East Palo Alto City Council February 21, 2023 Agenda Page 1 of 4
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING AGENDA
February 21, 2023, 6:30 PM
EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.
The public may participate in the City Council Meeting via Zoom Meeting or by attending in-person in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303. Community members may provide comments by emailing [email protected], submitting a speaker card at the meeting or using the “RAISE HAND” feature when the Mayor or City Clerk call for public comment. Emailed comments should include the specific agenda item on which you are commenting.
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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council February 21, 2023 Agenda Page 2 of 4
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))
3. APPROVAL OF CONSENT CALENDAR
1. May 26, 2022 - September 6, 2022, and February 7, 2023 Minutes Recommendation: Adopt the May 26, 2022 - September 6, 2022, and February 7, 2023 Minutes.
2. Mayoral Committee Appointments and Assignments
Recommendation: Confirm the City Council appointments and assignment list and direct staff to notify affected agencies.
3. FY 2022-23 Second Quarter Treasury Report
Recommendation: Accept and file the Treasury Report for the second quarter ended December 31, 2022.
4. A Proclamation of The City of East Palo Alto in Honor of A. Peter Evans
4. CLOSED SESSION - NONE
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
1. Update on Community Calendar
Recommendation: Receive and file report on the community calendar.
7. SPECIAL PRESENTATIONS - NONE
8. PUBLIC HEARINGS
1. 2023-2031 Housing Element Adoption
Recommendation: Staff recommends that the City Council conduct a public hearing and adopt a resolution that:
1. Adopts a General Plan Amendment (GP23-001) to update the Housing Element of the General Plan for the 6th Cycle Housing Element (“2023-2031 Housing Element”);
2. Finds that the 2023-2031 Housing Element affirmatively furthers fair housing and substantially complies with State Housing Element Law;
3. Repeals the 5th Cycle 2015-2031 Housing Element;
4. Finds the 2023-2031 Housing Element exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), common sense exemption; and
5. Direct and authorize Staff to provide the 2023-2031 Housing Element for the 6th Cycle to the Department of Housing and Community Development (“HCD”) for its 60-day East Palo Alto City Council February 21, 2023 Agenda Page 3 of 4 Review, to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law, and to make all legally permissible changes to the Housing Element to make it internally consistent or to address any legally permissible changes or amendments requested by the Department to achieve certification.
9. POLICY AND ACTION
1. Police Chief Recruitment Process Update
Recommendation:
1. Receive an update on Councilmember Martha Barragan’s appointment of Ms. Maria Rocha to the Community Panel in place of former Councilmember Regina WallaceJones's appointee, Mr. Olatunde Sobomehin and authorize the city manager to work directly with each City Councilmember appointing any alternates to the community panel, as needed.
2. Adopt a resolution approving an updated police chief selection process and repeal Resolution 5034.
2. Mid-year Budget Amendment FY22-23
Recommendation: Adopt a Resolution approving Amendments to the Fiscal Year (FY) 2022-23 Budget.
3. Meeting Format for Boards and Commissions after February 2023 Recommendation: By motion, provide direction on how the City Council and City boards and commissions shall conduct regular proceedings following the official expiration of the pandemic state of emergency.
10. COUNCIL REPORTS
11. ADJOURNMENT
East Palo Alto City Council February 21, 2023 Agenda Page 4 of 4 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 fr om d isclo su re pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at th e Ci ty Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to th e City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to p ost 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 pert aining t o 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, 2
ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal bus iness hours .
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, et c. s hould be provided for this purpose.
East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or s ervices 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 le ast 7 2 hours prior to the meeting.
POSTED: February 16, 2023
ATTEST:
James Colin
City Clerk
Future Meetings:
Meeting Date Time
Regular Meeting March 7, 2023 6:30 p.m.
Regular Meeting March 21, 2023 6:30 p.m.
Study Session March 30, 2023 6:00 p.m.
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: May 26, 2022 - November 1, 2022, and February 7, 2023 Minutes Recommendation
Adopt the May 26, 2022 - November 1, 2022, and February 7, 2023 Minutes Background
The City Council shall consider the approval of the Minutes from May 26, 2022 - November 1, 2022, and February 7, 2023.
Attachments
1. Draft Minutes 5-26-2022
2. Draft Minutes 6-7-2022
3. Draft Minutes 6-21-2022 Regular Meeting
4. Draft Minutes 6-21-2022 Special Meeting
5. Draft Minutes 7-5-2022 Regular Meeting
6. Draft Minutes 7-5-2022 Special Meeting
7. Draft Minutes 7-19-2022
8. Draft Minutes 7-26-2022
9. Draft Minutes 9-6-2022
10. Draft Minutes 9-20-2022
11. Draft Minutes 10-4-2022
12. Draft Minutes 10-18-2022
13. Draft Minutes 10-29-2022
14. Draft Minutes 10-31-2022
15. Draft Minutes 11-1-2022
16. Draft Minutes 2-7-2023
3.1 Packet Pg. 5
East Palo Alto City Council May 26, 2022 Minutes Page 1 of 1
EAST PALO ALTO CITY COUNCIL
BUDGET MEETING MINUTES
MAY 26, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Lisa Gauthier at 6:02 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Absent
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
3. CLOSED SESSION
4. STAFF REPORT
1. FY 2022-23 Proposed Budget Hearing Session No. 2
5. ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
3.1.a
Packet Pg. 6
Attachment: Draft Minutes 5-26-2022 (2574 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 1 of 4
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
JUNE 7, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Ruben Abrica at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Remote 6:31 PM
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
1. On-Call Electrical Contractor
RESULT: APPROVE [UNANIMOUS]
2. First Amendment to the Professional Services Agreement with Harris & Associates, Inc. for Implementing the Water Distribution System Asset Management Plan
RESULT: APPROVE [UNANIMOUS]
3. Award of Business License Tax Administration Services to HdL Companies RESULT: APPROVE [UNANIMOUS]
4. Amendment Six with Youth Community Service for Distribution of Gift Cards to Encourage Vaccination
Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
5. One-Time Vacation Pay Out Program
3.1.b
Packet Pg. 7
Attachment: Draft Minutes 6-7-2022 (2574 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 2 of 4 RESULT: APPROVE [UNANIMOUS]
6. Proposed Contract Amendment with Verde Designs for the Martin Luther King Jr.
Park Master Plan
RESULT: APPROVE [UNANIMOUS]
7. Comment Letter to the Notice of Preparation for the Strategy to Advance Flood Protection, Ecosystems and Recreation along the San Francisco Bay Project RESULT: APPROVE [UNANIMOUS]
8. Resolution Authorizing an Application to the U.S. Department of Justice for Participation in the FY 2022 Community Oriented Policing Services Hiring Program RESULT: APPROVE [UNANIMOUS]
9. Ratifying Purchases and Authorizing New Purchases from Comcast RESULT: APPROVE [UNANIMOUS]
10. Revised Ballot Measure Language for Gross Receipts Tax Measure RESULT: APPROVE [UNANIMOUS]
11. Proclamation of the City of East Palo Alto Celebrating Juneteenth RESULT: APPROVE [UNANIMOUS]
12. Proclamation of the City of East Palo Alto Celebrating LGBTQ+ Pride Month RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION - NONE
5. PUBLIC COMMENT
- Manaal Shafi
6. INFORMATIONAL REPORTS
Report provided by Fire Marshall Jon Johnston and Police Chief Jeff Liu
1. Fireworks and Overall Public Safety Report
7. SPECIAL PRESENTATIONS
1. Presentation from Vanessa Russell on Sex Trafficking
8. ADJOURN CITY COUNCIL REGULAR MEETING TO THE JOINT SUCCESSOR AGENCY
9. JOINT SUCCESSOR AGENCY BOARD SPECIAL MEETING
1. Adoption of Fiscal Year 2022-23 Successor Agency Budget Motion: Carlos Romero
Second: Lisa Gauthier
3.1.b
Packet Pg. 8
Attachment: Draft Minutes 6-7-2022 (2574 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 3 of 4 RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
10. ADJOURN JOINT SUCCESSOR AGENCY BOARD SPECIAL MEETING and RECONVENE
11. PUBLIC HEARINGS
1. Adoption of Fiscal Year 2022-23 Budget
Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
2. Establishing the Fiscal Year 2022-23 Appropriation Limit Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. Inclusionary Housing In-Lieu Fee Update for FY 2022-23 Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez
AWAY: Wallace-Jones
12. POLICY AND ACTION
1. Municipal Service Review for the City of East Palo Alto, the East Palo Alto Sanitary District, and the West Bay Sanitary District
Patrick Heisinger Interim City Manager provided a presentation.
Public Speakers:
- Jeff Poetsch
- Gail Wilkerson
- Susan
- Mark Dinan
Motion: Antonio Lopez
Second: Carlos Romero
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez
AWAY: Wallace-Jones
3.1.b
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Attachment: Draft Minutes 6-7-2022 (2574 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 4 of 4
2. Update and Recommendations Regarding the City’s Unhoused Residents Public Speakers:
- Gail Wilkerson
- Q. Smith
Motion: Lisa Gauthier
Second: Antonio Lopez
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. Proposed Strategy for Final Disbursement of Remaining Measure C Funding Motion: Lisa Gauthier
Second: Carlos Romero
Presentation provided by Interim City Manager Patrick Heisinger.
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
4. Initial City Reopening Plan
Presentation provided by Interim City Manager Patrick Heisinger.
Direction to bring back a plan in July.
5. COVID-19 Vaccination Program Regular Update
Presentation provided by Interim City Manager Patrick Heisinger.
13. COUNCIL REPORTS
14. ADJOURNMENT
The meeting was adjourned at 10:28 p.m.
3.1.b
Packet Pg. 10
Attachment: Draft Minutes 6-7-2022 (2574 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
JUNE 21, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Ruben Abrica at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
1. Building Support Services
RESULT: APPROVE [UNANIMOUS]
2. David J. Powers Agreement for Environmental Review Services RESULT: APPROVE [UNANIMOUS]
3. Authorizing New Information Technology Equipment Purchases Motion: Regina Wallace-Jones Second: Carlos Romero
RESULT: APPROVE [UNANIMOUS]
4. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
RESULT: APPROVE [UNANIMOUS]
5. Proclamation of the City of East Palo Alto in Celebration of the 39th Anniversary of Incorporation and the founding of the East Palo Alto City Government on July 1st, 1983
3.1.c
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Attachment: Draft Minutes 6-21-2022 Regular Meeting (2574 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 2 of 3 RESULT: APPROVE [UNANIMOUS]
6. Canopy Amendment #1
RESULT: APPROVE [UNANIMOUS]
7. Monthly Cash Treasury Report for April 2022
RESULT: APPROVE [UNANIMOUS]
8. Parking Restrictions – Donohoe Street, Blue Jay Court, and Salas Court RESULT: APPROVE [UNANIMOUS]
9. Streetlight Project Update
RESULT: APPROVE [UNANIMOUS]
10. Declaring a Water Shortage Emergency and Implementing Level 2 of the Water Shortage Contingency Plan
Motion: Lisa Gauthier
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
11. Planning Commission Stipend Increase
Public Speakers:
Javanni Brown-Austin
Michael Mashack
Q Smith
Motion: Carlos Romero
Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
12. Proclamation of the City of East Palo Alto celebrating the work of the Boys and Girls Club of the Peninsula, now serving youth throughout the County of San Mateo, from East Palo Alto to Daly City
RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
Interim City Attorney Marc Hynes reported that there is no reportable action.
3.1.c
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Attachment: Draft Minutes 6-21-2022 Regular Meeting (2574 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 3 of 3
5. PUBLIC COMMENT
6. INFORMATIONAL REPORTS
7. SPECIAL PRESENTATIONS
8. PUBLIC HEARINGS
1. Military Equipment
Public Comment:
Mildred McKean
Gail Wilkerson
Motion: Antonio Lopez
Second: Lisa Gauthier
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
2. Consideration of a Fireworks Urgency Ordinance
Public Comment:
Mildred Mckean
Gail Wilkerson
Alicia McKean
Motion: Antonio Lopez
Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
9. POLICY AND ACTION
1. Update and Next Steps following SMLAFCo Adoption of the Municipal Service Review for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Public Comments:
Court Skinner
Gail Wilkerson
Jeff Poetsch
2. San Francisco International Airport Community Roundtable Public Comments:
Gail Wilkerson
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 10:04 p.m.
3.1.c
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Attachment: Draft Minutes 6-21-2022 Regular Meeting (2574 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 1 of 1
EAST PALO ALTO CITY COUNCIL
SPECIAL MEETING MINUTES
JUNE 21, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 5:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
3. INTERVIEW APPLICANTS & MAKE APPOINTMENTS TO THE PUBLIC WORKS &
TRANSPORTATION COMMITTEE & THE RENT STABILIZATION BOARD
1. Public Works and Transportation Commission Appointments Interviews were conducted and appointments were made for the Public Works and Transportation Committee.
2. Rent Board Appointments
Interviews were conducted and appointments were made for the Rent Stabilization Board.
4. ADJOURNMENT
The meeting was adjourned at 6:50 p.m.
3.1.d
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Attachment: Draft Minutes 6-21-2022 Special Meeting (2574 : Previous Minutes) East Palo Alto City Council July 5, 2022 Minutes Page 1 of 2
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
JULY 5, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Lisa Gauthier at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Absent
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Gauthier, Lopez, Wallace-Jones
ABSENT: Abrica
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Gauthier, Lopez
ABSENT: Abrica, Wallace-Jones
1. Update on East Palo Alto Career Center’s Advisory Committees RESULT: APPROVE [UNANIMOUS]
2. East Palo Alto Electronic & Digital Signature Policy RESULT: APPROVE [UNANIMOUS]
3. Agreement with Bay Area Community Resources for Climate Action Plan Update and Implementation Fellow
RESULT: APPROVE [UNANIMOUS]
4. Agreement for Information Technology Support with the City of Redwood City RESULT: APPROVE [UNANIMOUS]
5. Military Equipment Ordinance and Policy - Second Reading RESULT: APPROVE [UNANIMOUS]
3.1.e
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Attachment: Draft Minutes 7-5-2022 Regular Meeting (2574 : Previous Minutes) East Palo Alto City Council July 5, 2022 Minutes Page 2 of 2
4. CLOSED SESSION
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
6. INFORMATIONAL REPORTS
1. National Night Out
7. SPECIAL PRESENTATIONS
1. Presentation on the San Mateo County Mosquito and Vector Control District
8. PUBLIC HEARINGS
9. POLICY AND ACTION
1. Accept Report and Provide Direction on Anti-Displacement Services Motion: Antonio Lopez
Second: Carlos Romero
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Gauthier, Lopez
ABSENT: Abrica, Wallace-Jones
2. COVID-19 Vaccination Program Regular Update
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
3.1.e
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Attachment: Draft Minutes 7-5-2022 Regular Meeting (2574 : Previous Minutes) East Palo Alto City Council July 5, 2022 Minutes Page 1 of 1
EAST PALO ALTO CITY COUNCIL
SPECIAL MEETING MINUTES
JULY 5, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Councilor Lisa Gauthier at 5:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Absent
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Absent
2. APPROVAL OF THE AGENDA
Motion: Carlos Romero
Second: Lisa Gauthier
3. ADJOURNMENT INTO CLOSED SESSION
4. COMMITTEE AND COMMISSION APPOINTMENTS
1. Committee and Commission Appointments
Applicants were interviewed and appointments were assigned.
5. ADJOURNMENT
The meeting was adjourned at 6:50 p.m.
3.1.f
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Attachment: Draft Minutes 7-5-2022 Special Meeting (2574 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
JULY 19, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Absent
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
1. Quarterly COVID-19 Emergency Reporting
RESULT: APPROVE [UNANIMOUS]
2. City Participation in Leadership Council San Mateo County.
RESULT: APPROVE [UNANIMOUS]
3. Contract Close Out with Temporary Agency
RESULT: APPROVE [UNANIMOUS]
4. Classification Modifications for FY2022-23 Budget
Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
5. Adopt a Resolution Approving California Office of Emergency Services Form 130 Designation of Agent
3.1.g
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Attachment: Draft Minutes 7-19-2022 (2574 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 2 of 3 RESULT: APPROVE [UNANIMOUS]
6. Monthly Cash Treasury Report for May 2022.
RESULT: APPROVE [UNANIMOUS]
7. Authorization to apply for the OBAG3 grant
RESULT: APPROVE [UNANIMOUS]
8. Accept San Mateo County’s Office of Aging and Adult Services (OAAS) grant funding through 2022/2026 for Congregate Nutrition and Transportation Programs RESULT: APPROVE [UNANIMOUS]
9. Designating a voting delegate and up to two alternates to the California League of Cities 2022 Annual Conference September 7-9, 2022, Long Beach.
RESULT: APPROVE [UNANIMOUS]
10. John Bostic Proclamation
RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
City Attorney confirmed that there was no reportable action.
5. PUBLIC COMMENT
6. INFORMATIONAL REPORTS
1. Traffic Calming Update
2. Street Sweeping Project Update
7. SPECIAL PRESENTATIONS - NONE
8. PUBLIC HEARINGS
1. Inclusionary Housing Alternative Compliance Option for Development Project on Lincoln St.
Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
9. POLICY AND ACTION
3.1.g
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Attachment: Draft Minutes 7-19-2022 (2574 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 3 of 3
1. Compensation Adjustments and Agreements with SEIU, MEA, and Unrepresented Employment Groups
Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
2. Approval of the Terms of a Tentative Agreement and Memorandum of Understanding with the Police Officers’ Association (POA) Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
3. Proposed Specific Plan for Bell Street Park in Partnership with the Magical Bridge Foundation
RESULT: RECEIVED AND FILED [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
4. Update on the Draft Housing Element
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
5. Consideration of Measure C Funding to Support Two Community-Based Organization Initiatives: Community Overcoming Relationship Abuse and One East Palo Alto/El Concilio’s Sponsored Employment Program
Motion: Regina Wallace-Jones
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
6. City Hall and Tate Street Reopening Plan
7. COVID-19 Vaccination Program Regular Update
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 11:02 p.m.
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Attachment: Draft Minutes 7-19-2022 (2574 : Previous Minutes) East Palo Alto City Council July 26, 2022 Minutes Page 1 of 1
EAST PALO ALTO CITY COUNCIL
STUDY SESSION MINUTES
JULY 26, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:00 p.m.
Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
3. APPROVAL OF CONSENT CALENDAR
1. Actions Related to Information Technology Software Licenses RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
2. Actions Related to the City's Vendors Responsible for Providing Photo Copier Services
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
4. STUDY SESSION
1. Study Session on the Next Steps following San Mateo LAFCo (SMLAFCo) Municipal Service Review (MSR) Updates for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Report provided by
2. Ravenswood Business District Specific Plan – Community Benefits and Associated Policies/Programs
Report and presentation provided by Matt Raimi from Raimi and Associates, Patrick Heisinger, and Amy Chen.
5. ADJOURNMENT
The meeting was adjourned at 10:01 p.m.
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Attachment: Draft Minutes 7-26-2022 (2574 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 1 of 4
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:31 p.m.
Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Absent
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Lopez, Wallace-Jones
ABSENT: Gauthier
3. APPROVAL OF CONSENT CALENDAR
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Lopez, Wallace-Jones
ABSENT: Gauthier
1. April 5, 2022 - May 23, 2022 Minutes
RESULT: ADOPT [UNANIMOUS]
2. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
RESULT: ADOPT [UNANIMOUS]
3. Proposed Amendment to the Agreement with WRT for Services Related to the East Palo Alto Parks Master Plan
RESULT: ADOPT [UNANIMOUS]
4. Agreement with Youth Community Service for Oversight and Coordination of East Palo Alto Pandemic Aid Staff
Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
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Attachment: Draft Minutes 9-6-2022 (2574 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 2 of 4
5. Results from 2022 Summer Park Activation & Request to Extend Programming for Elder Community
Motion: Regina Wallace-Jones
Second: Ruben Abrica
RESULT: ADOPT [UNANIMOUS]
6. Notice of Completion - Bay Road Phase II & III
RESULT: ADOPT [UNANIMOUS]
7. Suicide Prevention Month Proclamation
Jean Perry received the proclamation.
Motion: Regina Wallace-Jones
Second: Carlos Romero
RESULT: ADOPT [UNANIMOUS]
8. Proclamation Celebrating September 15 through October 15 as Latina/o Culture and History Month
RESULT: ADOPT [UNANIMOUS]
4. SUCCESSOR AGENCY CONSENT
Adjourn into Successor Agency Consent
Motion: Regina Wallace-Jones Second: Carlos Romero
Reconvene to open Session
1. Approval of San Mateo County Community College District Obligation
5. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
Interim City Attorney Valerie Armento no reportable action.
D. REPORT OUT OF CLOSED SESSION
6. PUBLIC COMMENT
- Gail Wilkerson
- Laura Rubio
- Q Smith
- Ashley Coker
7. INFORMATIONAL REPORTS
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Attachment: Draft Minutes 9-6-2022 (2574 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 3 of 4
8. SPECIAL PRESENTATIONS - NONE
9. PUBLIC HEARINGS
1. Woodland Park Euclid Improvements
Kelly Beggs presented on behalf of the City and Mike Kramer presented as the applicant.
Public Speakers:
- Rosanne Foust
- Art Taylor
- Steve Kennedy
- Gail Wilkerson
- Kendra Ma
- Laura Rubio
- Letty Martinez
- Andrea Osgood
- Lidia Garcia
- Jordan Grimes
- Ken Chan
- 6504683283
- Belen Cruz
- Teresa Morales
- Salvador Cordova
- Ali Sapirman
- Elidio Romero
- Nancy Lopez
- Teresa Prado
- Q Smith
- Ashley Coker
- Michele
- Marisela Ramos
- Glemin
- Adrienne Bryant
- Larry Moody
- Zoom User
- Estefani Ruiz
- Hailey
- Tae
- Xenia Hernandez
- Ingrid Ruiz
- Moana Kofutua
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Attachment: Draft Minutes 9-6-2022 (2574 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 4 of 4 - Julian
- Ofelia Bello
- Omar
- Amy Arrellin
- Cristal Montes
- Susan
- Claudia Magadan
- Cecilia Gaona
Public Hearing closed at 10:34 PM
Continue Public Hearing to 9/20 City Council Meeting. M: AL S: CR RESULT: CONTINUED [UNANIMOUS]
AYES: Romero, Abrica, Lopez, Wallace-Jones
ABSENT: Gauthier
10. POLICY AND ACTION - NONE
11. COUNCIL REPORTS
Councilmember Antonio Lopez, Regina Wallace-Jones, and Mayor Abrica provided reports.
12. ADJOURNMENT
The meeting was adjourned at 11:30 p.m.
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Attachment: Draft Minutes 9-6-2022 (2574 : Previous Minutes) East Palo Alto City Council September 20, 2022 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:31 p.m.
Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Late 6:39 PM
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Wallace-Jones
ABSENT: Lopez
1. Award of contract to Frank and Grossman Landscape Contractor, Inc. for Janitorial Services
RESULT: APPROVE [UNANIMOUS]
2. Renovation and Recapitalization of Nugent Square Apartments at 2361 University Ave
RESULT: APPROVE [UNANIMOUS]
3. On-Call Arborist Consulting Services for Tree Evaluations on Private Property RESULT: APPROVE [UNANIMOUS]
4. West Coast Arborists Contract Amendment for $50,000 - Public Trees RESULT: APPROVE [UNANIMOUS]
5. 4th Quarter Treasury Report FY2021-22
RESULT: APPROVE [UNANIMOUS]
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Attachment: Draft Minutes 9-20-2022 (2574 : Previous Minutes) East Palo Alto City Council September 20, 2022 Minutes Page 2 of 3
6. Grant Application for TA Cycle 6 Bike/Ped Program Funding – East Bayshore Sidewalk Improvements
RESULT: APPROVE [UNANIMOUS]
7. Update on the Chief of Police Recruitment
RESULT: APPROVE [UNANIMOUS]
8. Convenience Fee for Online Payments of Business License Tax and Penalties RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION - NONE
5. PUBLIC COMMENT
Jane Stahl
6. INFORMATIONAL REPORTS
Patrick Heisinger, Interim City Manager provided an oral report on Hybrid Meetings.
7. SPECIAL PRESENTATIONS
1. Intelligent Transit Signal Priority Project Update
Andrew Clark provided a presentation.
2. Special Presentation from the East Palo Alto Sanitary District on Financing Options to Fund Infrastructure Improvements
Akin Okupe, Mark Hildbrand provided a presentation.
Public speakers:
- Gail Wilkerson
- Q Smith
8. PUBLIC HEARINGS
1. Woodland Park Euclid Improvements
Public Comment:
- Comite Latino
- Marisela Ramos
- Fernando Solorio
- Maria Cruz
- Oleta Proctor
Close public hearing: continue to October 4th
RESULT: CONTINUED [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
9. POLICY AND ACTION
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Attachment: Draft Minutes 9-20-2022 (2574 : Previous Minutes) East Palo Alto City Council September 20, 2022 Minutes Page 3 of 3
1. Use of American Rescue Plan Act (ARPA) Funds
Tomo Oku and Patrick Heisinger provided a presentation.
Public Comment:
- Millie
- Gail Wilkerson
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 10:42 p.m.
