Attachment A: Errata
Attachment H: Resolution Approving Project, Required Findings, and Conditions of Approval
The following conditions of approval shall be added:
1. The applicant shall offer a $2,000 anti-displacement incentive in the form of a rent rebate or home goods voucher to households that move into right of return units.
2. Prior to Building Permit issuance, the applicant shall contribute $150,000 to the City to be used as a rent relief fund.
3. Prior to Building Permit issuance, the applicant shall dedicate the land adjacent to the San Francisquito Creek (APN 063-471-020) along Woodland Avenue between Euclid Avenue and University Avenue to the City to serve as a public park and contribute $15,000 to the City for design services. The applicant shall provide a Phase I Environmental Site Assessment prior to land dedication verifying that the project site is appropriate for park-use.
4. The applicant shall maintain the 9,300 square foot park at the project site in perpetuity.
5. Prior to issuance of certificate of occupancy, the applicant shall make a $25,000 financial contribution to the City to support the creation of a future residential parking permit program or to fund a future TMA.
6. The applicant shall participate in Commute.org’s Certified Development Program as part of the project’s TDM plan.
7. The applicant shall partner with the City to construct a sidewalk and street lighting as required by the City from the project site along West Bayshore Road to the Water Tank site at 375 Donahoe Street. The applicant shall include sidewalk improvements with the off-site improvement plans, which are required to be submitted with building permits. The developer’s portion of the improvement costs shall be a maximum $125,000.
8. The applicant shall install publicly accessible electric vehicle (EV) chargers within the project’s parking garage or another publicly accessible location agreed upon by the City. If located in the public right of way, the applicant will have a maximum contribution of $50,000. The applicant shall install a minimum of four level-2 chargers and minimum of one level 3-charger.
9. The applicant shall install accessible drinking water fountains within the project park.
10.The applicant shall provide information on Relocation Plan implementation to the Rent Stabilization Board on a bi-monthly basis so the Rent Stabilization Board can oversee implementation of the Relocation Plan. Tenants may report any grievances with Plan Implementation to the Rent Stabilization Program staff so the issue may be presented to the Rent Stabilization Board for review and resolution. It is anticipated that the Rent Stabilization Board will hold bimonthly meetings on Relocation Plan implementation for the first 8 months of implementation.
11.The applicant shall provide written notification in both English and Spanish to all affected households of each Rent Stabilization Board meeting which includes the Relocation Plan as an agenda item at least 72 hours prior to the meeting.
12.During implementation of the Relocation Plan, the applicant shall provide copies of all forms sent to and received by tenants to the Rent Stabilization Program staff within one week of mailing/hand delivery or receipt.
13.During implementation of the Relocation Plan, the applicant shall provide Rent Stabilization Program staff with a bimonthly report, in a form approved by the Rent Stabilization Board, including, but not limited to, on-site occupancy (through demolition), how households have chosen to participate in the Relocation Plan (e.g. temporary apartment in Woodland Park, temporary apartment elsewhere, or relocation payment), which households remain undecided, and which households (if any) have left without utilizing relocation benefits.
14.Within one week of project approval, the applicant shall send notice of project and relocation plan approval to all households at the project site and those participating in the Optional Tenant-Requested Move (OTRM) program. This notice shall readvertise the OTRM program for any households who wish to move to temporary units on a faster timetable. Copy of this notice shall be sent to Rent Stabilization Program staff.
15.The applicant shall resubmit the Relocation Plan to staff incorporating all errata changes for staff’s approval within 30 days of approval of the Plan.
16.Within three weeks of staff’s approval of the finalized Relocation Plan, the applicant shall send a copy of the Relocation Plan to all eligible households in both English and Spanish.
17.The applicant shall provide a waiver with all move out documentation for tenants who move out without participating in the OTRM program prior to being sent the notice of termination of tenancy. The waiver shall include an acknowledgement that by moving out prior to receiving notice of termination of tenancy, the tenant relinquishes rights to relocation benefits, including relocation payments, temporary replacement apartments, and right of return units. A copy of this form shall be provided to Rent Stabilization Program Staff.
