ballot.

4. Pursuant to California Elections Code section 13307, the City Clerk is directed to levy again each candidate availing himself or herself of the service of including a candidate’s statement not to exceed two hundred (200) words in length in the voter’s pamphlets, the actual prorated costs of printing, handling, and translating the candidates statement incurred by the City. The City Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated pro-rated share at the time the candidate statement is filed.

5. The City Clerk is directed to transmit all duly submitted candidate documents and ballot language to the San Mateo County Election office, as required by all official and established deadlines.

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Attachment: Resolution Calling Municipal Election (2231 : Calling and Consolidating the November 8, 2022 General Municipal Election)

6. The City Manager is hereby authorized to enter into a service agreement with the San Mateo County Elections Office for provision of elections services.

7. The polls shall be open from 7:00 a.m. on the day of the election and shall remain open continually from that time until 8:00 p.m. of the same day when the polls shall be closed.

8. That in all particulars not recorded in this resolution, the election shall be held and conducted as provided by law for the holding of consolidated general municipal elections.

PASSED AND ADOPTED this 3rd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT: SIGNED:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution Calling Municipal Election (2231 : Calling and Consolidating the November 8, 2022 General Municipal Election) RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO REQUESTING

THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN MATEO TO CONSOLIDATE A MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 8, 2022 PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, under the provisions of Elections Code Section 1001, et seq. relating to elections, there is to be held a Statewide General Election on Tuesday, November 8, 2022, and WHEREAS, it is desirable that the Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of San Mateo canvass the returns of the Municipal Election and that the election be held in all respects as if there were only one election; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Palo Alto hereby orders as follows:

SECTION 1. That pursuant to Section 10002 of the Elections Code the Board of Supervisors of San Mateo County is requested to permit the County Elections Official to render specified services to the City of East Palo Alto relating to the conduct of the election.

SECTION 2. That the County election department is authorized to canvass the returns of the Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Recorder/Assessor’s Office Election Division to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of East Palo Alto recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs.

SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Division of the County of San Mateo.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 3rd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Resolution Consolidating Municipal Election with Statewide General Election (2231 : Calling and Consolidating the November 8, SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution Consolidating Municipal Election with Statewide General Election (2231 : Calling and Consolidating the November 8,

3.8.c
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Attachment: 2020 Service Agreement with County of San Mateo (2231 : Calling and Consolidating the November 8, 2022 General Municipal

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Attachment: 2020 Service Agreement with County of San Mateo (2231 : Calling and Consolidating the November 8, 2022 General Municipal

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation Of the City of East Palo Alto in Recognition & Celebration of the Cinco De Mayo Festival Latino 2022 And Extending Congratulations to the Comite Latino for Organizing Event Since 1985
Recommendation
Present the proclamation.

Attachments

1. 2022 Cinco de Mayo proclamation-Ver2.0 (1)

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PROCLAMA DE LA CIUDAD DE EAST PALO ALTO EN RECONOCIMIENTO Y CELEBRACIÓN DEL FESTIVAL LATINO DEL CINCO DE MAYO 2022 Y
FELICITACIONES AL COMITE LATINO POR ORGANIZAR EL EVENTO DESDE 1985 Considerando que, durante las festividades del Cinco de Mayo, las personas de ascendencia mexicana celebran su contribución a la sociedad estadounidense y se unen a otras latinas/os para afirmar su cultura, historia y aspiraciones de equidad y justicia para la comunidad latinx y para todas las personas en los Estados Unidos y el mundo; y
Considerando que el Cinco de Mayo conmemora la Batalla de Puebla del 5 de Mayo de 1862 y las luchas de México y el continente americano por la autodeterminación y la democracia contra las potencias coloniales y las sociedades esclavistas durante el siglo XIX; y Considerando que el Comité Latino, una organización de voluntarios fundada en 1981, ha organizado eventos culturales, y en particular el Festival Latino desde 1985, y ha traído orgullo y reconocimiento a la ciudad de East Palo Alto, estableciendo el festival y el desfile internacional como evento regional en la península y área de la bahía, al que asisten miles de personas; y
Considerando que, el Festival Latino Cinco de Mayo de 2022 marca el 37.º aniversario de esta celebración pública y familiar (cancelada solo dos veces por razones importantes) y será virtual este año como precaución y se transmitirá a través de Midpen Media Center el jueves 5 de Mayo a las 6 PM en el canal 30 por cable con varias proyecciones; y
Considerando que la pandemia ha expuesto la opresión racista y las profundas desigualdades que han magnificado el sufrimiento de la humanidad y, en particular, han afectado a los pobres, la comunidad de inmigrantes indocumentados, las personas de color, las mujeres, las personas con enfermedades crónicas y otras poblaciones vulnerables en todo el mundo; y
Considerando que el programa del evento virtual es una celebración de la vida y la cultura y también un recuerdo de los que han fallecido y es un llamado a la comunidad a vacunarse por completo, usar máscaras según sea necesario y continuar con precauciones para evitar infecciones de variantes de COVID- 19; y Considerando que el Comité Latino también hace un llamado a la comunidad latina a defender sus derechos como seres humanos y trabajar en solidaridad con otras comunidades para reconstruir una sociedad post pandemia que trate con más seriedad los temas de inequidades económicas, así como en salud, educación, vivienda, trabajo y otros ámbitos de la vida cotidiana, manteniendo así el significado histórico del Cinco de Mayo; y Ahora, por lo tanto, se resuelve que yo, Rubén Abrica, alcalde, junto con el concejo de la ciudad de East Palo Alto reconocemos y celebramos el Festival Latino del Cinco de Mayo de 2022 y felicitamos al Comité Latino por continuar con esta tradición comunitaria en East Palo alto y el Área de la Bahía.

Con Fecha: 3 de Mayo 2022
Ruben Abrica, Alcalde

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Attachment: 2022 Cinco de Mayo proclamation-Ver2.0 (1) (2238 : Cinco De Mayo Proclamation)

PROCLAMATION OF THE CITY OF EAST PALO ALTO IN RECOGNITION & CELEBRATION OF THE CINCO DE MAYO FESTIVAL LATINO 2022 AND EXTENDING CONGRATULATIONS TO THE COMITE LATINO FOR ORGANIZING EVENT SINCE 1985
Whereas, during the Cinco de Mayo festivities people of Mexican descent celebrate their contribution to American society and join other Latinas/os in affirming their culture, history and aspirations for fairness and justice for the Latinx community and for all people in the United States and the world; and Whereas, Cinco de Mayo commemorates the Battle of Puebla on the 5th of May 1862 and Mexico’s and the American continent's struggles for selfdetermination and democracy against colonial powers and slave societies during the XIX century; and Whereas, the Comite Latino, an all-volunteer organization founded in 1981 has organized cultural events, and notably the festival Latino since 1985 and has brought pride and recognition to the city of east palo alto, establishing the festival and the international parade as a regional cultural event in the peninsula and bay area, attended by thousands of people; and
Whereas, the 2022 festival Latino Cinco de Mayo marks the 37th anniversary of this public and family oriented celebration (cancelled only twice for major reasons) and will be virtual this year as precaution and transmitted via Midpen Media Center on Thursday May 5 at 6 PM on channel 30 cable; and Whereas, the pandemic has exposed racist oppression and the deep inequities that have magnified the suffering of humanity and in particular have impacted the poor, the undocumented immigrant community, people of color, women, those with chronic illnesses and other vulnerable populations around the world; and
Whereas, the virtual event's program is a celebration of life and culture and also a remembrance of those who have passed and is a call to the community to get fully vaccinated, use masks as necessary and continue with precautions to avoid infections from variants of COVID-19; and Whereas, Comite Latino likewise calls on the Latina/o community to defend their rights as human beings, and to work in solidarity with other communities in order to rebuild a society post pandemic that treats the issues of economic inequities more seriously, as well as in health, education, housing, jobs, and other areas of daily life, thus maintaining the historic meaning of the Cinco de Mayo; and Now therefore, be it resolved that I, Ruben Abrica, Mayor, along with the East Palo Alto city council hereby recognize and celebrate the 2022 Cinco de Mayo Festival Latino and we congratulate Comite Latino for continuing this community tradition in East Palo alto and the Bay Area

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Attachment: 2022 Cinco de Mayo proclamation-Ver2.0 (1) (2238 : Cinco De Mayo Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation Recognizing Mr. Bob Hoover for his Decades of Service to the Community and in Celebration of his 90th birthday.

Recommendation
Present the proclamation.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation Recognizing the Ravenswood Family Health Center Network's 20 years of Providing Comprehensive Health Services to East Palo Alto Residents Recommendation
Present the proclamation.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation of the City of East Palo Alto Celebrating May as Jewish American Heritage Month, 2022
Recommendation
Present the proclamation.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation of the city of East Palo Alto Celebrating May as Asian American and Native Hawaiian/ Pacific Islander Heritage Month, 2022 Recommendation
Present the proclamation.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 3, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Kelly Beggs, Consultant Planner
Elena Lee, Planning Manager
SUBJECT: University Circle Phase II
Recommendation
Adopt a Resolution:

1. Certifying that the Final Environmental Impact Report (FEIR) has been done in compliance with the California Environmental Quality Act (CEQA);

2. Adopting a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQAGuidelines (California Code of Regulations, Title 14, Section 15000);

3. Directing the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section15075 of the CEQA Guidelines; and

5. Authorizing the City Manager to execute a Pedestrian Access License Agreement for the University Circle Site.

Introduce an Ordinance to approve the Proposed Development Agreement for the University Circle Phase II project and waive the first reading.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 2: Enhance Economic Vitality
Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community

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PROPOSAL AND PROJECT DETAIL
The Applicant is seeking City approval of the following Project, as described in Table 1:

TABLE 1: PROJECT DATA
Project Element Detail/Description
Applicant / Owner Seven Bridges Properties, on behalf of Columbia Realty Trust (“Applicant,” “Developer”)
Location 1950-2050 University Avenue (“Site”, “Property”) Assessor’s Parcel Numbers (APN) 063-680-020
Size of Site 11.84 acres
Existing Use Office
General Plan Designation Office
Existing Zoning C-O - Commercial Office Zone
Surrounding Zoning North: Highway 101 and Mixed-Use High-Density; South: Palo Alto; West: R-HD-5, C-N and R-UHD;
East: R-HD-5
Special Designation None
Recusal Map No City Council member resides within 500 feet of the site.

Requested Entitlements
• Design Review Permit
• Conditional Use Permit for Reduced Parking
• Certification of an Environmental Impact Report
• Development Agreement
Number of Stories / Height (Office
Building)
6 Stories / 100 feet to parapet
Square Footage (Office Building) 180,000 square feet
Number of Parking Spaces 484 (total of 1,600 spaces will serve the project site’s offices as a whole)
Number of Bicycle Parking Spaces 18 short-term bicycle parking spaces; 48 longterm/secure bicycle parking spaces Estimated Number of Jobs 720
Developer Seeking Concessions? Yes, 484 parking spaces vs 551 required by Municipal Code Section 18.30.050

BACKGROUND
The project has been under review since a preapplication was submitted in 2017. Since that submission, the following meetings and actions have occurred:
• 2017-2019: Preapplications submitted and considered
• February 7 and 28, 2019: Applicant Community Meetings • April 22, 2019: Planning Commission Study Session:
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1226

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• July 30, 2019: City Council Study Session
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1279 • December 23, 2019: Formal Application Submitted
• June 8, 2020: the City released the Notice of Preparation of the Draft Environmental Impact Report
• June 22, 2020: Planning Commission NOP Scoping Meeting:
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1049 • November 5, 2021: the City released the Draft Environmental Impact Report (Draft EIR) for the project
• November 20, 2021: Planning Commission Draft Environmental Impact Report Comment Meeting
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1457 • March 17, 2022: Applicant Community Meeting
• March 18, 2022: the City released the Final Environmental Impact Report (Final EIR)
• March 28, 2022: Planning Commission hearing – continued to April 4, 2022
o https://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID= 1483
• April 4, 2022: Planning Commission Hearing to adopt a resolution recommending City Council approval of the proposed project o https://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID= 1860
The project files, including the Draft EIR, Final EIR, Fiscal Impact Analysis and Housing Needs Assessment, are available on the project webpage:
https://www.cityofepa.org/planning/project/university-circle-phase-ii Existing Conditions
The approximately 11.84-acre project site is located at 1900, 1950, 2000 and 2050 University Circle, in the westside area of East Palo Alto. The project site is currently developed with three office buildings, the Four Seasons hotel, a parking garage, surface parking lots and landscaping. A one-level, below-grade parking garage underlies the project site, except for the southern portion where the proposed development would occur. The University Circle site consists of 3 parcels under common ownership that underlie the existing and proposed office buildings (APN 063-680-190, 063-680-020, and 063-680-130) and one parcel that underlies the Four Seasons Hotel (APN 063-680-150), which is under separate ownership. The site is subject to a Settlement Agreement, which expires on December 15, 2023.

The Settlement Agreement and Site History is summarized in Attachment 11 to this staff report.

The adjacent, existing structures have a contemporary design including grey stone and stucco exteriors with flat roofs. The rounded design and muted stone tile and

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glass façade of the existing Four Seasons building and the office buildings located at 1900, 1950, and 2000 University Circle are distinctive in comparison to other commercial buildings in East Palo Alto and provide an identifiable landmark for residents, visitors, and motorists traveling through the City on U.S. 101, University Avenue, and East Bayshore Road. The existing structures are surrounded by paved surface parking lots with landscaping and mature trees. The project vicinity is characterized by a mix of architectural styles and land uses, including single-family residences, commercial retail uses, and low-rise apartment buildings, as shown in Table 2 below.

TABLE 2: Existing Uses Surrounding the Project Site
Direction General Plan Designation Existing Use
North
General Commercial US 101 and 4 story-commercial office Mixed Use High US 101 and Gas Station
South Parks/Recreation/Conservation San Francisquito Creek City of Palo Alto Single-family residential
East High Density Residential 3-story multiple-family residential West High Density Residential 2-story multiple-family residential Urban Residential 3-story multiple-family residential
Neighborhood Commercial Laundromat
An application for a 605-unit mixed-use multiple-family residential project (the Woodland Park Euclid Improvements Project) is located immediately across Manhattan Avenue from the project site, and the Woodland project proposal is also under review by the City at this time.

Project Description
Proposed Building
The proposed project would redevelop the existing 97,659-square-foot landscaped surface parking lot located in the southern portion of the project site with an approximately 180,000-square-foot, six (6)-story office building above three (3) levels of below-grade parking. The ground level of the office building would include an approximately 2,940 square foot community room and 1,000-square-foot patio at the northeast corner of the building.

Vehicular Access and Parking
Vehicular access to the project site would continue to be provided by University Circle, which extends north into the project site from Woodland Avenue and provides access to both surface and below-grade parking. The site’s surface and structured parking currently provide a total of 1,601 parking spaces. 99 surface parking spaces would be removed to accommodate the new office building, and the proposed project would provide 484 vehicular parking spaces within the expanded three-level, below-grade parking garage and 12 surface parking spaces adjacent to

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the community space. The project would replace the existing vehicle downward access ramp from University Circle with a new ramp adjacent to the new office building to serve the expanded below-grade parking garage.

Roadway Improvements
As a community benefit to alleviate traffic congestion, the proposed project would widen Woodland Avenue to add a third left-turn lane on eastbound Woodland Avenue at University Avenue for a total of four eastbound lanes. Under existing conditions, there are two left turn lanes and one through/right turn lane on eastbound Woodland Avenue at the University Avenue intersection. The improvement would require modifications to the curb and sidewalk on the north side of Woodland Avenue adjacent to the project site and on the northeast curb corner of the University Avenue/Woodland Avenue intersection within the existing right-ofway.

Transit, Bike, and Pedestrian Improvements
The applicant granted an easement to the City along the eastern property line from U.S. 101 to Woodland Avenue for development of a planned bike/pedestrian overcrossing and future bike path, construction of which would be funded and completed by the City of East Palo Alto. The City Council accepted the easement dedication at its February 15, 2022, Public Meeting. The future bike path would connect to a planned bicycle/pedestrian bridge across U.S. 101 at the northeast corner of the project site. The City received grant funding to construct the bicycle pedestrian bridge and construction on this improvement will commence later this year.

The project would improve the existing bus stop mid-block on Manhattan Avenue near O’Connor Street. Proposed improvements include a new staircase providing direct access from the site to the bus stop and new landscaping to better screen mechanical equipment along Manhattan Avenue.

Pedestrian access to the project site would be expanded to include a staircase off Manhattan Avenue and two access points off the new University Avenue sidewalk (one adjacent to the northeast corner of 1950 University Circle and the second at the proposed office building plaza). The new access points would provide a direct pedestrian connection through the project site from the Manhattan Avenue near the existing bus stop to the planned bike/pedestrian overcrossing of US 101. The sidewalk on Woodland Avenue would be replaced with a new sidewalk separated from Woodland Avenue by a landscaping strip. A license agreement would allow public access and use of the site’s pedestrian infrastructure so that pedestrians can travel through the project site to reach destinations more directly.

Public Art
The project also envisions installation of public art displays, which would be implemented through a monetary contribution from the project sponsor as part of the Development Agreement. The public art display would be installed adjacent to the community space entrance near the intersection of Woodland Avenue and University Avenue.

Tree Removal and Landscaping

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Fifteen (15) protected trees and one hundred and two (102) non-protected trees (117 total trees) would be removed from the project site to accommodate the proposed structure and site improvements. Sixty (60) replacement trees would be planted within the site. Proposed tree species would include Upright European Hornbean, Red Flowering Crape Myrtles, Alexandrina Saucer Magnolia, Chinese Pistache, Callery Pear, Coast Live Oak, Scarlet Oak, and Southern Live Oak trees.

All replacement trees are proposed to be 24” or 36” box size.

Environmental Review and Ancillary Documents
The City of East Palo Alto is the lead agency for all California Environmental Quality Act (CEQA) activities and is responsible for preparation of all studies/documents associated with environmental review of the Project.

Notice of Preparation and Scoping Meeting
On June 8, 2020, the City published the Notice of Preparation for an EIR for the Project, and a Scoping Meeting was held before the Planning Commission on June 22, 2020.

Notice of Availability
On November 5, 2021, the City issued a Notice of Availability of the Draft Environmental Impact Report (DEIR). Publication of the Notice of Availability began a forty-five (45) day public review period, which concluded on December 20, 2021. During this period, the DEIR was available for review and comment to the community, local, State, federal agencies, and interested organizations.

Draft Environmental Impact Report (DEIR)
This Draft Environmental Impact Report (Draft EIR) was prepared to inform decision makers and the public of the potentially significant environmental effects associated with the implementation of the Project, pursuant to the California Environmental Quality Act (CEQA) of 1970 (California Public Resources Code, Sections 21000, et seq.) and the State CEQA Guidelines (Title 14 California Code of Regulations, Sections 15000, et seq.).

A copy of the DEIR is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/19555/draft_eir_un iversity_circle_phase_ii_11.03.21-web.pdf
Final Environmental Impact Report (FEIR)
Following the conclusion of the public comment period, the City of East Palo Alto prepared a Final EIR in accordance with Section 15132 of the CEQA Guidelines.

Five (5) public comment letters were received from individuals and agencies, including the City of Palo Alto and the San Francisquito Creek Joint Powers Authority. All letters were responded to and incorporated into the Final EIR. The Final EIR was published on March 18, 2022.

A copy of the FEIR is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/19555/ university_circle_phase_ii_feir_03.17.22.pdf

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Mitigation Monitoring and Reporting Plan (MMRP)
The MMRP identifies each potential impact, proposed mitigation measures, and the status of significance following implementation of the measures. Resource areas that require mitigation measures to reduce impacts to less-than-significant include Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, and Transportation. Please see Attachment 5 for the full MMRP.

Ancillary Documents
In addition to the analysis related to CEQA requirements, the City’s review of the Project included the following studies/analysis, which are further described in the Analysis section of this memorandum: Fiscal Impact Analysis and a Housing Needs Assessment.

Economic Impact: Upfront/Annual Obligations and Proposed Community Benefits The development of any construction project results in economic impacts to the surrounding geographic area, therefore developers are required to mitigate these impacts through Impact Fees and project specific mitigations, which are upfront obligations. Further, projects will be subject to annual obligations. A developer may also propose additional improvements or amenities which are considered a community benefit, but these are a complement to the required impact mitigations.

Upfront and annual obligations associated with the development of the project and proposed community benefits are described in detail in the Analysis section of this memorandum.

Public Comment/Community Meetings
The applicant has implemented a robust community outreach plan, including a website and newsletter to regularly communicate with the public. The applicant held ten community meetings prior to submittal of the proposed project application and three additional meetings following application submission. The applicant also has a community e-newsletter and a separate project website which allows the community to provide input on the project and community benefits, from which they’ve received 65 comments. Community feedback focused on improving bicycle and pedestrian infrastructure, improving transportation infrastructure, traffic flow, neighborhood parking issues, and access to commute services, integrating the project site into the community and providing community space, and local job access.

The applicant also maintained communication with the cities of Menlo Park and Palo Alto, as well as the Crescent Park Neighborhood Association, all of which are required to be notified as part of a Settlement Agreement arising out of the existing project.

ANALYSIS
The project as proposed is consistent with the General Plan, the Westside Area Plan, and the East Palo Alto Development Code. Further analysis is provided below.

Development Standards and Land Uses

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The project as designed is generally consistent with the development standards of the Commercial Office (CO) zoning district. Please see Table 3 below to see the project’s compliance with the development standards.

TABLE 3: Development Standards
Standard Required Proposed Complies
General Plan Use Office Office Yes
Zoning C-O - Commercial
Office Zone Office Yes
Minimum Lot Size 5,000 sf minimum 381,150 sf Yes
Floor Area Ratio (FAR) 3 maximum 1.71 Yes
Height
Maximum 8 stories or
100 ft.,
whichever is
greater
6 stories/100 ft Yes
Setbacks None required
Front: 13’ 2” to 46’ 11”
Exterior Side: 70’ 4”
Interior Side: 25’ 3”
Yes
Vehicular Parking 1:300 (551 spaces)
1:416 (397 net spaces
for proposed project)
or
1:389 (1,600 spaces
serving offices sitewide)
Conditional Use
Permit Requested
to Provide Less
Than Code
Requirement
Bicycle Parking
1 per 6,000 sq. ft. (75%
Class I & 25% Class II)
7 short-term
21 long-term
18 short-term
48 long-term Yes
Flood Zone
X (determined to be
outside the 500-year
floodplain)
-- Yes
Open space &
Landscaping
A minimum of 5% of
each project area shall
be dedicated to low
water usage
landscaping with a
minimum of 10 feet of
landscaping between
surface or structured
parking areas and
public streets (4,864 sf)
13,050 sf (13%) Yes
Site Design
The project has been designed to comply with the design standards and guidelines of the Commercial Zones for Office uses, set forth by Municipal Code Chapter 18.14.040, as described below. Please see Attachment 6 for a copy of the architectural drawings submitted for the Project.

The building’s exterior design, forms, and massing draw from the other existing buildings in the University Circle development. The curved facade facing University Avenue draws from the form of the Four Seasons hotel and the existing 1950 University Circle office building and

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would serve as a strong southern entry feature for the City of East Palo Alto. The community room would be located on this façade plane and open out to a 1,000-square-foot outdoor patio.

The building is designed with most of the building’s parking underground, which minimizes the visual impact of the project’s parking areas. Driveways meet or exceed the minimum width, and circulation is provided for both vehicles and pedestrians throughout the site (see sheet A1.3c). As described below, a license agreement would allow public access through the site for the community. A new pedestrian connection to Manhattan Avenue would better integrate the site with the community, and a sign program is required by Condition of Approval (COA) #36 to facilitate community and pedestrian access.

The landscaping plans include planting sixty replacement trees and complete re-landscaping of the project site’s frontage on Manhattan Avenue. The proposed project would be designed to achieve the equivalent of Leadership in Energy and Environmental Design (LEED) Platinum certification and would include the following green building features:
• Bicycle parking spaces
• On-site showers
• Electric vehicle charging stations
• White vinyl rooftop
• LED light fixtures
• Water efficient landscaping with irrigation design
• On-site stormwater management, bioretention swales and permeable paving • Roof top solar panels covering 15 percent of the roof area Low flow indoor water fixtures
• Variable refrigerant flow Heating, Ventilating, and Air Conditioning (HVAC) system General Plan and Westside Area Plan Consistency
Staff has determined the proposed project is consistent with the East Palo Alto General Plan. This project is consistent with Land Use (LU) Policy LU-2.7 and Westside Area Plan (WSAP) Policy 4.6, which specifically envision further intensification of the University Circle site. The project’s pedestrian connectivity improvements and license agreement permitting the public to use those routes (see discussion under Development Agreement and Community Benefits below) further align with WSAP Policy 7.6. The project’s design and underground parking meet WSAP Policy 6.4 and 6.7, and its provision of a community room meets WSAP Policy 8.4. The project also aligns with Economic Development Policies 1.3 and

1.9. The proposed project is consistent with the following General Plan policies and Goals.

TABLE 4: Applicable General Plan Policies
Policy Land Use and Urban Design

1.1 Balanced land uses. Create a balanced land use pattern to support a jobshousing balance, minimize traffic and vehicle miles traveled, reduce greenhouse gas emissions, and promote a broad range of housing choices, retail businesses, employment opportunities, cultural venues, educational institutions and other supportive land uses.

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TABLE 4: Applicable General Plan Policies

1.3 Coherent pattern of land uses. Ensure that new development occurs in a unified and coherent pattern that avoids conflicts between uses and promotes job creation and fiscal stability, creating a high-quality environment for East Palo Alto residents.

2.5 University Avenue. Incentivize new residential, mixed use and commercial development along University Avenue.

2.7 University Circle. Over time, consistent with the planning and legal framework, allow for intensification of the University Circle project to include an additional office or hotel building and incorporate shared or unbundled parking. The City shall negotiate with developers to maximize the potential for acquiring community benefits associated with increased development intensity.

8.1 Gateways. Enhance the image of the community by creating high quality, artistic structural elements that provide city-wide consistency, substantially improving the appearances of entrances to the city along University Avenue, Bay Road, and Newbridge Street.

8.2 High quality construction and architecture. Require high-quality and longlasting building materials on all new development projects in the City.

Encourage innovation and quality architecture for new public and private projects.

9.1 Pedestrian Focus. Design the streetscape of high-volume corridors, including University Avenue, East Bayshore Road, and Pulgas Avenue, to balance regional traffic flow with pedestrian movement and safety and the unique physical environment of the area.