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Attachment: Draft Minutes 9-20-2022 (2574 : Previous Minutes) East Palo Alto City Council October 4, 2022 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
OCTOBER 4, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Ruben Abrica at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
1. Proposed Increase to City's Local Minimum Wage by the Consumer Price Index RESULT: APPROVE [UNANIMOUS]
2. FY22 Limited Budget Amendment
RESULT: APPROVE [UNANIMOUS]
3. Monthly Cash Treasury Report for July 2022
RESULT: APPROVE [UNANIMOUS]
4. AB 361 Authority for Virtual Meetings
RESULT: APPROVE [UNANIMOUS]
5. Actions Related to Consultant Agreements in Support of City Human Resources Activities
RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION
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Attachment: Draft Minutes 10-4-2022 (2574 : Previous Minutes) East Palo Alto City Council October 4, 2022 Minutes Page 2 of 3 A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
No reportable action from closed session.
D. REPORT OUT OF CLOSED SESSION
5. PUBLIC COMMENT
- Gail Wilkerson
- Inty
- Paul Bocanegra
- Mary Beth Bywkosky
- Q Smith
- Alicia McKean
- Larry Moody
6. INFORMATIONAL REPORTS
1. Police Department Recruitment and Hiring Update
2. Temporary Traffic Circles Installations
3. Informational Report on Water Quality
Public Comment:
- Heleine Grewe
- Alicia McKean
- Bryan Lincoln
- Camelia Pittman
- Gail Wilkerson
- Millie
- Q Smith
- Niambi Lincoln
- Susan
7. SPECIAL PRESENTATIONS
1. Introduction to Menlo Park Fire District Chief Mark Lorenzen/Update from Menlo Fire
8. PUBLIC HEARINGS
1. Woodland Park Euclid Improvements
Motion: Regina Wallace-Jones
Second: Lisa Gauthier
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
9. POLICY AND ACTION
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Attachment: Draft Minutes 10-4-2022 (2574 : Previous Minutes) East Palo Alto City Council October 4, 2022 Minutes Page 3 of 3
1. Menlo Balance Ballot Measure (Measure V)
Interim City Manager, Patrick Heisinger provided a presentation. Jenny Bloom provided comments.
Public Comment:
- Alicia McKean
- Q Smith
- Larry Moody
- Gail Wilkerson
Motion: Lisa Gauthier
Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
2. Actions Related to the 2022 Water System Master Plan Adoption Motion to extend the City Council meeting to 12:30 PM
Motion: Carlos Romero
Second: Antonio Lopez
Motion to approve item 9.2
Motion: Regina Wallace-Jones
Second: Carlos Romero
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. Consideration of Applying to SMLAFCo to Request the East Palo Alto Sanitary District (EPASD) become a Subsidiary District of the City of East Palo Alto RESULT: CONTINUED [UNANIMOUS]
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 12:31 p.m.
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Attachment: Draft Minutes 10-4-2022 (2574 : Previous Minutes) East Palo Alto City Council October 18, 2022 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
OCTOBER 18, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Ruben Abrica at 6:34 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Mayor Present
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote 6:36 PM
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
1. Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement Alignment
RESULT: APPROVE [UNANIMOUS]
2. Monthly Cash Treasury Report for August 2022
RESULT: APPROVE [UNANIMOUS]
3. Quarterly COVID-19 Emergency Reporting
RESULT: APPROVE [UNANIMOUS]
4. Citywide Technology Projects Status Update
RESULT: APPROVE [UNANIMOUS]
5. Extension of Planning Entitlements and Building Permits Due to Pending Resolution of Sanitary Sewer Infrastructure and Service Issues RESULT: APPROVE [UNANIMOUS]
6. Resolution to Adjust Pay Step for Lateral Entry Police Officers Hired in 2020
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Attachment: Draft Minutes 10-18-2022 (2574 : Previous Minutes) East Palo Alto City Council October 18, 2022 Minutes Page 2 of 3 RESULT: APPROVE [UNANIMOUS]
7. Renewal of Peninsula Volunteers Agreement for City’s Senior Congregate Nutrition Program
RESULT: APPROVE [UNANIMOUS]
8. CSG Staff Augmentation Fifth Contract Amendment
RESULT: APPROVE [UNANIMOUS]
9. Informational Report on Police Chief Recruitment
RESULT: APPROVE [UNANIMOUS]
10. Request for Fee Waiver for Public Agency- San Mateo County Mosquito & Vector Control District
RESULT: APPROVE [UNANIMOUS]
11. Introduction of an Ordinance Adopting Updated Building Codes RESULT: APPROVE [UNANIMOUS]
12. Amendment to Fleet Maintenance Service Agreement
RESULT: APPROVE [UNANIMOUS]
13. Resolution to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool
RESULT: APPROVE [UNANIMOUS]
14. Peter Fortenbaugh Proclamation
RESULT: APPROVE [UNANIMOUS]
15. Letter from the Mayor on behalf of the City Council of East Palo Alto supporting Fixin’ San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff’s office.
RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
Valerie Armento Interim City Attorney reported that there was no reportable action other than scheduling.
D. REPORT OUT OF CLOSED SESSION
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Attachment: Draft Minutes 10-18-2022 (2574 : Previous Minutes) East Palo Alto City Council October 18, 2022 Minutes Page 3 of 3
5. PUBLIC COMMENT
Weng Tam
6. INFORMATIONAL REPORTS
Interim City Manager Patrick Heisinger provided a report.
7. SPECIAL PRESENTATIONS
8. PUBLIC HEARINGS
Greg Henry, Senior Management Analyst provided a report.
1. Water Rate Reduction
Motion: Regina Wallace-Jones
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
9. POLICY AND ACTION
1. Consideration of Applying to SMLAFCo to Request the East Palo Alto Sanitary District (EPASD) become a Subsidiary District of the City of East Palo Alto Jeffrey Tarantino provided a presentation.
Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez
ABSTAIN: Wallace-Jones
2. Traffic Calming – East Bayshore Avenue and Woodland Avenue Motion: Carlos Romero
Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez
ABSTAIN: Wallace-Jones
3. American Rescue Plan Act (ARPA) Funding Recommendations RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones
10. COUNCIL REPORTS
11. ADJOURNMENT
The meeting was adjourned at 10:53 p.m.
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Attachment: Draft Minutes 10-18-2022 (2574 : Previous Minutes) East Palo Alto City Council October 29, 2022 Minutes Page 1 of 1
EAST PALO ALTO CITY COUNCIL
SPECIAL MEETING MINUTES
OCTOBER 29, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 1:00 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Mayor Present
Lisa Gauthier Vice Mayor Present
Antonio Lopez Councilor Present
Regina Wallace-Jones Councilor Late 2:00 PM
2. CLOSED SESSION
1. Closed Session
Title: City Attorney
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
City Attorney confirmed that there was no reportable action.
D. REPORT OUT OF CLOSED SESSION
3. APPROVAL OF THE AGENDA
Meeting was adjourned at 3:33 PM
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Attachment: Draft Minutes 10-29-2022 (2574 : Previous Minutes) East Palo Alto City Council October 31, 2022 Minutes Page 1 of 1
EAST PALO ALTO CITY COUNCIL
SPECIAL MEETING MINUTES
OCTOBER 31, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Ruben Abrica at 7:00 AM Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
Motion: Lisa Gauthier
Second: Carlos Romero
3. CLOSED SESSION
1. Closed Session pursuant to Government Code Section 54957 PUBLIC EMPLOYMENT Title: City Manager
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
City Attorney confirmed that there was no reportable action.
D. REPORT OUT OF CLOSED SESSION
Meeting adjourned at 10: 12 AM
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Attachment: Draft Minutes 10-31-2022 (2574 : Previous Minutes) East Palo Alto City Council November 1, 2022 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
NOVEMBER 1, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Mayor Late 6:34 PM
Ruben Abrica Vice Mayor Present
Lisa Gauthier Councilor Late 6:48 PM
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Lopez, Wallace-Jones
AWAY: Gauthier
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Lopez, Wallace-Jones
AWAY: Gauthier
1. Response to San Mateo County Civil Grand Jury Report: "The Other Water Worry:
Is Your Water Provider Prepared for the Big One?”
RESULT: APPROVE [UNANIMOUS]
2. Grand Jury Report: “A Delicate Balance between Knowledge and Power:
Government Transparency and the Public’s Right to Know” RESULT: APPROVE [UNANIMOUS]
3. Authorize the Purchase of Two Vehicles for the Building Services Division RESULT: APPROVE [UNANIMOUS]
4. Powell & Partners, Architects Contract Amendment Number Two for the City Hall Tenant Improvements
RESULT: APPROVE [UNANIMOUS]
5. Designation of CalOES Authorized Agents for All Past, Open, and Future Disasters Declared Up to Three Years from the Date of Approval
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Attachment: Draft Minutes 11-1-2022 (2574 : Previous Minutes) East Palo Alto City Council November 1, 2022 Minutes Page 2 of 3 RESULT: APPROVE [UNANIMOUS]
6. A Proclamation of The City of East Palo Alto Honoring Ana Pulido for Her Service to The Community
RESULT: APPROVE [UNANIMOUS]
7. Veterans Day Proclamation
RESULT: APPROVE [UNANIMOUS]
8. A Proclamation of The City of East Palo Alto Honoring Dorothy Romes for Her Service to The Community and In Celebration of Her 80th Birthday RESULT: APPROVE [UNANIMOUS]
9. AB 361 Authority for Virtual Meetings
RESULT: APPROVE [UNANIMOUS]
4. CLOSED SESSION -NONE
5. PUBLIC COMMENT
Peggu Lynch
18317636929
6. INFORMATIONAL REPORTS - NONE
7. SPECIAL PRESENTATIONS- NONE
8. PUBLIC HEARINGS
1. Woodland Park Euclid Improvements
8.1.1 Approved Unanimously
Motion: Antonio Lopez Second: Lisa Gauthier
8.1.2. Approved Unanimously
Motion: Antonio Lopez
Second: Ruben Abrica
8.1.3. Approved
Ayes: Romero, Abrica, Lopez, Gauthier
Abstain: Regina Wallace-Jones
Motion: Antonio Lopez
Second: Lisa Gauthier
8.1.4. Approved Unanimously
Motion: Antonio Lopez
Second: Ruben Abrica
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Attachment: Draft Minutes 11-1-2022 (2574 : Previous Minutes) East Palo Alto City Council November 1, 2022 Minutes Page 3 of 3
9. POLICY AND ACTION
1. Approval of Agreements for Anti-Displacement Services Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
10. COUNCIL REPORTS
Report on EPASD provided by Interim City Manager, Patrick Heisinger.
Speech writing contest - Antonio Lopez
Carlos Romero, Vote and Vaccinate event.
11. ADJOURNMENT
The meeting was adjourned at 10:18 p.m.
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Attachment: Draft Minutes 11-1-2022 (2574 : Previous Minutes) East Palo Alto City Council February 7, 2023 Minutes Page 1 of 3
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING MINUTES
FEBRUARY 7, 2023
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Councilor Lisa Gauthier at 6:30 p.m.
Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Councilor Remote
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Remote
Martha Barragan Councilor Remote
2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Barragan
3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Barragan
1. May 26, 2022 - September 6, 2022 Minutes
RESULT: CONTINUED TO 2/21/2023 MEETING [UNANIMOUS]
2. Mayoral Committee Appointments and Assignments
RESULT: CONTINUED TO 2/21/2023 MEETING [UNANIMOUS]
3. A Proclamation of The City of East Palo Alto Celebrating Lunar New Year RESULT: APPROVE [UNANIMOUS]
4. Proposed Amendment to Contract with Verde Designs for Additional CEQA Review of MLK Junior Park
RESULT: APPROVE [UNANIMOUS]
5. Request for Qualifications (RFQ) for Sanitary Sewer Services RESULT: APPROVE [UNANIMOUS]
6. Proposed Updated Terms for Library Acquisition
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Attachment: Draft Minutes 2-7-2023 (2574 : Previous Minutes) East Palo Alto City Council February 7, 2023 Minutes Page 2 of 3 RESULT: APPROVE [UNANIMOUS]
7. 2547 : Caltrans EPA US 101 Univ Ave Maint Agreement
RESULT: APPROVE [UNANIMOUS]
8. Black History Month Proclamation
RESULT: APPROVE [UNANIMOUS]
9. AB 361 Findings to Continue Virtual Meetings for the City Council and City Advisory Bodies
RESULT: APPROVE [UNANIMOUS]
4. PUBLIC COMMENT
Gail Wilkerson
5. INFORMATIONAL REPORTS
1. Status of Local Emergency - Winter Storms
Patrick Heisinger provided a report.
6. SPECIAL PRESENTATIONS - NONE
7. PUBLIC HEARINGS - NONE
8. POLICY AND ACTION
1. City Participation in the Age Friendly Communities Certification Presentation provided by Cynthia Nakayama and Maurice Baker.
RESULT: ADOPT [UNANIMOUS]
MOTION BY: Ruben Abrica
SECOND: Carlos Romero
AYES: Romero, Abrica, Gauthier, Lopez, Barragan
2. Proposed Final Design of Bell Street Park in partnership with Magical Bridge Presentation provided by Olenka Villareal and Maurice Baker.
RESULT: ADOPT [UNANIMOUS]
MOTION BY: Antonio Lopez
SECOND: Lisa Gauthier
AYES: Romero, Abrica, Gauthier, Lopez, Barragan
3. Approval of Business Discovery Program for Business Licenses - Presentation provided by Ian Davis from HDL Companies. - Lynn Gibson and Gail Wilkerson
- Updated the motion by providing businesses amnesty for penalty payment via the following breakdown:
Days 1-45 100% amnesty
Days 46-90 50% amnesty
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Attachment: Draft Minutes 2-7-2023 (2574 : Previous Minutes) East Palo Alto City Council February 7, 2023 Minutes Page 3 of 3 RESULT: ADOPT [UNANIMOUS]
MOTION BY: Antonio Lopez
SECOND: Ruben Abrica
AYES: Romero, Abrica, Gauthier, Lopez, Barragan
9. COUNCIL REPORTS
- Melvin Gaines and John Le welcomed by Mayor Lisa Gauthier. - Mayor Gauthier announced the Boys and Girls Club Youth of the Year and the inclusion of housing resources.
- Councilmember Abrica expressed consolation for mass shootings in Half Moon Bay and other areas in California.
10. ADJOURNMENT
The meeting was adjourned at 8:52 p.m.
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Attachment: Draft Minutes 2-7-2023 (2574 : Previous Minutes)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Mayoral Committee Appointments and Assignments Recommendation
Confirm the City Council appointments and assignment list and direct staff to notify affected agencies.
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
Individual members of the City Council represent the City of East Palo Alto on various local and regional boards, committees, and commissions. A fully updated appointment list needs to be updated to reflect council changes. The pending Attachment 1 to the staff report will note the current appointments the City Council will consider filling.
Attachments
1. East Palo Alto Committee Reports
3.2 Packet Pg. 43
Regional Agencies Council Representative Council Alternate Meeting Time Location Policy Area Association of Bay Area Governments
(ABAG)
Meetings & Events | Association of Bay Area
Governments (ca.gov)
Gauthier Romero Times vary
375 Beale Street
Suite 700
San Francisco
Housing
Bay Area Water Supply and
Conservation Agency (BAWSCA)
Meeting Agendas (bawsca.org)
Lopez N/A
6:30 – 8:45 PM
Every 3rd Thursday of the Month
Burlingame Community Center –
Sequoia Room
850 Burlingame Ave. Burlingame Water
City and County Association of
Governments (CCAG)
Board of Directors | C/CAG
Gauthier Barragan
6:30 – 9:00 PM
Every 2nd Thursday of the Month
Zoom for now
Hybrid starting March
Sam Trans Building
1250 San Carlos Ave
Transportation,
Stormwater Runoff,
Hazardous Waste,
Solid Waste and
Recycling, Air Quality,
Land Use Near
Airports…
Commute.org (Peninsula CleanEnergy
JPA)
About - Commute
Romero Lopez Every Third Thursday of Every other month Virtual Transportation Penisula Clean Energy JPA Board of
Directors - Peninsula Clean Energy Romero Barragan 2075 Woodside Road Redwood City Every fourth Thursday of every
month (except September,
November, and December) at
6:30 p.m.
Recycled Water Advisory Committee
Santa Clara Valley Water District - Board
Meetings (legistar.com)
Gauthier Romero
Times Vary
2nd & 4th Tuesday of the Month
Hybrid
San Jose 5700 Almaden Exressway
Re-Think Waste
Meetings – RethinkWaste Romero?? Gauthier
3:30 PM
Every 4th Thursday of the Month
Silicon Valley Clean Water
Administrative Offices 2nd floor
Pelican Conference Room
1400 Radio Road 2nd floor
San Francisquito Creek JPA
Santa Clara Valley Water District - Board
Meetings (legistar.com)
Abrica Gauthier Every 4th Thursday of the Month
San Mateo County Libraries JPA
JPA Governing Board | San Mateo County
Libraries (smcl.org)
Lopez Romero Times and dates vary 125 Lessingia Court, San Mateo San Mateo County Office of Emergency
Services
Department of Emergency Management |
Gauthier Abrica 5:30 PM – 7:00 PM Virtual
City Council Committee Assignments
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Attachment: East Palo Alto Committee Reports (2573 : Mayoral Committee Appointments and San Mateo County Mosquito and
Vector Control
Board Meetings - San Mateo County
Mosquito and Vector Control District
(smcmvcd.org)Board Meetings - San Mateo
County Mosquito and Vector Control
District (smcmvcd.org)
Donna Rutherford
(Representative not required to be on Council N/A 1351 Rollins Road, Burlingame CA 94010 Times and dates vary SFO Airport/Community Roundtable
Meetings – SFO Airport/Community
Roundtable (sforoundtable.org)
Barragan
David Chetcuti Community Room at Millbrae City
Hall, (due to Covid-19 meetings are held via Zoom
since March 2020) at 7pm unless noted to be at a
different location and time.
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Attachment: East Palo Alto Committee Reports (2573 : Mayoral Committee Appointments and
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: FY 2022-23 Second Quarter Treasury Report
Recommendation
Accept and file the Treasury Report for the second quarter ended December 31, 2022.
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 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. 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 in trust 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 December 31, 2022, the total deposit value of cash and investments equals $122,278,718. The book value of deposits equals $120,516,038, including outstanding checks and other minor adjustments of $1,762,680. Compared to the prior quarter ending in September 2022, the FY 2022-23 second quarter (Q2) ending on December 31, 2022, total
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book value balance increased by approximately $7.9M. The overall increase is mainly due to an increase in General Fund cash ($5.4M) attributed to general property tax ($3.5M) and vehicle license fee ($2.6M) offset by various expenditures, and also an increase in Garbage Collection Fund cash ($1.37M) distributed in December 2022.
Summary December 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 4.20% $ 4,050,749 $ 4,050,749
Local Agency Investment Fund 0.83 1.98% $ 10,066,147 $ 9,878,809 San Mateo County Pool Investment 1.39 1.86% $ 108,151,021 $ 104,674,098 $ 122,278,718 $ 118,614,456
The book market value totals $116,851,776, including an unrealized loss of $3,664,262, reflecting treasury yields during the calendar year. The table below reflects changes in rates since December 31, 2021, and compared to the previous month of November 2022, demonstrating an increase in both short-term and long-term Treasury yields since December 31, 2021, across the curve.1:
Dec-22 Nov-22 Dec-21
6-month Treasury Bill 4.60 4.54 0.19
2-year Treasury Note 4.41 4.38 0.73
5-Year Treasury Note 3.99 3.82 1.26
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. September to December over quarter LAIF yields increased from 1.29% to 1.98% and San Mateo County Pool average gross pool earnings increased from 1.374% to 1.861%. 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
0.9808 to 0.9814 and from 0.9589 to 0.9679, respectively compared to the previous quarter.
This is mainly due to the increase trend in Treasury yields indicated in the table above.
Based on the foregoing, pursuant to California Government Code Section 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
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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
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.
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EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: A Proclamation of The City of East Palo Alto in Honor of A. Peter Evans Recommendation
Present the proclamation.
Attachments
1. A. Peter Evans Proclamation
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PROCLAMATION OF THE CITY OF EAST PALO ALTO
IN HONOR OF A. PETER EVANS
WHEREAS, The City of East Palo Alto is deeply saddened by the loss of one of the most distinguished and influential members of our community, former Councilmember, community leader and visionary, A. Peter Evans, and
WHEREAS, Mr. Evans, husband to Keisha Azibo , father to three sons, Shelby, Rod, and Troy, and grandfather to Kamilah, Bryce, Tehan, Isaiah, and Tarnia, found the time to serve his East Palo Alto community in various capacities, and
WHEREAS, Mr. Evans was very active in coaching and promoting healthy habits and recreational sports, after playing semi-pro baseball in 1964 he joined the Ravenswood Little League to serve as manager and coach, thereafter, becoming president of the Little League until 1989. He also coached the Nabata Yero Football Program, and
WHEREAS, Mr. Evans continued his pursuit in serving the community when he was elected to the Ravenswood Recreation and Park District Board, the East Palo Alto Sanitary District Board, and the East Palo Alto City Council where he faithfully served and contributed his independent thinking, and WHEREAS, one of the many notable successes of Mr. Evans’ role as Councilmember was his support for the development of Youth United Community Action (YUCA) organization’s social and environmental justice initiatives. His leadership in this role in 2007 led to the Department of Toxic Substances Control’s shut down of Romic Environmental Technologies, a Hazardous Waste Management Facility located in East Palo Alto that created soil and ground contamination as a result of its and predecessor operations dating back to the 1950s, posing great environmental risks to the residents, and
WHEREAS, Although Mr. Evans contributions to the growth and development of the City of East Palo Alto were many, several were especially noteworthy. Along with his wife, Keisha and Norman Fontaine, Mr. Evans was directly responsible for saving the Ravenswood High School site for the City by filing and winning a lawsuit against Sequoia Union High School district for illegally selling the site. The Ravenswood Shopping Center is presently located on that site, and
WHEREAS, Mr. Evans and his wife became proficient at correcting several municipal errors through the use of the courts by writing, filing and winning several lawsuits to force the city to comply with the law and his legal successes were done without him possessing a law degree, and NOW THEREFORE BE IT RESOLVED that the City Council of the City of East Palo Alto hereby offers its heartfelt condolences to the family, friends and loved ones of the late A. Peter Evans.
Dated: February 21, 2023
Lisa Gauthier, Mayor
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Attachment: A. Peter Evans Proclamation (2576 : A. Peter Evans Proclamation)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Update on Community Calendar
Recommendation
Receive and file report on the community calendar.
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EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Karen Camacho, Housing & Economic Development Manager Elena Lee, Planning Manager
Hansom Hom, Deputy Manager, Special Projects
SUBJECT: 2023-2031 Housing Element Adoption
Recommendation
Staff recommends that the City Council conduct a public hearing and adopt a resolution that:
1. Adopts a General Plan Amendment (GP23-001) to update the Housing Element of the General Plan for the 6th Cycle Housing Element (“2023-2031 Housing Element”);
2. Finds that the 2023-2031 Housing Element affirmatively furthers fair housing and substantially complies with State Housing Element Law;
3. Repeals the 5th Cycle 2015-2031 Housing Element;
4. Finds the 2023-2031 Housing Element exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), common sense exemption; and
5. Direct and authorize Staff to provide the 2023-2031 Housing Element for the 6th Cycle to the Department of Housing and Community Development (“HCD”) for its 60-day Review, to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law, and to make all legally permissible changes to the Housing Element to make it internally consistent or to address any legally permissible changes or amendments requested by the Department to achieve certification.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 6: Create a Healthy and Safe Community
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Background
Executive Summary
The City of East Palo Alto (“City”) has prepared a second draft of the 2023-2031 Housing Element that will be resubmitted to the California Department of Housing and Community Development (“HCD”), in response to HCD’s comments on the first draft received on January 19, 2023, upon City Council adoption. On February 9, 2023, at a special meeting, the Planning Commission reviewed and unanimously approved this second draft, thereby recommending to the City Council for adoption. If City Council approves the Planning Commission’s and staff’s recommendation, the attached resolution authorizes staff to make all legally permissible edits to the draft Housing Element and submit the draft for HCD review. HCD will then have a 60- day review period to make a determination on whether the City’s Housing Element is certified, or whether additional changes are required for certification.
Housing Element Update Process
The Housing Element is one of eight State-mandated General Plan elements and is the only General Plan element subject to review and certification by HCD. The purpose of the Housing Element is to analyze the community’s current and future housing needs across various income categories; create, update, and guide housing policy in the City; and identify locations to accommodate the City’s Regional Housing Needs Allocation (“RHNA”) goals. The current Housing Element Update represents the 6th cycle of housing policy development for the City and covers an eight-year planning period from 2023 to 2031.
The City Council last reviewed draft sections of the Housing Element on July 19, 2022.
On August 29, 2022, City staff subsequently released the draft document for a 30-day public review period, as required by HCD, and made additional revisions in response to public comments received. This public review period represented the third phase of an extensive community outreach process for the Housing Element update which began in early 2020.
On October 21, 2022, City staff submitted the first draft of the Housing Element to HCD. HCD then had a 90-day review period. State law allows HCD up to 90 days to review and provide comments on the first submittal of a draft Housing Element. Since Bay Area cities must adopt their Housing Element by January 31, 2023, staff contacted HCD to determine if preliminary comments could be provided before the due date of the official response letter to facilitate a quicker turnaround. However, HCD was unable to send comments before the end of their 90- day review period.
In December 2022 and January 2023, HCD staff met briefly with City staff on two occasions to answer questions and provide initial comments on the draft Housing Element.