Attachment I: Ordinance Approving Development Agreement (with Development Agreement)
Section 4.5.2(d) of the Development Agreement shall be revised as follows (additional language shown in underline):
“The Parties anticipate that, based on the anticipated estimated size of an OffSite AH Parcel, the AH Developer would construct approximately between 70-89 Off-Site AH Units thereon. If the AH Developer’s planning application for the OffSite AH Units is for fewer than 20% of the Net New Units (the “Minimum Off-Site AH Units”), then Developer shall be required to pay to the City upon issuance of building permits for dwelling units in the Project, with respect to each Minimum Off-Site AH Unit not then constructed, an in-lieu fee in the amount of the inclusionary housing in-lieu fee amount in effect at the time of issuance of the first building permit for the Project, based on the Guidelines Calculation (the “AH In-Lieu Fee”), plus an additional five percent (5%) of the AH In-Lieu Fee for each of the Minimum Off-Site AH Units not constructed. If the AH Developer has not submitted planning applications for the Off-Site AH Units before issuance of the first building permit for the Project because of the occurrence of one or more of the types o” events described within the definition of Permitted Delay in Section
1.1.25 (together, “AH Force Majeure”), Developer shall pay the AH In-Lieu Fee at the time such planning applications are submitted but in no event later than the issuance of the first Certificate of Occupancy for the Project. For avoidance of doubt, the AH In-Lieu Fee is intended to cover the difference between the number of Off-Site AH Units actually constructed on the Off-Site AH Parcel and the number of AH Units that would otherwise be required under the City AH Regulations to meet the requirement for 20% On-Site AH Units. The total amount of AH In-Lieu Fees payable under this Section 4.5.2(d) shall be adjusted to reflect any variance in the number of AH Units actually constructed on the OffSite AH Parcel at the time that building permits are issued for the Off-Site AH Units and also to reflect any Safety Net Units (defined in Section 4.5.3) that remain occupied by households ineligible to occupy an Off-Site AH Unit. Any adjustment to the AH In-Lieu Fees will be further adjusted once a Safety Net Unit tenant ineligible for an Off-Site AH Unit vacates the Safety Net Unit or their income exceeds that specified in Section 4.5.3(i).”
Attachment L: Relocation Plan
1. Page 8: The following text shall be inserted at the end of the first paragraph on the page: “As of approval of this Relocation Plan, 93 households are eligible for Relocation Benefits under this plan, including 58 households within the Euclid Improvements Area, 27 households who have relocated to their Replacement Apartment early as part of the Optional Tenant Requested Move program, and 8 households which left between the date Woodland Park announced the Euclid Improvements (December 2018) and date Woodland Park sent the final, signed relocation commitments to all affected households (October 2019).”
2. Page 20: The following text shall be inserted after the heading “2.) Rent Level”:
“Tenants who use their garage for storage will be offered alternative storage space with both their Replacement Apartment and Right of Return Apartment.”
3. Page 26: After heading E, the following text shall be inserted: “Upon handdelivery, the individual shall also request signature from head of household of receipt of the communication. The recipient of the written communications may refuse to provide signature.”
4. Page 28: The following shall be inserted at the end of the first paragraph on page 28: “Tenants will have a minimum of 90 days after receiving the Tenant Choice and Replacement Apartment Notice to select their Replacement Apartment and move out of their existing units.”
5. Page 32: A Notice of Relocation Plan Approval (without Notice of Termination of Tenancy attachment) and Optional Tenant Requested Move Reminder to be inserted after Page 32 of the Relocation Plan.
6. The following Rent Stabilization Program staff contact information shall be added to all tenant communications:
If you would like to file a formal complaint regarding the implementation of the Relocation Plan to be heard at a Rent Stabilization Board Hearing, please contact the City’s Rent Stabilization Program Staff:
East Palo Alto Rent Stabilization Program:
2415 University Avenue, 2nd Floor
East Palo Alto, CA 94303
650-853-3157
650-853-3114
[email protected]