9.2 Parking frontages. Continue to implement parking strategies and standards that ensure parking areas do not dominate street frontages and are screened from public views whenever possible.

9.4 Lighting. Strive for all new gateway features in commercial areas to be pedestrian oriented, attractively designed, compatible in design with other street furniture, and to provide adequate visibility and security.

Policy Economic Development

1.1 Balance costs and revenues. Promote land use composition and development phasing in East Palo Alto that provides a jobs-housing balance or surplus between the generation of public revenues and the cost of providing public facilities/services.

1.3 Attraction of revenue-generating businesses. Target economic development efforts toward attracting sales and use tax-generating businesses to vacant and new developments, including retail stores/services and office/industrialbased businesses.

1.9 Office and R&D businesses. Promote growth of office and R&D businesses that contribute property and sales tax revenues to the City, particularly at the University Avenue and Highway 101 interchange and within the Ravenswood TOD Specific Plan.

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TABLE 4: Applicable General Plan Policies

3.3 Supporting infrastructure and public services. Require new development projects to provide supporting infrastructure and public services that contribute to the overall improvement in quality of life in the City.

Policy Westside Area Plan

4.6 University Circle. Allow the University Circle project to add development over the time horizon of the General Plan so long as it meets the vision for the Westside, is designed to integrate with the adjacent neighborhood, and provides direct and measurable benefits for the City and the residents of the Westside.

6.2 Building quality and character. Improve the quality and aesthetic appeal of existing buildings and housing in the Westside, and encourage high quality architecture, materials, and pedestrian-oriented facades in new construction.

6.4 Building articulation. Use articulation strategies for new development to reduce the visible bulk of buildings, add visual interest, and add pedestrianoriented character detail. These could include massing breaks as well as projections, minor stepbacks, architectural details, and variations in materials to distinguish between upper and ground floors.

6.7 Parking frontage. Whenever possible, locate parking and vehicle areas in the Westside behind or under buildings, and should not be located on street corners.

7.6 University Circle Integration. Seek opportunities to better integrate the University Circle area into the surrounding neighborhoods, including through new street and pedestrian connections, more pedestrian-focused streetscape and façade design, better public access into and across the site, and better crossings of adjacent streets.

8.4 Community Meeting Space. Pursue the following new community meeting spaces in the westside, with at least one space on either side of University Avenue.
• One Small community meeting space (at least 500 square feet) • One Medium-sized community space (at least 1,250 square feet) • One Large community space (at least 5,500 square feet) • Community spaces may be stand-alone independent facilities, or may be incorporated into a larger development, but should provide easily accessible public meeting spaces for a variety of community meetings, educational efforts, civic events, social events, or other neighborhood activities.

9.1 New Street Connections. Should redevelopment occur, establish new street connections across existing large blocks whenever possible, prioritizing connections in the following locations:
[…]
• Into or through University Circle …

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Fire Water Tank
The proposed project would incorporate a 186,000-gallon fire water tank and pump within the below-grade parking garage with capacity to serve the proposed project and offset existing deficiencies in the municipal fire flow for the Westside area.

Sewer District
The East Palo Alto Sanitary District (EPASD) has stated the sanitary sewer conveyance system (e.g., sanitary sewer pipes and pump stations) downstream of the project site does not have capacity to handle flows from additional development. However, the proposed project would not increase water demand at the project site due to water efficiency retrofits of the existing office buildings and, therefore, would not increase wastewater treatment demand.

Therefore, the proposed office project is estimated to not generate wastewater that would require the construction of new wastewater treatment facilities and would not result in a determination by the EPASD that it does not have capacity to serve the proposed project. The applicant will still be required to obtain all required permits including a Will Serve letter from the EPASD prior to the issuance of a building permit.

Design Review Findings
The applicant is requesting a Design Review for the construction of a new six-story office building. The Development Code requires that specific findings be made for a Design Review approval. Section 18.86.050 of the East Palo Alto Municipal Code (EPAMC) establishes the required findings. An analysis to support the findings is provided below.

The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations.

This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office (C-O) zoning district. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City. As described in the Fiscal Impact Analysis, the project would provide job opportunities for residents and diversify the job and economic base of the City. The project is also consistent with the Westside Area Plan, which allows for the University Circle project to add development over time provided that the site is better integrated with the community and that future development provides community benefits. Further, the proposed project meets all applicable provisions of the Development Code and City ordinances and regulations, with the inclusion of a Conditional Use Permit (CUP) for reduced parking.

The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development.

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and Manhattan Avenues. The site is fully served by public services and utilities and would incorporate a 186,000-gallon fire water tank and pump within the below-grade parking garage with capacity to serve the proposed project and offset existing deficiencies in the municipal fire flow for the Westside area. The proposed project was designed to meet all development standards, such as setbacks, height, and lot coverage. The General Plan identifies University Avenue as a major thoroughfare and Woodland and Manhattan Avenues as connector streets, all of which are intended to be main routes to provide access to a variety of uses throughout the City. As noted in the project’s traffic study, the project would be required to make fair share contributions to improve nearby intersection function.

The proposed development complies with the applicable standards of review.

This finding can be made because the project was designed to comply with the Development Code required processes, which includes a Design Review and Conditional Use Permit for reduced parking. The findings can be made for the CUP as described below. The project was designed to meet all requirements of the C-O zoning district, such as setbacks and is below the C-O district’s floor area maximum. A CUP is proposed to allow an exception to the required parking, as allowed under the Development Code provisions.

The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property.

This finding can be made because the project was designed to ensure public health, safety and general welfare. The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately 11.84 acres of land bounded by US 101 to the north, University Avenue to the east, Woodland Avenue to the south, and Manhattan Avenue to the west. A variety of 2-3 story multiple-family uses lie to the east and west of the project site, and San Francisquito Creek and the City of Palo Alto lie to the South. An application for a 605 unit mixed-use multiplefamily residential project (the Woodland Park Euclid Improvements Project) located immediately across Manhattan Avenue from the project site is under review by the City. The proposed office has been designed to be compatible with the C-O zoning district, and mitigation measures identified in the EIR and MMRP prepared for the project are incorporated to avoid potential environmental effects. The project includes appropriate project setbacks, circulation and landscaping, as well as the appropriate screening for loading, parking and mechanical equipment.

Parking Reduction CUP Findings
The Applicant is requesting a reduction to Off-Street Parking Requirements from the 1 space per 300 square foot-requirement set forth by EPAMC Section 18.30.050 Table 3-1 for General Office Uses. Per EPAMC Section 18.30.050 Table 3-1, “Large office projects proposing less parking than required may be allowed to reduce parking with approval of a CUP and a Transportation Demand Management (TDM) plan to reduce impacts at the discretion of the City Council.” Pursuant to Development Code Section 18.30.100 (D), “required off-street parking may be reduced with the approval of a Conditional Use Permit and with all of the following conditions: 1.The applicant has provided sufficient data, including a parking study if required by the Director, to indicate parking demand will be less than the required number of spaces or that other parking is available; and 2.A parking management plan shall be prepared.” For the reasons set forth below, staff concludes the City can

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make the required findings for the CUP and that the Development Code’s additional conditions have been met.

The proposed use is consistent with the General Plan and any applicable specific plan.

This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City.

The proposed use is allowed within the subject zone and complies with all other applicable provisions of the Development Code and the Municipal Code.

The proposed office use is a permitted use within the Commercial Office zoning district. This finding can be made because the project as designed meets all development standards, with the inclusion of a Conditional Use Permit for reduced parking.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity, as detailed in the General Plan or any applicable Specific Plan.

The design, location, size and operation of the proposed office use, inclusive of the Conditional Use Permit for reduced parking, are compatible with the allowed uses in the vicinity because the office use has been designed to meet all development standards. The proposed building meets all setback and floor area requirements, and the site plan increases pedestrian access throughout the site. The project provides sufficient parking supply and extensive landscaping improvements. The project was designed to be compatible with the zoning district and adjacent properties, and the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation
Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

This finding can be made because the proposed office has been designed to be compatible with the C-O zoning district and would be required to receive a building permit. Further, hazards and environmental impacts have been evaluated in the project EIR and mitigated to less-than significant levels via the measures identified in the Mitigation Monitoring and Reporting Program.

The subject site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

This finding can be made because the project site is located in a developed area of the city for a use is allowed in the General Plan and in the Development Code. The

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project site is approximately 11.84 acres in size and is located adjacent to University Avenue, Woodland Avenue, and Manhattan Avenue. The site is fully served by public services and utilities and is fully accessible by city streets. The General Plan identifies University Avenue as a major thoroughfare and Woodland and Manhattan Avenues as connector streets, all of which are intended to be main routes to provide access to a variety of uses throughout the City. As noted in the project’s traffic study, the project would be required to make fair share contributions to improve intersection capacity.

Additional Conditions for Parking Reduction CUP (EPAMC 18.30.100): The applicant has provided sufficient data, including a parking study if required by the Director, to indicate parking demand will be less than the required number of spaces or that other parking is available; and a parking management plan shall be prepared.

The City’s traffic consultant (Hexagon) conducted a parking demand study for the existing office buildings using historical parking count data provided by the applicant to estimate future parking demand on-site with the proposed office building (refer to DEIR Appendix H for additional details). Parking demand for the existing office buildings was determined to be 891 spaces (25.4 percent lower than the parking spaces provided). This demand is attributable to existing TDM measures that have been implemented by the existing University Circle development, which would continue to be implemented with the proposed project.

The following TDM measures are currently implemented for the existing office buildings on-site:
• Free shuttle service to Palo Alto Caltrain Station during commute hours (30- minute headways)
• Free trial Caltrain tickets for new riders
• Free trial SamTrans tickets for new riders
• Bicycle amenities (on-site secure bicycle lockers and on-site bicycle repair stations with tools and air pumps)
• Preferential parking for carpools and vanpools
• Emergency ride home program (pending)
• Carpool ride matching services
• Carpool financial incentives for Scoop users
• Commute coordinator
• Communte.org carpool and vanpool incentives
• Commute.org Guaranteed Ride Home
• 511.org carpool rewards
• 511.org vanpool program
Further, Mitigation Measure TRA-1.1 requires that prior to issuance of grading and/or demolition permits for the project, the project applicant develops an enhanced TDM program, including the following measures:
• Expand University Circle Caltrain shuttle to meet more trains before 7 a.m., between 10 a.m. and 12 p.m., and after 6:30 p.m.,
• Add a University Circle last-mile shuttle connection for Dumbarton Express riders,
• Provide transit subsidies,
• Provide vanpool subsidies, and/or

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• Provide commuter cash allowances.

A TDM Plan meeting the City’s new 40% trip reduction requirement is required by COA 30, and a Parking Management Plan is required by COA 38. Based on parking demand rates for the existing office buildings on-site, the proposed office building would have an estimated parking demand of 349 spaces at full occupancy, bringing the total estimated parking demand for the project site 1,240 parking spaces with implementation of the proposed project. Thus, the proposed parking supply with the project (1,600 spaces) would be adequate to accommodate the peak parking demand that would be generated by all four office buildings.

Per Chapter 10.32 of the EPAMC, if the project’s TDM Plan failed to meet the forty percent (40%) trip reduction target, a penalty fee for the difference between the actual and trip reduction target would be assessed. Additionally, the project would be subject to periodic audits to confirm compliance with the program.

Environmental Review Documents
Environmental Review (CEQA)
CEQA Guidelines Appendix G sets forth a set of questions to answer to evaluate impacts to environmental resource areas. The Draft EIR (Attachment 3) found that all impacts would be mitigated to a less-than-significant level with implementation of the recommended mitigation measures, and no significant and unavoidable impacts would result from the proposed project. Resource areas that require mitigation measures to reduce impacts to less-than-significant include Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, and Transportation, as shown in Table 5 below. Resource areas that are listed as less-than-significant do not require mitigation.

These resource areas and mitigation measures are described in more detail below.

TABLE 5: Resource Area Impact Summary
Less-than-Significant or No
Impact
Less-than-Significant
Impact with Mitigation
Significant and
Unavoidable Impact
Aesthetics Air Quality
None
Agricultural and Forestry Biological Resources
Resources Cultural Resources
Energy Geology and Soils
Greenhouse Gas Emissions Noise
Hazards and Hazardous
Materials Transportation
Hydrology and Water Quality
Land Use
Mineral Resources
Population and Housing
Public Services
Recreation
Tribal Cultural Resources
Utilities And Service Systems
Wildfire

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Air Quality
The project would implement mitigation measures to avoid impacts to air quality relating to construction dust and emissions from construction equipment. Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust. The Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidelines consider these impacts to be less than significant if best management practices, such as watering exposed surfaces, covering loose materials in haul trucks, and limiting vehicle speeds on unpaved surfaces, are implemented to reduce the emissions. A mitigation measure would be implemented that is consistent with recommendations in the BAAQMD CEQA Guidelines for providing best management practices to control construction emissions and would reduce onsite fugitive dust emissions sufficiently to result in a less than significant impact. Construction equipment and associated heavy-duty truck traffic generates diesel exhaust, which is a known Toxic Air Contaminant. Construction exhaust emissions pose health risks for sensitive receptors such as surrounding residents, and without implementation of mitigation measures, the project would exceed BAAQMD thresholds. A mitigation measure would be implemented requiring the applicant to use modernized equipment with engines that significantly reduce emissions of particulate matter (PM) and nitrogen oxides (NOx), which would reduce the impacts to sensitive receptors during project construction to less than significant.

Biological Resources
The project would implement mitigation measures to avoid impacts to nesting migratory birds and reduce the potential for avian collision with the proposed office building. The mitigation measures include conducting construction outside of nesting season or conducting nesting bird surveys, implementing buffer zones around active nests, and reporting results of surveys and required buffer zones prior to tree removal. With incorporation of these measures, the project would result in a less than significant impact to nesting birds. In addition, the project is also required to reduce glazing on the southern façade of the proposed office building and treat all remaining glass on the southern façade with bird safe glazing treatments to reduce the potential for bird collision to a less-than-significant level.

The project proposes removal of 117 trees from the site. Of the 117 trees proposed to be removed, 15 are protected trees. Protected trees are defined by Municipal Code Section

18.28.040(B)(2) as any tree having a main stem or trunk that measures 24 inches or greater in circumference at a height of 40 inches above grade; any tree within a public street or public right-of-way, regardless of size; any tree that was required to be preserved as a condition of a development approval granted by the City; any tree required to be planted as a condition of a development approval granted by the City; and any tree required to be planted as a replacement for an unlawfully removed tree. The proposed project would plant 60 replacement trees on-site consistent with Municipal Code Section 18.28.040. Because the proposed project would meet all applicable tree removal and tree protection guidelines set forth by the City of East Palo Alto, the proposed project would not conflict with any ordinance protecting biological resources and would not result in a significant impact to trees.

Cultural Resources
Ground disturbing activities associated with project construction could disturb previously unrecorded archaeological resources due to the project site’s high sensitivity for Native American archaeological resources. Mitigation measures were developed in consultation with the Tamien Nation and will be implemented to avoid or reduce impacts to archaeological resources and/or human remains that may be present on the site, such as implementation of subsurface borings prior to construction, presence of a qualified archaeologist and Native

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American cultural resources monitor from Tamien Nation during ground disturbance, development of a research design and treatment plan, and work stoppage if resources are discovered. These measures would reduce potential impacts to unrecorded archaeological resources at the site by identifying them prior to construction and developing alternative project designs, or treatment plans to avoid or minimize impacts to resources.

Geology and Soils
No unique paleontological resources or sites or geological features are known to exist at the project site and the likelihood of encountering a unique paleontological resource or geologic feature during project construction activities is low given the depth to sensitive paleontological soils in the project area (i.e., 50 feet) relative to the depth of project disturbance (i.e., 36 feet).

Although unlikely, there is potential that the project could disturb currently unrecorded paleontological resources. To reduce this potential impact to unique paleontological resources to a less-than-significant level, a mitigation measure is included in case a paleontological resource is encountered during grading or excavation that requires stopping construction activities within 50 feet of the find and avoiding the resource or implementing a data recovery plan.

Noise
Noise and vibration from project construction and noise from project operation would be reduced to a less than significant impact with implementation of several mitigation measures.

The City’s standard construction hours are 7 am to 6 pm Monday through Friday and 9 am to 5 pm on Saturdays, with no work allowed on Sundays. Incorporation of a mitigation measure that requires preparation of a construction noise logistics plan, including limiting construction hours, prohibiting construction on Sundays and holidays, requiring mufflers on equipment, and locating noise generating equipment and staging areas away from adjacent land uses, would reduce construction noise impacts on nearby sensitive receptors at nearby residential uses to a less-than-significant level. Additional limitations would be put on haul and truck deliveries that take place between 7 pm and 10 pm.

To address operational noise from mechanical equipment, the EIR requires incorporation of a mitigation measure that requires the applicant to select and design mechanical equipment under supervision of a qualified acoustical consultant to reduce impacts on surrounding uses and meet the City’s exterior and interior noise level requirements. Implementation of this mitigation measure would reduce operational mechanical equipment noise impacts on nearby sensitive receptors to a less-than-significant level. In addition, the applicant is required to implement a mitigation measure to reduce vibration from construction activities, including limiting vibration-inducing equipment and prohibiting use of vibration-generating equipment within 20 feet of existing on-site buildings.

Transportation
The project’s Vehicle Miles Traveled (VMT) would be 13.2 percent below the citywide average home-based work trip VMT, exceeding the City’s threshold of 15 percent below the citywide average home-based work trip VMT. The applicant is required to implement measures to reduce project generated VMT to below the City’s threshold of 15 percent below the citywide average home-based work trip VMT per employee by submitting an enhanced TDM program which includes expanding University Circle Caltrain shuttle services to meet more trains before 7 a.m., between 10 a.m. and 12 p.m., and after 6:30 p.m., adding a University Circle last-mile shuttle connection for Dumbarton Express riders, and providing transit subsidies, vanpool subsidies, and/or commuter cash allowances. With implementation of these additional

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enhanced TDM measures and the proposed multimodal improvements that are part of the proposed project, project generated VMT would be reduced to 15 percent below the citywide average home-based work trip VMT per employee. In addition, the project would be subject to the City’s transportation demand management (TDM) ordinance (EPAMC Chapter 10.32) requires nonresidential developments approved after January 1, 2022, to achieve a 40 percent reduction in daily vehicle trips from baseline conditions.

Final EIR
The Final EIR was published on March 18, 2022. The City received five comments during the Draft EIR’s 45-day public review period, including two from individuals and three from agencies. The comments centered on the following topics:
• potential ground and ground water contamination
• cumulative projects
• dewatering
• diesel generators
• noise and vibration
• air quality sensitive receptors
• water supply
• fire water tank operation and construction
• geotechnical report
• operational and construction light and glare
• traffic and transportation
• community input on project design and use and jobs for local residents • use of space for antiracist organizing
All comments were responded to in the Final EIR (see Attachment 4) and clarifying text revisions were made where necessary.

Traffic
With the passage of SB 743 amending CEQA’s evaluation of transportation impacts effective July 1, 2020, and the Guidelines implementing SB 743, a project’s effects on intersection function (referred to as level of service or LOS) is no longer considered an impact on the environment. However, the City of East Palo Alto has policies that address LOS as a planning or growth management matter, separate from the CEQA process. In the event a deficient LOS condition is identified, the City has discretion whether to require a project to address the deficiency by implementing roadway or other transportation improvements in order to restore or improve the LOS. The City’s consultant conducted a traffic analysis to determine intersection deficiency, which estimated the project would generate an additional 1,315 new daily vehicle trips, with 157 trips (135 inbound and 22 outbound) occurring during the a.m. peak hour and 155 trips (25 inbound and 130 outbound) occurring during the p.m. peak hour.

The traffic analysis showed the project would not cause any adverse effect at any study freeway segments, which included US 101 between Whipple Avenue and Embarcadero Road; US 101 between Embarcadero Road and San Antonio; US 100 between San Antonio Road and Rengstorff Avenue, and SR 84 at Dumbarton Bridge.

Traffic conditions at 13 intersections in the project area were evaluated using LOS and compared to the City of East Palo Alto and the City of Menlo Park LOS standards. Of the 13 study intersections, 10 currently operate with LOS deficiencies, and the project would have an adverse effect on the following eight intersections during one or both peak hours under

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“existing plus project” conditions:
• Euclid Avenue and Donohoe Street/East Bayshore Road – a.m. peak hour • US 101 Northbound on-ramp/University Plaza Phase II driveway and Donohoe Street – a.m. peak hour
• University Avenue and Donohoe Street – a.m. peak hour • US 101 Northbound Off-Ramp/University Plaza Phase I driveway and Donohoe Street – a.m. peak hour
• East Bayshore Road and Donohoe Street – a.m. peak hour • University Avenue and US 101 Southbound ramps – p.m. peak hour • University Circle and Woodland Avenue – p.m. peak hour • Manhattan Avenue and Woodland Avenue – p.m. peak hour Improvements would be required to further reduce the project’s adverse effects on the above study intersections. The applicant will be required to contribute to funding to these improvements via a reimbursement agreement for improvements being implemented at the Donohoe Street/Euclid Avenue intersection and the US 101 Northbound on-ramp as part of the University Plaza Phase II development. As for the Donohoe Street improvements at University Avenue, at the US 101 northbound off ramp, and at Cooley Avenue, the project would be responsible for reimbursing the City of East Palo Alto for a portion of the cost of improvements based on a fair share formula based on the number of trips added by the University Circle Phase II project.

Transportation Demand Management Plan
On June 1, 2021, City Council adopted a resolution to repeal the existing Chapter

10.32 of the East Palo Alto Municipal Code and enact a new Chapter 10.32 establishing a transportation demand management (TDM) program. The new TDM provisions require nonresidential developments approved after January 1, 2022, to achieve a 40 percent reduction in daily vehicle trips and existing developments with 100 or more employees to submit TDM plans that demonstrate how the worksite will achieve a 40 percent reduction in average daily trips. The proposed project would be subject to the new TDM requirements. To minimize traffic impacts, the Applicant is committed to planning and implementing a transportation demand management (TDM) program to encourage the use of public transportation and carpooling at its office site in East Palo Alto. COA #30 summarizes the TDM requirement for this project.

Mitigation Monitoring and Reporting Program (MMRP)
CEQA requires that agencies adopting EIRs and Mitigated Negative Declarations (MNDs) take affirmative steps to determine that approved mitigation measures are implemented subsequent to Project approval. Effective January 1, 1989, CEQA was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA (state- mandated) environmental review procedures, Section 21081.6 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficacy of any mitigation measures applied to a proposed project.

Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as COAs.

The program must be designedto ensure compliance during project implementation.

As stated in Public Resources Code, Section 21081.6 (a) (1):

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“The public agency shall adopt a reporting or monitoring program for the changesmade to the project or conditions of project approval, adopted in order to mitigateor avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reportingor monitoring program.”
The MMRP identifies 16 mitigation measures related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise and Transportation.

Implementation of the MMRP will be monitored by City staff to ensure the potential impacts of the implementation of the Project is reduced in accordance with CEQA.

Economic Impact: Upfront/Annual Obligations
Upfront Obligations Associated with Development of the Project The Project will be required to pay all related Development Impact Fees, as shown in Table 6.

Many of these Fees are paid directly to the City of East Palo Alto, but there are other impact fees (such as School Impact Fees) that are paid directly to other taxing entities.

TABLE 6: Estimated Development Impact Fees for the Project Fee Category Estimated Fee
Commercial Linkage Fee $2,116,800
Parks/Trails $217,800
Public Facilities $378,000
Storm Drainage $26,161
Transportation Impact Fee $1,382,400
Intersection Improvement Fair Share
Contribution
$317,460
Total Local Impact Fees $4,438,621
Annual Obligations
As described in the City’s Fiscal Impact Report (Attachment 7) upon Project completion,the Project is anticipated to pay the following annual obligations to the City of East Palo Alto:

TABLE 7: Estimated Annual Obligations for the Project
Description Estimated Value
General Fund Annual Revenue $805,333
Sales Tax $12,851

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Property Tax $483,212
Property Tax ILVLF1 $207,248
Utility User Tax $11,078
Business License Fees $81,000
Other $10,044
Measure HH $450,000
Total $1,255,333
Notes: 1. property tax in lieu of vehicle license fees
Fiscal Impact Analysis
The Fiscal Impact Report prepared by the City’s consultant BAE Urban Economics (BAE) concludes the proposed Project is projected to have a positive net impact on the City of East Palo Alto’s General Fund, resulting in an estimated $649,900 in annual General Fund revenues in excess of the estimated annual General Fund expenditures required for the City to provide services to theproject, plus approximately $450,000 per year in Measure HH revenue for affordable housing programs and programs that facilitate job opportunities for East Palo Alto residents, due to a parcel tax approved by East Palo Alto voters in 2018. See Attachment 7 for the Fiscal Impact Report.

Future employment opportunities at University Circle Phase II would generally require work experience and levels of formal education inconsistent with the experience and levels of formal education most common among the City’s residents. The employment opportunities the Project will offer will likely include a large share of jobs that require a bachelor’s degree or higher. While these findings suggest most employment opportunities offered by the Project would be inaccessible to many East Palo Alto residents, the Project likely would provide some employment opportunities for East Palo Alto residents. A portion of East Palo Alto residents already have the industry, occupation, and education background that jobs in the Project are likely to require, while other residents may pursue higher levels of education and job training and change industries or occupations.

Housing Needs Assessment
BAE also prepared a Housing Needs and Displacement Assessment for the Project.

The Assessment presented inthis report provides an estimate of the need for housing that the Project will generate as a result of workers employed at the Project, as well as the estimated housing need generated by the indirect and induced employment associated with the Project. The Assessment also provides an evaluation of the potential for the Project to lead to the displacement of existing households. Overall, the analysis found that the Project is unlikely to have an impact on theregional housing market and displacement pressures. See Attachment 8 for the Housing Needs Assessment.

Overviews of the findings from the analysis are as follows:
• The Project would support a small increase in the number of jobs in East

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Palo Alto.
• Due to the regional nature of the housing market, the Project is unlikely to have any measurable impact on displacement pressures in East Palo Alto. • While existing and planned residential units in East Palo Alto and Menlo Park can potentially accommodate the housing need the Project would generate in these cities, these existing and planned units may be needed to address current housing needs.
• The Project is unlikely to have a perceptible impact on the regional housing supply or regional jobs-housing balance.
• Because the Project would have a minimal effect on the regional housing supply and jobs-housing balance, it is unlikely to have an impact on displacement on a regional scale.
• Though the Project is unlikely to have a noticeable impact on the local or regional housing market, housing affordability and displacement remain a key issue locally and throughout the region and addressing the incremental impact of the Project and other projects that generate new housing demand will be essential to addressing cumulative housing needs and mitigating displacement pressures over the long term.
• The Project would directly generate revenue that would enable the City of East Palo Alto to partially address the affordable housing need attributable to the Project.
• There is a continued need for the City of East Palo Alto and cities and counties throughout the region to explore policies to prevent displacement and address housing needs at all income levels.