On January 12, 2023, HCD virtually met with staff and verbally provided an extensive list of their preliminary comments. Additional edits to the Housing Element were made based on these preliminary comments received from HCD on January 12, 2023.
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On January 17, 2023, the City released a revised draft of the 2023-2031 Housing Element available for public review, based on preliminary comments received from HCD.
Between January 17, 2023 and January 23, 2023, the City received two comment emails/letters and one request for updates from the public. Appendix A8 of the Housing Element summarizes the public comments received and City responses.
On January 19, 2023, the City received HCD’s first review comments.
On January 23, 2023, City staff presented a progress report on the Housing Element process to the Planning Commission, and with an update on the preliminary HCD comments received on January 12th and key revisions made to the draft Housing Element based on these preliminary HCD comments. In short, these preliminary HCD comments pertained to: 1) Elaborating on how public comments have informed policies and programs; 2) clarifying and justifying the sites and housing units included in the Sites Inventory to meet RHNA; 3) explaining how water and sewage infrastructure constraints are being addressed; 4) refining and expanding policies, programs and actions to have measurable metrics and milestones that meet affordable housing and fair housing objectives; among other things. Staff indicated they would return to the Planning Commission at a later date with a report-back on HCD’s first review comments sent on January 19, 2023.
Since January 23, 2023, the City received one additional public comment/email and a few requests for further information from attorneys and developers.
On February 6, 2023, the City released another revised draft 2023-2031 Housing Element available for public review until February 13, 2023.
On February 9, 2023, City staff returned to the Planning Commission with the revised draft 2023-2031 Housing Element, the January 19, 2023 HCD Response Letter, and the City’s response to the HCD letter showing substantial compliance with Housing Element Law posted on the City’s Housing Element webpage at: <https://www.cityofepa.org/housing/page/housingelement-update-1>.
During the public hearing, the Planning Commission found the draft to substantially comply with State Housing Element Law and recommended that the City Council adopt the 2023-2031 Housing Element.
A summary of the Housing Element update process can be found in Table 1.
Table 1: Housing Element Update Process Timeline
Timeframe Activity
Early 2020 Staff began preparation for Housing Element: biweekly 21 Elements meetings, review of current Housing Element, review of new Housing Element laws, etc.
Spring 2021 Staff began analysis with 21 Elements: review of “sites strategies,” planning for community meetings, applications for funding and technical assistance
March 2021 -
July 2022
Initial Community Outreach
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June 2, 2021 Community Meeting about Outreach Strategies March 10,
2021
Brief Informational update on Housing Element to Planning Commission
June 2, 2021 Community Meeting about Outreach Strategies July 19, 2021 Community Meeting #1 (virtual)
Feb. 24, 2022 Community Meeting #2 (virtual; in English & Spanish) March 14,
2022
Update on 2021 Housing Element and General Plan Annual
Progress Report to Planning Commission
March 15,
2022
City Council Authorization to Submit 2021 Housing Element Annual Progress Report, 2021 General Plan Annual Progress Report, and Housing Successor Agency Report to State Agencies
May 2, 2022 Equity Advisory Group Meeting
May 5, 2022 Community Meeting #3 (in-person and virtual; in English, Spanish & Tongan)
Feb. 24 - July
15, 2022
Online Surveys (Jamboard Survey and Policies & Programs Survey) April 26, 2022 Joint Study Session with Planning Commission and City Council May 25 - July
15, 2022
Balancing Act Online Survey
June 8 & June
15, 2022
Intercept Surveys at East Palo Alto Community Farmer’s Market (6 hours total)
July 11, 2022 Planning Commission Review of Draft Sections July 19, 2022 City Council Review of Draft Sections
Aug. 29 - Oct.
2, 2022
30-Day Public Review Period of Draft 2023-2031 Housing Element Late Aug. -
Late Oct. 2022
Revisions based on public input
Oct. 21, 2022 Draft Housing Element Submittal to HCD
Jan. 12, 2023 HCD Initial Verbal Comments
Jan. 19, 2023 HCD Written Comments after 90-Day Review Period Jan. 17 - Jan.
23, 2023
7-Day Public Review Period of Revised Draft 2023-2031 Housing Element
Jan. 23, 2023 Planning Commission Meeting
Feb. 6 - Feb
13, 2023
7-Day Public Review of Revised Housing Element
Feb. 9, 2023 Planning Commission Public Hearing and Recommendation to Adopt Feb. 21, 2023 City Council Adoption
Housing Element Deadlines
Jurisdictions that fail to adopt a housing element that has been found in substantial compliance within 120 days of the statutory deadline to revise the housing element (the deadline is January 31, 2023, and 120 more days is May 31, 2023), must complete all necessary rezones within one year of the statutory deadline, by January 31, 2024. Jurisdictions that successfully adopt and have a certified Housing Element by May 31, 2023 have three years from the deadline, so until May 31, 2026, to make appropriate rezoning.
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To adhere to these deadlines, the following schedule was established:
· February 21, 2023 - City Council public hearing and adoption · Before March 1, 2023 - Submit 2nd Draft Housing Element to HCD* · Before April 30, 2023 - Receive HCD comments and/or compliance letter *Submittal by March 1, 2023 may occur only if further substantive revisions are made due to the 7-day public review requirement. Otherwise, staff will submit the revised and adopted 2023-2031 Housing Element before March 1, 2023.
Per HCD’s requirements, any subsequent draft revisions with substantive changes (not including minor clarifications, corrections, formatting changes, and typos) must be posted on the jurisdiction’s website and a link must be emailed to all individuals and organizations that have previously requested notices relating to the local government’s housing element. The mandatory posting period is at least seven days before the draft revisions can be submitted to HCD for review.
The purpose of this staff report is to seek the City Council's adoption of the 2023-2031 Housing Element, finding that the 2023-2031 Housing Element substantially complies with Housing Element Law, and recommendation for the draft to be forwarded to HCD thereafter. HCD then has up to 60 days to review the revised Housing Element and provide additional comments or issue a letter affirming compliance.
Analysis
HCD Comment Letter and Staff Revisions
HCD’s January 19, 2023 comment letter on the City’s first draft Housing Element pertained to the following statutory requirements:
A. Review and Revision: Outcomes of 5th cycle Housing Element and response in 6th cycle Housing Element. Reviewing and analyzing the appropriateness and effectiveness of the previous housing element, especially as it pertains to special needs populations.
B. Housing Needs, Resources, and Constraints: providing further data and analysis of fair housing needs and sites inventory in the City.
C. Housing Programs: adding and modifying programs with definitive implementation timelines and milestones, quantified metrics, and responsible agencies and officials, and adding programs that implement the sites inventory and affirmatively further fair housing goals.
D. Quantified Objectives: Adding quantified objectives for construction, rehabilitation, and conservation by income group.
E. Public Participation: Describing how public input was considered and incorporated.
F. Consistency with General Plan: Discussing how internal consistency with the General Plan will be maintained through the planning period.
State law requires that the City adopt a substantially compliant housing element. This question of substantial compliance is one of law, over which a court has independent authority to determine. After reviewing HCD’s revisions and making edits, staff believes and the Planning Commission agreed, that the current iteration of the 2023-2031 Housing Element currently
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before the Council substantially complies with Housing Element Law. An overview of the City’s response to HCD comments and revisions made for substantial compliance can be found in Attachment 3. In addition, Exhibit B of the Resolution provides an overview of the City’s substantial conformance of the Housing Element with State Housing Element Law (see Attachment 1).
Below are a few key highlights in the revisions made to the draft 2023-2031 Housing Element, based on the list provided above. See the revised 2023-2031 Housing Element in Attachment
2. A) Review and Revision
HCD asked that the Housing Element analyze the appropriateness of goals, objectives and policies, and what has been learned from previous results. In addition, it asked for an analysis of the cumulative impact and effectiveness of previous housing element’s programs in addressing the housing needs for all special needs populations. A review and evaluation of the 5th cycle Housing Element is in Appendix E: RHNA 5 Housing Workplan Progress of the 2023- 2031 Housing Element. An analysis of the cumulative impact and effectiveness of the previous housing element’s programs to address the housing needs for special needs populations were added in Chapter 7, Section 7.1: Accomplishments of RHNA 5 Housing Element Period.
B) Housing Needs, Resources and Constraints
HCD asked more details about the process for referring fair housing complaints. In Chapter 4, Section I: Fair Housing Enforcement and Outreach Capacity, staff added more details about how fair housing complaints can be filed with the City’s Rent Stabilization Program, Housing, and/or Code Enforcement. In addition, staff updated the City’s website to include links to fair housing resources. The City also discussed other resources such as Community Legal Services in East Palo Alto, Legal Aid Society of San Mateo County, and Project Sentinel that can provide legal assistance, as well as more local organizations through the Measure O antidisplacement program that can provide education, advocacy and outreach.
HCD asked for more data analysis, specifically pertaining to local concentrations of familial status and what contributes to disparities in the area bordering Melo Park, data on what contributes to lower access to jobs and high unemployment within the City, what contributes to high concentrations of cost burden, overcrowding, and substandard housing, and for policies and programs to address these issues. The city added further analysis in Chapter 2: Housing Needs Assessment, in Chapter 4: Affirmatively Furthering Fair Housing - An Assessment of Fair Housing, in Appendix B: Housing Needs Data and in Appendix C: Affirmatively Furthering Fair Housing.
HCD also asked for the City to identify and analyze the number of existing extremely low income (“ELI”) households and clarify the total number of projected ELI households and the projected housing need of ELI households. The City identifies and analyzes the existing ELI households by tenure in Chapter 2, Sections 2.5 and 2.6, and in Appendix B. It projects the housing need and projected ELI units in Chapter 5. In summary, 3,837 of East Palo Alto’s households are 0-50% area median income (“AMI”), while 1,918 are extremely low-income.
Therefore, ELI households represent 50 percent of households who are 0-50% AMI, as 1,918 divided by 3,827 is 50%. The projected housing need for ELI households is therefore 83 ELI units (half of 165 very low-income units in the RHNA). This methodology aligns with HCD’s
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guidance to use U.S. Census data to calculate the percentage of very low-income RHNA that qualifies as extremely low-income households. There are approximately 231 projected extremely low-income units for the 2023-2031 planning period (half of 461 projected very lowincome units in the opportunity sites is 230.5).
HCD asked for the City to analyze the condition of existing housing stock and further analyze its substandard housing. While a survey of the condition of the housing stock is not available, staff was able to assess housing conditions through a review of code enforcement records and records from administration of the City’s Rent Stabilization program. This information was added to Chapter 2 of the Housing Element (see Section 2.12.2.D in the Housing Element).
The City tracks substandard housing through complaints filed with the Rent Stabilization Program, which typically are filed by households both in rent stabilized and non-rent stabilized units, and through code enforcement cases submitted to Building/Code Enforcement. Between 2016 and 2022, the City had substandard housing code enforcement cases open at ten different locations, nine of which were in single-family home neighborhoods and one of which was in a multi-family home neighborhood. The cases included: sheds housing people, unsafe electrical and gas, junk and debris, dilapidated housing, and other items that were deemed “substandard housing.” Between 2015 and 2022, the City had substandard housing petitions/complaints at 36 different locations, the majority of which were located in the West of Highway 101, where a majority of rent stabilized units remain. Rent Stabilization Program petitions/complaints also came from buildings along Bay Road, where a bigger portion of large multi-family apartments are located, and in smaller 2-4-unit buildings located in single-family home neighborhoods on the East side of Highway 101. These petitions/complaints filed were primarily for habitability or maintenance problems, as well as service reductions.
Below is a map of the substandard housing frequency (also found in Chapter 2):
HCD also asked for the Sites Inventory section to be updated to demonstrate affordability
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based on actual sales price, rent level or mechanisms for ensuring affordability (such as deedrestrictions). Staff was able to obtain projected rents from the developer on the recently entitled Woodland Park Euclid Improvements apartment project, which are discussed in the Appendix D: Sites Inventory. Based on the developer’s rent data, and staff’s market analysis, staff was able to determine that 271 of the 444 net new housing units in the approved Euclid Improvements project (the studios and 1-bedroom units) could be considered moderateincome, while the other 173 units (2-bedroom units) could be considered above-moderate income. The other sites with affordable housing units contained affordability through the City’s Inclusionary Housing Ordinance, which requires inclusionary units to be deed-restricted.
HCD requested further justification for the sites inventory, including realistic capacity and justification for zoning assumptions. As a result, staff made the following changes to the sites inventory RHNA strategy (also see Chapter 5 and Appendix D of the Housing Element):
· Updated pipeline of sites inventory and stages in process. Added recently entitled projects and recategorized additional projects that have moved from preliminary applications to planning staff review.
· Provided justification for classifying some Euclid Improvements Project units as moderate-income rather than above-moderate income (as described above). · Updated projected number of ADU units to be permitted in the next eight years using the unit counts from previously submitted Annual Progress Reports, and adding 2022 permitted units numbers.
· Removed SB 9 from sites inventory, and moved SB 9 sites inventory analysis to Appendix D1 to provide further evidence for potential future development of moderate income units and create flexibility in meeting RHNA needs. · Added County’s letter of intent for development on 2277 University (current Cityowned site likely to swap with a County-owned site for housing construction). Note that units were classified as above-moderate income units due to HCD’s requirements that do not allow jurisdictions to designate parcels less than half an acre for low-income housing without sufficient evidence of potential development of affordable housing.
· Removed 2415 University (current City Hall location) from the list of opportunity sites after further feasibility analysis of the narrow site.
· Removed 590 Bell St from the list of opportunity sites due to rezoning requirement. · Added justification for development on nonvacant sites based on site conditions, developer interest, and the likelihood of commercial uses on nonvacant sites converting to residential developments.
Table 2 below summarizes the City’s revised RHNA strategy. With the adjustments described above, the City meets and exceeds the RHNA in every category, with a greater than 30% buffer of units for each income category. Overall, the City’s RHNA 6 sites inventory plans to meet 216% of the RHNA 6 goals.
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Table 2: Total Units from Sites Inventory Sites vs. RHNA 6 VLI LI MOD AboveModTotal
Housing Opportunity
Sites
461 243 341 749 1794
RHNA 6 165 95 159 410 829
Percentage of RHNA 6 280% 256% 214% 183% 216%
Difference 296 148 182 339 965
Percentage difference 179%
over
156%
over
114%
over
83%
over
116%
over
Source: Revised Draft East Palo Alto Housing Element 2023-2031, Table 5.1.A.
HCD also asked for programs to address water and sewer infrastructure constraints. The City provided a description of how it has addressed water infrastructure constraints within the last two years (see Section 3.2: Infrastructure Constraints in the Housing Element). The City further elaborated on and provided updates on the process working with the East Palo Alto Sanitary District in Section 3.2.
In addition to providing more information on how the City is addressing water and sewer infrastructure constraints, the City also added policies and programs showing the City’s commitment toward resolving these constraints (see Goal 5 in Table 6.1: Summary of RHNA 6 Goals, Objectives, and Policies & Programs of the Housing Element, and in Appendix 6.4:
Implementation Plan of the Housing Element). In short, Goal 5 has the following additions:
· Program 5.1: Update the Environmental Justice Element (Health and Equity) in the City’s General Plan to include a comprehensive set of policies and programs and an implementation plan to address environmental justice issues in the community; scope of work to include a robust community engagement process is integrated into the preparation of this Element.
· Program 5.2: Establish and implement a plan to address the San Mateo County Local Agency Formation Commission (SMCLAFCo) Municipal Service Review and to resolve the delays to housing development caused by issues with the East Palo Alto Sanitary District.
· Program 5.3: Implement the Water System Master Plan adopted in 2022 and complete the first-phase capital improvements in the plan. Update the Urban Water Management Plan to conform with the Master Plan and ensure adequate water service to parcels in the Sites Inventory (adequate water supply but water infrastructure upgrades may be needed for certain locations.)
· Policy 5.4: Work with water and sewer service providers to adopt a policy that prioritizes water and sewer capacity allocations to affordable housing projects and low-income households per SB1097.
HCD asked that the City add information about environmental constraints, which were added to Section 3.3.6 of the Housing Element under non-governmental constraints.
HCD requested details about the development standards of industrial transition zones that allow emergency shelters by-right, and the City added Program 10.2 to update the City’s zoning and development standards.
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HCD asked for more clarity on zoning districts in which Single Room Occupancy (SRO) units are allowed, where housing for farmworkers is allowed, and where manufactured and mobile homes are allowed. The City clarified that SROs are not distinguished from other multi-family uses in East Palo Alto’s Development Code and are allowed wherever residential uses are allowed; farmworker units can include “housekeeping units” as defined in the Development Code; and manufactured and mobile housing on a permanent structure is not distinguished from conventional single-family dwellings in the City’s Development Code.
HCD asked for other planning-related items such as design review, on/off site improvements, zoning and development standards transparency. See the City’s response to HCD’s letter for more details.
C) Housing Programs
HCD requested that the policies and programs have a description of the City’s role in implementation, and measurable metrics and milestones. For each policy and program, staff added lead or responsible City divisions, concrete implementation timelines and when possible, quantified objectives in Section 6.4: Implementation Plan.
HCD also asked for a program to address potential shortfalls of sites for zoning to encourage a variety of housing types. Chapter 5: Sites Inventory Analysis and Appendix D: Sites Inventory were revised to further reinforce the validity of sites and probability of development in the 6th Cycle Housing Element. Staff do not expect to realize a shortfall of sites, as the identified opportunity sites exceed the RHNA requirements for each income category by more than the 30 percent buffer required, and cumulatively exceed the RHNA by 116 percent.
HCD requested a back-up option for the overlay zone program, which Council had initially considered and incorporated in the previous draft Housing Element. However, staff have removed the program from the Policies and Programs, as recent state laws such as by-right housing (SB 35), streamlined development review process (SB 330), allowance of residential uses in commercial districts (AB 2011), and elimination of parking in transit areas (AB 2079) effectively reduce the need for this type of program.
HCD asked that the City clarify whether rezoning for the Ravenwood Business District/Four Corners Specific Plan (RBD), and several other sites, would be needed to meet the City’s RHNA, and if so, the zoning must permit multi-family housing uses without discretionary action.
Staff recognizes that limited sites in the Sites Inventory will need to be rezoned to allow residential uses, which includes several sites in the RBD. However, it is not certain that these sites will be necessary to meet the City’s RHNA for lower-income households. Nevertheless, the City acknowledges the Government Code sections regarding the limitation on discretionary review if applicable.
The other sites that HCD inquired about potential rezoning, the Senior Center at 560 Bell Street and Gateway 101 Retail Site, were removed from the Sites Inventory. The Senior Center at 560 Bell St. may be considered for future rezoning and development of housing, and a program in the Housing Element remains to explore this option, however, it has been removed from the RHNA sites inventory count. In addition, the Gateway 101 Retail Site has been removed from the Sites Inventory as the General Plan prioritizes retaining this property for commercial uses. The property will also be difficult to rezone because it consists of multiple
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parcels under separate ownership. There is also no active discussion about possibly adding residential uses on the property.
HCD asked for a specific implementation action for the RBD Specific Plan Density Bonus/Relaxed Zoning Program, and staff added clarity on how this program will be considered in Program 10.8.
HCD asked for clarity on whether the 2277 University site (current 0.36-acre City site with potential for future affordable housing development by the County) would be needed to meet the City’s RHNA, and staff identified that this site would not be needed given the large buffer the City has in its sites inventory. Staff also indicated that rezoning would not be required.
According to Gov. Code § 65583.2, subd. (c)(2)(A), sites smaller than a half-acre size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the Housing Element describes other evidence to HCD that the site is adequate to accommodate lower-income housing. In Appendix D: Sites Inventory, staff explain how the current zoning for this site is MUC-1, which allows for 22-65 swelling units per acre. Given the intent to use this site as affordable housing, and the likelihood the County will merge the parcel with a neighboring parcel to total over 0.5 acres, this site could be developed with 20 very-lowincome units. However, given HCD constraints for suitability of sites, staff assumed 20 above moderate-income units at 55 du/acre, roughly the average of two other similar already entitled sites.
HCD asked for a complete analysis of potential governmental and nongovernmental constraints, and for the City to have programs to remove these constraints when legally possible, to develop housing for all income levels and for people with disabilities. Policy 4.8 was added to address the City’s existing reasonable accommodations ordinances. Policies
1.4, 4.8, 5.9, and 7.1 address special needs populations, which includes persons with disabilities.
HCD asked that the program to update the development code for inconsistencies with the General Plan be more specific about the actions that will be taken, and staff addressed this with Policy 10.8, which will ensure any inconsistencies in the Ravenwood Business District/Four Corners Specific Plan will be eliminated with the adoption of the specific plan update, which is expected by the end of 2023.
HCD asked that the objective development standards program clarify what type of developments will have these objective standards, and staff clarified in Policy 1.1. that they would cover both single family and multi-family developments.
HCD asked that all the goals and actions be revised based on the affirmatively furthering fair housing (“AFFH”) analysis, and response to contributing factors to fair housing issues. Based on the results of review of the outcome of the 5th cycle Housing Element, the AFFH analysis, and community input during the public outreach for the 6th cycle Housing Element, priority fair housing needs were identified. Chapter 6: Policies and Programs contains various policies and programs that respond to needs such as: anti-displacement, rent registry, homebuyer assistance, mortgage and rental assistance, foreclosure assistance, living wage employment, housing counseling, affordable housing development, housing rehabilitation, large-family households, alternative housing solutions, standardized review metrics (including ADUs and
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SB 9, special needs populations, and unhoused populations).
HCD asked that the “Next Phase” Streamlining for ADUs and SB 9 Program contain specific action to streamline approval, and staff modified policies 1.7 and 10.5 to discuss measures to streamline, as well as added policies/programs 1.8, 1.10 and 1.25 to discuss incentives for ADUs and SB 9 projects. Policy 1.10 includes the option of either the City preapproving ADU designs or participating in a program with 21 Elements and San Mateo County to facilitate streamlined review of ADUs.
The summary of RHNA 6 goals, objectives and policies & programs were refined to include more commitment and address affordable housing and fair housing objectives. For example, for previously proposed policies and programs, HCD asked that the City expand and provide more specificity, such as pertaining to:
· Accessory Dwelling Units (ADUs)
· SB 9 projects
· Incentives and financial assistance for affordable housing · Development standards and streamlining measures
· Fair housing
· Special needs populations
· Unhoused population
· Community outreach
In summary, new policies and goals were added to address the following topics:
· Goal 1: Create more housing opportunities, and more housing that is affordable to East Palo Alto residents.
o Processing guidelines for projects that qualify for by-right or administrative approval and CEQA exemption;
o Expediting processing of residential projects that commit housing units for special needs populations;
o Seeking financial assistance for affordable housing projects; o Legalizing unpermitted second units; making zoning amendments; streamlining approval of ADUs (e.g. pre-approved building plans);
o Financial incentives for building ADUs (e.g. fee waivers) o Implementing recently approved Measure L
· Goal 2: Create homeownership opportunities for East Palo Alto residents and stability for existing homeowners.
o Funding for first-time homebuyer program
· Goal 3: Promote stewardship and preservation of the City’s existing affordable housing stock.
o Protecting and preserving City’s rent-stabilized units through City’s Rent Stabilization Program.
· Goal 4: Prevent displacement of East Palo Alto residents. o Developing rehabilitation program for single-family homes and multi-family apartments.
o Evaluating establishing mortgage assistance program.
o Evaluating creating a home repairs program for low-income homeowners o Implementing Measure HH
· Goal 5: Apply environmental justice principles in planning for new housing development. o Collaborating with water and sewer service providers to adopt policy prioritizing
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water and sewer capacity allocations to affordable housing projects and lowincome households. o Updating General Plan Environmental Justice Element with targeted and robust outreach
o Implementing Measure O.
· Goal 6: Promote safe and healthy housing in East Palo Alto. o Updating Safety Element to address natural disasters with targeted and robust outreach.
o Consider further amendments to Reach Code for building electrification · Goal 7: Create more housing opportunities for special needs households, including large households, people at risk of or experiencing homelessness, and individuals with disabilities
o Continuing to support WeHOPE, which provides interim shelter and supportive services for unhoused individuals.
o Incentivizing production of housing for Extremely Low Income households · Goal 8: Improve transparency and communication between the City and the public on housing issues.
o Expanding measures to inform homeowners, landlords and tenants about resources.
o Creating a budget for mailers and non-digital outreach. · Goal 9: Build City capacity for long-term housing planning and implementation of a range of Housing programs and initiatives.
o Working with grants coordinator to apply for funding for affordable housing. o Regularly review status of Sites Inventory
· NEW Goal 10: Amend Zoning and Development Regulations to Facilitate Housing o Requiring replacement housing per state law
o Updating zoning and development standard to comply with state law:
§ Emergency shelters
§ Permanent supportive housing
§ Definition of "housekeeping unit"
§ ADUs
§ Parking
o Adopting Ravenswood/Four Corners Specific Plan Update, including zoning for residential uses and resolving General Plan/zoning inconsistencies Appendix 6.4: Implementation Plan contains changes to the deadline dates in the eight-year period, responsible City departments, measurable metrics and milestones, and updates based on goals the City has already progressed on.