Development Agreement and Community Benefits
The application for the proposed project also includes a Development Agreement (Attachment 9). The Development Agreement process is regulated by EPAMC Chapter 18.108. A Development Agreement is a voluntary contract between a local jurisdiction and property owner that details obligations of both parties, specifies standards and conditions that will govern development of property, locks in current City land use regulations for a set time, and can be used to negotiate community benefits. The Development Agreement, as proposed, is for a term of seven years, with automatic extension of five years if the applicant submits a complete application for a building permit; it also outlines the project’s Community Benefits.

Community Benefits are added value that a developer provides to the City beyond what is required by the master fee schedule and City Codes, plans, and regulations. Consistent with General Plan Policy 2.7, which specifically calls on the City to negotiate with developers seeking to increase in development intensity at University Circle to maximize the potential for acquiring community benefits, the Applicant has proposed material and beneficial Community Benefits discussed in Table 8 below that have incorporated into the Development Agreement.

TABLE 8: Proposed Community Benefits
Item Description

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TABLE 8: Proposed Community Benefits
Item Description
Community
Function
Space
The applicant will pay for, construct, and maintain an approximately 2,800 square-foot Community Function Space with additional outdoor patio of approximately 1,000 square feet as a multi-use space appropriate for City functions or events, and community groups to use for meetings, events, educational purposes, cultural celebrations, and similar gatherings. The Community Function Space shall be built out to include: finished flooring, drop down or open concept ceilings, bathroom for the exclusive use of guests of the community room, audio and visual equipment, furniture, fixtures and equipment, and other decorations appropriate for the purpose of the space. The Community Function Space will be available for use by the community and City between the hours of 8am and 10pm free of charge and community users will have priority status to reserve the space over building tenants when reservations are made more than 10 days in advance of the use of the community room.

Public Art At grading permit issuance, the applicant will make a payment of $75,000 for the installation of public art, including a mural and sculptures at entry point to the community function space patio along University Avenue.

The City shall allocate this funding to a local 501(c)(3) non-profit organization.

Public Access
License
Agreement
The applicant will allow and provide public pedestrian access through the University Circle property through a license agreement with the City.

Staircase
improvements
The applicant will install a new staircase providing direct access from Manhattan Avenue to the Property as shown in the plan.

Security
Camera
The applicant will provide funds for a security camera that will be located on the project property facing the U.S. 101 pedestrian overcrossing to be maintained and operated by the City.

Woodland
Avenue
intersection
improvements
The applicant will widen Woodland Avenue to add a third left-turn lane on eastbound Woodland Avenue at University Avenue for a total of four eastbound lanes, as shown in the approved Project plans.

Bus Stop
Improvements
Improvements to the existing bus stop mid-block on Manhattan Avenue near O’Connor Street, as shown in the approved plans, including a new bus shelter and landscaping improvements.

Manhattan
Avenue
Landscaping
Improvements
The applicant will install landscape improvements along University Circle’s Manhattan Avenue frontage.

Temporary
Overflow
Parking
The applicant will provide a minimum of forty-six (46) overflow parking spaces for residents of the Westside until the Certificate of Occupancy is issued for the Woodland Park Euclid improvement project.

In addition, prior to consideration of this project by the Planning Commission and City Council, the applicant granted an easement to the City for construction of a new Bicycle/Pedestrian overcrossing of US 101 at University Avenue and a future bike path. The City Council accepted the easement dedication at its February 15, 2022 Public Meeting.

Public Access License Agreement

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As part of the Development Agreement, the Applicant has agreed to enter into a Pedestrian Access License Agreement (Attachment 10) with the City to permit the public to traverse the University Circle site. The granting of this access is aligned with Westside Area Plan Policies 4.6 and 7.6, both of which call for better integration of the University Circle site with the adjacent neighborhoods.

The License Agreement sets forth the routes that the public can use to navigate through the site and sets limitations and conditions upon that use. Pedestrians would be able to walk through the site to more directly reach their destinations between 5 am and 10 pm. Conditions upon that access include that pedestrians may not obstruct the property or interfere with operations of businesses, bicycles, scooters, and skateboards must be walked, and staying on the property after hours is also prohibited.

Development Agreement Findings
Section 18.108.030(D) sets forth required findings for approval of a development agreement. Support of these findings is provided below.

The development agreement is in the best interests of the City.

This finding can be made because the development agreement includes significant community benefits with a term length of seven to twelve years (dependent on if an automatic extension is invoked). The community benefits are consistent with Westside Area Plan Policy 7.6, which calls for integrating University Circle into surrounding neighborhoods and Westside Area Plan Policy 8.4, which calls for new community meeting spaces. The community benefits outlined in the development agreement focus on enhancing pedestrian connectivity and access throughout the University Site through physical improvements, such as the Manhattan Avenue staircase, and through a license agreement which would provide the public with the right to traverse the site.

The community function space would increase community meeting space on the Westside.

The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and the Development Code.

This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office zoning district. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City. As described in the Fiscal Impact Analysis, the project would provide job opportunities for residents and diversify the job and economic base of the City. Further, the proposed project meets all applicable provisions of the Development Code and City ordinances and regulations, with the inclusion of a Conditional Use Permit for reduced parking.

The development agreement will promote the public convenience, health, interest, safety and general welfare of the City.

This finding can be made because the project was designed to ensure public health, safety and general welfare. The project site, 1900, 1950, 2000 and

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2050 University Circle, comprises approximately 11.84 acres of land bounded by US 101 to the north, University Avenue to the east, Woodland Avenue to the south, and Manhattan Avenue to the west. A variety of 2-3 story multiple-family uses lie to the east and west of the project site, and San Francisquito Creek and the City of Palo Alto lie to the South. The project includes appropriate project setbacks, circulation, and landscaping. The proposed office has been designed to be compatible with the C-O zoning district, and mitigation measures identified in the EIR and MMRP prepared for the project are incorporated to avoid potential environmental effects related to public health and safety.

The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located.

This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office zoning district. The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately 11.84 acres of land and is occupied with 3 existing office buildings and a hotel. Therefore, the proposed office building will be compatible with the other authorized office uses in the University Circle complex and in the C-O Zone.

The project will not adversely affect the orderly development of property or the preservation of property values.

This finding can be made as the project is consistent with both the General Plan and the Development Code, which plan for and regulate the development of property and set forth property value expectations. The General Plan provides a comprehensive framework for the physical development of the city through 2035 and highlights the University Circle site as one of the primary areas within the city suitable for future office development. Further, the General Plan includes specific policies to direct future development at the University Circle site. Land Use Policy 2.7, University Circle, for example, calls for intensification of either office or hotel uses at the site consistent with the established planning and legal framework.

The project will further important Citywide goals and policies that have been officially recognized by the Council.

This finding can be made because the proposed project is consistent with General Plan Economic Development Goal ED-1 to grow and stabilize revenuegenerating land uses and tools to diversify and expand the City’s tax revenue base and provide jobs for local residents. As described in the project’s Fiscal Impact Assessment, the project would have a positive net impact on the City of East Palo Alto’s General Fund. The project will also provide community benefits specifically identified in the General Plan and Westside Area Plan. General Plan Policy 7.6 calls for integrating University Circle into surrounding neighborhoods and General Plan Policy 8.4 calls for new community meeting spaces. The project’s community benefits are specifically consistent with those policies.

The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of

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approval.

This finding can be made because the proposed project will provide important and tangible benefits including a community function space, public art, public access through the site through a license agreement and supporting pedestrian connectivity improvements, intersection improvements at Woodland Avenue, bus stop and landscaping improvements along Manhattan Avenue, and temporary parking for neighboring residents to alleviate street parking shortages.

PLANNING COMMISSION SUMMARY
At their April 4, 2022, Special Meeting, the Planning Commission adopted a resolution (Attachment 12) as amended by Planning Commission during the Public Hearing, recommending approval of the project, including the following recommendations to the City Council:

1. Certify that the Final Environmental Impact Report (FEIR) has been done in compliance with the California Environmental Quality Act (CEQA);

2. Adopt a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000);

3. Direct the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section 15075 of the CEQA Guidelines.

4. Approve the Design Review Permit (DR19-019) and Conditional Use Permit (CUP22-001) based on the findings, requirements and conditions of approval which are Attachments to the resolutions and incorporated by reference; and

5. Approve the Proposed Development Agreement for the University Circle Phase II project

6. Apply the City’s standard construction hours to the project and deny the request for a construction hours exception.

The item was continued to April 4th from the March 28th Regular Planning Commission Meeting. A recording of the meeting, as well as the staff report and attachments, is available here:
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1860 The Commission voted (4-1) to adopt the resolution recommending approval of the project Spanish translation was provided at the Planning Commission hearings.

Planning Commission review and discussion focused on the following topics:

Construction Impacts. The Planning Commission expressed concern for the residential land uses adjacent to the project site during the project’s construction period and asked for clarification on how mitigation measures to ensure dust control and noise reduction are enforced throughout proposed project construction.
• Staff Response: Mitigation measures are enforced through the project’s

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Mitigation, Monitoring, and Reporting Program, which assigns timing and responsibility for implementing mitigation measures. Monitoring of compliance with noise and air quality mitigation measures is required at issuance of discrete permits and on an as-needed basis during construction.

Construction Hours. The Planning Commission recommended that the City’s standard construction hours apply to the proposed project and that a request for extended hours be denied.
• Staff Response: Staff has worked with the project sponsor to clarify and restrict construction activities within the City’s standard construction hours (7 am to 6 pm weekdays and 9 to 5 pm Saturdays), and to even further limit operation of heavy equipment to occur between 7 am and 4 pm on weekdays and between 9 am and 4 pm on Saturdays (see added COA #18). Haul truck trips, which are not considered to be construction activities per the definitions in the City’s Municipal Code (EPAMC Section 8.52.050), would be required to occur during off-peak traffic hours, and could occur between 7 pm and 10 pm, but would be limited to two trips per hour with a prohibition on the use of Manhattan Avenue as a route per Mitigation Measure NOI-1.1/COA 51.

Community Benefits. The Planning Commission reviewed and acknowledged the Community Benefits provided by the project through the Development Agreement. The Commission requested more information on how security cameras constitute a community benefit.
• Staff Response: Staff clarified that the security camera, to be operated by the City, would be placed to overlook the future US 101 bicycle pedestrian overcrossing and was requested by the City for law enforcement purposes due to crime in similar overcrossing locations.

Tree Removal. The Planning Commission discussed the project’s tree removal and the need for trees within the City of East Palo Alto for public and community health purposes. The Commission also considered increasing the minimum size for replacement trees for a percentage of the replacement trees to a minimum of 36-inch box size, but ultimately did not move forward with that recommendation.
• Staff Response: The project would remove a total of 117 trees, but only 12 of these trees are protected. The project proposes replacement of these 12 protected trees with 60 replacement trees, which range in size from 24-inch box size to 36-inch box size, for enhanced landscaping throughout the site. Council may consider adding a condition of approval increasing the minimum size of replacement trees or requiring a fee for off-site planting if desired.

Public Comment. Staff received two comments from agencies prior to the Planning Commission Meeting, as summarized below and included in Attachment 13:
• City of Palo Alto. The City of Palo Alto provided a comment letter regarding construction noise, traffic, and Final EIR clarifications, as described in Attachment 13. Staff has implemented edits to conditions of approval to address some of these concerns, including COA 17, which

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prohibits pile-driving, COA 18, which clarifies which construction activities can take place during what hours, and COA 19, which allows the City to implement construction noise monitoring if needed. • PG&E. PG&E provided a comment letter noting that retaining walls and stairway improvements were located over a public utility easement that would impede their ability to maintain infrastructure. Staff has added COA 78 which requires the applicant to receive authorization from PG&E prior to conducting any work in the area.

NEXT STEPS
Should City Council choose to proceed with the recommended motion, the Ordinance approving the Development Agreement will return to Council for a second reading at a following City Council Meeting.

Public Notice
Notice of the public hearing (with Spanish translation) was mailed to property owners and occupants within 600-foot radius of the subject site on April 22, 2022. A legal ad was placed in the local newspaper and published on April 22, 2022. The public was provided notice of this agenda on the City’s official bulletin board outside City Hall, and the agenda and report were made available on the City’s website.

In addition, notices were also mailed to state, local and regional agencies and posted at the project site. Active non-profits and religious institutions in the Westside area and other interested parties were also mailed or emailed the meeting notice and Final EIR. The applicant also conducted further public outreach and noticing, including a mailing to the Westside neighborhood.

Attachments

1. Resolution, Required Findings and Conditions of Approval

2. CEQA Findings of Fact

3. Draft EIR

4. Final EIR

5. Mitigation, Monitoring, and Reporting Program

6. Architectural Plans

7. Fiscal Impact Analysis

8. Housing Needs Assessment

9. Ordinance Approving Development Agreement

10.License Agreement

11.Project Site and Settlement Agreement Background

12.Planning Commission Resolution

13.Public Comment

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RESOLUTION NO. CC 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR); ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN (MMRP); DIRECTING THE

COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR TO FILE A NOTICE OF DETERMINATION; APPROVING A DESIGN REVIEW PERMIT AND CONDITIONAL USE PERMIT FOR AN OFFICE PROJECT AT 1900-2050 UNIVERSITY AVENUE (UNIVERSITY CIRCLE PHASE II) AND APPROVING A PEDESTRIAN LICENSE AGREEMENT.

WHEREAS, the application for Design Review Permit (DR19-019) and Conditional Use Permit (CUP22-001) submitted by Seven Bridges Properties (“Seven Bridges”) pertains to an approximately 11.84-acre project site generally located at 1900-2050 University Circle, East Palo Alto, CA; and
WHEREAS, Seven Bridges proposes construction of a commercial building containing approximately 180,000 square feet of office space, a six-story structure with approximately 484 parking spaces in a below grade garage and 12 new surface parking spaces, and approximately 2,940 square feet of community function space; and
WHEREAS, on November 5, 2021, the City issued a Notice of Availability of the Draft Environmental Impact Report (DEIR) and received five comment letters during the 45-day public comment period which ended on December 20, 2021; and WHEREAS, a Final Environmental Impact Report (FEIR) has been prepared in accordance with Section 15132 of the California Environmental Quality Act (CEQA) Guidelines and the Planning Commission has reviewed the FEIR and the comments received during the public review period; and
WHEREAS, in accordance with Section 15090 of the CEQA Guidelines, the FEIR has been presented to the decision-making body and the document reflects the lead agency’s independent judgment and analysis; and WHEREAS, General Plan Land Use Element Goal 2 encourages the City to revitalize the City’s non-residential areas to diversify the tax base and improve the jobs-housing balance; and
WHEREAS, General Plan Land Use Element Goal 2.1 allows for the intensification of the University Circle project to include additional office space; and WHEREAS, the project is consistent with the development standards and permitted uses in the City’s Municipal Code; and
WHEREAS, Section 65864 et. seq. of the California Government Code and Chapter 18.108 of the East Palo Alto Municipal Code authorize the City to enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of that property; and

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Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) WHEREAS, the ordinance for a Development Agreement is being presented to City Council concurrently;
WHEREAS, on March 28, 2022, the Planning Commission held a duly noticed public hearing on the Design Review (DR 19-019) and Conditional Use (CUP22-001) Permits, Environmental Impact Report (EIR), and other project entitlements (“Project”) and continued the matter to April 4, 2022; and
WHEREAS, on April 4, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended the City Council approve the project by Resolution #____; and
WHEREAS, on May 3, 2022, the City Council held a duly noticed public hearing on the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO THAT IT:

1. Approves the Design Review Permit (DR19-019) and Conditional Use Permit (CUP22- 001) based on the findings, requirements and conditions of approval (Attachment A) incorporated by reference; and

2. Certifies that the University Circle Phase II Final Environmental Impact Report (SCH# 2020060144) on file with the City Clerk has been prepared in compliancewith the California Environmental Quality Act (CEQA);

3. Adopts a Mitigation, Monitoring and Reporting Plan (Attachment B) pursuant to Public Resources Code 21000 and the CEQAGuidelines (California Code of Regulations, Title 14, Section 15000);

4. Directs the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section15075 of the CEQA Guidelines;

5. Authorizes the City Manager to execute a Pedestrian Access License Agreement (Attachment C) for the University Circle Site.

ADOPTED on this 3rd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:

SIGNED:

Ruben Abrica, Mayor

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Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) ATTEST: APPROVED AS TO FORM
:

James Colin
Acting City Clerk
Valerie J. Armento
Interim City Attorney

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Packet Pg. 100 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) ATTACHMENT A: REQUIRED FINDINGS AND CONDITIONS OF APPROVAL

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Packet Pg. 101 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

CITY OF EAST PALO ALTO PLANNING DIVISION
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303

FINDINGS OF FACT
Required Findings for Approval.

The Review Authority may approve, conditionally approve, or deny the Conditional Use Permit, Site Plan and Design Review, and Development Agreement applications only after firstmaking all of the following findings.

Site Plan and Design Review Findings (EPAMC Sec. 10.86.050) The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations;
This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office (C-O) zoning district. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City. As described in the Fiscal Impact Analysis, the project would provide job opportunities for residents and diversify the job and economic base of the City. The project is also consistent with the Westside Area Plan, which allows the University Circle project to add development over time provided the site is better integrated with the community and that future development provides community benefits. Further, the proposed project meets all applicable provisions of the Development Code and City ordinances and regulations, with the inclusion of a Conditional Use Permit (CUP) for reduced parking.

The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development; This finding can be made because the project site is located in a developed area of the city for a use allowed in the General Plan and in the Development Code. The project site is approximately 11.84 acres in size and is fully accessible by city streets including Woodland and Manhattan Avenues. The site is fully served by public services and utilities and would incorporate a 186,000-gallon fire water tank and pump within the below-grade parking garage with capacity to serve the proposed project and offset existing deficiencies in the municipal fire flow for the Westside area. The proposed project was designed to meet all development standards, such as setbacks, height, and lot coverage. The General Plan identifies University Avenue as a major thoroughfare and Woodland and Manhattan Avenues as connector streets, all of which are intended to be main routes to provide access to a variety of uses throughout the City. As noted in the project’s traffic study, the project would be required to make fair share contributions to improve nearby intersection function.

The proposed development complies with the applicable standards of review; This finding can be made because the project was designed to comply with the Development Code required processes, which includes a Design Review and Conditional Use Permit (CUP) for reduced parking. The findings can be made for the CUP as described below. The project was designed to meet all requirements of the C-O zoning district, such as setbacks and is below the C-O district’s floor area maximum. A CUP is proposed to allow an exception to the required parking, as allowed under the Development Code provisions.

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Packet Pg. 102 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property
This finding can be made because the project was designed to ensure public health, safety and general welfare. The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately 11.84 acres of land bounded by US 101 to the north, University Avenue to the east, Woodland Avenue to the south, and Manhattan Avenue to the west. A variety of 2-3 story multiplefamily uses lie to the east and west of the project site, and San Francisquito Creek and the City of Palo Alto lie to the South. An application for a 605-unit mixed-use multiple-family residential project (the Woodland Park Euclid Improvements Project) located immediately across Manhattan Avenue from the project site is under review by the City. The proposed office has been designed to be compatible with the C-O zoning district, and mitigation measures identified in the EIR and Mitigation Monitoring and Reporting Program prepared for the project are incorporated to avoid potential environmental effects. The project includes appropriate project setbacks, circulation and landscaping, as well as the appropriate screening for loading, parking and mechanical equipment.

Parking Reduction CUP Findings (EPAMC Sec. 18.88.060)
The proposed use is consistent with the General Plan and any applicable specific plan; This finding can be made because the proposed office use is permitted in the General Plan’s Office Land Use Designation. The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City.

The proposed use is allowed within the subject zone and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed office use is a permitted use within the Commercial Office zoning district. This finding can be made because the project as designed meets all development standards, with the inclusion of a Conditional Use Permit for reduced parking.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity, as detailed in the General Plan or any applicable Specific Plan;
The design, location, size and operation of the proposed office use, inclusive of the Conditional Use Permit for reduced parking, are compatible with the allowed uses in the vicinity because the office use has been designed to meet all development standards. The proposed building meets all setback and floor area requirements, and the site plan increases pedestrian access throughout the site. The project provides sufficient parking supply and extensive landscaping improvements. The project was designed to be compatible with the zoning district and adjacent properties, and the proposed office use is permitted in the General Plan’s Office Land Use Designation
Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and This finding can be made because the proposed office has been designed to be compatible with the C-O zoning district and would be required to receive a building permit. Further, hazards and environmental impacts have been evaluated in the project EIR and mitigated to less-than significant levels via the measures identified in the Mitigation Monitoring and Reporting Program.

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Packet Pg. 103 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) The subject site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

This finding can be made because the project site is located in a developed area of the city for a use that is allowed in the General Plan and in the Development Code. The project site is approximately 11.84 acres in size and is located adjacent to University Avenue, Woodland Avenue, and Manhattan Avenue. The site is fully served by public services and utilities and is fully accessible by city streets. The General Plan identifies University Avenue as a major thoroughfare and Woodland and Manhattan Avenues as connector streets, all of which are intended to be main routes to provide access to a variety of uses throughout the City. As noted in the project’s traffic study, the project would be required to make fair share contributions to improve intersection capacity.

The following TDM measures are currently implemented for the existing office buildings on-site:
• Free shuttle service to Palo Alto Caltrain Station during commute hours (30-minute headways)
• Free trial Caltrain tickets for new riders
• Free trial SamTrans tickets for new riders
• Bicycle amenities (on-site secure bicycle lockers and on-site bicycle repair stations with tools and air pumps)
• Preferential parking for carpools and vanpools
• Emergency ride home program (pending)
• Carpool ride matching services
• Carpool financial incentives for Scoop users
• Commute coordinator
• Communte.org carpool and vanpool incentives
• Commute.org Guaranteed Ride Home
• 511.org carpool rewards
• 511.org vanpool program
Further, Mitigation Measure TRA-1.1 requires that prior to issuance of grading and/or demolition permits for the project, the project applicant develops an enhanced TDM program, including the following measures:
• Expand University Circle Caltrain shuttle to meet more trains before 7 a.m., between 10 a.m. and 12 p.m., and after 6:30 p.m.,
• Add a University Circle last-mile shuttle connection for Dumbarton Express riders, • Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

8.1.a
Packet Pg. 104 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) A TDM Plan meeting the City’s new 40% trip reduction requirement is required by COA 30, and a Parking Management Plan is required by COA 38. Based on parking demand rates for the existing office buildings on-site, the proposed office building would have an estimated parking demand of 349 spaces at full occupancy, bringing the total estimated parking demand for the project site 1,240 parking spaces with implementation of the proposed project. Thus, the proposed parking supply with the project (1,600 spaces) would be adequate to accommodate the peak parking demand that would be generated by all four office buildings. Per Chapter 10.32 of the EPAMC, if the project’s TDM Plan failed to meet the forty percent (40%) trip reduction target, a penalty fee for the difference between the actual and trip reduction target would be assessed.

Additionally, the project would be subject to periodic audits to confirm compliance with the program.

Development Agreement Findings (EPAMC Sec. 18.108.030)
The development agreement is in the best interests of the City; This finding can be made because the development agreement includes significant community benefits with a term length of seven to twelve years (dependent on if an automatic extension is invoked). The community benefits are consistent with Westside Area Plan Policy 7.6, which calls for integrating University Circle into surrounding neighborhoods and Westside Area Plan Policy 8.4, which calls for new community meeting spaces. The community benefits outlined in the development agreement focus on enhancing pedestrian connectivity and access throughout the University Site through physical improvements, such as the Manhattan Avenue staircase, and through a license agreement which would provide the public with the right to traverse the site. The community function space would increase community meeting space on the Westside.

The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and the Development Code;
This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office zoning district.

The purpose of the Office designation is to diversify the job and economic base of the City of East Palo Alto and to provide the opportunity for more residents to work in the City. As described in the Fiscal Impact Analysis, the project would provide job opportunities for residents and diversify the job and economic base of the City. The project is also consistent with the Westside Area Plan, which allows for the University Circle project to add development over time provided that the site is better integrated with the community and that future development provides community benefits. Further, the proposed project meets all applicable provisions of the Development Code and City ordinances and regulations, with the inclusion of a Conditional Use Permit for reduced parking.

The development agreement will promote the public convenience, health, interest, safety and general welfare of the City;
This finding can be made because the project was designed to ensure public health, safety and general welfare. The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately 11.84 acres of land bounded by US 101 to the north, University Avenue to the east, Woodland Avenue to the south, and Manhattan Avenue to the west. A variety of 2-3 story multiple-family uses lie to the east and west of the project site, and San Francisquito Creek and the City of Palo Alto lie to the South. The project includes appropriate project setbacks, circulation, and landscaping. The proposed office has been designed to be compatible with the C-O zoning district, and mitigation measures identified in the EIR and MMRP prepared for the project are incorporated to avoid potential

8.1.a
Packet Pg. 105 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) environmental effects related to public health and safety.

The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located; This finding can be made because the proposed office use is permitted in the General Plan’s Office (OC) Land Use Designation and within the Commercial Office zoning district.

The project site, 1900, 1950, 2000 and 2050 University Circle, comprises approximately

11.84 acres of land and is occupied with 3 existing office buildings and a hotel. Therefore, the proposed office building will be compatible with the other authorized office uses in the University Circle complex and in the C-O Zone.

The project will not adversely affect the orderly development of property or the preservation of property values;
This finding can be made as the project is consistent with both the General Plan and the Development Code, which plan for and regulate the development of property and set forth property value expectations. The General Plan provides a comprehensive framework for the physical development of the city through 2035 and highlights the University Circle site as one of the primary areas within the city suitable for future office development. Further, the General Plan includes specific policies to direct future development at the University Circle site. Land Use Policy 2.7, University Circle, for example, calls for intensification of either office or hotel uses at the site consistent with the established planning and legal framework.

The project will further important Citywide goals and policies that have been officially recognized by the Council; and
This finding can be made because the proposed project is consistent with General Plan Economic Development Goal ED-1 to grow and stabilize revenue-generating land uses and tools to diversify and expand the City’s tax revenue base and provide jobs for local residents. As described in the project’s Fiscal Impact Assessment, the project would result in an estimated revenues in excess of the estimated annual expenditures. The project will also provide community benefits specifically identified in the General Plan and Westside Area Plan. General Plan Policy 7.6 calls for integrating University Circle into surrounding neighborhoods and General Plan Policy 8.4 calls for new community meeting spaces. The project’s community benefits are specifically consistent with those policies.