D) Quantified Objectives
HCD wanted an overview of quantified objectives for construction, rehabilitation and conservation by income group, including extremely low-income households, for the next five years. Table 5.0.B in Chapter 5: Sites Inventory Analysis has the quantified objectives as follows:
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Note that currently, the City has a $2 million housing preservation loan program for Palo Mobile Estates residents, but currently, we cannot affirmatively project how many homes will be preserved given no applications have been submitted yet. The City has the Partnership for the Bay’s Future Breakthrough Grant to advance housing preservation, but has not yet committed to the preservation of specific properties. Therefore, the projected conservation number is zero across all income categories. Policies 4.3 to 4.6 in Chapter 6 site specific objectives to promote the preservation of existing housing stock and rehabilitation of housing that is at-risk due to age and structural deficiencies.
E) Public Participation
HCD sought more details pertaining to how public comment was considered and incorporated in the Housing Element. In Section 1.3: Outreach and Public Participation Process, Section
1.3: How We Incorporated What We Heard Into the Plan, and Appendix A, Public Outreach and Participation, we updated and summarized the most recent public comments, and our response. The most recent comments were received during the public review period for the second draft of the Housing Element issued on January 17, 2023, and during the public review for the third draft of the Housing Element which extended for seven days until February 13, 2023. Attachment 4 provides the comment letters received during these two public review periods. Additional comments sent via email are addressed in the Housing Element Appendix A8: Public Review Period. Public comments were also received during the Planning Commission meeting on January 23, 2023 and the Planning Commission hearing on February 9, 2023.
F) Consistency with the General Plan
HCD sought further discussion on how internal consistency will be maintained throughout the planning period. In Chapter 5: Sites Inventory Analysis, staff added language clarifying that the City is not a charter City; as a general law City, it must maintain consistency between the General Plan and Development Code. Currently, the only inconsistencies between the General Plan and Development Code pertain to limited properties in the Ravenswood Business District/Four Corners Specific Plan Area. These inconsistencies will be resolved with adoption of the Specific Plan.
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CEQA Exemption
Exhibit C of the Resolution provides a Notice of Exemption justifying why the Housing Element is exempt from the California Environmental Quality Act (“CEQA”) under State California CEQA Guidelines Section 15061(b)(3) common sense exemption. In short, the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment.
Next Steps
If Council accepts the staff report and adopts the attached resolution, City staff will submit this draft of the 2023-2031 Housing Element for the 6th Cycle to the Department of Housing and Community Development (“HCD”) for its 60-day Review.
Public Notice
Notice of the public hearing was published in the San Mateo Daily Journal on February 10, 2023. The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
In addition, notice of the public hearing was emailed to all individuals and organizations that have previously requested notices relating to the local government’s Housing Element, and all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed.
Environmental
The Housing Element (“Project”) is exempt under State CEQA Guidelines Section 15061(b)(3) common sense exemption, because the Project involves the City’s policies and programs to update its Housing Element and meet its RHNA allocation that either: would not cause a significant physical effect on the environment; the RHNA allocation could be met with projects are have been or will be analyzed under CEQA associated with normal application processing; or reflect policies that are consistent with and have been adequately analyzed within the City of East Palo Alto General Plan Vista 2035 EIR (SCH No. 2014092027).
Given its nature and scope, the proposed 2023-2031 Housing Element programs and policies would not result in direct or indirect physical environmental impacts. Specifically, the 2023- 2031 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Zoning Code (Municipal Code Title 18). Future housing development pursuant to the 2023-2031 Housing Element would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (i.e., General Plan policies, Municipal Code standards, and Standard Conditions of Approval). While by-right housing projects may be exempt from CEQA, all future housing development pursuant to the 2023-2031 Housing Element would be subject to further development and environmental review, which may include supporting technical studies and other information that will further satisfy CEQA. Based on these factors, it can be seen with certainty that the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment; therefore, the 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.
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Based on these factors, it can be seen with certainty that the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment; therefore, the 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.
Attachments
1. Resolution
2. Revised 2023-2031 Housing Element
3. City Response to January 19, 2023 HCD Letter
4. Public Review Comment Letters
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CITY COUNCIL RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EAST PALO ALTO
ADOPTING A GENERAL PLAN AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031, TO COMPLY
WITH STATE HOUSING ELEMENT LAW
WHEREAS, the City of East Palo Alto, California (“the City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS California Government Code Section 65300 et seq. requires each city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city; and
WHEREAS, specifically, the Legislature of California in 1980 enacted legislation requiring each local government to adopt a “housing element” as a component of its general plan (Government Code §§ 65580, subd. (a); 65581, subd. (b); 65582, subd. (d).), and according to the Housing Element Law, a local government’s housing element must consist of several mandatory components (Government Code, §§ 65300, 65302, subd. (c), 65583); and
WHEREAS, every housing element must substantially comply with Housing Element Law, a question of law ultimately within the purview of a court of law, where substantial compliance means actual compliance with respect to the substance essential to every reasonable objective of Housing Element Law, as distinguished from mere technical imperfections of form; and
WHEREAS the Housing Element of the City’s General Plan was last updated in 2015, including policies and programs to meet the City’s housing needs and outlining the City’s roles and responsibilities in housing production and preservation; and WHEREAS the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and
WHEREAS the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the local government adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of East Palo Alto regional housing need allocation (“RHNA”) of 829 housing units, comprised of 165 very-low income units, 95 low-income units, 159 moderate-income units, and 410 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City has prepared the Housing Element Update 2023-2031 (“the Housing Element”); and WHEREAS, as provided in Government Code Section 65350 et. seq., the Housing Element constitutes a General Plan Amendment; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the City referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and WHEREAS, pursuant to Government Code Section 65352.3(a)(1), the City initiated contact to ensure compliance with applicable tribal consultation requirements under SB 18, but as of the date of this resolution no California Native American tribe has requested consultation; and
WHEREAS State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)) and the City completed a fair housing assessment and incorporated fair housing policies and programs into the Housing Element; and
WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, the provisions of Government Code section 65350, et. seq. regarding amendment to the General Plan have been complied with; and WHEREAS, based on the building age and condition of non-residential structures on nonvacant sites, developer interest, and the likelihood of commercial uses on
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) nonvacant sites converting to residential developments, the existing uses on the sites identified in the Sites Inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore are not considered significant impediments to additional residential development during the period covered by the Housing Element; and
WHEREAS the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and
WHEREAS, the City conducted extensive community outreach over the last twenty-two months for the preparation of the draft Housing Element, including three virtual community meetings and one hybrid in-person and virtual community meeting, three online surveys and two in-person intercept surveys, four stakeholder group listening sessions, and seven public workshops before the Planning Commission and City Council; and
WHEREAS, in accordance with Government Code Section 65585 (b), on August 29, 2022, the City posted the draft Housing Element on the City’s website and requested public input during a 30-day review period and on October 21, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (“HCD”) for its review; and WHEREAS, City staff held two 20-minute virtual meetings with HCD on December 15, 2022 and January 12, 2023 to discuss the draft Housing Element; and WHEREAS, HCD provided additional preliminary feedback and comments during an additional hour-long meeting on January 12, 2023;
WHEREAS, on January 17, 2023, the City published a revised draft Housing Element responding to HCD’s preliminary input and requested public comment on the revised draft during a seven-day review period; and
WHEREAS, on January 19, 2023, the City received a letter from HCD providing its findings and comments regarding the draft Housing Element; and WHEREAS, on January 23, 2023, the Planning Commission held a meeting for the commissioners and the public to provide additional comments on the draft Housing Element;
WHEREAS, on February 6, 2023, the City published another revised draft Housing Element responding to HCD’s written comment letter (attached hereto as Exhibit B) sent on January 19, 2023, and requested public comment on the revised draft during a seven-day review period; and
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) WHEREAS, on February 9, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and
WHEREAS, the Planning Commission determined the Housing Element to be consistent with State law and the General Plan of the City of East Palo Alto, and recommended that the City Council: 1. Adopt a General Plan Amendment (GP23-001) to update the Housing Element for the 6th Cycle Housing Element (“2023-2031 Housing Element”); 2. Find that the 2023-2031 Housing Element affirmatively furthers fair housing and substantially complies with State Housing Element Law; 3. Repeal the 5th Cycle 2015-2031 Housing Element; 4. Find the 2023-2031 Housing Element exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), common sense exemption; and 5. Direct Staff to submit the 2023-2031 Housing Element for the 6th Cycle to the Department of Housing and Community Development (“HCD”) for its 60-day Review; and
WHEREAS, on February 21, 2023, the City Council conducted a duly and property noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s comments, the City’s response to HCD’s comments, the staff report and all attachments, oral and written public comments, and all other evidence in the record; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Palo Alto hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The provisions of Government Code section 65350, et. seq. regarding amendment to the General Plan have been complied with, including a finding of consistency, as required by local law, by the Planning Commission, which is incorporated by this reference.
3. As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the City dated January 19, 2023, consistent with Government Code Section 65585(f), and as described in Exhibit C to this resolution, incorporated herein by this reference, the City Council has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption)
4. As amended, the Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law, as shown in Exhibit B, Attachment 1 to this resolution, incorporated herein by this reference.
5. Based on substantial evidence in the record, including the building age and condition of non-residential structures on nonvacant sites, developer interest, and the likelihood of commercial uses on nonvacant sites converting to residential developments, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period;
6. The Housing Element is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) common sense exemption, based on the Notice of Exemption attached hereto as Exhibit C.
7. The 2015-2023 City of East Palo Alto Housing Element is hereby repealed in its entirety, and the 2023-2031 City of East Palo Alto Housing Element is hereby adopted.
8. This Resolution shall become effective upon adoption by the City Council.
9. Staff is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all legally permissible changes to the Housing Element to make it internally consistent or to address any legally permissible changes or amendments requested by the Department to achieve certification.
10. Staff is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of East Palo Alto on this 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) SIGNED:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin
City Clerk
John D. Lê
City Attorney
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit A: 2023-2032 Housing Element | Page 1
Exhibit A – 2023-2031 Housing Element
Revised draft 2023-2031 Housing Element (February 2023) linked at:
https://www.cityofepa.org/housing/page/housing-element-update-1. [Intentionally Left Blank]
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit B | Page 1
Exhibit B – Compliance with State Law Requirements
Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the draft Housing Element and reported the results of its review. HCD’s review letter sent to the City on January 19, 2023 and the City’s response to HCD can be found linked at:
https://www.cityofepa.org/housing/page/housing-element-update-1.
The table attached to this Exhibit B as Attachment 1 demonstrates that the City of East Palo Alto’s Housing Element contains each of the elements mandated by State Law and as such substantially complies with Housing Element Law.
[Intentionally Left Blank]
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit B, Attachment 1 | Page 1
Exhibit B, Attachment 1 – Conformance of Housing Element with State Law Requirements, Article 10.6 [65580 – 65589.11]
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
Section 65583
The housing element shall consist of an
identification and analysis of existing and
projected housing needs and a statement of
goals, policies, quantified objectives, financial
resources, and scheduled programs for the
preservation, improvement, and development of
housing.
Chapter 2 – Housing Needs Assessment
Appendix B1 and B2 – Housing Needs Data
Chapter 6 - Policies and Programs
The housing element shall identify adequate sites
for housing, including rental housing, factory-built
housing, mobilehomes, and emergency shelters,
and shall make adequate provision for the
existing and projected needs of all economic
segments of the community.
Chapter 5 – Sites InventoryAnalysis
Chapter 3 – Constraints Analysis
Appendix D1 – Sites Inventory
Chapter 6 – Policies and Programs
The element shall contain all of the following:
(a) An assessment of housing needs and an
inventory of resources and constraints relevant to
the meeting of these needs. The assessment and
inventory shall include all of the following:
Chapter 2 – Housing Needs Assessment
Appendix B1 and B2 – Housing Needs Data
Chapter 3 – Constraints Analysis
(a)(1) An analysis of population and employment
trends and documentation of projections
Chapter 2, Section 2.8 Employment, Jobs-toHousing Ratio and Jobs-Housing Fit; Section 2.9 Unemployment
Chapter 4 - Section III. Access to Opportunity
Appendix B1 - East Palo Alto Housing Needs
Data Report (starting at Section 4)
(a)(1) A quantification of the locality’s existing and
projected housing needs for all income levels,
including extremely low income households, as
defined in subdivision (b) of Section 50105 and
Section 50106 of the Health and Safety Code.
These existing and projected needs shall include
the locality’s share of the regional housing need in
accordance with Section 65584. Local agencies
shall calculate the subset of very low income
households allotted under Section 65584 that
Chapter 5 – Sites Inventory Analysis
Appendix B1 – Housing Needs Data Report
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Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit B, Attachment 1 | Page 2
qualify as extremely low income households. The
local agency may either use available census
data to calculate the percentage of very low
income households that qualify as extremely low
income households or presume that 50 percent of
the very low income households qualify as
extremely low income households. The number of
extremely low income households and very low
income households shall equal the jurisdiction’s
allocation of very low income households
pursuant to Section 65584.
(a)(2) An analysis and documentation of
household characteristics, including level of
payment compared to ability to pay,
Appendix B1 – East Palo Alto Housing Needs
Data Report, Section IV
Chapter 2 – Housing Needs Assessment, Section
2.6 Chapter 4 - Section II, Integration and
Segregation
(a)(2) housing characteristics, including
overcrowding, and
Chapter 2 – Housing Needs Assessment
Chapter 4, Section IV – Disparate Housing Needs
(a)(2) housing stock condition. Chapter 2, Section 2.12.2.D Chapter 4, Section IV – Disparate Housing Needs
Appendix B, Section 5 – Housing Stock
Characteristics
(a)(3) An inventory of land suitable and available
for residential development, including vacant sites
and sites having realistic and demonstrated
potential for redevelopment during the planning
period to meet the locality’s housing need for a
designated income level, and an analysis of the
relationship of zoning and public facilities and
services to these sites, and an analysis of the
relationship of the sites identified in the land
inventory to the jurisdiction’s duty to affirmatively
further fair housing. Note: Please see Section
65583.2 regarding the land inventory.
Chapter 5 – Sites InventoryAnalysis
Appendix D1 – Sites Inventory
[Note that AB 2339 (Chapter 654, Statutes of
2022) amended Section 65583(a)(4). It does not
apply to ABAG-area housing elements unless the
first draft of the housing element is submitted to
ABAG after January 31, 2023 or a draft is
submitted after April 1, 2023. Therefore the
sections below include the statutory provisions of
Section 65583(a)(4) effective in 2022.
The City submitted its first draft Housing Element
to HCD before January 31, 2023 on October 21,
2022. Accordingly, per HCD interpretive
memorandum, dated December 29, 2022 (see
link below), the portions of the Government Code
Section 65583(a)(4) amended by AB 2339 (Ch.
654, Statutes of 2022) do not apply to the City’s
8.1.a
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Jurisdictions adopting their housing element after
January 1, 2023 should describe why AB 2339 is
not applicable to them.]
draft Housing Element. Instead, the previous
version of Section 65583(a)(4) is analyzed below.
Assembly Bill 2339 – Legislation Effective
January 1, 2023 (ca.gov)
(a)(4)(A) The identification of a zone or zones
where emergency shelters are allowed as a
permitted use without a conditional use or other
discretionary permit. The identified zone or zones
shall include sufficient capacity to accommodate
the need for emergency shelter identified in
paragraph (7), except that each local government
shall identify a zone or zones that can
accommodate at least one year-round emergency
shelter.
Chapter 3, Section 3.1.3
Chapter 6, Policy 7.6, and Program 10.2
(a)(4)(A) If the local government cannot identify a
zone or zones with sufficient capacity, the local
government shall include a program to amend its
zoning ordinance to meet the requirements of this
paragraph within one year of the adoption of the
housing element. The local government may
identify additional zones where emergency
shelters are permitted with a conditional use
permit.
Chapter 3, Section 3.1.3
Chapter 6, Policy 7.6, and Program 10.2
(a)(4)(A) The local government shall also
demonstrate that existing or proposed permit
processing, development, and management
standards are objective and encourage and
facilitate the development of, or conversion to,
emergency shelters.
Chapter 3, Section 3.1.3
Chapter 6, Program 10.2
(a)(4)(A) Emergency shelters may only be subject
to those development and management
standards that apply to residential or commercial
development within the same zone except that a
local government may apply written, objective
standards that include all of the following:
(i) The maximum number of beds or persons
permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff
working in the emergency shelter, provided that
the standards do not require more parking for
emergency shelters than other residential or
commercial uses within the same zone.
(iii) The size and location of exterior and interior
onsite waiting and client intake areas.
Chapter 3, Section 3.1.3
Chapter 6, Program 10.2
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(iv) The provision of onsite management.
(v) The proximity to other emergency shelters,
provided that emergency shelters are not required
to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency
shelter is in operation.
(a)(4)(B) The permit processing, development,
and management standards applied under this
paragraph shall not be deemed to be
discretionary acts within the meaning of the
California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public
Resources Code).
Chapter 3
Chapter 6
(a)(4)(C) A local government that can
demonstrate to the satisfaction of the department
the existence of one or more emergency shelters
either within its jurisdiction or pursuant to a
multijurisdictional agreement that can
accommodate that jurisdiction’s need for
emergency shelter identified in paragraph (7) may
comply with the zoning requirements of
subparagraph (A) by identifying a zone or zones
where new emergency shelters are allowed with a
conditional use permit.
Not applicable
(a)(4)(D) A local government with an existing
ordinance or ordinances that comply with this
paragraph shall not be required to take additional
action to identify zones for emergency shelters.
The housing element must only describe how
existing ordinances, policies, and standards are
consistent with the requirements of this
paragraph.
Chapter 3, Section 3.1.3
Chapter 6, Policy 7.6, and Program 10.2
(a)(5) An analysis of potential and actual
governmental constraints upon the maintenance,
improvement, or development of housing for all
income levels, including the types of housing
identified in paragraph (1) of subdivision (c), and
[Note: The types of housing identified in Section
65583(c)(1) include multifamily rental housing,
factory-built housing, mobilehomes, housing for
agricultural employees, supportive housing,
Chapter 3, Section 3.1
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single-room occupancy units, emergency
shelters, and transitional housing.]
(a)(5) for persons with disabilities as identified in
the analysis pursuant to paragraph (7),
Chapter 3, Section 3.1
(a)(5) including land use controls, Chapter 3, Section 3.1 (a)(5) building codes and their enforcement, Chapter 3, Section 3.1 (a)(5) site improvements, Chapter 3, Section 3.1
(a)(5) fees and other exactions required of
developers,
Chapter 3, Section 3.1
(a)(5) local processing and permit procedures, Chapter 3, Section 3.1 (a)(5) and any locally adopted ordinances that
directly impact the cost and supply of residential
development.
Chapter 3, Section 3.1
(a)(5) The analysis shall also demonstrate local
efforts to remove governmental constraints that
hinder the locality from meeting its share of the
regional housing need in accordance with Section
65584
Chapter 3, Section 3.1
Chapter 6 – Policies and Programs
(a)(5) and from meeting the need for housing for
persons with disabilities, supportive housing,
transitional housing, and emergency shelters
identified pursuant to paragraph (7).
Chapter 3, Section 3.1
Chapter 6 – Policies and Programs
(a)(6) An analysis of potential and actual
nongovernmental constraints upon the
maintenance, improvement, or development of
housing for all income levels, including the
availability of financing,
Chapter 3, Section 3.3
(a)(6) the price of land, Chapter 3, Section 3.3
(a)(6) the cost of construction, Chapter 3, Section 3.3 (a)(6) the requests to develop housing at
densities below those anticipated in the analysis
required by subdivision (c) of Section 65583.2,
Chapter 3, Section 3.3
(a)(6) and the length of time between receiving
approval for a housing development and submittal
of an application for building permits for that
housing development that hinder the construction
of a locality’s share of the regional housing need
in accordance with Section 65584.
Chapter 3, Section 3.3
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(a)(6) The analysis shall also demonstrate local
efforts to remove nongovernmental constraints
that create a gap between the locality’s planning
for the development of housing for all income
levels and the construction of that housing.
Chapter 3, Section 3.3
Chapter 6 – Policies and Programs
(a)(7) An analysis of any special housing needs,
such as those of the
Chapter 2 – Housing Needs Assessment
Chapter 4 – Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Appendix B – Housing Needs Data
(a)(7) elderly; Appendix B – Housing Needs Data
(a)(7) persons with disabilities, including a
developmental disability, as defined in Section
4512 of the Welfare and Institutions Code;
Chapter 2 – Housing Needs Assessment
Chapter 3, Section 3.1
Appendix B – Housing Needs Data
(a)(7) large families; Chapter 2 – Housing Needs Assessment Appendix B – Housing Needs Data
(a)(7) farmworkers; Appendix B – Housing Needs Data
(a)(7) families with female heads of households; Chapter 2 – Housing Needs Assessment Appendix B – Housing Needs Data
(a)(7) and families and persons in need of
emergency shelter.
Chapter 2 – Housing Needs Assessment
Appendix B – Housing Needs Data
(a)(7) The need for emergency shelter shall be
assessed based on the capacity necessary to
accommodate the most recent homeless point-intime count conducted before the start of the planning period, the need for emergency shelter
based on number of beds available on a yearround and seasonal basis, the number of shelter beds that go unused on an average monthly basis
within a one-year period, and the percentage of
those in emergency shelters that move to
permanent housing solutions.
Appendix B – Housing Needs Data
(a)(7) The need for emergency shelter may be
reduced by the number of supportive housing
units that are identified in an adopted 10-year
plan to end chronic homelessness and that are
either vacant or for which funding has been
Appendix B – Housing Needs Data
Chapter 6 – Policies and Programs
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identified to allow construction during the planning
period.
(a)(7) An analysis of special housing needs by a
city or county may include an analysis of the need
for frequent user coordinated care housing
services.
Appendix B – Housing Needs Data
Chapter 6 – Policies and Programs
(a)(8) An analysis of opportunities for energy
conservation with respect to residential
development. Cities and counties are encouraged
to include weatherization and energy efficiency
improvements as part of publicly subsidized
housing rehabilitation projects. This may include
energy efficiency measures that encompass the
building envelope, its heating and cooling
systems, and its electrical system.
Chapter 3, Section 3.1
(a)(9) An analysis of existing assisted housing
developments that are eligible to change from
low-income housing uses during the next 10
years due to termination of subsidy contracts,
mortgage prepayment, or expiration of restrictions
on use. “Assisted housing developments,” for the
purpose of this section, shall mean multifamily
rental housing that receives governmental
assistance under federal programs listed in
subdivision (a) of Section 65863.10, state and
local multifamily revenue bond programs, local
redevelopment programs, the federal Community
Development Block Grant Program, or local inlieu fees. “Assisted housing developments” shall also include multifamily rental units that were
developed pursuant to a local inclusionary
housing program or used to qualify for a density
bonus pursuant to Section 65915.
Chapter 2, Section 2.12
(a)(9)(A) The analysis shall include a listing of
each development by project name and address,
the type of governmental assistance received, the
earliest possible date of change from low-income
use, and the total number of elderly and
nonelderly units that could be lost from the
locality’s low-income housing stock in each year
during the 10-year period. For purposes of state
and federally funded projects, the analysis
required by this subparagraph need only contain
information available on a statewide basis.
Chapter 2, Section 2.12
(a)(9)(B) The analysis shall estimate the total cost
of producing new rental housing that is
comparable in size and rent levels, to replace the
Chapter 2, Section 2.12
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units that could change from low-income use, and
an estimated cost of preserving the assisted
housing developments. This cost analysis for
replacement housing may be done aggregately
for each five-year period and does not have to
contain a project-by-project cost estimate.
(a)(9)(C) The analysis shall identify public and
private nonprofit corporations known to the local
government that have legal and managerial
capacity to acquire and manage these housing
developments.
Chapter 2, Section 2.12
(a)(9)(D) The analysis shall identify and consider
the use of all federal, state, and local financing
and subsidy programs that can be used to
preserve, for lower income households, the
assisted housing developments, identified in this
paragraph, including, but not limited to, federal
Community Development Block Grant Program
funds, tax increment funds received by a
redevelopment agency of the community, and
administrative fees received by a housing
authority operating within the community. In
considering the use of these financing and
subsidy programs, the analysis shall identify the
amounts of funds under each available program
that have not been legally obligated for other
purposes and that could be available for use in
preserving assisted housing developments.
Chapter 2, Section 2.12
(b) (1) A statement of the community’s goals,
quantified objectives, and policies relative to
affirmatively furthering fair housing and to the
maintenance, preservation, improvement, and
development of housing.
Chapter 5 – Sites Inventory Analysis
Chapter 6 – Policies and Programs
(2) It is recognized that the total housing needs
identified pursuant to subdivision (a) may exceed
available resources and the community’s ability to
satisfy this need within the content of the general
plan requirements outlined in Article 5
(commencing with Section 65300). Under these
circumstances, the quantified objectives need not
be identical to the total housing needs. The
quantified objectives shall establish the maximum
number of housing units by income category,
including extremely low income, that can be
constructed, rehabilitated, and conserved over a
five-year time period.
Chapter 5 – Sites Inventory Analysis
(c) A program that sets forth a schedule of actions
during the planning period, each with a timeline
Chapter 6 – Policies and Programs
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for implementation, that may recognize that
certain programs are ongoing, such that there will
be beneficial impacts of the programs within the
planning period, that the local government is
undertaking or intends to undertake to implement
the policies and achieve the goals and objectives
of the housing element
(c) through the administration of land use and
development controls,
Chapter 6 – Policies and Programs
(c) the provision of regulatory concessions and
incentives,
Chapter 6 – Policies and Program
(c) the utilization of appropriate federal and state
financing and subsidy programs when available,
Chapter 6 – Policies and Programs
(c) and the utilization of moneys in a low- and
moderate-income housing fund of an agency if
the locality has established a redevelopment
project area pursuant to the Community
Redevelopment Law (Division 24 (commencing
with Section 33000) of the Health and Safety
Code).
Chapter 2 & Chapter 6
In order to make adequate provision for the
housing needs of all economic segments of the
community, the program shall do all of the
following:
(c)(1) Identify actions that will be taken to make
sites available during the planning period with
appropriate zoning and development standards
and with services and facilities to accommodate
that portion of the city’s or county’s share of the
regional housing need for each income level that
could not be accommodated on sites identified in
the inventory completed pursuant to paragraph
(3) of subdivision (a) without rezoning, and to
comply with the requirements of Section
65584.09.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1) Sites shall be identified as needed to
affirmatively further fair housing
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1) and to facilitate and encourage the
development of a variety of types of housing for
all income levels, including multifamily rental
housing,
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
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(c)(1) factory-built housing, Included under Accessory Dwelling Units (ADUs) Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1) mobilehomes, Chapter 6 – Policies and Programs
(c)(1) housing for agricultural employees, Chapter 6 – Policies and Programs (c)(1) supportive housing, Chapter 6 – Policies and Programs (c)(1) single-room occupancy units, Chapter 6 – Policies and Programs (c)(1) emergency shelters, Chapter 6 – Policies and Programs (c)(1) and transitional housing. Chapter 6 – Policies and Programs (c)(1)(A) Where the inventory of sites, pursuant to
paragraph (3) of subdivision (a), does not identify
adequate sites to accommodate the need for
groups of all household income levels pursuant to
Section 65584, rezoning of those sites, including
adoption of minimum density and development
standards, for jurisdictions with an eight-year
housing element planning period pursuant to
Section 65588, shall be completed no later than
three years after either the date the housing
element is adopted pursuant to subdivision (f) of
Section 65585 or the date that is 90 days after
receipt of comments from the department
pursuant to subdivision (b) of Section 65585,
whichever is earlier, unless the deadline is
extended pursuant to subdivision (f).
Notwithstanding the foregoing, for a local
government that fails to adopt a housing element
that the department has found to be in substantial
compliance with this article within 120 days of the
statutory deadline in Section 65588 for adoption
of the housing element, rezoning of those sites,
including adoption of minimum density and
development standards, shall be completed no
later than one year from the statutory deadline in
Section 65588 for adoption of the housing
element.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1)(B) Where the inventory of sites, pursuant to
paragraph (3) of subdivision (a), does not identify
adequate sites to accommodate the need for
groups of all household income levels pursuant to
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
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Section 65584, the program shall identify sites
that can be developed for housing within the
planning period pursuant to subdivision (h) of
Section 65583.2. The identification of sites shall
include all components specified in Section
65583.2. Note: Please see Section 65583.2
regarding the land inventory and conformance
with subdivision (h).
Chapter 6 – Policies and Programs
(c)(1)(C) Where the inventory of sites pursuant to
paragraph (3) of subdivision (a) does not identify
adequate sites to accommodate the need for
farmworker housing, the program shall provide for
sufficient sites to meet the need with zoning that
permits farmworker housing use by right,
including density and development standards that
could accommodate and facilitate the feasibility of
the development of farmworker housing for lowand very low income households.
Chapter 5 – Sites InventoryAnalysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(2) Assist in the development of adequate
housing to meet the needs of extremely low, very
low, low-, and moderate-income households.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(3) Address and, where appropriate and legally
possible, remove governmental and
nongovernmental constraints to the maintenance,
improvement, and development of housing,
including housing for all income levels
Chapter 6 – Policies and Programs
(c)(3) and housing for persons with disabilities.
The program shall remove constraints to, and
provide reasonable accommodations for housing
designed for, intended for occupancy by, or with
supportive services for, persons with disabilities.
Chapter 6 – Policies and Programs
(c)(3) Transitional housing and supportive housing
shall be considered a residential use of property
and shall be subject only to those restrictions that
apply to other residential dwellings of the same
type in the same zone.
Chapter 6 – Policies and Programs
(c)(3) Supportive housing, as defined in Section
65650, shall be a use by right in all zones where
multifamily and mixed uses are permitted, as
provided in Article 11 (commencing with Section
65650).
Chapter 3
Chapter 6 – Policies and Programs
(c)(4) Conserve and improve the condition of the
existing affordable housing stock, which may
include addressing ways to mitigate the loss of
Chapter 2 & Chapter 6 – Policies and Programs
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dwelling units demolished by public or private
action.
(c)(5) Promote and affirmatively further fair
housing opportunities and promote housing
throughout the community or communities for all
persons regardless of race, religion, sex, marital
status, ancestry, national origin, color, familial
status, or disability, and other characteristics
protected by the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section
12900) of Division 3 of Title 2), Section 65008,
and any other state and federal fair housing and
planning law.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(6) Preserve for lower income households the
assisted housing developments identified
pursuant to paragraph (9) of subdivision (a).
Chapter 6 – Policies and Programs
(c)(6) The program for preservation of the
assisted housing developments shall utilize, to the
extent necessary, all available federal, state, and
local financing and subsidy programs identified in
paragraph (9) of subdivision (a), except where a
community has other urgent needs for which
alternative funding sources are not available.
Chapter 2 & Chapter 6 – Policies and Program
(c)(6) The program may include strategies that
involve local regulation and technical assistance.
Chapter 6 – Policies and Programs
(c)(7) Develop a plan that incentivizes and
promotes the creation of accessory dwelling units
that can be offered at affordable rent, as defined
in Section 50053 of the Health and Safety Code,
for very low, low-, or moderate-income
households. For purposes of this paragraph,
“accessory dwelling units” has the same meaning
as “accessory dwelling unit” as defined in
paragraph (4) of subdivision (i) of Section
65852.2.\
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(8) Include an identification of the agencies and
officials responsible for the implementation of the
various actions and the means by which
consistency will be achieved with other general
plan elements and community goals.
Chapter 6 – Policies and Programs, interspersed
throughout
(c)(9) Include a diligent effort by the local
government to achieve public participation of all
economic segments of the community in the
development of the housing element, and the
program shall describe this effort.
Chapter 6 – Policies and Programs
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(c)(10)(A) Affirmatively further fair housing in
accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2. The
program shall include an assessment of fair
housing in the jurisdiction that shall include all of
the following components:
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Chapter 6 – Policies and Programs
(c)(10)(A)(i) A summary of fair housing issues in
the jurisdiction
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(i) and an assessment of the
jurisdiction’s fair housing enforcement and fair
housing outreach capacity.
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) An analysis of available federal,
state, and local data and knowledge to identify
integration and segregation patterns and trends,
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) racially or ethnically concentrated
areas of poverty and affluence,
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) disparities in access to opportunity, Chapter 4 - Affirmatively Furthering Fair Housing – An Assessment of Fair Housing
(c)(10)(A)(ii) and disproportionate housing needs, Chapter 2 – Housing Needs Assessment Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Appendix B – Housing Needs Data
(c)(10)(A)(ii) including displacement risk. Chapter 2 – Housing Needs Assessment Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) The analysis shall identify and
examine such patterns, trends, areas, disparities,
and needs, both within the jurisdiction.
Chapter 2 – Housing Needs Assessment
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) and comparing the jurisdiction to the
region in which it is located, based on race and
other characteristics protected by the California
Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of
Title 2) and Section 65008.
Chapter 2 – Housing Needs Assessment
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(iii) An assessment of the contributing
factors, including the local and regional historical
origins
Chapter 2 – Housing Needs Assessment
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
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(c)(10)(A)(iii) and current policies and practices,
for the fair housing issues identified under clauses
(i) and (ii).
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Chapter 6 – Policies and Programs
(c)(10)(A)(iv) An identification of the jurisdiction’s
fair housing priorities and goals, giving highest
priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to
opportunity, or negatively impact fair housing or
civil rights compliance,
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Chapter 6 – Policies and Programs
(c)(10)(A)(iv) and identifying the metrics and
milestones for determining what fair housing
results will be achieved.
Chapter 6 – Policies and Programs
Chapter 2, Section 2.12.5.A – City Funding
Sources
(c)(10)(A)(v) Strategies and actions to implement
those priorities and goals, which may include, but
are not limited to, enhancing mobility strategies
Chapter 6 – Policies and Programs (the Colibri
Commons/965 Weeks and LightTree projects
enhance mobility strategies)
(c)(10)(A)(v) and encouraging development of
new affordable housing in areas of opportunity,
Chapter 6 – Policies and Programs
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(c)(10)(A)(v) as well as place-based strategies to
encourage community revitalization, including
preservation of existing affordable housing,
Chapter 6 – Policies and Programs
(c)(10)(A)(v) and protecting existing residents
from displacement.
Chapter 6 – Policies and Programs
(c)(10)(B) A jurisdiction that completes or revises
an assessment of fair housing pursuant to
Subpart A (commencing with Section 5.150) of
Part 5 of Subtitle A of Title 24 of the Code of
Federal Regulations, as published in Volume 80
of the Federal Register, Number 136, page
42272, dated July 16, 2015, or an analysis of
impediments to fair housing choice in accordance
with the requirements of Section 91.225 of Title
24 of the Code of Federal Regulations in effect
before August 17, 2015, may incorporate relevant
portions of that assessment or revised
assessment of fair housing or analysis or revised
analysis of impediments to fair housing into its
housing element.
N/A - City does not currently receive federal
funds. See Chapter 6 – Policies and Programs.
8.1.a
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(c)(10)(C) The requirements of this paragraph
shall apply to housing elements due to be revised
pursuant to Section 65588 on or after January 1,
2021.
(d)(1) A local government may satisfy all or part of
its requirement to identify a zone or zones
suitable for the development of emergency
shelters pursuant to paragraph (4) of subdivision
(a) by adopting and implementing a
multijurisdictional agreement, with a maximum of
two other adjacent communities, that requires the
participating jurisdictions to develop at least one
year-round emergency shelter within two years of
the beginning of the planning period.
N/A
(d)(2) The agreement shall allocate a portion of
the new shelter capacity to each jurisdiction as
credit toward its emergency shelter need, and
each jurisdiction shall describe how the capacity
was allocated as part of its housing element.
N/A
(d)(3) Each member jurisdiction of a
multijurisdictional agreement shall describe in its
housing element all of the following:
N/A
(d)(3)(A) How the joint facility will meet the
jurisdiction’s emergency shelter need.
(d)(3)(B) The jurisdiction’s contribution to the
facility for both the development and ongoing
operation and management of the facility.
(d)(3)(C) The amount and source of the funding
that the jurisdiction contributes to the facility.
N/A
(d)(4) The aggregate capacity claimed by the
participating jurisdictions in their housing
elements shall not exceed the actual capacity of
the shelter.
N/A
(e) Except as otherwise provided in this article,
amendments to this article that alter the required
content of a housing element shall apply to both
of the following: [Note that this provision is
applicable to AB 2339 (Chapter 654, Statutes of
2022), which amended Section 65583(a)(4).
Jurisdictions adopting their housing element after
January 1, 2023 should describe why this
amendment is not applicable to them.]
Not applicable – submitted draft Housing Element
to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
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(1) A housing element or housing element
amendment prepared pursuant to subdivision (e)
of Section 65588 or Section 65584.02, when a
city, county, or city and county submits a draft to
the department for review pursuant to Section
65585 more than 90 days after the effective date
of the amendment to this section.
Not applicable – submitted draft Housing Element
to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
(2) Any housing element or housing element
amendment prepared pursuant to subdivision (e)
of Section 65588 or Section 65584.02, when the
city, county, or city and county fails to submit the
first draft to the department before the due date
specified in Section 65588 or 65584.02.
Not applicable – submitted draft Housing Element
to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
(f) – (j): Not applicable Not applicable – submitted draft Housing Element to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
Section 65583.1(a)
(a) The Department of Housing and Community
Development, in evaluating a proposed or
adopted housing element for substantial
compliance with this article, … may also allow a
city or county to identify sites for accessory
dwelling units based on the number of accessory
dwelling units developed in the prior housing
element planning period whether or not the units
are permitted by right, the need for these units in
the community, the resources or incentives
available for their development, and any other
relevant factors, as determined by the
department.
Chapter 5 – Sites Inventory Analysis
(b) Sites that contain permanent housing units
located on a military base undergoing closure or
conversion as a result of action pursuant to the
Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-
526), the Defense Base Closure and Realignment
Act of 1990 (Public Law 101-510), or any
subsequent act requiring the closure or
conversion of a military base may be identified as
an adequate site if the housing element
demonstrates that the housing units will be
available for occupancy by households within the
planning period of the element. No sites
containing housing units scheduled or planned for
demolition or conversion to nonresidential uses
shall qualify as an adequate site.
N/A
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Note: If communities are using the provisions of
Section 65583.1(c), which allow RHNA credit for
conversion of non-affordable to affordable
housing and for preservation of existing affordable
housing at risk of loss, the applicable provisions
need to be added to this table.
N/A
Section 65583.2
(a) A city’s or county’s inventory of land suitable
for residential development pursuant to paragraph
(3) of subdivision (a) of Section 65583 shall be
used to identify sites throughout the community,
consistent with paragraph (10) of subdivision (c)
of Section 65583,
Chapter 5 – Sites Inventory Analysis
(a) that can be developed for housing within the
planning period and that are sufficient to provide
for the jurisdiction’s share of the regional housing
need for all income levels pursuant to Section
65584. As used in this section, “land suitable for
residential development” includes all of the
following sites that meet the standards set forth in
subdivisions (c) and (g):
Chapter 5 – Sites Inventory Analysis
(a)(1) Vacant sites zoned for residential use. Chapter 5 – Sites Inventory Analysis Appendix D – Sites Inventory
(a)(2) Vacant sites zoned for nonresidential use
that allows residential development.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(a)(3) Residentially zoned sites that are capable
of being developed at a higher density, including
sites owned or leased by a city, county, or city and
county
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(a)(4) Sites zoned for nonresidential use that can
be redeveloped for residential use, and for which
the housing element includes a program to
rezone the site, as necessary, rezoned for, to
permit residential use, including sites owned or
leased by a city, county, or city and county.
Appendix D – Sites Inventory
(b) The inventory of land shall include all of the
following:
(b)(1) A listing of properties by assessor parcel
number.
Appendix D – Sites Inventory
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(b)(2) The size of each property listed pursuant to
paragraph (1), and the general plan designation
and zoning of each property.
Appendix D – Sites Inventory
(b)(3) For nonvacant sites, a description of the
existing use of each property.
Appendix D – Sites Inventory
(b)(3) If a site subject to this paragraph is owned
by the city or county, the description shall also
include whether there are any plans to dispose of
the property during the planning period and how
the city or county will comply with Article 8
(commencing with Section 54220) of Chapter 5 of
Part 1 of Division 2 of Title 5.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(b)(4) A general description of any environmental
constraints to the development of housing within
the jurisdiction, the documentation for which has
been made available to the jurisdiction. This
information need not be identified on a sitespecific basis.
Chapter 3 – Housing Constraints
Appendix D – Sites Inventory
(b)(5)(A) A description of existing or planned
water, sewer, and other dry utilities supply,
including the availability and access to distribution
facilities.
Chapter 3 – Section 3.2 Infrastructure Constraints
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(b)(5)(B) Parcels included in the inventory must
have sufficient water, sewer, and dry utilities
supply available and accessible to support
housing development or be included in an existing
general plan program or other mandatory
program or plan, including a program or plan of a
public or private entity providing water or sewer
service, to secure sufficient water, sewer, and dry
utilities supply to support housing development.
This paragraph does not impose any additional
duty on the city or county to construct, finance, or
otherwise provide water, sewer, or dry utilities to
parcels included in the inventory.
Appendix D – Sites Inventory
Chapter 3 – Housing Constraints
Chapter 6 – Policies and Programs
(b)(6) Sites identified as available for housing for
above moderate-income households in areas not
served by public sewer systems. This information
need not be identified on a site-specific basis.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(b)(7) A map that shows the location of the sites
included in the inventory, such as the land use
map from the jurisdiction’s general plan, for
reference purposes only.
Chapter 5 – Sites Inventory Analysis
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(c) Based on the information provided in
subdivision (b), a city or county shall determine
whether each site in the inventory can
accommodate the development of some portion
of its share of the regional housing need by
income level during the planning period, as
determined pursuant to Section 65584. The
inventory shall specify for each site the number of
units that can realistically be accommodated on
that site and whether the site is adequate to
accommodate lower income housing, moderateincome housing, or above moderate-income housing.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory for site-by-site
details
(c) A nonvacant site identified pursuant to
paragraph (3) or (4) of subdivision (a) in a prior
housing element and a vacant site that has been
included in two or more consecutive planning
periods that was not approved to develop a
portion of the locality’s housing need shall not be
deemed adequate to accommodate a portion of
the housing need for lower income households
that must be accommodated in the current
housing element planning period unless the site is
zoned at residential densities consistent with
paragraph (3) of this subdivision and the site is
subject to a program in the housing element
requiring rezoning within three years of the
beginning of the planning period to allow
residential use by right for housing developments
in which at least 20 percent of the units are
affordable to lower income households. An
unincorporated area in a nonmetropolitan county
pursuant to clause (ii) of subparagraph (B) of
paragraph (3) shall not be subject to the
requirements of this subdivision to allow
residential use by right.
N/A
(c) Notwithstanding the foregoing, for a local
government that fails to adopt a housing element
that the department has found to be in substantial
compliance with state law within 120 days of the
statutory deadline in Section 65588 for adoption
of the housing element, rezoning pursuant to this
subdivision shall be completed no later than one
year from the statutory deadline in Section 65588
for adoption of the housing element.
(c) The analysis shall determine whether the
inventory can provide for a variety of types of
housing, including multifamily rental housing,
Appendix D, Site by Site
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(c) factory-built housing, mobilehomes, Appendix D, Site by Site (c) housing for agricultural employees, supportive
housing,
Appendix D, Site by Site
(c) single-room occupancy units, Appendix D, Site by Site (c) emergency shelters, and Appendix D, Site by Site
(c) transitional housing Appendix D, Site by Site
(c) and whether the inventory affirmatively furthers
fair housing.
Appendix D, Site by Site
(c) The city or county shall determine the number
of housing units that can be accommodated on
each site as follows:
(c)(1) If local law or regulations require the
development of a site at a minimum density, the
department shall accept the planning agency’s
calculation of the total housing unit capacity on
that site based on the established minimum
density. If the city or county does not adopt a law
or regulation requiring the development of a site
at a minimum density, then it shall demonstrate
how the number of units determined for that site
pursuant to this subdivision will be
accommodated.
Appendix D, Site by Site
(c)(2) The number of units calculated pursuant to
paragraph (1) shall be adjusted as necessary,
based on the land use controls and site
improvements requirement identified in paragraph
(5) of subdivision (a) of Section 65583,
Appendix D, Site by Site
(c)(2) the realistic development capacity for the
site,
Appendix D, Site by Site
(c)(2) typical densities of existing or approved
residential developments at a similar affordability
level in that jurisdiction,
Appendix D, Site by Site
(c)(2) and on the current or planned availability
and accessibility of sufficient water, sewer, and
dry utilities.
Appendix D, Site by Site
(c)(2)(A) A site smaller than half an acre shall not
be deemed adequate to accommodate lower
income housing need unless the locality can
demonstrate that sites of equivalent size were
successfully developed during the prior planning
Appendix D, Site by Site
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period for an equivalent number of lower income
housing units as projected for the site or unless
the locality provides other evidence to the
department that the site is adequate to
accommodate lower income housing.
(c)(2)(B) A site larger than 10 acres shall not be
deemed adequate to accommodate lower income
housing need unless the locality can demonstrate
that sites of equivalent size were successfully
developed during the prior planning period for an
equivalent number of lower income housing units
as projected for the site or unless the locality
provides other evidence to the department that
the site can be developed as lower income
housing.
Appendix D, Site by Site
(c)(2)(B) For purposes of this subparagraph, “site”
means that portion of a parcel or parcels
designated to accommodate lower income
housing needs pursuant to this subdivision.
Appendix D, Site by Site
(c)(2)(C) A site may be presumed to be realistic
for development to accommodate lower income
housing need if, at the time of the adoption of the
housing element, a development affordable to
lower income households has been proposed and
approved for development on the site.
Appendix D, Site by Site
(c)(3) For the number of units calculated to
accommodate its share of the regional housing
need for lower income households pursuant to
paragraph (2), a city or county shall do either of
the following:
(c)(3)(A) Provide an analysis demonstrating how
the adopted densities accommodate this need.
The analysis shall include, but is not limited to,
factors such as market demand, financial
feasibility, or information based on development
project experience within a zone or zones that
provide housing for lower income households.
Chapter 5 – Sites InventoryAnalysis
Appendix D, Site by Site
(c)(3)(B) The following densities shall be deemed
appropriate to accommodate housing for lower
income households:
(i) For an incorporated city within a
nonmetropolitan county and for a nonmetropolitan
county that has a micropolitan area: sites allowing
at least 15 units per acre.
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
Inclusionary Housing Ordinance
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(ii) For an unincorporated area in a
nonmetropolitan county not included in clause (i):
sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at
least 20 units per acre.
(iv) For a jurisdiction in a metropolitan county:
sites allowing at least 30 units per acre.
(4)(A) For a metropolitan jurisdiction:
(4)(A)(i) At least 25 percent of the jurisdiction’s
share of the regional housing need for moderateincome housing shall be allocated to sites with zoning that allows at least 4 units of housing, but
not more than 100 units per acre of housing.
Chapter 5 – Sites Inventory Analysis
(4)(A)(ii) At least 25 percent of the jurisdiction’s
share of the regional housing need for above
moderate-income housing shall be allocated to
sites with zoning that allows at least 4 units of
housing.
Chapter 5 – Sites Inventory Analysis
(B) The allocation of moderate-income and above
moderate-income housing to sites pursuant to this
paragraph shall not be a basis for the jurisdiction
to do either of the following:
(i) Deny a project that does not comply with the
allocation.
(ii) Impose a price minimum, price maximum,
price control, or any other exaction or condition of
approval in lieu thereof. This clause does not
prohibit a jurisdiction from imposing any price
minimum, price maximum, price control, exaction,
or condition in lieu thereof, pursuant to any other
law.
(iii) The provisions of this subparagraph do not
constitute a change in, but are declaratory of,
existing law with regard to the allocation of sites
pursuant to this section.
N/A
(C) This paragraph does not apply to an
unincorporated area.
N/A
(D) For purposes of this paragraph: N/A
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(i) “Housing development project” has the same
meaning as defined in paragraph (2) of
subdivision (h) of Section 65589.5.
N/A
(ii) “Unit of housing” does not include an
accessory dwelling unit or junior accessory
dwelling unit that could be approved pursuant to
Section 65852.2 or Section 65852.22 or through a
local ordinance or other provision implementing
either of those sections. This paragraph shall not
limit the ability of a local government to count the
actual production of accessory dwelling units or
junior accessory dwelling units in an annual
progress report submitted pursuant to Section
65400 or other progress report as determined by
the department.
Appendix D, Site by Site methodology
(E) Nothing in this subdivision shall preclude the
subdivision of a parcel, provided that the
subdivision is subject to the Subdivision Map Act
(Division 2 (commencing with Section 66410)) or
any other applicable law authorizing the
subdivision of land.
Appendix D, SB 9 divisible lots
(d) For purposes of this section, a metropolitan
county, nonmetropolitan county, and
nonmetropolitan county with a micropolitan area
shall be as determined by the United States
Census Bureau. A nonmetropolitan county with a
micropolitan area includes the following counties:
Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and other counties as
may be determined by the United States Census
Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
N/A
(e) (1) Except as provided in paragraph (2), a
jurisdiction shall be considered suburban if the
jurisdiction does not meet the requirements of
clauses (i) and (ii) of subparagraph (B) of
paragraph (3) of subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less than
2,000,000 in population, unless that jurisdiction’s
population is greater than 100,000, in which case
it shall be considered metropolitan. A county, not
including the City and County of San Francisco,
shall be considered suburban unless the county is
in an MSA of 2,000,000 or greater in population in
which case the county shall be considered
metropolitan.
N/A
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(2)(A)(i) Notwithstanding paragraph (1), if a
county that is in the San Francisco-OaklandFremont California MSA has a population of less than 400,000, that county shall be considered
suburban. If this county includes an incorporated
city that has a population of less than 100,000,
this city shall also be considered suburban. This
paragraph shall apply to a housing element
revision cycle, as described in subparagraph (A)
of paragraph (3) of subdivision (e) of Section
65588, that is in effect from July 1, 2014, to
December 31, 2028, inclusive.
N/A
(2)(A)(ii) A county subject to this subparagraph
shall utilize the sum existing in the county’s
housing trust fund as of June 30, 2013, for the
development and preservation of housing
affordable to low- and very low income
households.
N/A
(2)(B) A jurisdiction that is classified as suburban
pursuant to this paragraph shall report to the
Assembly Committee on Housing and Community
Development, the Senate Committee on Housing,
and the Department of Housing and Community
Development regarding its progress in developing
low- and very low income housing consistent with
the requirements of Section 65400. The report
shall be provided three times: once, on or before
December 31, 2019, which report shall address
the initial four years of the housing element cycle,
a second time, on or before December 31, 2023,
which report shall address the subsequent four
years of the housing element cycle, and a third
time, on or before December 31, 2027, which
report shall address the subsequent four years of
the housing element cycle and the cycle as a
whole. The reports shall be provided consistent
with the requirements of Section 9795.