The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval This finding can be made because the proposed project will provide important and tangible benefits including a community function space, public art, public access through the site via a license agreement and supporting pedestrian connectivity improvements, intersection improvements at Woodland Avenue, bus stop and landscaping improvements along Manhattan Avenue, and temporary parking for neighboring residents to alleviate street parking shortages.

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Packet Pg. 106 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

CITY OF EAST PALO ALTO PLANNING DIVISION
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303

CONDITIONS OF APPROVAL
Planning Division
General Conditions:
1) The project shall be built according to the plans accompanying this report as part of Planning application DR19-019 and CUP22-001and approved by the City Council on ____.

Any expansion or change in use shall be subject to review and approval by the City Planning Manager.
2) The Planning Manager may administratively approve minor modifications to the approved plans or uses consistent with Section 18.86.070 of the Development Code. Major Modifications, as determined by the Planning Manager, shall require review and approval from the City Council at a new public hearing.
3) The applicant shall obtain a City of East Palo Alto building permit and any associated encroachment or site development permits from the Public Works Department before construction can proceed.
4) No building permits shall be issued until after expiration of the Settlement Agreement between the City of East Palo Alto and City of Palo Alto and the Crescent Park Neighborhood Association and the Settlement Agreement between the City of East Palo Alto and the City of Menlo Park. The Settlement Agreements expire December 15, 2023. 5) The applicant shall notify the project planner to schedule inspections related to the construction of all structures, landscaping, and other site improvements. The notification request shall be given at least 72 hours prior to the requested time for inspection. 6) The applicant shall hold harmless and defend the City, its officers, agents, and employees from any liability or claims for damages due to the injury of any person, loss of life, or damage to property caused by, or arising out of activities authorized by these approvals or from any claim action or proceeding to set aside, void, or annul any approval of the Project by the City. The applicant shall employ legal counsel approved by the city or indemnify the City for the cost of legal counsel and legal services.
7) The project shall comply with all terms of the Development Agreement, as approved by Ordinance No. ____.
8) The project shall provide public pedestrian access throughout the site, consistent with the terms of the License Agreement. The License Agreement shall be entered into by the City and project applicant prior to Building Permit Issuance. 9) The Applicant shall attend a pre-submittal meeting with Community and Economic

8.1.a
Packet Pg. 107 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) Development Department (CEDD) staff prior to the issuance of a grading permit and shall send a notice of the time and place of the meeting to all residents within 500 feet of the site. 10) No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan for the subject parcel on which the sign shall be erected has been submitted and approved consistent with the East Palo Alto Development Code. 11) Fifteen (15) protected trees are approved for removal, as described in the project arborist report. Sixty trees are required for replacement, as described on sheet L1.1 of the approved plans. Replacement trees must be 24” box size or greater. 12) If any additional protected trees are proposed for removal, a tree removal permit shall be filed with the Planning Division for the removal of any Protected Trees on the property prior to the issuance of building permits. The applicant shall incur any fees associated with the tree removal permit application or peer review. 13) Project landscaping shall comply with City of East Palo Alto and State regulations for water-efficient landscaping.
14) The project shall incorporate native landscaping where possible. 15) Private and dedicated open space and trees shall be preserved and maintained by the owner/occupant per plans when approved by the City. If there are any modifications to the current trees and landscaping or if the tree needs to be replaced by something comparable, the applicant will need to get approvals from the Planning Division in order to be permitted to do so. The approval may require, but is not limited to, separate permits fees, arborist reports, and other necessary documents. No building additions shall be permitted that impede or in any way impact the granted open space excluding small accessory structures. 16) Landscaping within the Corner Vision Triangle Area (defined by East Palo Alto Municipal Code Section 18.22.020(B)) shall be selected, installed, and maintained consistent with East Palo Alto Municipal Code Section18.22.020 to avoid obstructions for vehicles exiting project driveways.
17) Pile-driving shall be prohibited.
18) Construction activities shall be limited to the following times:
a. Construction activities involving use of heavy equipment (such as graders, excavators, bull dozers, etc.) shall be limited to between 7:00 a.m. and 4:00 p.m. on weekdays and between 9:00 a.m. and 4:00 p.m. on Saturdays. b. Truck loading may occur from 7:00 a.m. to 6:00 p.m.
c. During project demolition and excavation, haul truck trips to and from the site shall occur outside of peak traffic hours and shall be prohibited between 7:00 and 9:00 a.m. and 4:00 and 7:00 p.m.
d. No haul truck trips shall occur after 10 p.m.

8.1.a
Packet Pg. 108 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) 19) The City may require that noise monitoring be performed during construction at the nearest residential land use.

Prior to the Issuance of Building Permits:

Prior to the issuance of building permits, the Applicant (or successor in interest) shall:
20) Applicant shall acknowledge in writing all of the conditions of approval and any mitigation measures contained in the EIR mitigation and monitoring program (MMRP) and accept these conditions and mitigation measures with full awareness of the responsibilities associated with all requirements. Said information to be noted on the front page(s) of the building permit plan sets.
21) Record the conditions of approval with the County of San Mateo. 22) The project shall comply with the associated Mitigation MonitoringandReportingProgram (MMRP). Prior to the issuance of building permit the developer shall berequired to meet with the Planning Division to discuss the mitigation measures identified with the Mitigation Monitoring and Reporting Program (MMRP).
23) Submit a lighting plan showing all proposed parking lot and exterior building lighting, including details on standard design, coverage and intensity for review and approval by the Planning Manager.
a. The plan shall include the manufacturer’s specifications and the 0.5-foot candle contour lines on selected elevations and on the site plan. b. Lighting shall be limited to the absolute minimum required to provide visibility and security to the site without spillover or glare effects to surrounding properties, roadways, or sky to limit light pollution and trespass. c. Minor adjustments with diffusers or lower wattage fixtures may be required after opening.
d. Exterior lightfixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Lighting fixtures shall be installed that are energy efficient. 24) Submit the method of screening roof equipment to the Planning Manager for review and approval. Roof equipment and objects such as elevator equipment, air conditioning or utility equipment, television aerials, etc. shall not be visible from surrounding streets or properties from the ground plane.
25) Submit a site management plan to address any remediation, if required. Final sign-off, if required, shall come from the San Francisco Regional Water Quality Control Board, and building permits shall not be issued until the City has received clearance from the San Francisco Regional Water Quality Control Board for any required remediation of the site. 26) All impact fees, including the commercial linkage fee, as well as any outstanding costs associated with the planning entitlement process, shall be paid prior to issuance of the

8.1.a
Packet Pg. 109 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) building permit. Impact fee information is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/finance/page/4461/east_palo_alt o_comprehensive_fee_schedule_eff.01.2021_0.pdf
27) Submit exterior building colors, materials, and design elements to the Planning Manager for final review and approval prior to issuance of building permit. 28) The project shall include interpretive signs acknowledging the following:
a. Land acknowledgement recognizing the tribe culturally affiliated with the site b. Memorials commemorating the Tongan community center and Whiskey Gulch The proposed signs shall be submitted for approval prior to the issuance of a building permit. 29) A tree protection plan shall be submitted and approved prior to issuance of building permits. To avoid and minimize damage to existing trees that are not proposed for direct impact by Project activities, the following measures shall be implemented during construction:
a. Caution shall be taken when conducting construction activities (grading, filling, paving,etc.) in close proximity to the root protection zone (RPZ) around all protected trees within the vicinity of the Project Area that are not proposed for removal. The RPZ should be a distance of 1.0 times the dripline radius measured from the trunk of the tree. Exception to is standard could be considered on a case-by-case basis, provided that it is demonstrated that an encroachment into the RPZ will not affect the root system or the health of the tree, and is authorized by an ISA-Certified Arborist or comparable specialist. b. Temporary protective fencing shall be installed around the dripline of existing protected trees prior to commencement of any construction activity conducted within 25 feet of the tree canopy. The fence shall be clearly marked to prevent inadvertent encroachment by heavy machinery.
c. Drainage shall not be allowed to pond around the base of any protected tree. d. An ISA-Certified Arborist or tree specialist shall be retained to perform any necessary pruning of trees during construction activity. e. Roots exposed, as a result of construction activities, shall be covered with wet burlap to avoid desiccation, and should be buried as soon as practicable. f. Construction materials or heavy equipment shall not be stored within the RPZ of protected trees.
g. Only an ISA-Certified Arborist, or comparable specialist, shall make specific recommendations as to where any existing trees can safely tolerate some level of fill within the drip line.
h. Trenching within RPZ shall be done under the field supervision of an ISACertified Arborist and shall be hand dug as much as possible in addition to using auger or drill.
i. Construction materials shall be properly stored away from existing protected trees to avoid spillage or damage to trees.

8.1.a
Packet Pg. 110 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) 30) Prior to the issuance of a building permit, the applicant shall comply with the Transportation Demand Management (TDM) Plan requirements consistent with the East Palo Alto Municipal Code Chapter 10.32. A complying TDM plan shall be submitted to the City for review and approval before building permits can be issued. The project shall be subject to all applicable TDM-related fees and penalties.
31) Install bicycle racks or storage that complies with the Santa Clara Valley Bicycle Technical Guidelines and Valley Transit Authority (VTA) standards, as may be amended. 32) Submit a property maintenance and management plan for the entire property, which shall include but not be limited to:
a. Clearly identify the use of all balconies and define what can and cannot be stored on the balcony
b. General cleaning of litter and debris on-site
c. Maintenance of all exterior building materials
d. Maintenance of all landscaping, window cleaning, etc. 33) Prior to the issuance of Building Permits, the project applicant/developer must obtain all required approvals by and be in compliance with all the conditions of the East Palo Alto Sanitary District.

Conditions Prior to Certificate of Occupancy:
34) Prior to certificate of occupancy, the applicant shall complete a retrofit of the existing office buildings at 1900, 1950, and 2000 University Circle, including replacement of all plumbing fixtures in each of the existing office buildings on-site with new water-efficient plumbing fixtures.
35) The 186,000-gallon fire water tank shall be filled prior to issuance of the Certificate of Occupancy for the proposed office building and no sooner than four months after the plumbing retrofit is complete on the existing buildings on the project site. At the City’s discretion, in-lieu of installation of the project’s underground water tank, the applicant may make a fair share contribution to an offsite water infrastructure improvement provided that the improvement demonstrates provision of adequate fire water pressure to the project site prior to Building Permit issuance.
36) The applicant shall submit a wayfinding signage plan for paths that provide public access under the License Agreement for approval by the Planning Manager prior to issuance of Certificate of Occupancy.

Conditions After Certificate of Occupancy:
37) Within one year of issuance of occupancy permits, the project applicant shall submit a water audit to the Public Works Director, demonstrating that the project has achieved net neutral water demand. If net neutral water demand is not demonstrated, the applicant shall be charged water capacity impact fees proportional to the increase in water demand. 38) A Parking Management Plan to the satisfaction of the Planning Manager and consistent with the Conditional Use Permit for Parking Reduction shall be submitted to the Planning

8.1.a
Packet Pg. 111 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) Manager for approval prior to issuance of Certificate of Occupancy.

Mitigation Measures
39) MM AIR-2.1: During construction period ground disturbance, the project contractor shall implement the following measures recommended by BAAQMD to control dust and exhaust:
• Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day at a frequency adequate to maintain minimum soil moisture of 12 percent.
• Haul trucks transporting soil, sand, or other loose material off-site shall be covered. • Visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweeps at least once per day. The use of dry power sweeping is prohibited.
• Vehicle speeds on unpaved surfaces shall be limited to 15 miles per hour (mph) • 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.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be posted for construction workers at all access points. • 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. • Post a publicly visible sign with the telephone number and contact at the City of East Palo Alto regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be included to ensure compliance with applicable regulations.
• Excavation, grading, and/or demolition activities shall be suspended when average wind speed exceeds 20 miles per hour (mph) and visible dust extends beyond site boundaries. • Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have at minimum of 50 percent air porosity.
• Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
• The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. • Avoid tracking visible soil material on to public roadways by employing the following measures if necessary: (1) treat site access to a distance of 100 feet from public paved roads with a six to 12-inch compacted layer of wood chips, mulch, or gravel and (2) washing truck tires and construction equipment prior to leaving the site.

8.1.a
Packet Pg. 112 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) • Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. 40) MM AIR-3.1: The project shall develop a plan demonstrating either of the following options:

A. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emissions standards for particulate matter (PM10 and PM2.5), if feasible, or B. If use of Tier 4 equipment is not feasible, use equipment that meets the U.S. EPA emissions standards for Tier 3 engines and includes CARB-certified Level 3 verifiable diesel emission control devices that altogether achieve a minimum 87 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment, or use alternatively fueled equipment or electric equipment; C. And provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment, such as generators; D. And cranes, air compressors, and welders shall be powered by electricity or alternative fuel, or
E. The applicant may develop a separate feasible plan that reduces on- and near-site construction diesel particulate matter emissions by a minimum of 87 percent or greater. Such a plan would have to be reviewed and approved by the City. 41) MM BIO-1.1: Avoidance: the project applicant shall schedule demolition and construction activities that may directly or indirectly affect protected species to avoid the nesting season.

The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive), as amended. 42) MM BIO-1.2: Nesting Bird Surveys: If it is not possible to schedule demolition and construction that may directly or indirectly affect protected species between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to initiation of construction activities during the early part of the breeding season (February 1st through April 31st inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests.
43) MM BIO-1.3: Buffer Zones: If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with the California Department of Fish and Wildlife, shall determine the extent of a construction free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests shall not be disturbed during project construction.
44) MM BIO-1.4: Reporting: Prior to any tree removal, or approval of any grading permits, (whichever occurs first), the ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the City’s Director of Community and Economic Development or the Director’s designee. 45) MM BIO-4.1: Prior to issuance of building permits, the project shall reduce the amount of glazing (i.e., windows or reflective surfaces) to the extent feasible on the southern façade of the proposed office building and treat all remaining glass on the southern façade with bird8.1.a Packet Pg. 113 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) safe glazing treatments.
46) MM CUL-2.1: Prior to issuance of grading or demolition permits, the project applicant shall retain a qualified archaeologist and Native American cultural resources monitor from Tamien Nation. The qualified archaeologist shall conduct subsurface borings within the southern section of the project site where the three levels of underground parking is proposed. The Native American cultural resources monitor shall be on site to monitor ground disturbing activities including soil borings. Soil borings shall be conducted where anticipated deep disturbances are proposed, away from the existing single-story underground parking. Boring locations shall be placed between 50 and 75 meters apart depending on the size of the area to be explored. At least one boring shall sample the entire proposed impacts depth to provide a comparison of the stratigraphy to the previous nearby coring samples. At least 7 meters of undisturbed native soils shall be sampled below the fill if that can be completed within the proposed depth of impacts. Boring sample depths should be adjusted depending on findings of similar soils or missing layers. Samples from the three layers most likely to have archaeological resources shall be screened by a qualified archaeologist to determine if cultural materials are present.

If archaeological resources are identified, the qualified archaeologist in consultation with a Native American representative shall prepare a research design and treatment plan tailored to the resources identified. The qualified archaeologist shall submit the research design and treatment plan approved by Tamien Nation to the City for review and approval. Once the research design and treatment plan is approved by the City, archaeological testing of the resource can begin. Testing shall be commensurate with the level of proposed impacts and determined in consultation with a Native American representative. After field testing, an evaluation report shall be prepared documenting the fieldwork, analyzing the cultural materials recovered, defining its boundaries within proposed impacts, and evaluating the resource per the California Register of Historic Resources criteria. If cultural materials are determined to be Native American in origin, a Native American monitor shall be present during all archaeological testing.
47) MM CUL-2.2: Prior to issuance of the Grading Permit, the project applicant shall submit evidence that an Archaeological Cultural Resource Awareness Training was held prior to ground disturbance. The training shall be facilitated by the project archaeologist in coordination with a Native American representative from Tamien Nation, registered with the Native American Heritage Commissions, for the City of East Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3
48) MM CUL-2.3: In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during construction activity, work within 50 feet of the find shall cease until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. Construction and potential impacts to the area(s) within a radius determined by the archaeologist shall not recommence until the assessment is complete.
49) MM CUL-3.1: If human remains are encountered as a result of construction activities, all work in the vicinity shall be halted and the County Coroner contacted. In the event that the County Coroner determines that the human remains are Native American, notification of the Native American Heritage Commission (NAHC) is required, who shall appoint a Most Likely

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Packet Pg. 114 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) Descendant (MLD) (PRC Section 5097.98). The qualified archaeologist, project sponsor, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5(d). The agreement shall incorporate ‘best practices’ as identified by the state NAHC. A final report shall be prepared by the project archaeologist in consultation with the MLD and approved by the City of East Palo Alto. Work on the project may proceed upon City approval.
50) MM GEO-6.1: If paleontological resources are encountered during grading or excavation, all construction activities within 50 feet shall stop and the City of East Palo Alto Director of Community and Economic Development shall be notified. A qualified paleontologist shall inspect the findings within 48 hours of discovery. If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or left undisturbed. If preservation in place is not feasible (e.g., planning construction activities to avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soils, and deeding the site into a permanent conservation easement) data recovery through excavation shall be conducted by a qualified paleontologist with a data recovery plan in place.
51) MM NOI-1.1: The project applicant shall prepare a construction noise logistics plan for review and approval by the Department of Public Works prior to issuance of grading and/or demolition permits on the project. The construction noise logistics plan shall include, but not be limited to, the following measures to reduce construction noise to less than significant levels:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m. (Excepting haul and truck deliveries between 7:00 and 10:00 p.m.) and Saturdays between 9:00 a.m. and 7:00 p.m. Prohibit construction on Sundays and holidays; b. Utilize "quiet" models of air compressors and other stationary noise sources where such technology exists;
c. Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment;
d. Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; e. Locate staging areas and construction material areas as far away as possible from adjacent land uses;
f. Prohibit all unnecessary idling of internal combustion engines; g. Construct solid eight- to 10-foot-tall plywood fences along the construction site boundaries with direct line-of-sight to noise-sensitive receptors. Constructing temporary noise barrier fences to shield these receptors would provide a five dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps. h. Where feasible, limit the quantity of equipment operating simultaneously to 10 pieces of equipment or less.

8.1.a
Packet Pg. 115 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) i. The applicant shall designate a “disturbance coordinator” who would be responsible for responding to local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem are implemented. j. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction.

In addition, to reduce noise levels at nearby residential uses from non-exempt construction activities to a less than significant level between the hours of 7:00 p.m. and 10:00 p.m., the following measures shall be implemented by the project:
• Prohibit use of noise-generating equipment outdoors between 7:00 p.m. and 10:00 p.m. • Limit truck loading and unloading to the hours of 7:00 a.m. to 7:00 p.m. • Limit the number of truck deliveries to two trucks an hour between the hours of 7:00 p.m. and 10:00 p.m.
• Prohibit truck travel routes along Manhattan Avenue between the hours of 7:00 p.m. and 10:00 p.m.
52) MM NOI-1.2: Prior to issuance of building permits, project mechanical equipment shall be selected and designed to reduce impacts on surrounding uses and meet the City’s exterior and interior noise level requirements. A qualified acoustical consultant shall be retained by the project applicant to review mechanical noise as the equipment systems are selected to determine specific noise reduction measures necessary to reduce noise to comply with the City’s 55 dBA L50 daytime exterior limit and 50 dBA L50 nighttime exterior limit at the nearest residential property lines. Noise reduction measures could include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers, such as enclosures and parapet walls to block the line-of-sight between the noise receptors.

Alternate measures may include locating equipment in less noise-sensitive areas. With implementation of this measure, the impact would be reduced to a less than significant level. 53) NOI-2.1: The proposed project shall incorporate the following measures during project construction:
• Limit vibration-inducing equipment.
• Use of the heavy vibration-generating construction equipment shall be prohibited within 20 feet of existing on-site buildings.
• Use of smaller equipment to minimize vibration levels below the limits near existing onsite buildings shall be required. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy objects or materials.
54) MM TRA-1.1: Prior to issuance of grading and/or demolition permits for the project, the project applicant shall develop and submit to the Director of Community Development for review and approval an enhanced TDM program that demonstrates a reduction in project VMT to 15 percent below the Citywide average home-based work trip VMT. The enhanced TDM program shall include the following measures:
• Expand University Circle Caltrain shuttle to meet more trains before 7 a.m., between 10 a.m. and 12 p.m., and after 6:30 p.m.,

8.1.a
Packet Pg. 116 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) • Add a University Circle last-mile shuttle connection for Dumbarton Express riders, • Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

Housing Division
55) The project is subject to the City’s Housing Impact Fee for Non-Residential Development.

The Housing Impact Fee Schedule is updated annually based on the methods approved by the City Council inOrdinance NO. 397 and Section 8.5 of the Zoning Ordinance of the City of East Palo Alto.
56) The Commercial Linkage Fee for Fiscal Year 2021-2022 is $11.76 per square foot of commercial property. The fee increases with the CPI. The Commercial Linkage Fee shall be calculated at the time when theapplicant provides payment, based on the adopted fee schedule in effect at that time.
57) The project is subject to the City’s Measure HH Commercial Office Space Parcel Tax (November 2018) requirement.

Building Division
GeneralInformation:

The following comments are referred to the 2019 California Building, Mechanical,Plumbing,Electrical Codes, California Green Building Standards Code, California Existing Building Code, and Energy Code (i.e., 2018 IBC, UMC, UPC, and 2017 NEC, as amendedby theState of California).

The following comments reflect a review of the building plans only. If site-related comments are applicable to this project they will be generated by others (e.g.,CityEngineering,PublicWorks, Health, etc.).

At Building Permit Submittal
58) Duplicate the Conditions of Approval into the plans submitted for building permits. 59) A soils investigation report shall be submitted containing design recommendations. Additionally, submit asigned & stamped letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation stating the following:
a) The plans and specifications substantially conform to the recommendations in the soil investigation.
b) The Geotechnical Engineer or Civil Engineer who prepare the soil investigation has been retained toprovide soil site observation and provide periodic and finalreports to the City of EastPaloAlto.
c) Priorto final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating that the

8.1.a
Packet Pg. 117 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) completed pad, foundation,finish grading and associated site work substantially conform to the approved plans, specifications and investigations.
60) Please duplicate in the submitted plans, the Construction Best Management Practices. To access the standardplan, please visit: http://www.flowstobay.org/construction. 61) Vertical Clearance for Accessible Parking: A vertical clearance of 98” minimum shall be provided from thegarage entrance to and from the accessible parkingstalls locatedin the garage. CBC 11B502.5. 62) Handrail Extensions: CBC 11B-505.10 requires the handrails to extend 12 inches plus the tread depth. Exceptions to the handrail extensions due to hazardous locations applies to alterations.

This project is considered new construction, not an alteration. 63) Gurney Sized Elevators: Elevator car shall be able to accommodate an ambulance stretcher, 24”x84”, per CBC3002.4.
64) The applicant shall submit complete Title 24 Certificate of Compliance forms for the proposed project. Theforms shall be incorporated into the plan set. 65) The applicant shall properly complete and incorporate the 2019 CalGreen Mandatory Measures on the planssubmitted for building permits.
66) In accordance with Government CodeSection 4469.5., please imprint, on plan, the DisabledAccess Notice andResources notice to commercial building permits. Link to access the notice:
https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/AB- 3002-ModelNotice 67) Please note on plan: The City of East Palo Alto Municipal Code Section 15.04.125 limits construction activity to the following hours:
a. Monday through Friday: 7:00 AM to 6:00 PM
b. Saturday: 9:00 AM to 5:00 PM
c. Sundays and national holidays: No activity allowed
PriorBuilding Permit Issuance
68) Approval of this Project does not relieve the Applicant from the applicable requirements of subsequent permits and approvals,includingbut not limitedto the followingas may be applicable:
a) GradingPermit and ImprovementPlan
b) BuildingPermit and Certificate of Occupancy
c) Requirements of the Bay AreaAir Quality Management District; forthe demolition of structures.
d) FirePermit
e) SchoolDistrict Development Impact fee requirements
69) The installation of site construction trailers will require a separate building permit issued by the

8.1.a
Packet Pg. 118 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) BuildingDivision. Plans and specifications must be submitted for review and approval prior to the installation of suchstructures. Please contact theBuildingDivisionforadditional information. 70) Prior to the issuance of building permits, the applicant/developer shall submit a waste management plan to the Building and Safety Division. The plan shall include the estimated composition and quantities of waste to begenerated and how the project developer intends to recycle at least 65 percent of the total job site constructionwaste measured by weight or volume. Proof of compliance shall be provided to the Chief Building Official prior to the issuance of the building permit. a) Note on the plans submitted for building permits: Self hauling is prohibited in the City of East PaloAlto; an authorized hauler shall be utilized.
b) All construction and demolition debris shall be contained on-site (not in the public right-ofway) inconstantly covered bins, which include adequate service. 71) Prior to the permit issuance a commissioning plan shall be completed to document how the project will becommissioned. The commissioning plan shall include the following:
a) GeneralProject Information
b) CommissioningGoals
c) Systems to be commissioned. Plans to test systems and components shall include:
• An explanation of the original design intent.
• Equipment and system to be tested, including the extent of tests. • Functions to be tested.
• Conditions under whichthe test shall be performed.
• Measurablecriteria for acceptable performance.
• Commissioningteam information.
• Commissioning process activities, schedules, and responsibilities. Plans for the completion ofcommissioning shall be included.

PriorTo The First Inspection
72) A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for thepurpose of reviewing Conditions of Approval and construction-site procedures. The building owner/developer shall be represented by the design and construction staffs, which include any sub-contractors. Departments having conditions of approval for the project will represent the City (BUILDING, PUBLIC WORKS, PLANNING, FIRE).

PriorTo Final/Occupancy
73) A minimum of 10 Days prior to anticipated occupancy, the applicant shall have scheduled final inspections byall Departments requiring conditions of approval.

8.1.a
Packet Pg. 119 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) Engineering Division:

SPECIFIC CONDITIONS OF APPROVAL
74) Improvements to the University Avenue and Woodland Avenue intersection are to be completed before Certificate of Occupancy. The design of the intersection will be finalized on the offsite improvement plans submitted with the Building Permit. 75) Stormwater Measures shall include full trash capture measures conforming to Section C.10 of the Municipal Regional Permit for Stormwater (5-mm. screens, sized for 1-year, 1-hour storm).
76) Project will be required to pay a “fair share” cost for transportation improvements listed in the Transportation Impact Analysis.
77) A parcel map must be recorded with the County showing the lot split required for the project. 78) The existing City water main in the 20’ Public Utility Easement (PUE) along University Avenue shall be relocated outside of the staircase/ ramp improvements, and an alternate PUE closer to University Avenue shall be dedicated on the lot split parcel map over the new main.
79) The applicant shall not conduct work in the Public Utility Easement without authorization from PG&E.
80) License agreement for the use of property for pedestrian pathway must be executed before the Certificate of Occupancy.

STANDARD CONDITIONS
81) ENGINEERING FEES: All review and inspection fees per the City’s Master Fee Schedule shall be paid prior to the issuance of any permits.
82) DEVELOPMENT IMPACT AND WATER CAPACITY FEES: All Development Impact Fees and Water Capacity Fees shall be paid prior to the issuance of any building permits per East Palo Alto Municipal Code (EPAMC) 13.28, and Resolutions No. 5004 and No. 5093 83) GRADING PERMIT: Prior to building permit approval, a grading permit shall be obtained from the Engineering Division with payment of fees per EPAMC 15.48. See the following link for an application.
https://www.cityofepa.org/publicworks/page/grading-permit 84) ENCROACHMENT PERMIT: The developer shall obtain an encroachment permit from the Engineering Division prior to performing any work in the public right-of-way. See the link below for an application.
https://www.cityofepa.org/publicworks/page/encroachment-permit 85) PUBLIC IMPROVEMENTS: The developer shall provide public street improvements along the project frontage where existing streets (vehicle and/or pedestrian paths) do not meet current City standards. These improvements may include sidewalk, curb and gutter, driveway approach, curb ramp, and any right-of-way dedication. See EPAMC 15.04.040 86) CONSTRUCTION VEHICLES, EQUIPMENT, AND MATERIALS: All construction related

8.1.a
Packet Pg. 120 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) vehicles, equipment, and materials shall be managed on-site. At no time shall such items be parked or stored in the public right-of-way without an encroachment permit or written approval by the City Engineer.
87) TRAFFIC CONTROL: Activities that require temporary closures of sidewalks, vehicle and/or bike lanes, or other public paths shall require review and approval by the Engineering Division through an encroachment permit.
88) STORMWATER DRAINAGE: The project shall not create any negative impacts to adjacent properties such as cross-lot drainage. The project shall conform with all C.3/C.6 requirements.
89) CONSTRUCTION BEST MANAGEMENT PRACTICES: This project is required to implement stormwater best management practices (BMP) as described by the San Mateo Countywide Water Pollution Prevention Program. Stormwater Measures shall include full trash capture measures conforming to Section C.10 of the Municipal Regional Permit for Stormwater (5- mm. screens, sized for 1-year, 1-hour storm).

The following sheet in the link below shall be included in the plans. https://www.flowstobay.org/wp-content/uploads/2020/04/Countywide-Program-BMP-PlanSheet-June-2014-Update.pdf 90) FENCES/WALLS: No new or existing fence and/or wall shall be permitted outside of the property boundary lines. No new or existing concrete (or similar) wall and/or fence is permitted where there is a public easement. The removal of such existing structures shall be required prior to the issuance of any permits.
91) WATER METER: This project shall use one public water meter provided by the City’s water operator. Any additional water meters shall be purchased by the developer, maintained privately, and stored onsite.
92) TRAFFIC CONTROL PLAN: Submit a traffic control plan with the off-site improvement plans for review and approval. The traffic control plan shall include a summary of the traffic control types, dates, times and blocks affected. All construction related materials, equipment, and construction workers parking need to be stored on-site and the public streets need to be kept free and clear of construction debris.

Police Department:
93) The Applicant shall submit a security plan for the project to the Police Department for review andcomment prior to Certificate of Occupancy. Reasons for review include, but are not limited to the following:
a. Excessive and/or unexplainable increase in calls for service b. Excessive and/or preventable crimescommitted at the residence and/or commercial space.
c. Numerous complaints of a valid nature
94) Lighting: The Applicant shall provide uniform lighting without glare for scheduled nighttime activities and to permit good observation by neighbors and patrol units after hours. 95) Signage: The Applicant shall:
a. Post “No trespassing/Loitering” signs at entrances of parking lots and other appropriate places. Signs should be at least 2’by1’ in overall size, with white background and black 2” lettering. Section 9.08.010 of the East Palo Alto Municipal Code should be included as a reference on the no loitering signs.

8.1.a
Packet Pg. 121 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) b. Post signs at all entrances to the parking area pursuant to section 22658(a) of the California Vehicle Code to assist management with removal of unwanted vehicles per the parking manager’s request.
96) Parking Structure: The Applicant shall include the following in building permit plans:
a. The interior structure be painted a light, highly reflective color. b. Metal halide or other bright white light sources shall be utilized. No dark areas should exist inside the structure.
c. All storage, maintenance, and trash rooms within the parking garage shall have doors which cannot be locked from the inside, and that close and lock quickly and automatically upon exit.
d. Alcoves and other visual obstructions that mightconstitute a hiding place shall be eliminated whenever structurally possible. Pillars, columns, and other open construction should be utilized over a solid wall design. e. Whenever possible, stairwells shall be of open design. When, by necessity, a stairwell is enclosed, convex mirrors should be placed at each stairwell landing, and the stairwell doors should employ as much transparent material as fire code allows. f. Convex mirrors shall be placed inside elevator cabs. g. Access control shall be utilized for vehicular and pedestrian traffic. h. A clearly marked, hands free emergency phone or panic alarm shall be placed centrally in the structure.
i. No trespassing/loitering signs shall be placed at all entrances and other appropriate locations.
j. Panic button call boxes shall be integrated with a video surveillance system. 97) Building:
a. Stairs shall be well lit with open handrails to allow visibility and prevent hiding spaces.
b. Risers shall be enclosed along with the area under the stairs should be enclosed and inaccessible for any use.
c. It is advisable to have surveillance equipment for enclosed stairwells and motion detection at main access points.
98) Landscaping:
a. Landscaping shall be well maintained and trimmed so that natural surveillance is not hindered.
b. Shrubs shall be kept less than three feet in height and trees should be pruned to a height of 10 feet.
c. Walkways shall be direct, follow natural pathways and avoid blind corners. d. The walkways and access points to the open space shall be illuminated and visible. 99) Roof Top:
a. One of the following shall be utilized on all skylights: Rated burglar-resistant glass or acrylic material orIron bars of at least one half-inch diameter, or flat steel bars of at least one quarter-inch width, spaced no more than five inches apart under the skylight and securely fastened, or Grill of at least one eighth-inch steeland two-inch mesh b. All hatchway openings on the roof of any building should be secured as follows: If the hatchway is wooden, it should be covered on the outside with at least 16 gage sheet steel or its equivalent, attached in a manner making removal difficult. The hatchway shall be secured from the insidewith a slide bar or slide bolts. Only a crossbar or padlock provided by the fire marshal shall be used. Outside pin-type hinges on all hatchway openings shall have non-removable pins.

8.1.a
Packet Pg. 122 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) • Exterior rooftop ladders should be eliminated or incorporated into the interior design.
• All air duct or vent openingsexceeding 8” by 12” on the rooftop or exterior walls of any building shall be secured by means of:
o Iron bars of at least one half-inch diameter, of flat steel bars of at least one quarter-inch width, spaced nomore than five inches and securely fastened,
o Grill of at least one eighth-inch steel and two-inch mesh, o If the barrier is on the outside, it shall be secured with galvanized rounded-head, flush bolts of at least 3/8” diameter.

Menlo Park Fire Protection District
100) Access: Remove Any island not allowing 26’ wide access to the building and allowing proper turn radius for access to the building.
101) The aerial ladder placement shall meet the prescriptive distance requirements outlined in CFC Appendix D105.
102) Access improvements (roads, turnarounds and turnouts) that cross property lines shall be recorded with the San Mateo County Tax Assessors Office. 103) Fire apparatus roadways, including public and private streets and in some cases, driveways used for vehicle access, shall be capable of supporting the imposed weight of a 75,000- pound (34,050 kg) fire apparatus and shall be provided with an all -weather driving surface.

Only paved or concrete surfaces are considered to be all weather driving surfaces. CFC 2019, Appendix D.
104) All curbing located within the complex that has not been assigned as onsite parking shall be designated as “No Parking Fire Lane”. All fire lanes shall comply with MPFD standard for “Designation and Marking of Fire Lane” Provide a complete no parking-fire lane striping plan with no parking signage in accordance to MPFD standard on subsequent submittal:
a. Required no parking signage installed at an approved location at entrances. 105) Fire apparatus roadways, including public or private streets or roads used for vehicle access shall be installed and in service prior to construction. Fire protection water serving all hydrants shall be provided as soon as combustible material arrives on the site:
a. PRIOR TO COMBUSTIBLE MATERIAL ARRIVING ON THE SITE, CONTACT THE

MENLO PARK FIRE PROTECTION DISTRICT TO SCHEDULE AN INSPECTION OF ROADWAYS AND FIRE HYDRANTS. CFC 2019.
106) For buildings 30 feet (9144 mm) and over in height above natural grade, the required fire apparatus access roadway shall be a minimum of 26 feet (7925 mm) in width, and shall be positioned parallel to at least one entire side of the building, and the fire lane shall be located within a minimum of 15feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building. CFC 2019, Appendix D105:
a. Fire District staging areas to be determined for Aerial Ladder Truck Minimum and Maximum climbing angles, if a climbing angle is less than 50 degrees the roadway shall be adjusted to comply to the charging condition listed above. Note Aerial Ladder requires minimum 4-foot setback on any side to allow for outriggers.

8.1.a
Packet Pg. 123 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) 107) Water Supply: 2500gpm for 2 hours shall be required 108) Applicant to provide fire flow information through a separate engineered plan showing how this is to be achieved. This document shall be submitted to Menlo Park Fire Protection District for review and approval prior to issuance of grading and building permits. CFC 2019, Sec. 507.5.1 Appendix B Section 105.2 & Table 105.1
109) 2 Fire hydrants are required. All hydrants to comply to the following:
a. All fire hydrants shall be wet barrel standard steamer type with 1-4 1/2" (114.3 mm) and 2-2 1/2" (63.5 mm) outlets. MPFPD CFC Sec. 507.5.1 Appendix C 110) Fire hydrants and fire appliances (fire department connections and post indicator valves) shall be clearly accessible and free from obstruction.

High Rise Building
111) CFC, Section 903, Automatic Sprinkler Systems & Section 905, Standpipe Systems: A combination fire sprinkler/standpipe system shall be installed throughout each structure. a. In the parking garage, and Building the automatic fire sprinkler system shall be designed to .18 gpm/3,000 square feet of coverage area. Fire sprinkler system to comply with NFPA 13 2016 Edition and Menlo Park Fire Protection District Standards.
b. Each floor level shall have a dedicated floor control valve, sprinkler riser assembly, installed enabling fire department personnel direct access. c. A 2-1/2” standpipe outlet shall be located on main floor landing and shall reach all portions of the floor served at a 200-foot distance from the Standpipe Outlet. NFPA 14 Sections 7.3.2(1) & 7.3.2.2.
d. Roof access shall have two standpipe outlets, and the most remote standpipe shall be calculated at 500 gpm, and additional 250 gpm added to outlet below totaling 750 gpm. Calculation shall be taken at the base of the riser. This shall be included in fire flow calculation.
e. Automatic sprinkler system is required during construction in accordance to CFC, Section 3313.
112) CFC, Section 913, Fire Pumps. Engine driven fire pumps and electric drive pumps supplied by generators shall both be provided with an on-premises fuel supply for not less than 8-hour full demand operation at 100% of the rated pump capacity in addition to all other required supply demands in accordance to Section 9.6 and 11.4.2 of NFPA 20 and CFC Section 913. 113) Secondary Water Supply. An automatic secondary on-site water supply shall be having a usable capacity of not less than the hydraulically calculated sprinkler demand plus 100 GPM for the inside hose stream. With a Duration of not less than 30 minutes or as determined by occupancy hazard classification in accordance to NFPA 13, whichever is greater. The secondary on-site water supply shall not be less than 15,000 gallons. 114) CFC, Section 907, Fire Alarm & Detection Systems. Manual and automatic fire alarm systems shall comply with this section. High-rise buildings require the following:
a. Automatic smoke detection
b. Area smoke detection
c. Fire department communication system

8.1.a
Packet Pg. 124 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) d. Emergency voice/alarm communication system
115) CFC, Section 508, Fire Command. A fire command center shall be separated by not less than a 1-hour barrier and the location is to be approved by MPFD. The command center shall comply with NFPA 72 and contain the features noted within the fire code. 116) CFC, Section 909, Smoke Control. All portions of the building shall be provided with a smoke control system in accordance to this section.
117) CFC Section 510, Emergency Responder Radio Coverage. An approved radio coverage for emergency responders shall be based upon the existing coverage levels of the public safety communication systems within MPFD at the exterior of the building. This section shall not require improvements of the existing public safety communication systems. 118) CBC, Section 1009.8, Two Way Communication. A system shall be provided at the landing serving each elevator or bank of elevators on each accessible floor that is one or more stories above the level of exit discharge. System shall comply with Sections 1009.8.1 and 1009.8.2. 119) CFC, Section 604, Emergency & Standby Power Systems. Minimum duration of 6 hours without being refueled or recharged. The minimum required fuel supply shall be maintained at all times. Generators shall be listed in accordance to UL2200 and installed in accordance to the CBC, CEC, NFPA 110 and NFPA 111.
120) CFC, Section 607, Elevator Operation. Shall conform to the provisions listed. At least one elevator shall be of a size that will accommodate one gurney (max 24 inches by 84 inches) and two attendants.
121) CFC, Section 906, Portable Fire Extinguishers. A minimum 2A 10B:C rated fire extinguisher shall be located at or near exits and shall be placed so that the travel distance to a fire extinguisher shall not to exceed 75 feet.
122) CFC, Chapter 10, Means of Egress. Components to include exit pathway throughout use, exit stairwells, exit enclosure providing access to exit doors, door hardware, exit signs, exit illumination and emergency lighting shall comply to CFC/CBC Chapter Ten. a. Section 403.5.3.1, Stairway Communication System. A telephone or other 2-way communications system connected to an approved constantly attended station shall be provided not less than every 5th floor in each stairway where the doors to the stairway are locked.
123) CFC, Section 509, Fire Protection and Utility Equipment Identification and Access. The single man door providing direct access to the sprinkler riser assembly shall require signage on the door accessing riser stating “Riser Room” or agreed upon language. 124) CFC 505, Premises Identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

Individual suite numbers shall be permanently posted on the main entrance doors of tenant spaces. If rear outside doors to tenant spaces are installed, they shall include the installation of numerical address numbers corresponding to front addressing. Numbers on new occupancies shall comply with the following:
a. Structures up to 50 feet (15240 mm) in height shall have addresses with a min. 1- inch (25.4 mm) stroke wide by min. 8 inches (203.2 mm) high. b. Structures over 50 feet (15240 mm) high shall have addresses with a min. 2.5-inch

8.1.a
Packet Pg. 125 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) (63.5 mm) stroke wide by min. 12 inches (304.8 mm) high. 125) Knox power switch (EPO) shall be installed at AHJ approved location.

GENERAL
126) Approved plans and approval letter must be on site at the time of inspection. 127) Final acceptance of this project is subject to field inspection.

8.1.a
Packet Pg. 126 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) ATTACHMENT B: MITIGATION, MONITORING, AND REPORTING PROGRAM

8.1.a
Packet Pg. 127 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 1 of 14 March 2022

MITIGATION MONITORING & REPORTING PROGRAM
University Circle Phase II Office Project
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency

AIR QUALITY
MM AIR-2.1: During construction period
ground disturbance, the project contractor shall
implement the following measures recommended
by BAAQMD to control dust and exhaust:
• Exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered
three times per day at a frequency adequate
to maintain minimum soil moisture of 12
percent.
• Haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• Visible mud or dirt tracked-out onto
adjacent public roads shall be removed
using wet power vacuum street sweeps at
least once per day. The use of dry power
sweeping is prohibited.
• Vehicle speeds on unpaved surfaces shall be
limited to 15 miles per hour (mph)
• 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.

Project Applicant
and Contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Ensure that the project
contractor implements measures
to control dust and exhaust.

All measures will be printed on
the project plans prior to
issuance of permits.

As needed
during
construction

8.1.a
Packet Pg. 128 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 2 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency • Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to five
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations). Clear signage shall be posted
for construction workers at all access
points.
• 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.
• Post a publicly visible sign with the
telephone number and contact at the City of
East Palo Alto regarding dust complaints.

This person shall respond and take
corrective action within 48 hours. The
BAAQMD’s phone number shall also be
included to ensure compliance with
applicable regulations.
• Excavation, grading, and/or demolition
activities shall be suspended when average
wind speed exceeds 20 miles per hour
(mph) and visible dust extends beyond site
boundaries.
• Wind breaks (e.g., trees, fences) shall be
installed on the windward side(s) of actively
disturbed areas of construction adjacent to
sensitive receptors. Wind breaks should
have at minimum of 50 percent air porosity.
• Vegetative ground cover (e.g., fastgerminating native grass seed) shall be

8.1.a
Packet Pg. 129 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 3 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency planted in disturbed areas as soon as
possible and watered appropriately until
vegetation is established.
• The simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities on the same area at any one time
shall be limited. Activities shall be phased
to reduce the amount of disturbed surfaces
at any one time.
• Avoid tracking visible soil material on to
public roadways by employing the
following measures if necessary: (1) treat
site access to a distance of 100 feet from
public paved roads with a six to 12-inch
compacted layer of wood chips, mulch, or
gravel and (2) washing truck tires and
construction equipment prior to leaving the
site.
• Sandbags or other erosion control measures
shall be installed to prevent silt runoff to
public roadways from sites with a slope
greater than one percent.

MM AIR-3.1: The project shall develop a plan
demonstrating either of the following options:
1) All construction equipment larger than 25
horsepower used at the site for more than
two continuous days or 20 hours total
shall meet U.S. EPA Tier 4 emissions
standards for particulate matter (PM10 and
PM2.5), if feasible, or
If use of Tier 4 equipment is not feasible,
use equipment that meets the U.S. EPA
emissions standards for Tier 3 engines and
Project Applicant
and Contractors
Prior to issuance
of Grading or
Building Permits
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Review plan submitted by
Project Applicant and
Contractors to ensure that the
project contractor implements
measures to reduce particulate
mater emissions from
construction equipment during
construction.

Once

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Packet Pg. 130 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 4 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency includes CARB-certified Level 3
verifiable diesel emission control devices
that altogether achieve a minimum 87
percent reduction in particulate matter
exhaust in comparison to uncontrolled
equipment, or use alternatively fueled
equipment or electric equipment;
And provide line power to the site during
the early phases of construction to
minimize the use of diesel-powered
stationary equipment, such as generators;
And cranes, air compressors, and welders
shall be powered by electricity or
alternative fuel, or
2) The applicant may develop a separate
feasible plan that reduces on- and near-site
construction diesel particulate matter
emissions by a minimum of 87 percent or
greater. Such a plan would have to be
reviewed and approved by the City.

BIOLOGICAL RESOURCES
MM BIO-1.1: Avoidance: the project applicant
shall schedule demolition and construction
activities that may directly or indirectly affect
protected species to avoid the nesting season.

The nesting season for most birds, including
most raptors in the San Francisco Bay area,
extends from February 1st through August 31st
(inclusive), as amended.

MM BIO-1.2: Nesting Bird Surveys: If it is not
Project applicant
and contractors
Prior to any tree
removal and
issuance of
Demolition or
Grading Permit
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Verify pre-construction surveys
Submittal of a report indicating
the results of the survey and any
designated buffer zones to the
satisfaction of the City of East
Palo Alto Planning Manager
All measures will be printed on
Once or if
active nests are
found, periodic
monitoring and
reporting until
fledglings have
left the nest

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Packet Pg. 131 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 5 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency possible to schedule demolition and construction
that may directly or indirectly affect protected
species between September 1st and January 31st
(inclusive), pre-construction surveys for nesting
birds shall be completed by a qualified
ornithologist to ensure that no nests shall be
disturbed during project implementation. This
survey shall be completed no more than 14 days
prior to initiation of construction activities
during the early part of the breeding season
(February 1st through April 31st inclusive) and no
more than 30 days prior to the initiation of these
activities during the late part of the breeding
season (May 1st through August 31st inclusive).

During this survey, the ornithologist shall inspect
all trees and other possible nesting habitats
immediately adjacent to the construction areas
for nests.

MM BIO-1.3: Buffer Zones: If an active nest is
found sufficiently close to work areas to be
disturbed by construction, the ornithologist, in
consultation with the California Department of
Fish and Wildlife, shall determine the extent of a
construction free buffer zone to be established
around the nest, typically 250 feet, to ensure that
raptor or migratory bird nests shall not be
MM BIO-1.4: Reporting: Prior to any tree
removal, or approval of any grading permits,
(whichever occurs first), the ornithologist shall
submit a report indicating the results of the
survey and any designated buffer zones to the
satisfaction of the City’s Director of Community
and Economic Development or the Director’s
the project plans prior to
issuance of permits.

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Packet Pg. 132 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 6 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency designee.

MM BIO-4.1: Prior to issuance of building
permits, the project shall reduce the amount of
glazing (i.e., windows or reflective surfaces) to
the extent feasible on the southern façade of the
proposed office building and treat all remaining
glass on the southern façade with bird-safe
glazing treatments.

Project applicant Prior to issuance
of building
permits.

Oversight of
implementation by
the City’s Planning
Division and
Building Division
Verify glazing reduced to the
extent possible and bird-safe
treatment applied to the
remaining glass.

Submittal of plans showing
reduced glazing and/or
information on bird-safe glazing
treatment proposed for
remaining windows to the
satisfaction of the City of East
Palo Alto Planning Manager
Once prior to
building permit
issuance

CULTURAL RESOURCES
MM CUL-2.1: Prior to issuance of grading or
demolition permits, the project applicant shall
retain a qualified archaeologist and Native
American cultural resources monitor from
Tamien Nation. The qualified archaeologist shall
conduct subsurface borings within the southern
section of the project site where the three levels
of underground parking is proposed. The Native
American cultural resources monitor shall be on
site to monitor ground disturbing activities
including soil borings. Soil borings shall be
conducted where anticipated deep disturbances
are proposed, away from the existing single-story
underground parking. Boring locations shall be
placed between 50 and 75 meters apart
depending on the size of the area to be explored.

Project applicant
and contractors
Prior to grading
and demolition
permits and
during grounddisturbing
activities
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Await notification from project
applicant if archaeological
resources are encountered during
soil borings, and subsequent
grading or excavation
Prepare research design and
treatment plan to determine
appropriate mitigation and/or
data recovery if necessary
Once prior to
grading and
building permit
issuance
When
resources are
encountered,
provide an
evaluation
report

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Packet Pg. 133 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 7 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency At least one boring shall sample the entire
proposed impacts depth to provide a comparison
of the stratigraphy to the previous nearby coring
samples. At least 7 meters of undisturbed native
soils shall be sampled below the fill if that can be
completed within the proposed depth of impacts.

Boring sample depths should be adjusted
depending on findings of similar soils or missing
layers. Samples from the three layers most likely
to have archaeological resources shall be
screened by a qualified archaeologist to
determine if cultural materials are present.

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Packet Pg. 134 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 8 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency Native American in origin, a Native
American monitor shall be present during all
archaeological testing.

MM CUL-2.2: Prior to issuance of the
Grading Permit, the project applicant shall
submit evidence that an Archaeological
Cultural Resources Awareness Training was
held prior to ground disturbance. The
training shall be facilitated by the project
archaeologist in coordination with a Native
American representative from Tamien
Nation, registered with the Native American
Heritage Commissions, for the City of East
Palo Alto and that is traditionally and
culturally affiliated with the geographic area
as described in Public Resources Code
Section 21080.3
MM CUL-2.3: In the event that buried, or
previously unrecognized archaeological
deposits or materials of any kind are
inadvertently exposed during construction
activity, work within 50 feet of the find shall
cease until a qualified archaeologist can
assess the find and provide
recommendations for further treatment, if
warranted. Construction and potential
impacts to the area(s) within a radius
determined by the archaeologist shall not
recommence until the assessment is
complete.

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Packet Pg. 135 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 9 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency MM CUL-3.1: If human remains are
encountered as a result of construction activities,
all work in the vicinity shall be halted and the
County Coroner contacted. In the event that the
County Coroner determines that the human
remains are Native American, notification of the
Native American Heritage Commission (NAHC)
is required, who shall appoint a Most Likely
Descendant (MLD) (PRC Section 5097.98). The
qualified archaeologist, project sponsor, and
MLD shall make all reasonable efforts to
develop an agreement for the treatment, with
appropriate dignity, of human remains and
associated or unassociated funerary objects
(CEQA Guidelines Section 15064.5(d). The
agreement shall incorporate ‘best practices’ as
identified by the state NAHC. A final report
shall be prepared by the project archaeologist in
consultation with the MLD and approved by the
City of East Palo Alto. Work on the project may
proceed upon City approval.

Project applicant
and contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Coroner will notify the NAHC
to identify the MLD
The City of East Palo Alto (in
consultation with the MLD) will
then develop and implement a
plan for treatment, study, and
reinternment of the remains.

When
resources are
encountered

GEOLOGY AND SOILS
MM GEO-6.1: If paleontological resources are
encountered during grading or excavation, all
construction activities within 50 feet shall stop
and the City of East Palo Alto Director of
Community and Economic Development shall be
notified. A qualified paleontologist shall inspect
the findings within 48 hours of discovery. If it is
determined that the proposed development could
damage unique paleontological resources,
mitigation shall be implemented in accordance
with Public Resources Code Section 21083.2 and
Section 15126.4 of the CEQA Guidelines.