N/A
(f) A jurisdiction shall be considered metropolitan
if the jurisdiction does not meet the requirements
for “suburban area” above and is located in an
MSA of 2,000,000 or greater in population, unless
that jurisdiction’s population is less than 25,000 in
which case it shall be considered suburban.
(g)(1) For sites described in paragraph (3) of
subdivision (b) [non-vacant sites], the city or
county shall specify the additional development
potential for each site within the planning period
and shall provide an explanation of the
Appendix D, Site by Site
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methodology used to determine the development
potential.
(g)(1) The methodology shall consider factors
including the extent to which existing uses may
constitute an impediment to additional residential
development,
Appendix D, Site by Site
(g)(1) the city’s or county’s past experience with
converting existing uses to higher density
residential development,
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
Chapter 6 – Policies and Programs
(g)(1) the current market demand for the existing
use,
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
Chapter 2, Section 2.7 - Dramatic Shifts in
Housing Market
(g)(1) an analysis of any existing leases or other
contracts that would perpetuate the existing use
or prevent redevelopment of the site for additional
residential development,
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
(g)(1) development trends, Chapter 2 – Housing Needs Assessment Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(g)(1) market conditions, Chapter 2 – Housing Needs Assessment (g)(1) and regulatory or other incentives or
standards to encourage additional residential
development on these sites.
Chapter 6 – Policies and Programs
(g)(2) In addition to the analysis required in
paragraph (1), when a city or county is relying on
nonvacant sites described in paragraph (3) of
subdivision (b) to accommodate 50 percent or
more of its housing need for lower income
households, the methodology used to determine
additional development potential shall
demonstrate that the existing use identified
pursuant to paragraph (3) of subdivision (b) does
not constitute an impediment to additional
residential development during the period covered
by the housing element. An existing use shall be
presumed to impede additional residential
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
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development, absent findings based on
substantial evidence that the use is likely to be
discontinued during the planning period.
(g)(3) Notwithstanding any other law, and in
addition to the requirements in paragraphs (1)
and (2), sites that currently have residential uses,
or within the past five years have had residential
uses that have been vacated or demolished, that
are or were subject to a recorded covenant,
ordinance, or law that restricts rents to levels
affordable to persons and families of low or very
low income, subject to any other form of rent or
price control through a public entity’s valid
exercise of its police power, or occupied by low or
very low income households, shall be subject to a
policy requiring the replacement of all those units
affordable to the same or lower income level as a
condition of any development on the site.
Replacement requirements shall be consistent
with those set forth in paragraph (3) of subdivision
(c) of Section 65915.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) The program required by subparagraph (A) of
paragraph (1) of subdivision (c) of Section 65583
shall accommodate 100 percent of the need for
housing for very low and low-income households
allocated pursuant to Section 65584 for which site
capacity has not been identified in the inventory of
sites pursuant to paragraph (3) of subdivision (a)
on sites that shall be zoned to permit owneroccupied and rental multifamily residential use by right for developments in which at least 20
percent of the units are affordable to lower
income households during the planning period.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) These sites shall be zoned with minimum
density and development standards that permit at
least
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) 16 units per site at a density of at least 16
units per acre in jurisdictions described in clause
(i) of subparagraph (B) of paragraph (3) of
subdivision (c),
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) shall be at least 20 units per acre in
jurisdictions described in clauses (iii) and (iv) of
subparagraph (B) of paragraph (3) of subdivision
(c)
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) and shall meet the standards set forth in
subparagraph (B) of paragraph (5) of subdivision
(b).
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
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(h) At least 50 percent of the very low and lowincome housing need shall be accommodated on sites designated for residential use and for which
nonresidential uses or mixed uses are not
permitted, except that a city or county may
accommodate all of the very low and low-income
housing need on sites designated for mixed uses
if those sites allow 100 percent residential use
and require that residential use occupy 50 percent
of the total floor area of a mixed-use project.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(i) For purposes of this section and Section
65583, the phrase “use by right” shall mean that
the local government’s review of the owneroccupied or multifamily residential use may not require a conditional use permit, planned unit
development permit, or other discretionary local
government review or approval that would
constitute a “project” for purposes of Division 13
(commencing with Section 21000) of the Public
Resources Code. Any subdivision of the sites
shall be subject to all laws, including, but not
limited to, the local government ordinance
implementing the Subdivision Map Act.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(i) A local ordinance may provide that “use by
right” does not exempt the use from design
review. However, that design review shall not
constitute a “project” for purposes of Division 13
(commencing with Section 21000) of the Public
Resources Code.
Chapter 6 – Policies and Programs
(i) Use by right for all rental multifamily residential housing shall be provided in accordance with
subdivision (f) of Section 65589.5.
Chapter 6 – Policies and Programs
(j) Notwithstanding any other provision of this
section, within one-half mile of a Sonoma-Marin
Area Rail Transit station, housing density
requirements in place on June 30, 2014, shall
apply.
N/A
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Exhibit C
NOTICE OF EXEMPTION
TO: Office of Planning and Research
PO Box 3044, Room 212
Sacramento, CA 95812
County Clerk
County of San Mateo
555 County Center
Redwood City, CA 94063
FROM: City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Attn: Karen Camacho, Housing and Economic Development Manager PROJECT TITLE: East Palo Alto 2023-2031 Housing Element PROJECT LOCATION (SPECIFIC): City-wide
PROJECT LOCATION (CITY AND COUNTY): East Palo Alto, San Mateo County PROJECT DESCRIPTION:
The City of East Palo Alto Housing Element 2023-2031 includes the City’s overall Housing Workplan, which addresses the City’s identified housing needs and includes goals, policies, and programs concerning housing and housing-related services. A central component to the plan is the City’s approach to addressing its share of the regional housing need (RHNA). The 2023-2031 Housing Element (RHNA 6) is a comprehensive review and update to the previous Housing Element which covered the 5th Cycle 2015-2022 planning period (RHNA 5). This update addresses all subjects required by Section 65583 of the Government Code, but also provides a focused, in-depth snapshot of the City’s changing demographics, economics and urban characteristics. The update addresses and updates city-specific market shifts, risk of displacement, income and affordability, constraints to housing, a fair housing assessment and affirmation, detailed inventory of housing projects and sites, and a progress report from the perspective of the RHNA 5 Housing element period.
To satisfy and meet their RHNA allocation, the City prepared a parcel-specific land inventory that includes sites capable of accommodating the RHNA allocation through a variety of methods, including: (1) identification of additional increased capacity on existing, residentially zoned sites; (2) identification of residential property for potential rezoning to higher-density residential primary use; (3) identification of non-residential property for rezoning to residential primary use; (4) development of approved and/or anticipated projects which do not have certificates of occupancy;
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and (5) future development of accessory dwelling units (ADUs). The total number of units, by income category, must meet or exceed the City’s RHNA.
For the eight-year planning cycle, the City’s 6th Cycle RHNA allocation is 829 additional housing units, including: 159 moderate-income units, 410 above moderate-income units, 165 very lowincome units, and 95 low-income units.
The number of total estimated units over the RHNA 6 period from all sites included in the Sites Inventory, also referred to as “Housing Opportunity Sites,” is summarized in Table 1 below. These Housing Opportunity Sites serve as quantified objectives because they provide the maximum number of housing units that can be constructed and redeveloped in the City over an eight-year timeframe. For the 2023-2031 housing cycle, the city’s quantified objectives for construction are 1,794 units, with 704 of those being affordable to East Palo Alto residents (very low income or low income).
Table 1: Total Units from Sites Inventory Sites vs. RHNA 6 VLI LI MOD Above-Mod Total
Housing
Opportunity
Sites
461 243 341 749 1794
RHNA 6 165 95 159 410 829
Difference 296 148 182 339 965
Percentage
difference 179% over 156% over 114% over 83% over 116% over Source: Housing Element Table 5.1.A. Assumed 125 additional ADU’s (30% VLI, 30% LI, 30% MOD, and 10% AboveMod) based on prior years’ ADU counts.
The East Palo Alto Sites Inventory or Housing Opportunity Sites contains many “pipeline units,” or units within projects that have been entitled or received SB 35 Zoning Clearance, and that are expected to apply for a building permit or begin construction after July 1, 2022, or in subsequent years. All such units are included in the Sites Inventory and will count towards the 6th RHNA cycle.
Taking these unit counts into consideration, the City can meet or exceed the RHNA in every category.
For other sites in the Sites Inventory, there is an active development application with a high level of confidence they will lead to the construction of new units within the eight-year Housing Element cycle (2023-2031), such as the Ravenswood Business District Specific Plan. Or, there is significant developer interest and potential feasibility, but the ability to develop residen tial units relies on a rezoning of the parcel. For these reasons, the development proposal or preapplication was used to calculate the realistic capacity of certain sites.
The 2023-2031 Housing Element includes policies that would accommodate implementation measures to meet and exceed the City’s RHNA allocation. The Project does not include the actual implementation measures and/or development of the housing units, which would be subject to future environmental evaluation as a part of the City’s normal development review process.
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Packet Pg. 104 Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit C | Page 3
NAME OF PUBLIC AGENCY APPROVING PROJECT:
City of East Palo Alto
NAME OF PERSON OR AGENCY CARRYING OUT THE PROJECT:
City of East Palo Alto
EXEMPT STATUS:
State CEQA Guidelines Section 15061(b)(3) common sense exemption FINDINGS AND REASONS WHY PROJECT IS EXEMPT:
The Project is exempt under State CEQA Guidelines Section 15061(b)(3) common sense exemption, because the Project involves the City’s policies and programs to update its Housing Element and meet its RHNA allocation that either: would not cause a significant physical effect on the environment; the RHNA allocation could be met with projects are have been or will be analyzed under CEQA associated with normal application processing; or reflect policies that that are consistent with and have been adequately analyzed within the City of East Palo Alto General Plan Vista 2035 EIR (SCH No. 2014092027).
Given its nature and scope, the proposed 2023-2031 Housing Element programs and policies would not result in direct or indirect physical environmental impacts. Specifically, the 2023-2031 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Zoning Code (Municipal Code Title 18). Future housing development pursuant to the 2023-2031 Housing Element would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (i.e., General Plan policies, Municipal Code standards, and Standard Conditions of Approval). While by-right housing projects may be exempt from CEQA, all future housing development pursuant to the 2023-2031 Housing Element would be subject to further development and environmental review, which may include supporting technical studies and other information that will further satisfy CEQA.
Based on these factors, it can be seen with certainty that the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment; therefore, the 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.
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Packet Pg. 105 Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit C | Page 4
Attachment (on file with the City of East Palo Alto)
Technical Memorandum – City of East Palo Alto 2023-2031 Housing Element CEQA Determination (Kimley-Horn and Associates, February 6, 2023)
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Exhibit C, Attachment 1
TECHNICAL MEMORANDUM
TO: KAREN CAMACHO, CITY OF EAST PALO ALTO
From: Tad Stearn and Prathna Maharaj
Date: February 6, 2023
Subject: City of East Palo Alto 2023-2031 Housing Element CEQA Determination This Technical Memorandum provides an evaluation of the City of East Palo Alto 2023-2031 Housing Element (the Project) concerning California Environmental Quality Act (CEQA) compliance. This Technical Memorandum was prepared to present: 1) the recommendations concerning the appropriate CEQA compliance documentation; and 2) the findings resulting from the CEQA compliance review, as described below and presented in Attachment 2
STATUTORY AUTHORITY AND REQUIREMENTS
State CEQA Guidelines Section 15061 – Review for Exemption Once it has been determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061, a project is exempt from CEQA if:
1) The project is exempt by statute (see State CEQA Guidelines Article 18, commencing with §15260). 2) The project is exempt pursuant to a Categorical Exemption (CE) (see State CEQA Guidelines Article 19, commencing with §15300) and the application of that CE is not barred by one of the exceptions set forth in State CEQA Guidelines Section 15300.2.
3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
4) The project will be rejected or disapproved by a public agency. 5) The project is exempt pursuant to the provisions of Article 12.5 - Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
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Packet Pg. 107 Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit C, Attachment 1 | Page 2
PROJECT DESCRIPTION
The City of East Palo Alto Housing Element 2023-2031 includes the City’s overall Housing Workplan, which addresses the City’s identified housing needs and includes goals, policies, and programs concerning housing and housing-related services. A central component to the plan is the City’s approach to addressing its share of the regional housing need (RHNA). The 2023-2031 Housing Element (RHNA 6) is a comprehensive review and update to the previous Housing Element which covered the 5th Cycle 2015- 2022 planning period (RHNA 5). This update addresses all subjects required by Section 65583 of the Government Code, but also provides a focused, in-depth snapshot of the City’s changing demographics, economics and urban characteristics. The update addresses and updates city-specific market shifts, risk of displacement, income and affordability, constraints to housing, a fair housing assessment and affirmation, detailed inventory of housing projects and sites, and a progress report from the perspective of the RHNA 5 Housing element period. The City’s outreach and public participation process was extensive and inclusive, despite the challenges presented by COVID-19 and the effort required to reach a culturally rich community that includes a large population of non-English speakers.
To satisfy and meet their RHNA allocation, the City prepared a parcel-specific land inventory that includes sites capable of accommodating the RHNA allocation through a variety of methods, including: (1) identification of additional increased capacity on existing, residentially zoned sites; (2) identification of residential property for potential rezoning to higher-density residential primary use; (3) identification of non-residential property for rezoning to residential primary use; (4) development of approved and/or anticipated projects which do not have certificates of occupancy; and (5) future development of accessory dwelling units (ADUs). The total number of units, by income category, must meet or exceed the City’s RHNA.
For the eight-year planning cycle, the City’s 6th Cycle RHNA allocation is 829 additional housing units, including: 159 moderate-income units, 410 above moderate-income units, 165 very low-income units, and 95 low-income units.
The number of total estimated units over the RHNA 6 period from all sites included in the Sites Inventory, also referred to as “Housing Opportunity Sites,” is summarized in Table 1 below. These Housing Opportunity Sites serve as quantified objectives because they provide the maximum number of housing units that can be constructed and redeveloped in the City over an eight-year timeframe. For the 2023- 2031 housing cycle, the city’s quantified objectives for construction are 1,794 units, with 704 of those being affordable to East Palo Alto residents (very low income or low income).
Table 1: Total Units from Sites Inventory Sites vs. RHNA 6 VLI LI MO D Above-Mod Total
Housing
O pportunity Sites
461 243 341 749 1794
RHNA 6 165 95 159 410 829
Difference 296 148 182 339 965
Percentage
difference 179% over 156% over 114% over 83% over 116% over
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Source: Housing Element Table 5.1.A. Assumed 125 additional ADU’s (30% VLI, 30% LI, 30% MOD, and 10% Above-Mod) based on prior years’ ADU counts.
The East Palo Alto Sites Inventory or Housing Opportunity Sites contains many “pipeline units,” or units within projects that have been entitled or received SB 35 Zoning Clearance, and that are expected to apply for a building permit or begin construction after July 1, 2022, or in subsequent years. All such units are included in the Sites Inventory and will count towards the 6th RHNA cycle. Taking these unit counts into consideration, the City can meet or exceed the RHNA in every category.
For other sites in the Sites Inventory, there is an active development application with a high level of confidence they will lead to the construction of new units within the eight-year Housing Element cycle (2023-2031). Or, there is significant developer interest and potential feasibility, but the ability to develop residential units relies on a rezoning of the parcel. For these reasons, the development proposal or preapplication was used to calculate the realistic capacity of certain sites.
The 2023-2031 Housing Element includes policies that would accommodate implementation measures to meet and exceed the City’s RHNA allocation. The Project does not include the actual implementation measures and/or development of the housing units, which would be subject to future environmental evaluation as a part of the City’s normal development review process.
FINDINGS CONCERNING CEQA COMPLIANCE/CEQA EXEMPTION
Kimley-Horn has completed the Project’s CEQA compliance review, as follows:
Exemption Justification Under Common-Sense Exemption
The Project is exempt under State CEQA Guidelines Section 15061(b)(3) common sense exemption, because the Project involves the City’s policies and programs to update its Housing Element and meet its RHNA allocation that either: would not cause a significant physical effect on the environment; the RHNA allocation could be met with projects are have been or will be analyzed under CEQA associated with normal application processing; or reflect policies that that are consistent with and have been adequately analyzed within the City of East Palo Alto General Plan Vista 2035 EIR (SCH No. 2014092027).
Given its nature and scope, the proposed 2023-2031 Housing Element programs and policies would not result in direct or indirect physical environmental impacts. Specifically, the 2023-2031 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Zoning Code (Municipal Code Title 18). Future housing development pursuant to the 2023-2031 Housing Element would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (i.e., General Plan policies, Municipal Code standards, and Standard Conditions of Approval). While by-right housing projects may be exempt from CEQA, all future housing development pursuant to the 2023-2031 Housing Element would be subject to further development and environmental review, which may include supporting technical studies and other information that will further satisfy CEQA. Based on these factors, it can be seen with certainty that the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment; therefore, the 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.
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Recent Examples in Support of Findings
As part of this review, Kimley-Horn researched the CEQA review and findings for other California land use agencies that have relied upon the common-sense exemption for CEQA compliance. This research identified that the cities of Newport Beach, Huntington Beach, Orland, Placentia, Glendale, Winters, and Yolo County, among others, processed their 6th Cycle housing element updates while claiming this exemption. These agencies had similar circumstances in that they either identified pending housing projects at varying income levels in the development review pipeline to address their RHNA obligations, and/or could make findings that implementation of their housing policies would not result in any direct or indirect adverse physical changes to the environment.
Policy and Program Analysis in Support of Findings
Attachment A: East Palo Alto 2023-2031 Housing Element Program Review Matrix summarizes the 2023- 2031 Housing Element policies and provides summary findings in support of an exemption under State CEQA Guidelines Section 15061(b)(3) common sense exemption.
As is evidenced by the discussions presented above and in Attachment A, the Project qualifies as being exempt from CEQA under the common-sense exemption. Moreover, the Project is not otherwise barred from the application of a Categorical Exemption, pursuant to State CEQA Guidelines Section 15300.2, if it is found that such an exemption applies.
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Packet Pg. 110 Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) Exhibit C, Attachment 2 | Page 1
Exhibit C, Attachment 2
East Palo Alto Housing Element Update Program Review Matrix The following matrix summarizes the determination that Housing Element programs are exempt under State CEQA Guidelines.
[Intentionally Left Blank]
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Summary of RHNA 6 Goals, Objectives, and Policies &
Programs
Summary of Determination the Program is
exempt under State CEQA Guidelines
§15061(b)(3) common sense exemption
Goal 1: Create more housing opportunities, and more housing that is affordable to East Palo Alto residents.
Objective: Implement
measures to reduce
overall processing
times for residential
development
applications while
maintaining robust
community outreach
and engagement.
Lead: Planning,
Building and Code
Enforcement
Policy 1.1: Develop objective
development and design standards
that simplify and improve approval
certainty and timing.
This Policy Action addresses development
standards and development review processes
concerning residential development. This
Policy Action is intended to programmatically
expedite the development of affordable housing
in the City. However, it does not result in the
approval of site-specific projects or the
construction of such projects. Therefore, this
Policy Action would not result in physical
environmental impacts.
Policy 1.2: Implement existing
processing guidelines for projects that
quality for by-right, ministerial, or
administrative approval and CEQA
exemption under SB 35 and SB 330.
This Policy Action only addresses the
development approval process for projects that
meet the requirements of SB 35 and SB 330.
This Policy Action would facilitate more
efficient approval of affordable housing
projects in the City. However, it does not result
in the approval of site-specific projects or the
construction of such projects. Therefore, this
Policy Action would not result in physical
environmental impacts.
Program 1.3: Review and adjust
building permit review and approval
procedures as needed to comply with
streamlining requirements in
AB2234.
This Program only addresses updating the
development review and approval process to
comply with AB 2234. This Program would
facilitate more efficient approval of affordable
housing projects in the City. However, it does
not result in the approval of site-specific
projects or the construction of such projects.
Therefore, this Program would not result in
physical environmental impacts.
Policy 1.4: Develop standards to
prioritize, incentivize, and expedite
processing of residential projects that
commit housing units for special
needs populations such as the
developmentally disabled, singlefemale head of households, at-risk youths, large family households,
extremely low-income households,
and unhoused individuals.
This Policy Action addresses the development
of housing projects that meet the needs of
special needs populations by facilitating
expeditious development review. However, it
does not result in the approval of site-specific
projects or the construction of such projects.
Therefore, this Policy Action would not result
in physical environmental impacts.
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Objective: Incentivize
affordable housing
development.
Leads: Planning,
Housing and Economic
Development
Policy 1.5: Adopt by-right zoning for
parcels in the Ravenswood/4 Corners
Specific Plan area where there is a
minimum of 20% lower-income
units.
This Policy Action addresses the rezoning of
portions of the Ravenswood/4 Corners Specific
Plan area to encourage affordable housing
development. This Policy Action does not result
in direct housing development. Further, any
housing development facilitated from the
rezoning would be subject to the City’s
development review and plan check process,
including CEQA review, which is currently in
progress. This Policy Action does not grant
entitlements for housing development in the
Ravenswood/4 Corners Specific Plan area.
Therefore, this Policy Action would not result
in physical environmental impacts beyond
those already under analysis by the City.
Policy 1.6: Seek and support financial
resources from state, regional, and
county housing programs, tax credits,
and other sources that provide
funding assistance for affordable
housing projects to cover design and
development costs and off-site public
improvements.
This Policy Action only addresses financing of
affordable housing projects. This Policy Action
does not grant funding or directly facilitate
development of projects. Therefore, this Policy
Action would not result in physical
environmental impacts beyond those already
under analysis by the City.
Objective: Encourage
smaller-scale housing
that is relatively more
affordable, including
duplexes/triplexes and
market-rate accessory
dwelling units (ADUs).
Lead: Planning
Policy 1.7: Develop a “next-phase”
streamlining effort for ADUs and
JADUs, SB 9 projects, and any future
small-development, ministerial
approval process that builds on
lessons learned from the ADU
Streamlining collaboration with
EPACANDO and City Systems (See
also ADU zoning amendments in
Goal 10).
This Policy Action addresses the City’s support
and accommodation for ADU and similar smalldevelopment construction in the City through streamlined development review. This Policy
Action does not result in direct housing
development. This Policy includes development
of a website committed to information related to
submit development applications and
development of objective design and
development standards for unit construction.
Therefore, this Policy Action would not result
in physical environmental impacts.
Policy 1.8: Study feasibility and
desirability of waiving or reducing
fees or delaying payment of permit
fees and development impact fees for
ADUs and small projects, e.g., two or
fewer units.
This Policy Action only addresses the City’s
efforts to facilitate development of small
residential projects through reduced fees or
alternative payment plans. This Policy Action
does not result in direct housing development.
This Policy would result in surveys of other San
Mateo County jurisdictions to determine
potential models for implementation in the City.
Therefore, this Policy Action would not result
in physical environmental impacts.
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Program 1.9: Develop outreach
materials targeting smaller developers
aimed at informing future applicants
and improving the quality of Planning
and Building applications received.
This Program would support residential
developers in preparation of outreach material
and improved Planning and Building
development applications. This Policy Action
does not result in direct housing development.
This Program would minimize delays and
improve submittal quality to facilitate more
efficient review and approval of smaller-scale
housing projects. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 1.10: Implement a
preapproved and modular ADU
designs program or clearinghouse to
facilitate streamlined review and
reduce design costs of ADUs.
This Program addresses the City’s efforts to
streamline review and reduce costs associated
with ADU development. This Policy Action
does not result in direct housing development.
This Policy/Program would require
collaboration with the City’s ADU Working
Group to develop design recommendations.
Therefore, this Policy Action would not result
in physical environmental impacts.
Program 1.11: Develop proposals for
relaxing or allowing flexible zoning
standards (e.g., building setbacks and
height, open space, parking, and
density) to facilitate the developing of
SB 9 and small infill housing projects
to increase housing opportunities and
housing types throughout the
community.
This Policy Action only addresses the City’s
efforts to facilitate development of small
residential projects by relaxing applicable
zoning standard, where feasible. This Policy
Action does not result in direct housing
development. This Policy would result in
review of existing standards and potential
modifications. Therefore, this Policy Action
would not result in physical environmental
impacts.
Objective: Incentivize
production of deedrestricted ADUs,
including deedrestricted units, to add
to the City’s affordable
housing stock.
Leads: Planning,
Housing and Economic
Development
Program 1.12: Develop a formalized
legalization process for unpermitted
second units.Identify zoning
amendments to reduce the
impediment to building ADUs, such
as setback and open space standards.
This Program addresses the City’s program to
allow owners with existing unpermitted second
units to obtain permits to legalize the ADUs.
This Policy Action does not entitle or
automatically permit new ADU construction.
Rather, this Policy Action is a new program to
help bring into compliance existing unpermitted
ADUs. Therefore, this Policy Action would not
result in physical environmental impacts.
Policy 1.13: Support and participate
in a potential county-wide initiative to
create a resource center to effectively
educate homeowners, provide
resources, and promote the
construction of ADUs.
This Policy Action only addresses the City’s
efforts to increase homeowners’ knowledge of
available housing-related resources and
promote construction of ADUs. This Policy
Action would include development of public
outreach and information programs. Therefore,
this Policy Action would not result in physical
environmental impacts.
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Policy 1.14: Research all available
public and private sources of
rehabilitation/repair funding and
strengthen partnership with
organizations in this area, such as
Habitat for Humanity.