Project applicant
and contractors

During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Await notification from project
applicant if paleontological
resources are encountered during
grading or excavation
Determine appropriate
mitigation and/or data recovery
When
resources are
encountered

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Packet Pg. 136 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 10 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency Possible mitigation under Public Resources Code
Section 21083.2 requires that reasonable efforts
be made for resources to be preserved in place or
left undisturbed. If preservation in place is not
feasible (e.g., planning construction activities to
avoid paleontological sites, incorporating sites
into parks and other open spaces, covering sites
with stable soils, and deeding the site into a
permanent conservation easement) data recovery
through excavation shall be conducted by a
qualified paleontologist with a data recovery
plan in place.
if necessary

NOISE AND VIBRATION
MM NOI-1.1: The project applicant shall
prepare a construction noise logistics plan for
review and approval by the Department of Public
Works prior to issuance of grading and/or
demolition permits on the project. The
construction noise logistics plan shall include,
but not be limited to, the following measures to
reduce construction noise to less than significant
levels:
• Limit construction activity to weekdays
between 7:00 a.m. and 7:00 p.m.1 and
Saturdays between 9:00 a.m. and 7:00
p.m. Prohibit construction on Sundays
and holidays;
• Utilize "quiet" models of air
compressors and other stationary noise
sources where such technology exists;
• Equip all internal combustion engineProject applicant and contractors
Prior to issuance
of grading and/or
demolition
permits
Oversight of
implementation by
the City’s Planning
Division and
Building Division
Review and verify construction
noise logistics plan includes
required measures to reduce
construction noise logistics plan
to less than significant levels.

All measures will be printed on
the project plans prior to
issuance of permits.

Review mechanical noise report
to verify proposed mechanical
equipment would not exceed the
City’s 55 dBA L50 daytime
exterior limit and 50 dBA L50
nighttime exterior limit at the
Once at
approval and as
needed during
construction
1 Excepting haul and truck deliveries between 7:00 and 10:00 pm.

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Packet Pg. 137 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 11 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency driven equipment with mufflers, which
are in good condition and appropriate for
the equipment;
• Locate all stationary noise-generating
equipment, such as air compressors and
portable power generators, as far away
as possible from adjacent land uses;
• Locate staging areas and construction
material areas as far away as possible
from adjacent land uses;
• Prohibit all unnecessary idling of
internal combustion engines;
• Construct solid eight- to 10-foot-tall
plywood fences along the construction
site boundaries with direct line-of-sight
to noise-sensitive receptors.

Constructing temporary noise barrier
fences to shield these receptors would
provide a five dBA noise reduction if the
noise barrier interrupts the line-of-sight
between the noise source and receptor
and if the barrier is constructed in a
manner that eliminates any cracks or
gaps.
• Where feasible, limit the quantity of
equipment operating simultaneously to
10 pieces of equipment or less.
• The applicant shall designate a
“disturbance coordinator” who would be
responsible for responding to local
complaints about construction noise. The
disturbance coordinator will determine
the cause of the noise complaint (e.g.,
starting too early, bad muffler, etc.) and
will require that reasonable measures
nearest residential property lines
or specific noise reduction
measures would be applied to
comply with the City’s exterior
noise limits.

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Packet Pg. 138 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 12 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency warranted to correct the problem are
implemented.
• Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
notice sent to neighbors regarding the
construction.

MM NOI-1.2: Prior to issuance of building
permits, project mechanical equipment shall be
selected and designed to reduce impacts on
surrounding uses and meet the City’s exterior
and interior noise level requirements. A qualified
acoustical consultant shall be retained by the
project applicant to review mechanical noise as
the equipment systems are selected to determine
As needed
during
construction
Once at
approval and as
needed during
construction

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Packet Pg. 139 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 13 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency specific noise reduction measures necessary to
reduce noise to comply with the City’s 55 dBA
L50 daytime exterior limit and 50 dBA L50
nighttime exterior limit at the nearest residential
property lines. Noise reduction measures could
include, but are not limited to, selection of
equipment that emits low noise levels and/or
installation of noise barriers, such as enclosures
and parapet walls to block the line-of-sight
between the noise receptors. Alternate measures
may include locating equipment in less noisesensitive areas.

NOI-2.1: The proposed project shall incorporate
the following measures during project
construction:
• Limit vibration-inducing equipment.
• Use of the heavy vibration-generating
construction equipment shall be prohibited
within 20 feet of existing on-site buildings.
• Use of smaller equipment to minimize
vibration levels below the limits near
existing on-site buildings shall be required.
• Modify/design or identify alternative
construction methods to reduce vibration
levels below the limits.
• Avoid dropping heavy objects or materials.

Project applicant
and contractors
During
construction
Oversight of
implementation by
the City’s Planning
Division and
Building Division
All measures will be printed on
the project plans prior to
issuance of permits.

Once at
approval and as
needed during
construction

TRANSPORTATION AND TRAFFIC
MM TRA-1.1: Prior to issuance of grading
and/or demolition permits for the project, the
project applicant shall develop and submit to the
Director of Community Development for review
Project applicant Prior to issuance
of grading or
building permit
Oversight of
implementation by
the City’s Planning
Division and
Review enhanced TDM program
and verify that required
measures are implemented.

Once, prior to
issuance of
grading or
building permit

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Packet Pg. 140 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 14 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency and approval an enhanced TDM program
demonstrates a reduction in project VMT to 15
percent below the Citywide average home-based
work trip VMT.2 The enhanced TDM program
shall include the following measures:
• Expand University Circle Caltrain
shuttle to meet more trains before 7 a.m.,
between 10 a.m. and 12 p.m., and after
6:30 p.m.,3
• Add a University Circle last-mile4
shuttle connection for Dumbarton
Express riders,
• Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

Building Division
Source: City of East Palo Alto. University Circle Phase II Office Project Final EIR. March 2022. 2 Chapter 10.32 of the Municipal Code was amended on June 1, 2021 requiring nonresidential developments approved after January 1, 2022, to achieve a 40 percent reduction in daily vehicle trips.
3 Consistent with the findings of the 2019 UC Commute Survey as shown in Appendix H to the EIR, expansion of shuttle service during these hours would better serve the over 20% of respondents who arrive at the UC Campus before 7 AM or after 10 AM and about 14% who leave after 6:30 PM, which are outside the existing shuttle hours. 4 Last mile refers to the beginning or end of an individual trip made primarily by public transportation. Source: Intelligent Mobility Xperience. “The first and last-mile: the problem and the solution.” Accessed March 25, 2021. https://www.intelligent-mobility-xperience.com/the-first-and-last-mile-the-problem-and-the-solutions-a-917862/

8.1.a
Packet Pg. 141 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) ATTACHMENT C: PUBLIC ACCESS LICENSE AGREEMENT

8.1.a
Packet Pg. 142 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

551\94\3279467.2

PEDESTRIAN ACCESS

LICENSE AGREEMENT
This Pedestrian Access License Agreement (the “Agreement”) is made as of [________], 2022 (“Effective Date”), by and between COLUMBIA REIT - UNIVERSITY CIRCLE, LP, a Delaware Limited Partnership (“Licensor”), and the CITY OF EAST PALO ALTO, a California Municipal Corporation, (“Licensee”).

RECITALS
A. Licensor is the owner of that certain real property consisting of approximately 11.84 acres of land commonly referred to as 1900, 1950 and 2000 University Circle in the City of East Palo Alto, bearing the APNs #063-680-020, 063-680-100, 063-680-130, 063-680-150, 063-680- 190 (“Property”).

B. Licensor has submitted applications to Licensee to redevelop an existing 97,659 square foot surface parking lot located in the southern portion of the Property with an approximately 180,000 square foot office building with net increase of approximately 400 new structured parking spaces and approximately 12 new surface parking spaces, an approximately 2,800 square foot space along with an exclusive patio dedicated for community use, and water flow and pressure enhancements to ensure adequate fire suppression measures. (“Project”). The Project also includes improved pedestrian access into and across the Property.

C. Licensee desires to obtain a license for pedestrian access so that members of the public may travel through and across a portion of the Property on foot (the “Licensed Purpose”).

That portion of the Property granted to Licensee for the Licensed Purpose is referred to herein as the “License Area” and is depicted on Exhibit A to this Agreement.

D. Subject to the terms of this Agreement, Licensor is willing to grant to Licensee a right to use the License Area for the Licensed Purpose pursuant to the terms and conditions set forth in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants, terms and conditions set forth in this Agreement, the Parties agree as follows:

1. Limited Grant of License. Licensor hereby grants to Licensee and the general public (each a “User” and collectively, the “Users”), a non-exclusive license (the “License”) to enter upon the License Area solely for the Licensed Purpose, subject to all matters of record affecting the License Area, on the terms and conditions set forth in this Agreement. Nothing in this Agreement shall give Users the right, without prior written consent of Licensor, to engage in any activity in the License Area other than the Licensed Purpose, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures or other goods or services; (iii) sleeping or staying overnight; (iv)

8.1.a
Packet Pg. 143 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Licensor reasonably deems to be inconsistent with other uses on the Property or with the use of the License Area by other Users for the Licensed Purpose, such as excessive noise or boisterous activity, public intoxication, or the placement of personal effects in the License Area.

Licensor shall retain the right to cause persons engaging in such conduct to be removed from the Property. Should any such persons refuse to leave the Property, they may be deemed by Licensor to be trespassing and Licensor may contact local law enforcement to request that appropriate law enforcement actions be taken pursuant to Penal Code Section 602. Licensor shall be entitled to establish and post rules and regulations for the use of the License Area consistent with the foregoing. Nothing in this Agreement shall be deemed to mean that the License Area is a public park or subject to the legal requirements applicable to a public park or other public space.

2. Term of License. The term (“Term”) of this License shall be effective upon issuance of a Certificate of Occupancy for the Project (the “Start Date”) and shall continue in effect until such time as any one of the events described in Section 5 below—Right to Terminate License—occurs.

3. No Gift or Dedication. The License Area shall remain the private property of Licensor with members of the public having only a license to occupy and use the License Area in a manner consistent with this Agreement. Nothing contained herein shall be deemed to be a gift or dedication of any portion of License Area to or for the general public or to Licensee, it being the intention of Licensor that the License granted herein shall be strictly limited to and for the purposes herein expressed.

4. Users’ Assumption of Risk. Licensor makes no representations or warranties whatsoever, under this Agreement with respect to the physical condition of the License Area and Licensor shall have no responsibility under this Agreement with respect thereto. The use of the License granted herein shall be with the License Area in its “AS IS” physical condition. Licensor shall not be responsible to Users for any defect or change in conditions in the License Area, for any damage occurring thereto or for the existence of any violation of any Applicable Law. Users will use the License Area at their sole risk. Licensor will not be liable for personal injury to or death of any person or persons (including any User) or for any damage to the property of any person (including that of any User) resulting from any User’s exercise of the License.

5. Right to Terminate. Licensor shall have the right to terminate this License if any one of the following events occur: (i) any portion of the Property, including the License Area, is repeatedly used in excess of the Limited Grant of License as set forth above in Section 1 and such excess has not been cured in accordance with Section 10; (ii) any Portion of the Property, including the License Area, is repeatedly used in a manner that does not comply with the License Laws as further detailed and defined in Section 6 below and such non-compliant use has not been cured in accordance with Section 10; or (iii) any portion of the Property, including the License Area, becomes the subject of an application for redevelopment (“Application for Redevelopment”) and such Application for Redevelopment is approved by the City and the first permit is issued (e.g. demolition, grading, etc.). For purposes of this Agreement, Application for Redevelopment shall mean any application submitted to the City of East Palo Alto for a change in use of any portion of the Property, including the License Area.

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Packet Pg. 144 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

6. Use of License; Compliance with Laws. The use of the License Area by Users shall at all times be consistent with the Licensed Purpose and be conducted in compliance with all applicable city, state, and federal laws, regulations and the following rules (collectively, “ License Laws”):
(a) Licensor may limit access to and use of the License Area between the hours of 10:00 p.m. through 5:00 a.m., and as specified in Section 7.
(b) Users use of the License Area shall be in such a manner as not to interfere with or obstruct (i) any portion of the Property including the License Area, and (ii) any business operations or other activities being conducted by the Licensor or its permittees on the Property.
(c) No person shall assemble, collect or gather on the License Area in a manner that impedes the free passage or use by pedestrians.
(d) Bicycles, roller skates, scooters, skateboards, and similar modes of transportation shall be walked through the License Area in accordance with the Licensed Purpose, which only authorizes pedestrian access through and across the License Area by members of the public.
(e) No person shall enter, remain, stay, or camp in the License Area when it is closed to the public.

7. Temporary Closure. Licensor shall have the right, without obtaining the consent of the Licensee (with the exception of any City requirement to obtain a permit to perform any work), to temporarily close the License Area to Users from time to time for one of the following two reasons. Licensor shall post notice setting forth the reason for and the scheduled duration of the closure at the major entrances to the License Area, except in emergency situations. (a) Licensor may temporarily close the License Area in the event of a risk to the public health or safety created by causes including but not limited to flood, storm, fire, earthquake or other natural disaster, explosion, accident, criminal activity, riot, civil disturbances, civil unrest or unlawful assembly.
(b) Licensor may temporarily close that portion of the License Area as is necessary to undertake repair and maintenance activities of the License Area in order to make any such necessary repairs and maintenance.

8. Maintenance. As set forth in Section [X] above, the License granted herein shall be with the License Area in its “AS IS” physical condition. Licensor represents that it will maintain the License Area in the same or better condition in which the Licensed Area exists as of the Start Date and through the Term of License.

9. Insurance. Licensor represents that it maintains a General Liability Policy of insurance appropriate for the uses existing on the Property as of the Start Date, as specified in Exhibit B. Licensor further represents that it will maintain the foregoing policy of insurance throughout the Term of this Agreement.

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Packet Pg. 145 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

10. Remedies, Notice and Cure. In the event Licensee or any User breaches any provision of this Agreement, Licensor shall give Licensee written notice setting forth such breach in reasonable detail and Licensee must, within thirty (30) days after receiving such notice, cure the breach, or if not possible to cure within thirty (30) days, have commenced such cure and shall diligently prosecute such cure to completion. If Licensee does not cure within the applicable time period, the breach shall constitute a default and Licensor may terminate this Agreement in accordance with Section 5 and shall have all rights available at law and in equity.

11. Approvals. Each of the parties hereby represents and warrants that its execution of this Agreement has been duly authorized by all necessary corporate or other action and constitutes a valid and binding obligation of said party.

12. Notices. Any payment or notice provided for herein or otherwise required to be given hereunder shall be given by overnight courier, registered mail, certified United States mail, or first class U. S. mail, postage prepaid, addressed to the other party as follows:

If to Licensee: City Manager
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
With a copy to: City Attorney
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303

If to Licensor: David S. Dowdney
Senior Vice President
Columbia Property Trust
650 California Street, Suite 200
San Francisco, CA 94108
With copy to : Sigrid R. Waggener, Esq.

Manatt, Phelps & Phillips, LLP
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Any notice or payment mailed as provided herein shall be deemed received two (2) days after the date it is postmarked and mailed as provided in this Agreement. Either party may change its address by providing written notice of same to the other as provided in this Section.

11. Assignment, Successors and Assigns. This Agreement may not be assigned except in the event the Property is transferred, in which event this License shall continue to remain in full force and effect and any such transferee shall be bound by the terms of this License. Prior to any transfer of the Property or any portion thereof, Licensor shall provide the transferee with notice of the existence of this License and shall provide notice to the Licensee of the transfer including a

8.1.a
Packet Pg. 146 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) copy of a fully executed assignment and assumption agreement whereby the transferee assumes all of Licensor's rights and obligations under this License.

12. Severability. If any clause, sentence, or other portion of this Agreement becomes illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect.

13. Limited Indemnification. Licensor shall indemnify Licensee for any claims, demands or actions in law or equity arising from the gross negligence, intentional acts or willful misconduct of Licensor in Licensor’s performance under this this Agreement. Neither Licensor nor Licensee shall be obligated to indemnify the other for any claims, demands, or actions in law or equity arising from or alleged to have arisen from any aspect of this of this Agreement other than the gross negligence, intentional acts, willful misconduct of Licensor in Licensor’s performance under this this Agreement.

14. Miscellaneous. This Agreement represents the full, complete and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements on the same subject. Any modification of this Agreement must be in writing and signed by both parties. Any waiver of a provision of this Agreement by a party must be in writing. The parties may sign this Agreement in counterparts. The signature pages from the separately signed counterparts may be attached to one copy of this Agreement to form a single document. This Agreement shall be construed and interpreted and governed by and in accordance with the local law of the State of California without reference to any choice of law rules or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction. If a court of competent jurisdiction holds that any provision of this Agreement is invalid or unenforceable, the remaining provisions of this Agreement will continue in full force.

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives on the date first above written.

LICENSOR
By:_______________________________
Its:_______________________________

LICENSEE
By:_______________________________
Its:_______________________________

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Packet Pg. 147 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

551\94\3279467.2

EXHIBIT A

LICENSE AREA

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Packet Pg. 148 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

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Packet Pg. 149 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II)

EXHIBIT B

INSURANCE REQUIREMENTS
A. Commercial General Liability Insurance: Licensor’s General Liability insurance shall include contractual liability coverage. Licensor shall take out and maintain during the life of this License such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Licensor’s operations under this License, whether such operations be by Licensor or by any sub-Licensor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000), in aggregate or Two Million Dollars ($2,000,000) combined single limit bodily injury and property damage for each occurrence.

B. Additional Insured Status: The City of East Palo Alto shall be named as an additional insured on any such policies of comprehensive general liability insurance.

C. Verification of Coverage: Licensor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

D. Notice of Cancellation: Licensor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

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Packet Pg. 150 Attachment: Resolution, Required Findings and Conditions of Approval (2230 : University Circle Phase II) 1 CEQA FINDINGS OF FACT

UNIVERSITY CIRCLE PHASE II OFFICE PROJECT

EAST PALO ALTO, CALIFORNIA

FINAL ENVIRONMENTAL IMPACT REPORT
STATE CLEARINGHOUSE NO. 2020060144

1.0 INTRODUCTION

1.1 PURPOSE
This CEQA Findings of Fact document addresses the environmental effects associated with the proposed University Circle Phase II (proposed project or project) located at 1900 - 2050 University Circle in the City of East Palo Alto, San Mateo County, California. These findings are made pursuant to the California Environmental Quality Act (CEQA) under Sections 21081 and 21081.6 of the Public Resources Code and Section 15091 of the CEQA Guidelines, Title 14. Cal Regs. 15000, et. seq. The potentially significant impacts were identified in both the Draft Environmental Impact Report (EIR) and the Final EIR, as well as additional facts found in the complete record of proceedings.

Public Resources Code 21081 and Section 15091 of the CEQA Guidelines require that the lead agency prepare written findings for identified significant impacts, accompanied by a brief explanation for the rationale for each finding. The City of East Palo Alto (City) is the lead agency responsible for the preparation of the EIR in compliance with CEQA and the CEQA Guidelines.

Section 15091 of the CEQA Guidelines states, in part, that:
a. No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.
2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

In accordance with Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, whenever significant impacts cannot be mitigated to a level below significance, the lead agency is required to balance, as applicable, the benefits of the proposed project against

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Packet Pg. 151 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 2 its unavoidable environmental risks when determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." In that case, the decision-making agency may prepare and adopt a Statement of Overriding Considerations, pursuant to the CEQA Guidelines.

Section 15093 of the CEQA Guidelines states that:
a. CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable."
b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. As required by CEQA, the City, in adopting these findings, also adopts a Mitigation Monitoring and Reporting Program for the project. The City finds that the Mitigation Monitoring and Reporting Program, which is incorporated by reference and made a part of these findings, meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the project.

The Final EIR for the project identified potentially significant effects that could result from project implementation. However, the City finds that the inclusion of certain mitigation measures as part of the project approval will reduce all of those effects to less than significant levels.

In accordance with CEQA and the CEQA Guidelines, the City adopts these findings as part of its certification of the Final EIR for and approval of the project. Pursuant to Section 21082.1(c)(3) of the Public Resources Code, the City also finds that the Final EIR reflects the City’s independent judgment as the lead agency for the project.

1.2 SUMMARY OF PROJECT DESCRIPTION
The proposed project would redevelop the existing 97,659-square-foot landscaped surface parking lot located in the southern portion of the project site with an approximately 180,000- square-foot office building above three levels of below-grade parking. As described in further detail below, the project also includes a community room for community use, parking for adjacent residences until completion of the Woodland Park Apartments expansion project, improved site pedestrian access, an easement for planned pedestrian improvements in the project area, and a fire water tank and pump to serve the proposed office building.

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Packet Pg. 152 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 3 The proposed project is consistent with the development standards for the site as outlined in the East Palo Alto Zoning Code and General Plan including those policies specific to the Westside Plan area. Consistency with these plans is discussed in detail in Section 4.11, Land Use and Planning.

1.2.1 Office Building
The new office building would be six-stories tall with a maximum height of 109 feet (including mechanical screen) and would include three levels of below-grade parking. The ground level of the office building would include an entry lobby, men’s and women’s bathrooms with showers, tenant office space, and approximately 2,940 square feet of indoor community space and a 1,000-square-foot patio for community use. The remaining five floors would be dedicated to office space for commercial tenants. One 162-kW diesel powered emergency generator would provide back up power to the proposed office building and would be located on the southwestern boundary of the project site adjacent to Manhattan Avenue.

1.2.2 Site Access and Parking
Vehicular access to the project site is currently provided via University Circle, Woodland Avenue, and Manhattan Avenue. University Circle is a private road extending north into the project site from Woodland Avenue and provides access to both surface and below-grade parking. Ingress and/or egress to the below-grade parking garage is currently provided via four ramps, two off of University Circle, one off of Manhattan Avenue, and one from the surface parking lot in the northwest corner of the site.

A total of 1,601 parking spaces are currently provided at the project site, including 849 spaces in the below-grade parking garage, 523 surface parking spaces, and 229 spaces in the abovegrade parking garage. The portion of the project site proposed to be redeveloped with an office building provides 99 surface parking spaces.

Under the proposed project, 99 surface parking spaces would be removed to accommodate the new office building. The proposed project would provide 14 vehicular surface parking spaces for the dedicated community space, as well as 513 vehicular parking spaces within the expanded three-level, below-grade parking garage. The project proposes a parking ratio of one space per 420 square feet (1:420) which is less than the City’s required parking ratio of one space per 300 square feet (1:300). As noted in Section 3.4, Uses of the EIR, the project is requesting a Conditional Use Permit for reduced parking per Municipal Code Section 18.30.050 (A). The first level of the new parking garage would be fully integrated into the existing parking garage. The project would replace the existing vehicle downward access ramp off of University Circle with a new ramp adjacent to the new office building to serve the expanded below-grade parking garage.

During project operations, above-grade vehicular circulation patterns would remain similar to existing conditions with the addition of a new ramp to the below-grade parking garage off of University Circle. Pedestrian access to the project site would be expanded to include a staircase off Manhattan Avenue and two access points off the new University Avenue sidewalk (one adjacent to the northeast corner of 1950 University Circle and the second at the proposed office building plaza). The new access points would provide a direct pedestrian connection through the project site from the Manhattan Avenue near the existing bus stop to the planned

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Packet Pg. 153 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 4 bike/pedestrian overcrossing of US 101. The sidewalk on Woodland Avenue adjacent to the proposed office building would be replaced with a new sidewalk separated from Woodland Avenue by a landscaping strip.

The proposed project would also incorporate a 186,000-gallon fire water tank and pump within the below-grade parking garage with capacity to serve the proposed project and offset existing deficiencies in the municipal fire flow for the Westside area.

Refer to Chapter 3.0, Project Description of the Draft EIR for a complete description of the proposed project and associated approvals.

1.3 PROJECT OBJECTIVES
CEQA states that the statement of project objectives should be clearly written and define the underlying purpose of the project, in order to permit the development of a reasonable range of alternatives and aid the Lead Agency in making findings.

The stated objectives of the project proponent are to:

1. Construct and operate an additional office building consistent with and in furtherance of applicable General Plan and Westside Plan goals and policies calling for the intensification of office uses at University Circle and additional build out of the original University Circle development project (refer to General Plan Land Use and Urban Design Policy 2.7 and Westside Plan Policy 4.6).

2. Expand University Circle development to create a larger office campus, which better aligns with and helps to achieve the City’s goals relating to growing its tax and employment base and improving its job-housing balance (refer to General Plan Land Use and Urban Design Goal 2).

3. Utilize the build-out and operation of the additional office space as an opportunity to further integrate the University Circle into the surrounding neighborhoods via enhanced bike and pedestrian connectivity between the Westside and Downtown East Palo Alto, and along the Westside generally (refer to General Plan Westside Area Plan Policies

4.6, 7.6).

4. Utilize the build-out and operation of the additional office space as an opportunity enhance the look of one of the City’s nonresidential areas and improve local traffic and circulation through implementation of an enhanced TDM program and other offsite voluntary traffic improvements (refer to General Plan Westside Area Plan Goal W-9).

5. Use the development of a new office building as the catalyst to re-energize and modernize the University Circle campus as a more active and community-oriented space for East Palo Alto’s residents. Examples include the ground floor indoor/outdoor

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Packet Pg. 154 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 5 community room, a public art plaza and ongoing curation of annual community events and the farmer’s market (refer to General Plan Westside Area Plan Policy 4.6, 8.4).

1.4 ENVIRONMENTAL REVIEW PROCESS
Notice of Preparation: In accordance with the requirements of CEQA and the CEQA Guidelines, to determine the number, scope and extent of environmental issues, the Notice of Preparation (NOP) of the Draft Environmental Impact Report was circulated for public review for a period of 30 days, beginning on June 8, 2020 and ending on July 8, 2020. The City also held a public scoping meeting on June 22, 2020 to discuss the project and solicit public input as to the scope and contents of this EIR. Due to local and statewide shelter in place directives resulting from the COVID-19 pandemic, the City of East Palo Alto held the public scoping meeting online consistent with Public Resources Code §§ 21080.4(b) and 21083.9 in lieu of a public gathering.

Appendix A of the Draft EIR includes the NOP and comments received on the NOP.

Draft EIR: In accordance with the requirements of CEQA and the CEQA Guidelines, a Draft EIR was prepared to address the potential significant environmental effects associated with the proposed project identified during the NOP process. The Draft EIR was released for public and agency review for a 45-day period, from November 5, 2021 to December 20, 2021. During the Draft EIR public review period, the City received five comment letters.

Final EIR: Section 15088 of the CEQA Guidelines requires that the Lead Agency responsible for the preparation of an EIR evaluate comments on environmental issues and prepare a written response addressing each of the comments. The intent of the Final EIR is to provide a forum to address comments pertaining to the information and analysis contained within the Draft EIR, and to provide an opportunity for clarifications, corrections, or minor revision to the Draft EIR as needed.

The Final EIR assembles in one document all of the environmental information and analysis prepared for the proposed project, including comments on the Draft EIR and responses by the City to those comments.

Pursuant to Section 15132 of the State CEQA Guidelines, the Final EIR for the project consists of the following:
a. The Draft EIR, including all of its appendices; and
b. The Response to Comments document, which includes: a short description of the environmental review process, the comments that were received on the Draft EIR and responses to those comments, and minor text revisions made to the Draft EIR in response to the comments received and/or to amplify or clarify material in the Draft.

2.0 CEQA FINDING OF INDEPENDENT JUDGEMENT
The Final EIR reflects the City’s independent judgment. The City has exercised independent judgment in accordance with Public Resources Code 21082.1(c)(3) in retaining its own

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Packet Pg. 155 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 6 environmental consultant in the preparation of the EIR, as well as reviewing, analyzing and revising material prepared by the consultant.

Having received, reviewed, and considered the information in the Final EIR, as well as any and all other information in the record, the City hereby makes findings pursuant to and in accordance with Sections 21081, 21081.5, and 21081.6 of the Public Resources Code.

3.0 FINDINGS OF FACT

3.1 ENVIRONMENTAL EFFECTS OF THE PROJECT WHICH ARE CONSIDERED

UNAVOIDABLE SIGNIFICANT IMPACTS
Based on information in the Final EIR and substantial evidence in the record, the City finds that no environmental impact associated with the proposed project has been determined to be significant and unavoidable under Section 15093 of the CEQA Guidelines, and therefore no statement of overriding considerations is required to be issued by the City.

3.2 ENVIRONMENTAL EFFECTS EVALUATED IN THE FINAL EIR WHICH CAN BE

AVOIDED OR SUBSTANTIALLY LESSENED TO LESS THAN SIGNIFICANT LEVELS

WITH IMPLEMENTATION OF THE IDENTIFIED MITIGATION MEASURES This section identifies significant adverse impacts of the project that require findings to be made pursuant to Section 21081 of the Public Resources Code and Section 15091 of the CEQA Guidelines. Based on information in the Final EIR, the City finds that, based upon substantial evidence in the record, adoption and implementation of the mitigation measures set forth below will reduce the identified significant impacts to less than significant levels. Based on the analysis contained in the Final EIR, the following impacts have been determined to be impacts that can be reduced to less-than-significant levels with implementation of the mitigation measures set forth below:
• Impact AIR-2: Ground disturbing activities associated with project construction could generate fugitive dust emissions.
• Impact AIR-3: Construction exhaust emissions associated with the proposed project would result in TAC concentrations above the BAAQMD single source thresholds. • Impact BIO-1: Project construction could result in incidental loss of fertile eggs or nestlings or otherwise lead to nest abandonment, resulting in a significant impact to nesting birds.
• Impact BIO-4: The project would result in significant impacts to the movement of native birds due to increased risk of bird collision resulting from the design, orientation, and reflective façade treatment of the proposed office building. • Impact CUL-2: Ground Disturbing Activities Associated with project construction could disturb previously unrecorded archaeological resources. • Impact CUL-3: Ground disturbing activities associated with project construction could disturb human remains interred outside of dedicated cemeteries. • Impact GEO-6: Ground disturbing activities associated with project construction could disturb currently unrecorded paleontological resources or a unique geologic feature.

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Packet Pg. 156 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 7 • Impact NOI-1.1: Non-exempt construction activities would occur within 500 feet of the nearest residential use and within 200 feet of the nearest commercial use for a period of more than 12 months, exceeding the City’s Municipal Code thresholds for construction noise levels at these receptors
• Impact NOI-1.2: Noise generated by project HVAC equipment could exceed the City’s Municipal Code threshold for exterior noise levels at the nearest residential property line. • Impact NOI-2: Construction-related vibration levels at the existing office buildings on-site would be up to 1.233 in/sec PPV, which would exceed the 0.3 in/sec PPV threshold. • Impact TRA-1: The proposed project would generate a VMT of 13.2 percent below the citywide average home-based work trip VMT, exceeding the City’s threshold of 15 percent below the citywide average home-based work trip VMT.

3.2.1 Air Quality
Impact AIR-2: Ground disturbing activities associated with project construction could generate fugitive dust emissions.

Mitigation Measure AIR-2: During construction period ground disturbance, the project contractor shall implement the following measures recommended by BAAQMD to control dust and exhaust:
• Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day at a frequency adequate to maintain minimum soil moisture of 12 percent.
• Haul trucks transporting soil, sand, or other loose material off-site shall be covered. • Visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweeps at least once per day. The use of dry power sweeping is prohibited.
• Vehicle speeds on unpaved surfaces shall be limited to 15 miles per hour (mph) • 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.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be posted for construction workers at all access points. • 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. • Post a publicly visible sign with the telephone number and contact at the City of East Palo Alto regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be included to ensure compliance with applicable regulations.
• Excavation, grading, and/or demolition activities shall be suspended when average wind speed exceeds 20 miles per hour (mph) and visible dust extends beyond site boundaries.

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Packet Pg. 157 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 8 • Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have at minimum of 50 percent air porosity.
• Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
• The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. • Avoid tracking visible soil material on to public roadways by employing the following measures if necessary: (1) treat site access to a distance of 100 feet from public paved roads with a six to 12-inch compacted layer of wood chips, mulch, or gravel and (2) washing truck tires and construction equipment prior to leaving the site. • Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent.

Findings for Impact AIR-1: Mitigation Measure AIR-2 requires the project to implement measures recommended by BAAQMD to control dust and exhaust. The purpose of this mitigation measure is to ensure construction associated with the proposed project is consistent with recommendations in the BAAQMD CEQA Guidelines for providing best management practices to control construction emissions and would reduce on-site fugitive dust emissions.

Implementation of the identified mitigation measure would reduce the impact to a less-thansignificant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on air quality, including potential impacts to air quality standards established by the BAAQMD.

AIR-3: Construction exhaust emissions associated with the proposed project would result in TAC concentrations above the BAAQMD single source thresholds.

Mitigation Measure AIR-3.1: The project shall develop a plan demonstrating either of the following options:
1) All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emissions standards for particulate matter (PM10 and PM2.5), if feasible, or
If use of Tier 4 equipment is not feasible, use equipment that meets the U.S. EPA emissions standards for Tier 3 engines and includes CARB-certified Level 3 verifiable diesel emission control devices that altogether achieve a minimum 87 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment, or use alternatively fueled equipment or electric equipment;
And provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment, such as generators; And cranes, air compressors, and welders shall be powered by electricity or alternative fuel, or

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Packet Pg. 158 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 9 2) The applicant may develop a separate feasible plan that reduces on- and near-site construction diesel particulate matter emissions by a minimum of 87 percent or greater.

Such a plan would have to be reviewed and approved by the City.

Findings for Impact AIR-3.1: Mitigation Measure AIR-3.1 requires the project to develop a plan that reduces on-and near-site construction diesel particulate matter emissions through use of construction equipment that meets U.S. EPA and CARB emission standards or through an alternate plan that reduces construction diesel particulate matter emissions by a minimum of 87 percent. The purpose of this mitigation measure is to ensure sensitive receptors would not be exposed to airborne particulates in excess of BAAQMD single source thresholds.

3.2.2 Biological Resources
Impact BIO-1: Project construction could result in incidental loss of fertile eggs or nestlings or otherwise lead to nest abandonment, resulting in a significant impact to nesting birds.

Mitigation Measure BIO-1.1: Avoidance: the project applicant shall schedule demolition and construction activities that may directly or indirectly affect protected species to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive), as amended.

Mitigation Measure BIO-1.2: Nesting Bird Surveys: If it is not possible to schedule demolition and construction that may directly or indirectly affect protected species between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation.

This survey shall be completed no more than 14 days prior to initiation of construction activities during the early part of the breeding season (February 1st through April 31st inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests.

Mitigation Measure BIO-1.3: Buffer Zones: If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with the California Department of Fish and Wildlife, shall determine the extent of a construction free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

Mitigation Measure BIO-1.4: Reporting: Prior to any tree removal, or approval of any grading permits, (whichever occurs first), the ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the City’s Director of Community and Economic Development or the Director’s designee.

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Packet Pg. 159 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 10 Findings for Impact BIO-1.1: Mitigation Measure BIO-4 requires the project applicant to, if feasible, demolition and construction activities that could impact nesting birds during the nonnesting season, or have a qualified ornithologist conduct a preconstruction survey for nesting birds. If any active nests are found, additional measures are required. The purpose of this measure is to avoid any potential impact to native birds protected under the California Fish and Game Code and/or federal Migratory Bird Treaty Act. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on biological resources, including potential impacts to nesting birds.

Impact BIO-4: The project would result in significant impacts to the movement of native birds due to increased risk of bird collision resulting from the design, orientation, and reflective façade treatment of the proposed office building.

Mitigation Measure BIO-4.1: Prior to issuance of building permits, the project shall reduce the amount of glazing (i.e., windows or reflective surfaces) to the extent feasible on the southern façade of the proposed office building and treat all remaining glass on the southern façade with bird-safe glazing treatments.

Findings for Impact BIO-4.1: Mitigation Measure BIO-4 requires the project applicant to reduce glazing on the southern façade of the proposed office building and treat remaining southern façade glazing with bird-safe glazing treatments. The purpose of this measure is to reduce the potential for bird collision with the proposed project. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on biological resources, including potential impacts to avian collisions.

3.2.3 Cultural Resources
Impact CUL-2: Ground Disturbing Activities Associated with project construction could disturb previously unrecorded archaeological resources.

Mitigation Measure CUL-2.1: Prior to issuance of grading or demolition permits, the project applicant shall retain a qualified archaeologist and Native American cultural resources monitor from Tamien Nation. The qualified archaeologist shall conduct subsurface borings within the southern section of the project site where the three levels of underground parking is proposed.

The Native American cultural resources monitor shall be on site to monitor ground disturbing activities including soil borings. Soil borings shall be conducted where anticipated deep disturbances are proposed, away from the existing single-story underground parking. Boring locations shall be placed between 50 and 75 meters apart depending on the size of the area to be explored. At least one boring shall sample the entire proposed impacts depth to provide a comparison of the stratigraphy to the previous nearby coring samples. At least 7 meters of undisturbed native soils shall be sampled below the fill if that can be completed within the proposed depth of impacts. Boring sample depths should be adjusted depending on findings of similar soils or missing layers. Samples from the three layers most likely to have archaeological

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Packet Pg. 160 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 11 resources shall be screened by a qualified archaeologist to determine if cultural materials are present.

Mitigation Measure CUL-2.2: Prior to issuance of the Grading Permit, the project applicant shall submit evidence that an Archaeological Cultural Resource Awareness Training was held prior to ground disturbance. The training shall be facilitated by the project archaeologist in coordination with a Native American representative from Tamien Nation, registered with the Native American Heritage Commissions, for the City of East Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3
Mitigation Measure CUL-2.3: In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during construction activity, work within 50 feet of the find shall cease until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. Construction and potential impacts to the area(s) within a radius determined by the archaeologist shall not recommence until the assessment is complete.

Findings for Impact CUL-2: Mitigation Measure CUL-2.1 requires the applicant to retain a qualified archaeologist to conduct subsurface borings within the southern section of the project site where the three levels of underground parking is proposed, and to prepare a research design and treatment plan if resources are identified and conduct archaeological testing.

Subsurface boring activity and the potential research design and treatment plan and archaeological testing would be monitored and/or reviewed and approved by a Native American cultural resources monitor from Tamien Nation. Mitigation Measure CUL-2.2 requires the applicant to hire a qualified archaeologist to conduct an Archaeological Cultural Resource Awareness Training at the project site prior to the commencement of any ground disturbing activities. Mitigation Measure CUL-2.3 describes the process the applicant is required to undertake in the event that an archaeological deposit is encountered during project construction. The purpose of these mitigation measures is to avoid a substantial adverse change to unrecorded archaeological deposits that may be encountered during construction activities. Implementation of the identified mitigation measure would reduce the impact to a lessthan-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in,

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Packet Pg. 161 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 12 or incorporated into, the project which mitigate or avoid the potentially significant impact on cultural resources, including potential impacts to previously unrecorded archaeological deposits.

Impact CUL-3: Ground disturbing activities associated with project construction could disturb human remains interred outside of dedicated cemeteries.

Mitigation Measure CUL-3.1: If human remains are encountered as a result of construction activities, all work in the vicinity shall be halted and the County Coroner contacted. In the event that the County Coroner determines that the human remains are Native American, notification of the Native American Heritage Commission (NAHC) is required, who shall appoint a Most Likely Descendant (MLD) (PRC Section 5097.98). The qualified archaeologist, project sponsor, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5(d). The agreement shall incorporate ‘best practices’ as identified by the state NAHC. A final report shall be prepared by the project archaeologist in consultation with the MLD and approved by the City of East Palo Alto. Work on the project may proceed upon City approval.

Findings for Impact CUL-3: Mitigation Measure CUL-3.1 describes the process the applicant is required to undertake in the event that human remains are encountered during project construction. The purpose of these mitigation measures is to avoid a substantial adverse change to human remains that may be encountered during construction activities.

Implementation of the identified mitigation measure would reduce the impact to a less-thansignificant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on cultural resources, including potential impacts to human remains.

Impact CUL-C:The project would not result in a cumulatively considerable contribution to a cumulatively significant cultural resources impact. (Less than Significant Cumulative Impact with Mitigation Incorporated)
Findings for Impact CUL-C: There are no known cultural resources at the project site. None of the existing buildings on the project site are historic resources. With implementation of mitigation measures MM CUL-2.1, 2.2, 2.3 and 3.1, the potential for the proposed project to impact cultural resources would be avoided or reduced to a less than significant impact.

Implementation of these mitigation measures would also reduce the project’s contribution to cumulative cultural resource impacts to less than cumulatively considerable. Furthermore, as with the proposed project, the cumulative projects considered in the EIR would be subject to federal, state, county, and local laws, policies, and regulations protecting cultural resources, as applicable. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant cumulative impact on cultural resources.

3.2.4 Geology
Impact GEO-6: Ground disturbing activities associated with project construction could disturb currently unrecorded paleontological resources or a unique geologic feature.

8.1.b
Packet Pg. 162 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 13 Mitigation Measure GEO-6.1: If paleontological resources are encountered during grading or excavation, all construction activities within 50 feet shall stop and the City of East Palo Alto Director of Community and Economic Development shall be notified. A qualified paleontologist shall inspect the findings within 48 hours of discovery. If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or left undisturbed. If preservation in place is not feasible (e.g., planning construction activities to avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soils, and deeding the site into a permanent conservation easement) data recovery through excavation shall be conducted by a qualified paleontologist with a data recovery plan in place.

Findings for Impact GEO-6: Mitigation Measure GEO-6.1 describes the process the applicant is required to undertake if a paleontological resource is encountered during project grading or excavation. The purpose of this mitigation measures is to avoid a substantial adverse change to unrecorded paleontological resources or a unique geologic features that may be encountered during construction activities. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on cultural resources, including potential impacts to currently unrecorded paleontological resources or a unique geologic features.

3.2.5 Noise
Impact NOI-1.1: Non-exempt construction activities would occur within 500 feet of the nearest residential use and within 200 feet of the nearest commercial use for a period of more than 12 months, exceeding the City’s Municipal Code thresholds for construction noise levels at these receptors.

Mitigation Measure NOI-1.1: The project applicant shall prepare a construction noise logistics plan for review and approval by the Department of Public Works prior to issuance of grading and/or demolition permits on the project. The construction noise logistics plan shall include, but not be limited to, the following measures to reduce construction noise to less than significant levels:
• Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.1 and Saturdays between 9:00 a.m. and 7:00 p.m. Prohibit construction on Sundays and holidays;
• Utilize "quiet" models of air compressors and other stationary noise sources where such technology exists;
• Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment;
1 Excepting haul and truck deliveries between 7:00 and 10:00 pm.

8.1.b
Packet Pg. 163 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 14 • Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; • Locate staging areas and construction material areas as far away as possible from adjacent land uses;
• Prohibit all unnecessary idling of internal combustion engines; • Construct solid eight- to 10-foot-tall plywood fences along the construction site boundaries with direct line-of-sight to noise-sensitive receptors. Constructing temporary noise barrier fences to shield these receptors would provide a five dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps.
• Where feasible, limit the quantity of equipment operating simultaneously to 10 pieces of equipment or less.
• The applicant shall designate a “disturbance coordinator” who would be responsible for responding to local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem are implemented.
• Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction.

Findings for Impact NOI-1.1: Mitigation Measure NOI-1.1 requires the applicant to implement specific construction-period noise avoidance measures. The purpose of this measure is to reduce construction noise impacts on nearby sensitive receptors. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on noise, including construction noise levels impacts on nearby sensitive receptors.

Impact NOI-1.2: Noise generated by project HVAC equipment could exceed the City’s Municipal Code threshold for exterior noise levels at the nearest residential property line.

8.1.b
Packet Pg. 164 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 15 Mitigation Measure NOI-1.2: Prior to issuance of building permits, project mechanical equipment shall be selected and designed to reduce impacts on surrounding uses and meet the City’s exterior and interior noise level requirements. A qualified acoustical consultant shall be retained by the project applicant to review mechanical noise as the equipment systems are selected to determine specific noise reduction measures necessary to reduce noise to comply with the City’s 55 dBA L50 daytime exterior limit and 50 dBA L50 nighttime exterior limit at the nearest residential property lines. Noise reduction measures could include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers, such as enclosures and parapet walls to block the line-of-sight between the noise receptors. Alternate measures may include locating equipment in less noise-sensitive areas. With implementation of this measure, the impact would be reduced to a less than significant level.

Findings for Impact NOI-1.2: Mitigation Measure NOI-1.2 requires the applicant to retain a qualified acoustical consultant to review project mechanical equipment and determine necessary noise reduction measures to comply with Municipal Code thresholds for exterior noise levels. The purpose of this measure is to reduce mechanical noise impacts on nearby sensitive receptors. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on noise, including operational noise levels impacts on nearby sensitive receptors.

Impact NOI-2: Construction-related vibration levels at the existing office buildings on-site would be up to 1.233 in/sec PPV, which would exceed the 0.3 in/sec PPV threshold.

Mitigation Measure NOI-2.1: The proposed project shall incorporate the following measures during project construction:
• Limit vibration-inducing equipment.
• Use of the heavy vibration-generating construction equipment shall be prohibited within 20 feet of existing on-site buildings.
• Use of smaller equipment to minimize vibration levels below the limits near existing on-site buildings shall be required.
• Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy objects or materials.

Findings for Impact NOI-2.1: Mitigation Measure NOI-2.1 requires the applicant to implement specific construction-period vibration avoidance measures. The purpose of this measure is to reduce construction vibration impacts on nearby structures. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level. Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which

8.1.b
Packet Pg. 165 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 16 mitigate or avoid the potentially significant impact on noise, including construction vibration levels impacts on nearby structures.

3.2.6 Transportation
Impact TRA-1: The proposed project would generate a VMT of 13.2 percent below the citywide average home-based work trip VMT, exceeding the City’s threshold of 15 percent below the citywide average home-based work trip VMT.

Mitigation Measure TRA-1.1: Prior to issuance of grading and/or demolition permits for the project, the project applicant shall develop and submit to the Director of Community Development for review and approval an enhanced TDM program that demonstrates a reduction in project VMT to 15 percent below the Citywide average home-based work trip VMT.

The enhanced TDM program shall include the following measures:
• Expand University Circle Caltrain shuttle to meet more trains before 7 a.m., between 10 a.m. and 12 p.m., and after 6:30 p.m.,
• Add a University Circle last-mile shuttle connection for Dumbarton Express riders, • Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

Findings for Impact TRA-1: Mitigation Measure TRA-1.1 requires the applicant to enhance their TDM program with additional TDM measures. The purpose of this mitigation measure is to reduce VMT to 15 percent below the citywide average home-based work trip. Implementation of the identified mitigation measure would reduce the impact to a less-than-significant level.

Pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant impact on transportation, including the potential impacts to VMT.

3.3 ENVIRONMENTAL EFFECTS FOUND TO BE LESS THAN SIGNIFICANT This section identifies impacts of the project that are less than significant and do not require mitigation measures. The City agrees with the characterization in the Final EIR with respect to issue areas identified as “no impact” and those impacts identified as “less than significant” and finds that those impacts have been described accurately and are less than significant as so described in the Final EIR.

This finding applies to the following impacts evaluated in the Final EIR and determined to result in “no impact” or determined to be “less than significant.” • growth-inducing and irreversible effects
• use of nonrenewable resources
• commitment of future generations to similar use

8.1.b
Packet Pg. 166 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 17 • irreversible damage from environmental accidents
• irreversible commitment of resources
• Aesthetics
o The project would not have a substantial adverse effect on a scenic vista. (Less than Significant Impact)
o The project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. (No Impact)
o The project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings. The project would not conflict with applicable zoning and other regulations governing scenic quality. (Less than Significant Impact)
o The project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. (Less than Significant Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant aesthetics impact. (Less than Significant Cumulative Impact) • Air Quality
o The project would not conflict with or obstruct implementation of the applicable air quality plan. (Less than Significant Impact)
o The project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. (Less than Significant Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant air quality impact. (Less than Significant Cumulative Impact) • Biological Resources
o The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS. (Less than Significant Impact) o The project would not have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means. (No Impact)
o The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Less than Significant Impact)
o The project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. (No Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant biological resources impact. (Less than Significant Cumulative Impact)
• Cultural Resources
o The project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5. (Less than Significant Impact)
• Energy
o The project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. (Less than Significant Impact)

8.1.b
Packet Pg. 167 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 18 o The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact) o The project would not result in a cumulatively considerable contribution to a significant cumulative energy impact. (Less than Significant Cumulative Impact) • Geology and Soils
o The project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides. (No Impact)
o The project would not result in substantial soil erosion or the loss of topsoil. (Less than Significant Impact)
o The project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse. (Less than Significant Impact)
o The project would not be located on expansive soil, as defined in the current California Building Code, creating substantial direct or indirect risks to life or property. (No Impact)
o The project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. (No Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant geology and soils impact. (Less than Significant Cumulative Impact)
• Greenhouse Gas Emissions
o The project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. (Less than Significant Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant GHG emissions impact. (Less than Significant Cumulative Impact)
• Hazards and Hazardous Materials
o The project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (Less than Significant Impact)
o The project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (Less than Significant Impact) o The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. (No Impact)
o The project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment. (No Impact) o The project would not be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The

8.1.b
Packet Pg. 168 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 19 project would not result in a safety hazard or excessive noise for people residing or working in the project area. (No Impact)
o The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (Less than Significant Impact)
o The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. (No Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant hazards and hazardous materials impact. (Less than Significant Cumulative Impact)
• Hydrology and Water Quality
o The project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (Less than Significant Impact)
o The project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. (Less than Significant Impact) o The project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows. (Less than Significant Impact)
o The project would not risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. (No Impact)
o The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (Less than Significant Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant hydrology and water quality impact. (Less than Significant Cumulative Impact)
• Land Use and Planning
o The project would not physically divide an established community. (No Impact) o The project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (Less than Significant Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant land use and planning impact. (Less than Significant Cumulative Impact)
• Noise
o The project would not be located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The project would not expose people residing or working in the project area to excessive noise levels. (No Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant noise impact. (Less than Significant Cumulative Impact)

8.1.b
Packet Pg. 169 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 20 • Population and Housing
o The project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). (Less than Significant Impact)
o The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. (No Impact) o The project would not result in a cumulatively considerable contribution to a cumulatively significant population and housing impact. (Less than Significant Cumulative Impact)
• Public Services
o The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection services. (Less than Significant Impact)
o The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection services. (Less than Significant Impact)
o The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for schools. (No Impact) o The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for parks. (Less than Significant Impact)
o The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for other public facilities. (Less than Significant Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant public services impact. (Less than Significant Cumulative Impact)
• Recreation
o The project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. (Less than Significant Impact)

8.1.b
Packet Pg. 170 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 21 o The project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. (No Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant recreation impact. (Less than Significant Cumulative Impact) • Transportation
o The project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities. (Less than Significant Impact)
o The project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). (Less than Significant Impact)
o The project would not result in inadequate emergency access. (Less than Significant Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant transportation impact. (Less than Significant Cumulative Impact)
• Tribal Cultural Resources
o The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). (Less than Significant Impact) o The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. (Less than Significant Impact)
o The project would not result in a cumulatively considerable contribution to a cumulatively significant tribal cultural resources impact. (Less than Significant Cumulative Impact)
• Utilities and Service Systems
o The project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. (Less than Significant Impact) o The project would not have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. (Less than Significant Impact)
o The project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. (Less than Significant Impact)
o The project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. (Less than Significant Impact) o The project would comply with federal, state, or local management and reduction statutes and regulations related to solid waste. (Less than Significant Impact)

8.1.b
Packet Pg. 171 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 22 o The project would not result in a cumulatively considerable contribution to a cumulatively significant utilities and service systems impact. (Less than Significant Cumulative Impact)
The City also agrees with determinations made in the Draft EIR “Effects Found Not to be Significant” sections that identified issue areas or thresholds of significance either are not applicable to the Project and that no impact related to the issue area or threshold of significance would occur, including the following issue areas:
• Agricultural and Forestry Resources
• Mineral Resources
• Wildfire

4.0 FINDINGS REGARDING CONSIDERATIONS THAT MAKE ALTERNATIVES

ANALYZED IN THE FINAL EIR INFEASIBLE
The analysis of alternatives to the proposed project is found in Section 8.0 of the Final EIR.

Based on the analysis and the entire record, the City finds each of the alternatives to be infeasible for the following reasons:

4.1 NO PROJECT ALTERNATIVE
The "No Project" alternative, required to be evaluated in the EIR, considers "existing conditions…as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services" [CEQA Guidelines Section15126.6(e)(2)].

Principal Characteristics: The No Project alternative assumes that the proposed project would not be developed and that the project site would generally remain in its current condition. The No Project Alternative would not result in a change in the current development at the site although, given the site’s Office land use and zoning designation and its location within the University Circle site (which was identified in the General Plan as an area for increased commercial development), it is reasonable to assume that if the proposed project were not approved or implemented, an alternative development would likely be proposed in the future which would conform to the Office land use designation and General Plan Policies pertaining to the site. The three existing six-story office buildings, and five-story hotel would remain on-site and continue to operate. Because the No Project Alternative would not result in any physical changes to the project site compared to existing conditions, there would be no environmental impacts. However, this alternative would not achieve the project objectives. In the event the current project was not approved/implemented, and future development was proposed on the site consistent with current plans and policies, it would be expected to be similar to the proposed project and have similar construction and operational impacts.

Environmental Effects: Under the No Project Alternative, the site would generate less traffic than under the proposed project, and traffic levels would remain as they are with the current developed site condition. The No Project Alternative scenario would avoid the significant but mitigable project VMT impacts, in addition to avoiding adverse effects on local intersections and

8.1.b
Packet Pg. 172 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 23 freeway segments. Since no construction would occur on the project site under the No Project Alternative, construction-related impacts identified to occur under the proposed project would be avoided. None of the project objectives, however, would be met under the No Project Alternative. In addition, General Plan Westside Area Policy 4.6, University Circle allows for intensification of development at the University Circle site so long as it meets the vision for the Westside.