This Policy Action only addresses the City’s
efforts to identify alternative funding sources
for ADU projects through collaboration with
community partnerships. Therefore, this Policy
Action would not result in physical
environmental impacts.
Objective: Develop
long-term, sustainable
funding sources that
are flexible and may be
used for affordable
housing production and
preservation and to
prevent displacement
and homelessness.
Lead: Housing and
Economic Development
Policy 1.15: Implement the 2022
approval of Measure L which
increased and expanded the City’s
existing Gross Receipts Tax on rental
residential properties for affordable
housing and support programs.
This Policy Action is expected to increase
revenue for funding future affordable housing
projects through increased taxes on rental
residential properties. This is only a potential
source of revenue generation. Therefore, this
Policy Action would not result in physical
environmental impacts.
Program 1.16: Update the City’s
five-year strategic plan that lays out
funding goals and priorities for the
City’s affordable housing revenue
sources for a finite period (1 year to 5
years).
This Program only identifies the City’s plan to
identify funding goals and priorities and
identify state funding sources to support
affordable housing projects and address
homelessness. This Program would include
application for State grants including the
Regional Early Action Planning grants, grants
from HCD, and additional sources identified for
homelessness. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 1.17: Collaboratively
(Planning and Housing) pursue state
grant funds wherever possible to
support affordable housing projects
and programs to address
homelessness in the City.
This Program only addresses the pursuit of
funding opportunities for affordable housing
projects and programs within the City.
Therefore, this Policy Action would not result
in physical environmental impacts.
Objective: Take
reasonable measures
to reduce the cost of
development for fully
affordable housing
developments.
Leads: Planning,
Housing and
Economic
Development
Policy 1.18: Use the opportunity of
the RBD Specific Plan Update or
initiate a city-wide study on the
feasibility and desirability of fee
waivers or reductions or delayed fee
payments for fully affordable housing
projects; additionally, consider
providing City financial assistance to
cover these fees.
This Policy Action addresses the City’s efforts
to facilitate development of affordable
residential projects through reduced fees or
alternative payment plans. This Policy Action
does not result in direct or additional housing
development within the RBD Specific Plan
area. As this Policy would only result in
feasibility analyses performed for each of the
major projects in RBD, this Policy Action
would not result in physical environmental
impacts.
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Policy 1.20: Incorporate parking
reductions into the City’s
Transportation Demand Management
Program including compliance with
AB2097 and related state laws that
eliminates parking minimums within
one-half mile major transit stops and
radius and parking maximums for
affordable housing projects.
This Policy Action would establish a TDM
Program to reduce parking requirements to
incentivize and facilitate affordable housing
developments. Therefore, this Policy Action
would not result in physical environmental
impacts.
Objective: Encourage
housing on sites zoned
for mixed use in the
Ravenswood/4
Corners Specific Plan
Area.
Lead: Planning
Policy 1.21: For sites within the RBD
Specific Plan Area, study feasibility
and effectiveness of an RBD-specific
density bonus and relaxed zoning
controls and incorporate possible
provisions into the Specific Plan
Update.
This Policy Action addresses the potential for
density bonuses and incentives to promote
affordable housing development within the
RBD/4 Corners Specific Plan Area. This Policy
Action includes the study of by-right density
bonus and other development incentives to
provide recommendations for the RBD. This
Policy Action does not grant any development
entitlements or authorize development beyond
what could be allowed and analyzed in the final
Specific Plan. Further, any housing
development or intensification induced by this
policy would be subject to the City’s
development review and plan check process,
including CEQA review, which is already in
progress. Therefore, no additional physical
environmental impacts would occur.
Objective: Leverage
available public lands
for affordable housing
development where
feasible and beneficial
to the community.
Leads: City
Manager’s Office,
Housing and
Economic
Development
Program 1.22: Determine the
feasibility and develop a proposal for
redevelopment of Senior Center at
560 Bell St. to include affordable
housing.
This Policy Action addresses the City’s efforts
to increase the supply of affordable housing
through redevelopment on public-owned
properties through the Surplus Lands Act. This
Policy Action does not result in direct housing
development. Rather, this Policy Action would
result in a feasibility study for redevelopment
and subsequent development activity, if deemed
feasible. Further, any housing development
facilitated by this partnership would be subject
to the City’s development review and plan
check process. Therefore, this Policy Action
would not result in physical environmental
impacts.
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Program 1.23:Work with County of
San Mateo to complete land swap and
determine feasibility of the County
developing affordable housing at
2277 University.
This Policy Action only addresses the City’s
efforts to increase the supply of affordable
housing through redevelopment on publicowned properties through the Surplus Lands Act. This Policy Action does not result in direct
housing development. Rather, this Policy
Action would result in an Exchange Agreement
with the County and subsequent development
activity. Further, any housing development
facilitated by this partnership would be subject
to the City’s development review and plan
check process. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 1.24: Work with Sequoia
Elementary School District to
facilitate the development of the
district-owned parcel at 2450 Ralmar
Ave. as affordable public school
employee housing.
This Policy Action addresses the City’s efforts
to increase the supply of affordable housing
through redevelopment on public-owned
properties through the Surplus Lands Act. This
Policy Action does not result in direct housing
development. Rather, this Policy Action would
result collaboration with the School District for
future housing. Further, any housing
development facilitated by this partnership
would be subject to the City’s development
review and plan check process. Therefore, this
Policy Action would not result in physical
environmental impacts.
Objective: Incentivize
“missing middle”
housing, or smallerscale housing that is
affordable to
households at 80-120%
of Area Median
Income.
Lead: Planning
Policy 1.25: Revise City zoning
standards to increase compatibility
with SB 9 (e.g., flexible zoning
standards for setbacks, open space,
height and density) and make process
improvements to encourage
application of SB 9 on appropriately
zoned parcels. Conduct informational
outreach to property owners whose
properties are prime candidates for
SB 9 projects.
This Policy Action only addresses existing
zoning standards to facilitate development of
housing units in the Moderate and Above
Moderate-income categories. This Policy
Action does not result in direct housing
development, but would ensure City
compliance with SB 9 and SB 35. Therefore,
this Policy Action would not result in physical
environmental impacts.
Objective: Monitor
progress on Sites
Inventory.
Leads: Planning.
Housing and Economic
Development
Policy 1.26: At least every two years,
evaluate the progress on meeting the
City’s RHNA and adjust the Sites
Inventory as needed. Track the
production of inclusionary housing
units, ADUs, SB 9 units, and housing
for special needs populations.
This Policy Action addresses the City’s efforts
to regularly monitor progress on its RHNA
targets and Sites Inventory. This Policy Action
does not result in direct housing development,
but would promote progress on Housing
Element goals and programs. Therefore, this
Policy Action would not result in physical
environmental impacts.
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Goal 2 Create homeownership opportunities for East Palo Alto residents and stability for existing homeowners
Objective: Promote
financial literacy as a
means of encouraging
homeownership and
support first-time
homebuyers.
Lead: Housing and
Economic Development
Policy 2.1: Develop a City led
homebuyer support program or
programs tailored to the needs of
households in East Palo Alto.Conduct
proactive outreach to seek interested
applicants.
This Policy Action only addresses the City’s
efforts to increase homeownership for
households in East Palo Alto through review of
federal, state, and local programs. This Policy
Action does not result in direct or indirect
housing development, but would develop a
program to support residents in achieving
homeownership. Therefore, this Policy Action
would not result in physical environmental
impacts.
Policy 2.2: With the assistance of the
City’s grant coordinator, seek and
apply for funds from state and other
sources to create and finance this
program.
This Policy Action only addresses the City’s
efforts to increase homeownership through
City-led financing programs. This Policy Action
does not result in direct or indirect housing
development, but would develop a program to
support residents in achieving homeownership.
Therefore, this Policy Action would not result in
physical environmental impacts.
Objective: Create
pathways to affordable
homeownership
opportunities.
Lead: Housing and
Economic Development
Policy 2.3: Continue to study and
develop an Opportunity to Purchase
Act policy for tenants and/or qualified
non-profits that builds on prior
research and City Council direction in
2021-22.
This Policy Action only addresses the City’s
efforts to increase homeownership through an
Opportunity to Purchase Act policy which gives
tenants, qualified nonprofits, or jurisdictions the
first opportunity to purchase a residential
property or assign their right to purchase to
another entity when the owner is ready to sell.
This Policy Action does not result in direct or
indirect housing development, but would
develop a program to support residents in
achieving homeownership. Therefore, this
Policy Action would not result in physical
environmental impacts.
Objective: Advocate
for homebuyer and
homeownership
programs at the
regional level.
Lead: Housing and
Economic Development
Policy 2.4: Advocate for the
homebuyer and homeownership
programs at the county, regional, state
and levels.
This Policy Action only addresses the City’s
continued advocacy for homeownership
throughout the region. Therefore, this Policy
Action would not result in physical
environmental impacts.
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Goal 3 Promote stewardship and preservation of the City’s existing affordable housing stock.
Objective: Ensure that
the City’s deedrestricted affordable
housing and Below
Market-Rate (BMR)
portfolio remain wellmaintained and
monitored.
Lead: Housing and
Economic Development
Program 3.1:Continue working with
EPACANDO and Bay Area
Affordable Homeownership Alliance
(BAAHA) on the existing BMR
Program contract and draft Request
for Proposals (RFP) for next phase of
BMR Program management,
including additional rental and forsale inclusionary housing units.
This Program only addresses an ongoing
inventory-monitoring program for deedrestricted units in the very low-, low-, and moderate-income categories. This Program
does not result in direct housing development.
This action is primarily for monitoring and
reporting purposes; therefore, it would not result
in physical environmental impacts.
Objective: Improve
data on affordability of
the City’s rental
housing stock outside
of the Rent Stabilized
portfolio.
Lead: Housing and
Economic Development
Program 3.2: Prepare a feasibility
study to create and fund a City rent
registry and present to City Council
for direction.
This Program only addresses the City’s efforts
to maintain data on existing housing stock and
develop a rent registry following review of
similar Bay Area programs. This Program does
not result in direct housing development. This
action is primarily for monitoring and
management purposes; therefore, it would not
result in physical environmental impacts.
Objective: Leverage
County initiatives and
affordable housing
resources to increase
public awareness of
affordable housing
opportunities in East
Palo Alto.
Lead: Housing and
Economic Development
Program 3.3: Work with the County
of San Mateo to list all affordable
housing projects and inclusionary
units on Doorway, a new regional
platform for searching and applying
for affordable housing and finding
affordable housing resources; conduct
proactive outreach.
This Program only addresses the City’s efforts
to increase awareness and visibility of existing
and planned affordable housing developments.
This Program does not result in direct housing
development. This action is primarily for
marketing and accessibility purposes; therefore,
it would not result in physical environmental
impacts.
Objective: Protect and
preserve the City’s
supply of rentstabilized affordable
housing units.
Lead: Housing and
Economic Development
Policy 3.4: Continue to support the
function of the Rent Stabilization
Board to enforce the City’s Rent
Stabilization Ordinance to protect
tenants from unreasonable rent
increase, to protect tenants from
unlawful evictions, and to allow
landlords sufficient rental income for
maintenance and operating expenses
and capital improvements.
This Policy Action only addresses the City’s
efforts to manage the cost of rental housing
through its Rent Stabilization Ordinance.
Therefore, this Policy Action would not result in
physical environmental impacts.
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Goal 4 Prevent displacement of East Palo Alto residents.
Objective: Connect the
creation of new jobs in
the City from
commercial
development to the
creation of new
housing at the
appropriate
affordability levels.
Leads: Planning,
Housing and Economic
Development
Policy 4.1: As part of the RBD
Specific Plan update, develop a
requirement to build new housing at
specified levels of affordability based
on a numerical linkage to office/R&D
square footage in Ravenswood
Business District (RBD).
This Policy Action would establish a jobshousing linkage requirement within the RBD Specific Plan Area and is incorporated into the
current scope of work for the overall RBD
Specific Plan. This Program does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts
beyond those already under analysis.
Program 4.2: Participate in
countywide nexus study led by 21
Elements to update the existing
Commercial Linkage Fee.
This Policy Action only addresses the City’s
participation in the County’s Commercial
Linkage Fee study. This Program does not result
in direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Objective: Promote the
preservation of existing
housing stock and
rehabilitation of
housing that is at-risk
due to age, structural
deficiencies, etc.
Leads: Housing and
Economic
Development, Building
and Code Enforcement
Policy 4.3: Develop a preservation
strategy that addresses funding
sources, identification of properties,
and partnerships that can lead to
preservation of affordable housing in
East Palo Alto.
This Policy Action only addresses the City’s
efforts to maintain its affordable housing stock
through partnerships including its existing
partnership with the Policy Grant Fellow. This
Policy Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
Policy 4.4:Identify and maintain a list
of at-risk and substandard buildings
throughout the City. Ensure property
owner comply with the State
Preservation Notice Law. Actively
engage with property owners to reach
agreements to preserve at-risk units
and properly maintain their properties.
This Policy Action addresses the City’s efforts
to maintain its affordable housing stock through
maintenance and rehabilitation projects. This
Policy Action does not result in direct or indirect
housing development. In addition, maintenance
and rehabilitation efforts are typically exempt
from CEQA. Therefore, it would not result in
physical environmental impacts.
Policy 4.5: Study improvements to a
City process for addressing code
violations on residential properties,
including, but not limited to,
unpermitted second units.
This Policy Action only addresses the City’s
efforts to maintain the quality of existing
affordable housing stock. Implementation
would include study of similar programs
throughout the Bay Area. This Policy Action
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
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Program 4.6: Develop a City housing
rehabilitation program for City
Council consideration that covers
both single-family homes and multifamily apartments to preserve affordable housing opportunities,
encourage proper maintenance and
repairs, and increase energy
conservation.
This Program only addresses the City’s efforts
to maintain the quality of its existing housing
through City-led programs. This Policy Action
does not result in direct or indirect housing
development. In addition, repair and
rehabilitation efforts are typically exempt from
CEQA. Therefore, this policy would not result
in physical environmental impacts.
Objective: Support
housing stability of
existing lower-income
homeowners and
enable the
community’s seniors
to age in place.
Lead: Public Works,
Planning, Building,
Housing and
Economic
Development
Policy 4.7: Research all public
sources and potential City-level
initiatives to assist low-income
homeowners in East Palo Alto with
major repairs and rehab to address
acute safety and livability issues.
Develop a public outreach plan and
also inform homeowners of financial
assistance available from other
agencies such as energy conservation
and electrification incentives.
This Policy Action addresses the City’s efforts
to maintain its housing stock by providing
financial assistance to low-income homeowners
for maintenance and rehabilitation projects.
This Policy Action does not result in direct or
indirect housing development. In addition,
repair and rehabilitation efforts are typically
exempt from CEQA. Therefore, this policy
would not result in physical environmental
impacts.
Policy 4.8: Continue to implement
public accessibility improvements in
accordance with the City’s ADA
Compliance Plan, and allow for
reasonable accommodations through
Municipal Code Chapter 14.10 –
Reasonable Accommodations and
Development Code Chapter 18.98 –
Reasonable Accommodations.
This Policy Action addresses the City’s efforts
to promote accessibility and make progress on
its ADA Compliance Plan and provide
individuals with disabilities reasonable
accommodation to ensure equal access to
housing. This Policy Action does not result in
direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Policy 4.9: Study models of
foreclosure prevention at the local
level in similarly sized cities, whether
through local investment or
leveraging outside funding; evaluate
establishing a mortgage assistance
program for low-income households.
This Policy Action only addresses the City’s
efforts to promote and maintain homeownership
for lower-income households. This Policy
Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
Objective: Promote
community/cooperative
ownership of land and
housing in East Palo
Alto.
Lead: Housing and
Economic Development
Program 4.10: Evaluate
opportunities to support and/or
leverage local community land trusts
(CLTs) to create community
ownership of new or preserved
affordable housing, e.g., through
scattered-site ADUs, small
inclusionary projects, or preservation
projects.
This Policy Action only addresses the City’s
efforts to promote and maintain homeownership
through community partnerships. This Policy
Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
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Objective: Prevent
displacement due to
high housing cost
burden and barriers to
housing, such as rental
deposits.
Lead: Housing and
Economic Development
Policy 4.11: Continue to appropriate
funds and consider increasing funds
for direct emergency financial
assistance or rent relief to be
administered by a qualified
organization identified through a
Request for Proposals (RFP) process.
Conduct proactive public outreach,
particularly to lower-income
households and neighborhoods where
a high housing cost burden has been
documented in the fair housing
assessment.
This Policy Action only addresses the City’s
efforts to prevent displacement of lower-income
households through development of an
emergency funding program. This Policy Action
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Policy 4.12: Develop a proposal for
City Council consideration for direct
financial assistance program for first
and last month’s rent/deposit
assistance.
This Policy Action only addresses the City’s
efforts increase housing affordability and
accessibility through financial assistance
programs. This Policy Action does not result in
direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Objective: Implement
an effective and fair
housing compliant
Local Preference
Policy.
Lead: Housing and
Economic Development
Policy 4.13: Complete and enforce
guidelines on City’s existing Local
Preference Policy.
This Policy Action only addresses the City’s
efforts to prevent displacement by providing
preference for housing opportunities to existing
residents of East Palo Alto. This Policy Action
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Objective: Provide
access to living wage
jobs to allow residents
to afford to remain to
live in East Palo Alto.
Lead: Housing and
Economic Development
Program 4.14: Through Measure
HH, a parcel tax on large office
developments approved by East Palo
Alto residents in 2018, implement a
Workforce Development Program to
provide job training, apprenticeships,
and job placement services to
residents through partnerships with
community-based non-profit
organizations and private companies.
Programs shall include proactive
outreach to East Palo Alto residents,
and service agreements shall define
performance goals and metrics and
required deliverables.
This Policy Action only addresses the City’s
efforts to support residents in affording housing
in East Palo Alto through development of job
training and related programs. This Policy
Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
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Goal 5 Apply environmental justice principles in planning for new housing development.
Objective: Adopt
policies and programs
to address
environmental justice
issues in the
community.
Lead: Planning,
Housing and Economic
Development
Program 5.1: Update the
Environmental Justice Element
(Health and Equity) in the City’s
General Plan to include a
comprehensive set of policies and
programs and an implementation plan
to address environmental justice
issues in the community; scope of
work to include a robust community
engagement process is integrated into
the preparation of this Element.
This Program addresses the City’s efforts to
develop an Environmental Justice Element for
its General Plan which would addresses
environmental justice issues, including those
relevant to housing. This Policy Action does not
result in direct or indirect housing development,
and would be expected to result in beneficial
impacts to vulnerable communities. Therefore,
it would not result in physical environmental
impacts.
Objective: Address
water and sewer system
constraints to housing
production, to the
extent they are within
the City’s control,
through targeted capital
and governance
improvements.
Lead: City Manager’s
Office, Public Works
Program 5.2: Establish and
implement a plan to address the San
Mateo County Local Agency
Formation Commission
(SMCLAFCo) Municipal Service
Review and to resolve the delays to
housing development caused by
issues with the East Palo Alto Sanitary
District.
These Policy Actions would result in
coordination between the City and water (City)
and wastewater (EPASD) utility providers to
facilitate development of residential projects
through utility system improvements. This
Policy Action does not result in direct housing
development. Future development that may
result from removing water and sewer service
constraints has been adequately evaluated in the
City’s General Plan Vista 2035 and certified EIR
(SCH No. 2014092027). Therefore, this Policy
Action would not result in physical
environmental impacts beyond those previously
evaluated at a city-wide, programmatic level.
Program 5.3: Implement the Water
System Master Plan adopted in 2022
and complete the first-phase capital
improvements in the plan. Update the
Urban Water Management Plan to
confirm with the Master Plan and
ensure adequate water service to
parcels in the Sites Inventory
(adequate water supply but water
infrastructure upgrades may be
needed for certain locations).
These Policy Actions would result in
coordination between the City and water (City)
utility providers to facilitate development of
residential projects by ensuring adequate water
service to parcels in the Sites Inventory. This
Policy Action does not result in direct housing
or water system development. Future
development that may result from removing
water service constraints has been adequately
evaluated in the City’s General Plan Vista 2035
and certified EIR (SCH No. 2014092027).
Therefore, this Policy Action would not result in
physical environmental impacts beyond those
previously evaluated at a city-wide,
programmatic level.
Policy 5.4: Work with water and
sewer providers to adopt a policy that
prioritizes water and sewer capacity
allocations to affordable housing
projects and low-income households
per SB1097.
This Policy Action only addresses the City’s
efforts to provide and coordinate water and
sewer utility service to applicable housing
projects pursuant to State law. Therefore, this
Policy Action would not result in physical
environmental impacts.
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Objective: Minimize
new housing in highestrisk areas prone to
flooding/sea level rise
or due to environmental
contamination.
Lead: Public Works
Program 5.5: Leverage community
partnerships to utilize and maintain
data and maps wherever possible to
monitor areas subject to flooding and
identify sites for future development
and to comply with Government Code
65302.
This Program only addresses the resiliency of
residential developments through monitoring
and consideration of climate- and weatherrelated data. This Program does not result in direct housing development, and instead focuses
on long-term sustainability of future
development. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 5.6:Develop environmental
“overlay” map with most up-to-date
data to avoid housing in at-risk areas
or with prescribed mitigation
measures.
This Program addresses the resiliency of
residential developments through development
of an environmental overlay to identify potential
risks for development. This Program does not
result in direct housing development, and
instead focuses on long-term sustainability of
future development, as well as the prevention of
future impacts. Therefore, this Policy Action
would not result in physical environmental
impacts.
Objective: Expand and
establish program to
promote fair housing
practices for East Palo
Alto residents.
Lead: Housing and
Economic Development
Program 5.7: Implement fair housing
and anti-eviction programs using
Measure O and other qualifying local
revenue sources to fund communitybased organizations to provide legal services, financial assistance, case
management, referrals, proactive
community outreach (social media,
workshops, flyers), posted resource
information, and a citizen advocacy
committee. Contracts with
organizations will specify quantified
deliverables for each of these areas.
This Program addresses the City’s efforts to
implement fair housing and anti-eviction
programs by funding related community-based
organizations. This Program does not result in
direct housing development, and instead focuses
on supporting residents in achieving and
maintaining housing security. Therefore, this
Policy Action would not result in physical
environmental impacts.
Policy 5.8: Continue to support
agencies such as Project Sentinel that
provide consultation and
landlord/tenant mediation services for
residents.
This Program addresses the City’s efforts
support community-based organizations that
support residents in housing-related matters.
This Program does not result in direct housing
development, and instead focuses on supporting
residents in achieving and maintaining housing
security. Therefore, this Policy Action would
not result in physical environmental impacts.
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Policy 5.9: Place program priority on
providing fair housing and support
services to special needs populations
such as extremely low-income
households, persons with disabilities,
female heads of households, large
family households, seniors, at-risk
youths, and households at-risk of
homelessness. Target proactive public
outreach to lower resource
neighborhoods such as western and
northern areas in East Palo Alto or
projects where there is a higher
presence of special needs populations
based on the fair housing analysis.
This Program addresses the City’s efforts
support residents with special needs by
providing support services related to housing.
This Program does not result in direct housing
development, and instead focuses on achieving
fair housing opportunities for residents.
Therefore, this Policy Action would not result in
physical environmental impacts.
Goal 6 Promote safe and healthy housing in East Palo Alto.
Objective: Strengthen
monitoring and
enforcement of
habitability issues.
Leads: Housing and
Economic
Development, Building
and Code Enforcement
Policy 6.1:Annually review the City’s
habitability complaints and the Rent
Stabilization Ordinance’s rules and
regulations and evaluate whether any
changes or updates may be made to
how the City enforces habitability
issues.
This Policy Action includes evaluation of the
City’s existing processes for addressing
maintenance concerns to prevent violations of
building and zoning ordinances in residential
developments. This Policy Action does not
result in direct housing development. Therefore,
this Policy Action would not result in adverse
physical environmental impacts.
Objective: Incorporate
amenities into
multifamily housing
that support households
with children.
Lead: Planning
Policy 6.2: Determine the most
effective means of incentivizing or
requiring childcare facilities in new
affordable housing developments and
commercial developments.
This Policy Action addresses the
encouragement of childcare centers as a
component of new affordable housing
developments. This Policy Action does not
result in direct housing development. Rather, it
involves granting additional incentives in
conjunction with the review. Therefore, this
Policy Action would not result in physical
environmental impacts.
Objective: Improve
energy conservation
and reduce the carbon
footprint of residential
buildings.
Lead: Building and
Code Enforcement
Program 6.3: Implement the East
Palo Alto Reach Codes, which
became effective in January 2021 and
apply to all new construction and
substantial rehabilitations and
additions; continue to explore
expanding building electrification
requirements and support incentive
programs for retrofitting existing
buildings.
This Program only addresses requirements for
residential housing developments to include the
installation of energy efficient appliances and
devices. This Program does not result in direct
housing development, and instead involves
compliance with existing energy efficiency
codes as housing projects are approved.
Therefore, this Policy Action would not result in
physical environmental impacts. Energy
conservation efforts would be expected to result
in beneficial environmental effects.
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Objective: Improve
earthquake readiness
and resilience.
Lead: Planning, Public
Works, Building
Program 6.4: Complete and
implement the recently updated MultiGenerational Local Hazard Mitigation Plan.
This Program addresses the safety of residential
developments through implementation of the
City’s LHMP. This Program does not result in
direct or indirect housing development.
Therefore, this Program would not result in
physical environmental impacts.