Relation to Project Objectives: The No Project alternative would not achieve any of the project objectives. In the event the current project was not approved/implemented, and future development was proposed on the site consistent with current plans and policies, it would be expected to be similar to the proposed project and have similar construction and operational impacts.

4.2 BELOW GRADE PARKING REDUCED SCALE ALTERNATIVE
This alternative assumes a reduced scale office building with one level of below-grade parking.

Principal Characteristics: Given many of the project’s impacts are due to extensive construction activity to accomplish three levels of below grade parking, the purpose of the Below-Grade Parking Reduced Scale Alternative is to reduce construction related impacts by developing an office project that can be parked adequately with parking provided in one level of below-grade parking, consistent with the rest of the developed site condition. The Below-Grade Parking Reduced Scale Alternative would develop an office building and one level of belowgrade parking with 175 spaces in the same location on-site as under the proposed project.

Based on the parking ratios required by the City (1:300) and included in the proposed project (1:420), under this Alternative, the office building could have between 52,500 square feet and 73,588 square feet of office uses and would be two to three stories in height. The maximum depth of excavation under this Alternative would be reduced from 36 feet for three levels to approximately 16 feet bgs to accommodate the single level parking garage.

Environmental Effects: The reduced building height under the Below-Grade Parking Reduced Scale Alternative would result in fewer changes to the existing views in the surrounding area and would respond to controversy regarding the proposed building height expressed in comments received during the scoping period. Under the Below-Grade Parking Reduced Scale Alternative, most of the construction-related impacts identified to occur under the proposed project would be reduced. Because the office building would be smaller and maximum depth of excavation would be reduced to 16 feet bgs, the Below-Grade Parking Reduced Scale Alternative would result in fewer construction air quality emissions from operation of heavy-duty excavation equipment and hauling soil off-site compared to the proposed project. Constructionnoise impacts would also be less due to the shorter construction duration. The reduced amount of traffic generated under this alternative, consisting of roughly one third of the project’s proposed office space, would result in a commensurate reduction in air quality and noise emissions compared to the proposed project. The possibility of noise impacts from mechanical equipment operation and impacts to birds during construction and operation of this Alternative would be similar to the proposed project and would be reduced to a less than significant level with implementation of the mitigation measures identified under the proposed project. Because VMT is measured as a ratio per employee, the VMT impacts associated with this alternative would be the same as the proposed project and would also be reduced to a less than significant level with implementation of the mitigation measures identified under the proposed project.

8.1.b
Packet Pg. 173 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 24 Relation to Project Objectives: The Below-Grade Parking Reduced Scale Alternative would only partially meet some of the project objectives due to the reduced size of the office building.

Due to the reduced square footage of office space, no community space would be provided under the Below-Grade Parking Reduced Scale Alternative and thus the fifth objective to reenergize and modernize University Circle campus as a more active and community-oriented space for East Palo Alto residents would not be met. The project applicant has indicated that this alternative cannot effectively cover the cost of constructing the below-grade parking garage and, therefore, would not be economically feasible.

4.3 ABOVE-GRADE PARKING REDUCED SCALE ALTERNATIVE
This alternative assumes a reduced scale office building with above-grade parking.

Principal Characteristics: Given many of the project’s impacts are due to extensive construction activity to accomplish three levels of below grade parking, the purpose of the Above-Grade Parking Reduced Scale Alternative is to develop an office project that can be parked adequately with parking provided above grade at the lower levels of the new office building, thereby avoiding all substantial excavation beyond typical building foundation and utility work. No below-grade parking would be constructed under this Alternative. The AboveGrade Parking Reduced Scale Alternative would construct an office building above two levels of above-grade parking. The two levels of parking under this Alternative can provide approximately 160 parking spaces, which would create a net increase of 61 parking spaces over the existing surface parking. Based on the City’s required parking ratio (1:300) and the parking ratio included in the proposed project (1:420), between 48,000 and 67,200 square feet of office uses can be adequately parked with two levels of above-grade parking. Under this Alternative, the maximum height of the building would be between four and five stories, with two or three levels of office above the two parking podium levels, and the podium footprint would be increased compared to the proposed project to maximize the amount of parking while allowing the University Circle entrance to remain open during construction. Since the entire ground floor of the building would be occupied by parking and the podium footprint would be expanded, the community space, public art, and an additional left turn lane on Woodland Avenue included as a community benefit under the proposed project would not be constructed under this Alternative.

Environmental Effects: Under the Above-Grade Parking Reduced Scale Alternative, construction-related impacts identified to occur under the proposed project including those to air quality, noise, archaeological resources, and paleontological resources would be reduced because excavation for below-grade parking would not occur, and because the building square footage would be reduced from 180,000 to between 48,000 to 67,200 square feet. Impacts to nesting birds during construction would be similar to the proposed project and would be reduced to a less than significant level with implementation of the mitigation measures identified under the proposed project. The reduced amount of traffic generated during operation of this Alternative (roughly 50 to 66 percent less, given the office space is reduced by one half to two thirds) would result in a commensurate reduction in air quality and noise emissions compared to the proposed project. The possibility of noise impacts from mechanical equipment operation and impacts to birds during construction and operation of this Alternative would be similar to the proposed project and would be reduced to a less than significant level with implementation of the mitigation measures identified under the proposed project. Because VMT is measured as a ratio per employee, the VMT impacts associated with this alternative would be the same as the proposed project and would also be reduced to a less than significant level with implementation

8.1.b
Packet Pg. 174 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 25 of the mitigation measures identified under the proposed project. Other operational impacts, such as demand on utilities including water, energy, sewer treatment, would be reduced proportionally, as the alternative is half to two thirds smaller than the proposed project.

Relation to Project Objectives: The Above-Grade Parking Reduced Scale Alternative would partially meet some of the project objectives. Due to the reduced amount of office space by one half to two thirds, no community space would be provided under this Alternative. In order to provide adequate parking above-grade, a larger building footprint would be required under this Alternative which would preclude community benefits such as community space, pedestrian access, public art, and the widening of Woodland Avenue to provide an additional left turn lane.

The Above-Grade Parking Alternative would also not meet General Plan policies, such as General Plan Land Use and Urban Design Policy 2.7 which allows intensification of the University Circle site with an additional office or hotel building and Westside Plan Policy 8.4 which calls for acquiring community benefits from new development in the Westside area.

4.4 RECONFIGURED PARKING ALTERNATIVE
This alternative assumes the same 180,000-square-foot office building as the proposed project but reducing the amount of below-grade parking proposed to a single level basement garage and additional parking elsewhere above ground on the campus.

Principal Characteristics: The Reconfigured Parking Alternative would seek to develop the same 180,000-square-feet of new office uses by constructing a building in the same location as the proposed project but reducing the amount of below-grade parking proposed to a single level basement garage and providing adequate parking elsewhere above ground on the larger office campus. In contrast to the proposed project, parking for this alternative would be provided through a combination of the following: 1) expanding the existing one level below-grade parking garage beneath the proposed office building, 2) expanding the existing on-site above-grade parking garage from four-levels to 6.5-levels, and 3) using existing under-utilized parking spaces in the existing above-grade parking garage. This alternative would involve construction of 192 new above-grade parking spaces and 100 new below-grade parking spaces. In total, 361 parking spaces would be constructed for exclusive use by office tenants and 44 spaces on the ground floor of the above-grade garage would be shared between the hotel and office tenants under this alternative, resulting in a net increase of 405 spaces for use of office tenants above existing conditions.

Environmental Effects: The Reconfigured Parking Alternative would construct the same size office building as the proposed project and, therefore, would result in operational impacts similar to the proposed project. As described above, compared to the proposed project, impacts to cultural resources, construction criteria air pollutant and TAC emissions, construction noise and vibration would be less due to the reduced excavation required for the smaller below-grade parking garage. The CEQA aesthetics impacts from expansion of the above-grade parking garage would be less than significant, the same as the proposed project, but the taller abovegrade garage would be less aesthetically pleasing than existing conditions and conditions under the proposed project. Impacts from the Reconfigured Parking Alternative would be less than significant or reduced to a less than significant level with incorporation of the same mitigation measures required for the proposed project.

8.1.b
Packet Pg. 175 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) 26 Relation to Project Objectives: Because the Reconfigured Parking Alternative would develop the same office building, retrofit the existing office buildings with water efficient plumbing fixtures and appliances, and include the same community benefits as the proposed project, it would meet all of the project objectives to the same extent as the proposed project. However, because the above-grade parking garage is under different property ownership, feasibility is unknown.

5.0 FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ADVERSE IMPACTS,

AND ADOPTION OF MITIGATION MONITORING PROGRAM
Based on the entire record before the City and having considered the potential significant impacts of the project, the City hereby determines that all feasible mitigation within the responsibility and jurisdiction of the City has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR, and that no additional feasible mitigation is available to further reduce significant impacts. The feasible mitigation measures are discussed in Section 3.1 and 3.2, above, and are set forth in the Mitigation Monitoring and Reporting Program (MMRP).

Section 21081.6 of the Public Resources Code requires the City to adopt a monitoring or compliance program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the environment. The MMRP for the proposed project is hereby adopted by the City because it fulfills the CEQA mitigation monitoring requirements:
• The Mitigation Monitoring and Reporting Program is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and
• Measures to mitigate or avoid significant effects on the environment are fully enforceable through conditions of approval, permit conditions, agreements, or other measures.

8.1.b
Packet Pg. 176 Attachment: CEQA Findings of Fact (2230 : University Circle Phase II) ATTACHMENT 3
Draft EIR:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/pr oject/19555/draft_eir_university_circle_phase_ii_11.03.21-web.pdf

8.1.c
Packet Pg. 177 Attachment: Draft EIR (2230 : University Circle Phase II) ATTACHMENT 4
Final EIR:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project /19555/university_circle_phase_ii_feir_03.17.22.pdf

8.1.d
Packet Pg. 178 Attachment: Final EIR (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 1 of 14 March 2022

MITIGATION MONITORING & REPORTING PROGRAM
University Circle Phase II Office Project
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency

All measures will be printed on
the project plans prior to
issuance of permits.

As needed
during
construction

8.1.e
Packet Pg. 179 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 2 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency • Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to five
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations). Clear signage shall be posted
for construction workers at all access
points.
• 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.
• Post a publicly visible sign with the
telephone number and contact at the City of
East Palo Alto regarding dust complaints.

8.1.e
Packet Pg. 180 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 3 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency planted in disturbed areas as soon as
possible and watered appropriately until
vegetation is established.
• The simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities on the same area at any one time
shall be limited. Activities shall be phased
to reduce the amount of disturbed surfaces
at any one time.
• Avoid tracking visible soil material on to
public roadways by employing the
following measures if necessary: (1) treat
site access to a distance of 100 feet from
public paved roads with a six to 12-inch
compacted layer of wood chips, mulch, or
gravel and (2) washing truck tires and
construction equipment prior to leaving the
site.
• Sandbags or other erosion control measures
shall be installed to prevent silt runoff to
public roadways from sites with a slope
greater than one percent.

Once

8.1.e
Packet Pg. 181 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 4 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency includes CARB-certified Level 3
verifiable diesel emission control devices
that altogether achieve a minimum 87
percent reduction in particulate matter
exhaust in comparison to uncontrolled
equipment, or use alternatively fueled
equipment or electric equipment;
And provide line power to the site during
the early phases of construction to
minimize the use of diesel-powered
stationary equipment, such as generators;
And cranes, air compressors, and welders
shall be powered by electricity or
alternative fuel, or
2) The applicant may develop a separate
feasible plan that reduces on- and near-site
construction diesel particulate matter
emissions by a minimum of 87 percent or
greater. Such a plan would have to be
reviewed and approved by the City.

The nesting season for most birds, including
most raptors in the San Francisco Bay area,
extends from February 1st through August 31st
(inclusive), as amended.

8.1.e
Packet Pg. 182 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 5 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency possible to schedule demolition and construction
that may directly or indirectly affect protected
species between September 1st and January 31st
(inclusive), pre-construction surveys for nesting
birds shall be completed by a qualified
ornithologist to ensure that no nests shall be
disturbed during project implementation. This
survey shall be completed no more than 14 days
prior to initiation of construction activities
during the early part of the breeding season
(February 1st through April 31st inclusive) and no
more than 30 days prior to the initiation of these
activities during the late part of the breeding
season (May 1st through August 31st inclusive).

During this survey, the ornithologist shall inspect
all trees and other possible nesting habitats
immediately adjacent to the construction areas
for nests.

8.1.e
Packet Pg. 183 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 6 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency designee.

Project applicant Prior to issuance
of building
permits.

Oversight of
implementation by
the City’s Planning
Division and
Building Division
Verify glazing reduced to the
extent possible and bird-safe
treatment applied to the
remaining glass.

8.1.e
Packet Pg. 184 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 7 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency At least one boring shall sample the entire
proposed impacts depth to provide a comparison
of the stratigraphy to the previous nearby coring
samples. At least 7 meters of undisturbed native
soils shall be sampled below the fill if that can be
completed within the proposed depth of impacts.

8.1.e
Packet Pg. 185 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 8 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency Native American in origin, a Native
American monitor shall be present during all
archaeological testing.

8.1.e
Packet Pg. 186 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 9 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency MM CUL-3.1: If human remains are
encountered as a result of construction activities,
all work in the vicinity shall be halted and the
County Coroner contacted. In the event that the
County Coroner determines that the human
remains are Native American, notification of the
Native American Heritage Commission (NAHC)
is required, who shall appoint a Most Likely
Descendant (MLD) (PRC Section 5097.98). The
qualified archaeologist, project sponsor, and
MLD shall make all reasonable efforts to
develop an agreement for the treatment, with
appropriate dignity, of human remains and
associated or unassociated funerary objects
(CEQA Guidelines Section 15064.5(d). The
agreement shall incorporate ‘best practices’ as
identified by the state NAHC. A final report
shall be prepared by the project archaeologist in
consultation with the MLD and approved by the
City of East Palo Alto. Work on the project may
proceed upon City approval.

When
resources are
encountered

Project applicant
and contractors

8.1.e
Packet Pg. 187 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 10 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency Possible mitigation under Public Resources Code
Section 21083.2 requires that reasonable efforts
be made for resources to be preserved in place or
left undisturbed. If preservation in place is not
feasible (e.g., planning construction activities to
avoid paleontological sites, incorporating sites
into parks and other open spaces, covering sites
with stable soils, and deeding the site into a
permanent conservation easement) data recovery
through excavation shall be conducted by a
qualified paleontologist with a data recovery
plan in place.
if necessary

All measures will be printed on
the project plans prior to
issuance of permits.

8.1.e
Packet Pg. 188 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 11 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency driven equipment with mufflers, which
are in good condition and appropriate for
the equipment;
• Locate all stationary noise-generating
equipment, such as air compressors and
portable power generators, as far away
as possible from adjacent land uses;
• Locate staging areas and construction
material areas as far away as possible
from adjacent land uses;
• Prohibit all unnecessary idling of
internal combustion engines;
• Construct solid eight- to 10-foot-tall
plywood fences along the construction
site boundaries with direct line-of-sight
to noise-sensitive receptors.

8.1.e
Packet Pg. 189 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 12 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency warranted to correct the problem are
implemented.
• Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
notice sent to neighbors regarding the
construction.

8.1.e
Packet Pg. 190 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 13 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency specific noise reduction measures necessary to
reduce noise to comply with the City’s 55 dBA
L50 daytime exterior limit and 50 dBA L50
nighttime exterior limit at the nearest residential
property lines. Noise reduction measures could
include, but are not limited to, selection of
equipment that emits low noise levels and/or
installation of noise barriers, such as enclosures
and parapet walls to block the line-of-sight
between the noise receptors. Alternate measures
may include locating equipment in less noisesensitive areas.

Once at
approval and as
needed during
construction

Once, prior to
issuance of
grading or
building permit

8.1.e
Packet Pg. 191 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) University Circle Phase II Office Project Mitigation Monitoring and Reporting Program City of East Palo Alto Page 14 of 14 March 2022
Mitigation Measures Implemented By Implementation
Timing Monitored By Monitoring Action Monitoring Frequency and approval an enhanced TDM program
demonstrates a reduction in project VMT to 15
percent below the Citywide average home-based
work trip VMT.2 The enhanced TDM program
shall include the following measures:
• Expand University Circle Caltrain
shuttle to meet more trains before 7 a.m.,
between 10 a.m. and 12 p.m., and after
6:30 p.m.,3
• Add a University Circle last-mile4
shuttle connection for Dumbarton
Express riders,
• Provide transit subsidies,
• Provide vanpool subsidies, and/or
• Provide commuter cash allowances.

8.1.e
Packet Pg. 192 Attachment: Mitigation, Monitoring, and Reporting Program (2230 : University Circle Phase II) ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO

ALTO APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF EAST PALO ALTO AND COLUMBIA REIT-UNIVERSITY

CIRCLE, LP RELATING TO THE DEVELOPMENT OF THE UNIVERSITY

CIRCLE PHASE II PROJECT AT UNIVERSITY AVENUE AND

WOODLAND AVENUE
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute") which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, in accordance with the Development Agreement Statute, the City of East Palo Alto enacted Chapter 18.108 of the East Palo Alto Municipal Code (the "Development Agreement Regulations") to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; and
WHEREAS, Seven Bridges Properties, on behalf of Columbia Realty Trust ("Developer") submitted an application requesting approval of Design Review (DR19-019), Conditional Use Permit (CUP22-001), and Development Agreement, to redevelop an existing landscaped surface parking lot with an approximately 180,000 square foot, six story office building above three levels of below grade parking (the "Project"); and
WHEREAS, Developer proposes to enter into a Development Agreement with the City of East Palo Alto for the purpose of developing the Project in exchange for contributions to the community, as articulated in the Development Agreement; and
WHEREAS, pursuant to the Development Agreement Statute and Development Agreement Regulations, the Planning Commission held a duly noticed public hearing on April 4, 2022, on the proposed Project and found the proposed Development Agreement is consistent with the objectives of the general plan and the Westside Area Specific Plan, in conformity with public

8.1.i
Packet Pg. 193 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II) convenience and beneficial to the public welfare, and will not adversely impact the orderly development of property; and
WHEREAS, the City Council, after published notice, held a public hearing on May 3, 2022, concerning the proposed Project, and considered the reports and documents presented by City staff, the Planning Commission's recommendations, and the written and oral comments presented at the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST
PALO ALTO DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Determination.

The City Council hereby finds and declares the above recitals are true and correct. The City Council finds the provisions of the Development Agreement are consistent with the City's General Plan and Westside Area Specific Plan as they exist on the effective date of this ordinance, and hereby incorporates the conformity findings from the City Council staff report dated May 3, 2022.

SECTION 2. Approval of Development Agreement.

Based on the findings herein and in the resolution included in the above recitals, the City Council hereby approves the Development Agreement attached as Exhibit 1 and authorizes the City Manager to execute the Development Agreement, subject to such minor, conforming, or clarifying changes consistent with the terms thereof as may be approved by the City Manager prior to execution thereof, and any and all other documents necessary to effectuate the Development Agreement.

SECTION 3. CEQA
The environmental effects of the Project subject to the Development Agreement were analyzed in the Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Plan, which were certified and approved by the City Council and mitigation measures incorporated into the Project.

SECTION 4. Severability.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more

8.1.i
Packet Pg. 194 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II) sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 5. Effective Dates
This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 6. Publication. The City Clerk is directed to cause publication of this Ordinance as required by Government Code Section 36933.

This Ordinance was introduced at the______________ meeting of the City Council of the City of East Palo Alto.

PASSED AND ADOPTED this _____ day of ______________, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________ James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

8.1.i
Packet Pg. 195 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II) [0:00 AM] DRAFT
551\94\3237412.4

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk's Office
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
Exempt from Recording Fee
Pursuant to Government
Code Section 27383
______________________________________________________________________________ Space Above This Line for Recorder's Use Only

DEVELOPMENT AGREEMENT
by and between

THE CITY OF EAST PALO ALTO
and

COLUMBIA REIT - UNIVERSITY CIRCLE, LP
concerning

UNIVERSITY CIRCLE PHASE II

8.1.i
Packet Pg. 196 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II)

TABLE OF CONTENTS
Page
Page i
551\94\3237412.4
ARTICLE I. DEFINITIONS .......................................................................................................... 2

1.1 Definitions................................................................................................... 2

1.2 Capitalized Terms. ...................................................................................... 4 ARTICLE II. GENERAL PROVISIONS ....................................................................................... 4

2.1 Developer Representations and Warranties. ............................................... 4

2.2 Relationship of City and Developer. ........................................................... 5

2.3 Recording. ................................................................................................... 5

2.4 Term. ........................................................................................................... 5 ARTICLE III. DEVELOPMENT OF THE PROJECT SITE ......................................................... 5

3.1 Use of the Project Site and Applicable Law. .............................................. 5

3.2 Reservations of Authority. .......................................................................... 6

3.3 Subsequently Enacted Rules and Regulations. ........................................... 7

3.4 Nexus/Reasonable Relationship Waiver. .................................................... 7

3.5 Initiatives and Referenda. ........................................................................... 7

3.6 Compliance With Requirements of Other Governmental Entities. ............ 8

3.7 City's Police Power. .................................................................................... 9

3.8 Subsequent Approvals for the Project Site. ................................................ 9

3.9 Life of Approvals and City Permits. ........................................................... 9

3.10 Developer Obligations. ............................................................................. 10

3.11 City Obligations. ....................................................................................... 10 ARTICLE IV. COMMUNITY BENEFITS .................................................................................. 10 ARTICLE V. AMENDMENT OF AGREEMENT AND APPROVALS .................................... 12

5.1 Amendment or Cancellation Procedure. ................................................... 12

5.2 Minor Amendments to Project. ................................................................. 12

5.3 Requirement for a Writing. ....................................................................... 13

5.4 Amendments to Development Agreement Legislation. ............................ 13

5.5 Amendment of Development Approvals. ................................................. 13

5.6 Effect of Termination on Developer's Obligations. .................................. 13 ARTICLE VI. ANNUAL REVIEW ............................................................................................. 14

6.1 Time of Review......................................................................................... 14

6.2 Compliance Letter. .................................................................................... 14

6.3 Determination of Good Faith Compliance. ............................................... 14

6.4 No Waiver. ................................................................................................ 15

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Packet Pg. 197 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II)

TABLE OF CONTENTS
Page
Page ii
551\94\3237412.4
ARTICLE VII. DEFAULT, REMEDIES, AND TERMINATION ............................................. 15

7.1 Notice of Breach. ...................................................................................... 15

7.2 Specific Performance Remedy for Breach. ............................................... 15

7.3 Termination by Mutual Consent. .............................................................. 15 ARTICLE VIII. ESTOPPEL CERTIFICATE .............................................................................. 16 ARTICLE IX. TRANSFERS, ASSIGNMENTS .......................................................................... 16

9.1 Agreement Runs With the Land. .............................................................. 16

9.2 Right to Assign. ........................................................................................ 16

9.3 Release Upon Assignment. ....................................................................... 17 ARTICLE X. MORTGAGEE PROTECTION ............................................................................. 17

10.1 Mortgage Protection. ................................................................................. 17

10.2 Mortgagee Not Obligated. ........................................................................ 17

10.3 Notice of Default to Mortgagee; Cure Rights. .......................................... 18

10.4 No Supersedure. ........................................................................................ 18 ARTICLE XI. INDEMNIFICATION .......................................................................................... 18

11.1 No Duty of City; Hold Harmless. ............................................................. 18

11.2 Indemnification. ........................................................................................ 18 ARTICLE XII. NOTICES ............................................................................................................ 19

12.1 Notices. ..................................................................................................... 19 ARTICLE XIII. MISCELLANEOUS .......................................................................................... 20

13.1 Cooperation in the Event of Third-party Legal Challenge. ...................... 20

13.2 Applicable Law and Venue. ...................................................................... 20

13.3 Severability. .............................................................................................. 20

13.4 Nondiscrimination..................................................................................... 20

13.5 Headings. .................................................................................................. 20

13.6 Agreement is Entire Understanding. ......................................................... 21

13.7 Interpretation. ............................................................................................ 21

13.8 Recordation of Termination. ..................................................................... 21

13.9 Counterparts. ............................................................................................. 21

8.1.i
Packet Pg. 198 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II) [0:00 AM] DRAFT
551\94\3237412.4

DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered as of this ____ day of __________, 2022 by and between the City of East Palo Alto, a California municipal corporation (the "City"), and Columbia REIT - University Circle, LP, a Delaware Limited Partnership (the "Developer"), with reference to the following facts, purposes, and understandings:

RECITALS
A. Section 65864 et seq. of the California Government Code authorizes City to establish procedures for and to enter into binding development agreements with persons having legal or equitable interests in real property located within the City that is the subject of the development agreement.

B. The City's Municipal Code establishes the procedures for review and approval of development agreements in Chapter 18.108. This Agreement is consistent with the City's development agreement provisions.

C. Developer is the fee owner of that certain property consisting of approximately

11.84 acres of land located at 1900, 1950, and 2000 University Circle (Assessor's Parcel Nos. 063-680-020, 063-680-100, 063-680-130, 063-680-150, and 063-680-190) (the "Property") and more particularly described in Exhibit A, attached hereto and incorporated by this reference.

D. Developer desires to develop a portion of the Property, hereinafter referred to as the "Project Site" (defined below), in accordance with the provisions of this Agreement, the Development Approvals (defined below), and other applicable regulations of the City of East Palo Alto and other governmental agencies having jurisdiction over the Project Site.

E. On ____, 2022, City's Planning Commission held a duly noticed public hearing on this Agreement and (i) determined that this Agreement complies in all respects with CEQA, (ii) determined that this Agreement is consistent with the City's General Plan, and, (iii) recommended that the City Council approve this Agreement.

F. The following approvals, entitlements, and findings are being concurrently reviewed and approved by the City (under City Council Resolution No. __) with respect to the Project Site and constitute the "Development Approvals":
(1) The EIR and applicable provisions of the Mitigation, Monitoring, and Reporting Program ("MMRP"),
(2) Design review, and
(3) Conditional Use Permit for Parking Reduction
(4) Lot Split

8.1.i
Packet Pg. 199 Attachment: Ordinance Approving Development Agreement (2230 : University Circle Phase II)

Page 2 ends

East Palo Alto City CouncilMay 3, 2022

East Palo Alto City Council
May 3, 2022