Program 6.5: Update the City’s
Safety Element to address
earthquakes, flooding, and other
natural and manmade hazards;
consider policies such as establishing
a seismic retrofit program to address
vulnerable populations living in softstory buildings and establishing a program for remediation of lead-based
pain in older residential buildings;
incorporate targeted outreach to
vulnerable and special needs
populations to ensure their needs are
well-addressed.
This Program addresses updates to the City’s
General Plan Safety Element to meet the needs
of special needs populations. This Program does
not result in direct or indirect housing
development. Therefore, this Program would
not result in physical environmental impacts.
Objective: Ensure
implementation and
enforcement of flood
protection and
prevention measures.
Lead: Public Works,
Planning, Building and
Code Enforcement
Policy 6.6: Continue to disseminate
information through onsite resources
and workshops to homeowners,
property owners, and developers on
FEMA, state, and local regulations on
floodplain construction and
management practices.
This Policy Action addresses the City’s efforts
to increase the resiliency of residential
developments by providing information on
flood-related construction and management
practices.This Program does not result in direct
or indirect housing development. Therefore, this
Program would not result in physical
environmental impacts.
Program 6.7: Continue to participate
in FEMA’s Community Rating
System Program to ensure that new
housing development complies with
floodplain construction standards with
submittal of required certifications.
This Policy Action addresses the City’s efforts
to promote resilient residential development
through enforcement of relevant construction
standards.This Program does not result in direct
or indirect housing development. Therefore, this
Program would not result in physical
environmental impacts.
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Goal 7 Create more housing opportunities for special needs households, including large households, people at risk of or experiencing homelessness, and individuals with disabilities.
Objective: Incorporate
special housing needs
into City-supported
future affordable
housing developments.
Lead: Housing and
Economic Development
Policy 7.1: For affordable housing
projects located near high-quality
transit and on City-owned land, with
City subsidy, or where otherwise
legally defensible, require developers
of affordable housing to demonstrate
how they will serve people with
disabilities in the development.
This Policy Action would require residential
project applicants (as deemed appropriate by the
City) to provide supportive services and
accessible development targeted for persons with
developmental disabilities. This Policy Action
does not result in direct housing construction
Therefore, this Policy Action would not result in
physical environmental impacts.
Objective: Provide
housing solutions for
unhoused residents in
East Palo Alto.
Leads: Housing and
Economic
Development, Planning
Program 7.2: Finalize the Master
Temporary Use Permit for temporary
housing program rollout that includes
City coverage of permit fees to
provide housing for individuals
experiencing homelessness in the
community.
This Policy Action only addresses finalization
of the City’s Zoning Code to encourage and
facilitate emergency shelters and transitional
and supportive housing. This Policy Action does
not result in direct housing or shelter
development. The City would provide
information on Temporary Use Permits to future
applicants and collaborate with local
organizations to promote applications for
transitional and supportive housing. Therefore,
this Policy Action would not result in physical
environmental impacts.
Program 7.3: Evaluate lessons
learned and options for longer-term,
holistic solutions to RVs parked in
public right of way with the
conclusion of the RV Safe Parking
Program.
This Program only evaluates and reflects upon
the end of a program. This Program does not
result in direct housing development. Rather, it
involves evaluation of the existing RV Safe
Parking Program and identification of future
programs. Therefore, this Program would not
result in physical environmental impacts.
Program 7.4: Research all available
public funding sources to address
homelessness and consider City
investment of funds in homeless
outreach and case management to
supplement the countywide system.
This Program only addresses the identification,
pursuit and use of public funds for assisting the
homeless. This Program does not result in direct
housing or shelter development. Rather, it
includes researching and reporting on available
funding opportunities to provide shelter and
other services for the homeless. Therefore, this
Program would not result in physical
environmental impacts.
Policy 7.5: Pursue expansion of
support programs for unhoused
residents by establishing partnerships
with other public agencies, private
corporations and foundations, and
non-profit service providers.
This Policy Action only addresses expansion of
supportive programs for unhoused residents
through partnership other organizations with
such initiatives. This Program does not result in
direct housing or shelter development.
Therefore, this Program would not result in
physical environmental impacts.
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Policy 7.6: Continue to support the
low barrier navigation center and
emergency shelter operated by
WeHope, a non-profit organization,
that provides an interim shelter and
supportive services for unhoused
individuals. Accommodate the special
needs of at-risk youths, households
with children, and persons with
disabilities.
This Policy Action only addresses the City’s
support of WeHope temporary and transitional
housing facilities. This Policy Action does not
result in direct or indirect housing development.
Therefore, this Policy Action would not result in
physical environmental impacts.
Objective: Reduce
overcrowding and
unsafe housing
conditions related to
housing affordability in
East Palo Alto.
Lead: Housing and
Economic
Development, Planning
Policy 7.7: Develop options for of
incentivizing deeply affordable
housing units that serve larger
household sizes, such as allowing
additional density or other relaxed
zoning regulations.
This Policy Action only includes review of the
City’s Zoning Code to identify opportunities to
encourage and facilitate development of larger
affordable housing units to meet the needs of
larger households. This Policy Action does not
result in direct housing development. Therefore,
this Policy Action would not result in physical
environmental impacts.
Policy 7.8: Continue to require
residential projects to include
Extremely Low-Income housing units
through the City’s Inclusionary
Housing Program. Encourage
production of deed-restricted ADUs
serving Extremely Low and Very
Low-Income households as an
Inclusionary Housing Alternative
Compliance option instead paying inlieu fees for fractional unit requirements.
This Policy Action includes promotion of
inclusionary ADUs by exhibiting past projects
with inclusionary ADUs and use of incentive
programs on the City’s website. This Policy
Action does not result in direct housing
development. Therefore, this Policy Action
would not result in physical environmental
impacts.
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Goal 8 Improve transparency and communication between the City and the public on housing issues.
Objective: Make the
City website, social
media, and newsletter a
reliable source of
housing information and
make parallel efforts to
reach residents through
mailers and in-person
meetings.
Lead: Housing and
Economic Development
Program 8.1:Improve and maintain
the Housing website as a primary
means of communicating the work
of the Division.Expand measures to
inform homeowners, landlords, and
tenants about available local and
County housing resources and
supportive services.
Policy 8.2: Create a budget for
mailers and non-digital outreach on
Housing workplan items at the start
of each fiscal year.
This Program/Policy only addresses the City’s
efforts to increase the accessibility and
availability of housing-related information
through increase public outreach and
engagement. This Program/Policy does not
result in direct housing development. This
Program/Policy is primarily for informational
and accessibility purposes; therefore, it would
not result in physical environmental impacts.
Objective: Incorporate
language
accessibility/language
justice into City
materials and meetings.
Leads: City Manager’s
Office, Planning,
Housing and Economic
Development
Policy 8.3: Provide translation of
materials and interpretation of City
Council, Planning Commission,
Rent Stabilization, and other City
meetings in alignment with City’s
Language Policy.
This Policy only addresses the City’s efforts to
increase the accessibility and availability of
housing-related information to non- Englishspeaking residents. This Policy does not result in direct housing development. This Policy is
primarily for informational and accessibility
purposes; therefore, it would not result in
physical environmental impacts.
Goal 9 Build City capacity for long-term housing planning and implementation of a range of Housing programs and initiatives.
Objective: Maintain
sufficient Housing
Division staff to
implement Housing
Element programs.
Policy 9.1: Regularly assess the
level of staffing or contract
assistance to ensure that sufficient
staffing is committed to implement
the 6th cycle Housing Element
policies and programs are completed
in a timely manner per the
Implementation Plan.
This Policy addresses the City’s efforts to make
progress on Housing Element goals and
programs by ensuring adequate staffing for
implementation. This Policy does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts.
Objective: Seek
efficiencies and
collaborative staffing and
resource opportunities to
simultaneously
implement the Housing
Element programs and
other Housing Division
responsibilities.
Leads: Housing and
Economic Development,
City Manager’s Office
Program 9.2: Join with other cities
in San Mateo County to share
housing staff to support longer-term
housing initiatives and programs.
This Program only addresses the City’s efforts
to reduce costs and increase efficiency of
ongoing housing initiatives and programs
through collaboration and partnerships with
other cities. This Program does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts.
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Objective: Work in close
collaboration with the
Planning Division to
more efficiently achieve
both divisions’ goals and
workplan items.
Lead: Housing and
Economic Development
Program 9.3: Collaboratively
update the City’s Development
Code to align Planning and Housing
objectives, with an emphasis on
resolving inconsistencies and
ensuring consistency with the
objectives of the City’s General
Plan.
This Program only addresses the City’s efforts
to facilitate housing development by promoting
consistency between the General Plan and
development standards. This Program does not
result in direct housing development. Therefore,
it would not result in physical environmental
impacts.
Objective: Seek
financing resources for
affordable housing
construction and
preservation.
Lead: Housing and
Economic Development
Policy 9.4: As Notices of Funding
Availability (NOFA) are issued
(typically annually), proactively
work with the City’s grant
coordinator to apply for regional,
state, and federal grants to finance
qualifying affordable housing
projects and to fund Housing
Element programs, such as housing
rehabilitation program and first-time
homebuyer program.
This Policy Action only addresses the City’s
efforts to pursue and facilitate affordable
housing development through State funding
opportunities, This Program does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts.
Objective: Monitor
Housing Element
Implementation Plan.
Lead: Housing and
Economic Development
Policy 9.5: Review the Sites
Inventory annually to assess
progress in achieving the City’s
RHNA allocation and, as needed,
consider identifying additional sites
or adjusting development policies,
programs, and priorities.
This Policy Action addresses the City’s efforts
to make progress on Housing Element goals and
programs by reviewing the Sites Inventory and
monitoring progress on goals. This Policy does
not result in direct housing development.
Therefore, it would not result in physical
environmental impacts.
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Goal 10 Amend Zoning and Other Development Regulations to Facilitate the Construction of Housing.
Objective: Require
replacement housing to
be provided for
applicable housing
developments.
Lead: Housing and
Economic Development
Policy 10.1: For applicable
development projects that will be
removing residential units, require a
replacement housing program for
lower-income households in
accordance with Government Code
65583.2(g).
This Policy Action only addresses the City’s
efforts to promote housing security by requiring
replacement housing be considered when
development projects intend to remove existing
housing units. This Policy Action does not result
in direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Objective: Update
zoning and
development standards
as needed for
Emergency Shelters.
Lead: Planning
Program 10.2: Evaluate current sites,
development standards, and approval
process and update zoning regulations
and procedures to comply with
AB139/Government Code Section
65583(a)(4)(A).
This Program only addresses the City’s efforts
to comply with State housing law. This Program
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Objective: Update
zoning as needed for
By-Right Permanent
Supportive Housing.
Lead: Planning
Program 10.3: Update zoning to
require permanent supportive housing
to be allowed by-right in residential
and mixed-use zoning districts per
Government Code 65651.
This Program only addresses the City’s efforts
to facilitate supportive housing by allowing it
by-right in residential and mixed-use zoning
districts. This Program does not result in direct
or indirect housing development. Therefore, it
would not result in physical environmental
impacts.
Objective: Update
zoning as needed for
Housing for
Farmworkers.
Lead: Planning
Program 10.4: Update zoning and the
definition of a “housekeeping unit” to
comply with the Employee Housing
Act.
This Program only addresses updating the City
Zoning Code to be consistent with State housing
law. This Program does not result in direct or
indirect housing development. Therefore, it
would not result in physical environmental
impacts.
Objective: Update
zoning as needed for
Accessory Dwelling
Units (ADU).
Lead: Planning
Program 10.5: Bring the ADU
zoning regulations into compliance
with the latest state laws, including
addressing programs and policies to
facilitate construction of ADUs in
Goal 1. Consider additional measures
to remove zoning impediments such
as relaxing side and rear yard setback
and open space standards and
facilitating conversion of unpermitted
accessory structures to ADUs.
This Program only addresses the City’s efforts
to make City regulations and policies consistent
with state laws regarding ADUs and to facilitate
ADU construction. This Program does not result
in direct or indirect housing development, as
ADUs are already allowed per city regulations.
Therefore, it would not result in physical
environmental impacts.
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Objective: Update
zoning as needed for
Residential Care
Facilities.
Lead: Planning
Program 10.6: Update zoning
regulations for residential care
facilities to comply with state law and
to reduce barriers for establishing
facilities for special needs populations
such as persons with disabilities.
This Program only addresses updating the City
Zoning Code to promote consistency with state
law and facilitate development of housing for
special needs populations. This Program does
not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Objective: Update
other zoning ordinance
regulations to comply
with latest state law
and reduce
impediments for
residential
development.
Lead: Planning
Program 10.7: Review zoning
ordinance regulations and reduce
development impediments or provide
incentives such as standards
pertaining to parking, open space,
density bonuses, and objective design
standards.
This Program only addresses updating the City
Zoning Code to promote consistency with state
law and to facilitate residential development in
the City. This Program does not result in direct
or indirect housing development. Therefore, it
would not result in physical environmental
impacts.
Objective: Adopt
update to
Ravenswood/Four
Corners Specific Plan
to include residential
uses at designated
locations.
Lead: Planning
Program 10.8: Adopt update to
Specific Plan to allow residential and
mixed-use development at designated
locations in plan area and address
provisions as noted in other Housing
Element policies/programs.
Additionally, address by-right
approval, objective design standards,
minimum residential requirements for
mixed use zoning, parking, open
space, transportation demand
management (TDM) program, and
other development standards. Further,
resolve inconsistencies between the
General Plan and current Specific
Plan.
This Program only addresses updating the
Ravenswood/Four Corners Specific Plan to
allow for more residential development in
specific locations of the plan area. Further, this
Program would review and revise specific plan
development standards concerning residential
and mixed-use development. This Program does
not result in direct or indirect housing
development beyond the effects of plan buildout
scenarios that are currently being evaluated
through review of and processing of the specific
plan. Therefore, it would not result in physical
environmental impacts.
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Packet Pg. 132 Attachment: Resolution (2575 : 2023-2031 Housing Element Adoption) 2023-2031 Housing Element
City of East Palo Alto
Draft Revised
February 2023
City of East Palo Alto Housing Element
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ACKNOWLEDGEMENTS
Mayor and City Council
Lisa Gauthier, Mayor
Antonio López, Vice Mayor
Ruben Abrica, Council Member
Carlos Romero, Council Member
Martha Barragan, Council Member
Regina Wallace-Jones, Former Council Member & Mayor
Planning Commission
Michael Mashack, Chair
Robert Sherrard
Robert Allen Fisk
Javanni Brown-Austin
Juan Méndez
Iliana Nicholas
Q. Smith
Ofelia Bello, Former Chair
East Palo Alto City Staff
Other
21 Elements
Raimi + Associates
Audrey Chau, UC Berkeley Equitable Housing Elements Graduate Student Summer Fellow Benjamin Toney, Partnership for the Bay’s Future Policy Fellow
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TABLE OF CONTENTS
1 INTRODUCTION
1.1 ROLE OF HOUSING ELEMENT
1.2 DATA SOURCES
1.3 OUTREACH AND PUBLIC PARTICIPATION PROCESS
1.4 HOW WE INCORPORATED WHAT WE HEARD INTO THE PLAN
1.5 CONSISTENCY TO OTHER CITY PLANS
2 HOUSING NEEDS ASSESSMENT
2.1 POPULATION SIZE
2.2 DEMOGRAPHIC SHIFTS
2.3 LANGUAGE
2.4 AGE
2.5 INCOME
2.6 DISPLACEMENT RISK
2.7 DRAMATIC SHIFTS IN HOUSING MARKET
2.8 EMPLOYMENT, JOBS-TO-HOUSING RATIO, AND JOBS-HOUSING FIT
2.9 UNEMPLOYMENT
2.10 “HIGH” VERSUS “LOW”-RESOURCE NEIGHBORHOODS
2.11 SPECIAL NEEDS POPULATIONS
2.12 AFFORDABLE HOUSING UNITS AT-RISK OF CONVERSION TO MARKET RATE
2.13 EAST PALO ALTO HOUSING NEEDS DATA PACKET
2.14 SAN MATEO COUNTY HOUSING NEEDS
3 HOUSING CONSTRAINTS
3.1 GOVERNMENTAL CONSTRAINTS
3.2 INFRASTRUCTURE CONSTRAINTS
3.3 NON-GOVERNMENTAL CONSTRAINTS
4 AFFIRMATIVELY FURTHERING FAIR HOUSING – AN ASSESSMENT OF FAIR HOUSING WHAT IS AFFH?
SECTION I. FAIR HOUSING ENFORCEMENT AND OUTREACH CAPACITY SECTION II. INTEGRATION AND SEGREGATION
SECTION III. ACCESS TO OPPORTUNITY
SECTION IV. DISPARATE HOUSING NEEDS
5 SITES INVENTORY ANALYSIS
5.1 OVERVIEW OF TYPES OF SITES IN THE SITES INVENTORY
5.2 ENTITLED OR APPROVED PROJECTS
5.3 PROJECTS NOT APPROVED, BUT HIGH PROBABILITY OF DEVELOPMENT
5.4 PROJECTS WITH DEVELOPMENT INTEREST
5.5 PUBLICLY OWNED SITES WITH POTENTIAL FOR DEVELOPMENT OR REDEVELOPMENT
5.6 SITES WITH NONRESIDENTIAL ZONING, BUT RESIDENTIAL DEVELOPMENT APPLICATION IN RAVENSWOOD BUSINESS DISTRICT
5.7 SITES WITH (RE)DEVELOPMENT POTENTIAL IN RAVENSWOOD BUSINESS DISTRICT
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5. 8 ACCESSORY DWELLING UNITS (ADUS)
5.9 AFFIRMATIVELY FURTHERING FAIR HOUSING CONSIDERATIONS FOR SITES INVENTORY
5.10 SITES INVENTORY PROXIMITY TO AREAS
6 POLICIES AND PROGRAMS
6.1 STRUCTURE OF RHNA 6 HOUSING ELEMENT WORKPLAN AND GUIDING PRINCIPLES
6.2 AFFIRMATIVELY FURTHERING FAIR HOUSING CONSIDERATIONS FOR POLICIES AND PROGRAMS
6.3 GOALS, POLICIES AND PROGRAMS SUMMARY
6.4 IMPLEMENTATION PLAN
7 REVIEW OF PRIOR HOUSING ELEMENT
7.1 ACCOMPLISHMENTS OF RHNA 5 HOUSING ELEMENT PERIOD
7.2 HOUSING ELEMENT PROGRESS
7.3 PROGRESS TOWARDS LOWER-INCOME RHNA 5 TARGETS
7.4 ONGOING CHALLENGES TO MEETING THE CITY’S HOUSING NEEDS
APPENDICES
APPENDIX A PUBLIC OUTREACH AND PARTICIPATION
APPENDIX B HOUSING NEEDS DATA
APPENDIX C AFFIRMATIVELY FURTHERING FAIR HOUSING
APPENDIX D SITES INVENTORY
APPENDIX E RHNA 5 HOUSING WORKPLAN PROGRESS
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1 INTRODUCTION
Housing is a basic human necessity and the need for housing is shared by all residents. People want living spaces where they feel a sense of dignity, where they can express their individuality, and wherethey can be comfortable and healthy. Safe, well-maintained housing is a basic need that transcends age, race, income, and marital status. As such, the City of East Palo Alto encourages a diversity of housing types, costs, and locations to serve the variety of needs and wants of local residents.
1.1 ROLE OF HOUSING ELEMENT
The California State Legislature has identified the attainment of a decent home and suitable living environment for every resident as the State’s major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. Section 65583 of the Government Code sets forth the specific components to be contained in a Housing Element. State law further requires Housing Elements be updated at least every eight years to reflect the changing housing needs of a community. As East Palo Alto’s Housing Element was last updated in 2015, this Update is for the planning period of 2023-2031.
The Housing Element Update consists of the following major components:
• Overview of the public participation and outreach process (Chapter 1) • Analysis of East Palo Alto’s demographic profile, housing characteristics, units at risk of conversion to market rate, and existing and future housing needs (Chapter 2). • Review of potential market, governmental, and environmental constraints to housing development(Chapter 3).
• Affirmatively furthering fair housing assessment (Chapter 4) • Evaluation of the land, financial, and organizational resources available to addressthe identified housing needs (Chapter 5).
• Housing plan to address the identified housing needs, including a statement of goals, policies, and actions (Chapter 6).
• Review of the progress and challenges in the prior Housing Element (Chapter 7)
1.2 DATA SOURCES
Various sources of information contribute to the Housing Element, including the American Community Survey (ACS) from the U.S. Census Bureau that provides the basis for population and household characteristics. In addition, several data sources were used to supplement the survey include economic and demographic
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projections by the Association of Bay Area Governments (ABAG) and population estimates by the California Department of Finance (DOF).
Housing market information is based on City surveys and property tax assessor's files, such as home sales, rents, and vacancies.
Public and non-profit agencies input on data regarding special needs groups and the services available to them or gaps in the service delivery system.
1.3 OUTREACH AND PUBLIC PARTICIPATION PROCESS
East Palo Alto has a long history of extensive community involvement, and the 2023–2031 City of East Palo Alto Housing Element is no exception. It was developed with the collaborative efforts of residents and elected/appointed officials. Several opportunities for input on the Housing Element were provided through various forums as discussed below.
21 ELEMENTS COLLABORATIVE OUTREACH
East Palo Alto partnered with other San Mateo County jurisdictions for a first-of-its-kind countywide outreach effort, through an award-winning collaboration called 21 Elements. 21 Elements facilitated several panel presentations and discussion with advocates representing people with special needs, affordable housing developers and advocates, and funders. The panelists discussed their perspective on the unique housing needs of San Mateo County, and provided some policy suggestions.
HOUSING ELEMENT SPECIFIC OUTREACH
To accomplish the City’s goal of developing a Housing Element that reflects the vision of the people who make it special, the City of East Palo Alto developed a broad and diverse outreach plan designed to reach as many community members who live and work here as possible. A summary of public participation and community outreach activities and key takeaways are included here.
The City’s outreach goals were as follows:
• Reduce barriers to access to ensure a robust community participation process that is representative of the full range of demographics, perspectives, and experiences in East Palo Alto • Build a level of transparency in the update process to ensure successful support and implementation after adoption
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• Raise awareness among residents of the importance of the Housing Element update on shaping the future of our community
Given the inability to hold in-person events due to the COVID-19 pandemic, the City developed different community outreach and engagement strategies, including virtual meetings, digital tools, and safe in-person interactions to ensure that community members who do not have access to technology were still able to participate and provide their input. The City also proactively engaged residents for whom English is not spoken at home, families that would need childcare in order to participate and engage in conversations, and renters living in multi-family and in single-family housing with little access to public transportation.
For many years, the community has participated and engaged in conversations about affordable housing, tenant rights, displacement and fair housing. In addition to conversations focused on the Housing Element, the City’s efforts to establish sustainable funding sources for affordable housing production and homelessness prevention, to discuss the Ravenswood Business District/Four Corners Specific Area Plan, develop an affordable housing workplan, among many other initiatives, have provided opportunities for many additional collaborative outreach activities.
For other outreach work, we partnered with 21 Elements. Specific activities are summarized below:
Social Media and Printed Mailing. The City of East Palo Alto launched a Housing Element Update webpage, and conducted extensive social media outreach beginning March 2021. Physical mailers were sent City-wide in April 2022.
We also participated in and helped shape the Let’s Talk Housing initiative. City staff and consultants developed a countywide website available in five languages, a City webpage detailing our timeline, engagement activities, and resources that also linked to our City website, videos about the process in several languages, and a social media presence. As of February 2022, the website had been visited more than 17,000 times, with more than 20% from mobile devices.
Email Alerts. We sent alerts and updates via the City’s City-wide weekly newsletter and created a Housing Element Update mailing list where residents interested in the Housing Element process received updates on upcoming community meetings or ways to participate in the Housing Element Update.
Community Meetings: The City organized three public Housing Element community meetings and presented at 9 public commission/council meetings. These include:
o Planning Commission Informational Update 05/10/21 (virtual) o Community Meeting about Outreach Strategies 06/02/21 (virtual)
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o Community Meeting #1 07/19/21 (virtual)
o Community Meeting #2 02/24/22 (virtual)
o Planning Commission Meeting 03/14/22 (virtual)
o City Council Meeting 03/15/22 (virtual)
o Planning Commission and City Council Joint Study Session 04/26/22 (virtual) o Community Meeting #3 05/05/22 (hybrid meeting in-person and virtual) o Planning Commission Meeting 07/11/22 (virtual)
o City Council Meeting 07/19/22 (virtual)
o Planning Commission Meeting 01/23/23 (virtual)
o Planning Commission Hearing 02/09/23 (virtual)
o City Council Hearing 02/21/23 (hybrid)
The City also participated in several meetings and webinars in partnership with 21 Elements, including:
▪ Let’s Talk Housing - Introduction to the Housing Element – A housing element overview with breakout discussion rooms that was part of a series of introductory meetings attended by one community member and two East Palo Alto stakeholders and over 1,000 community members countywide.
o 03/25/21 (Joint with Millbrae, Burlingame, Hillsborough and San Mateo); continued on 05/06/21 due to technological issues
o 07/26/21 (Virtual countywide meeting about the Housing Element update in Spanish) ▪ All About RHNA webinar – An in-depth dive into sites methodology. (4/23/21 - countywide) ▪ Stakeholder Listening Sessions – Four virtual meetings where jurisdictions could listen to and interact with stakeholder groups arranged by topic. More than 30 groups participated. o Fair Housing 09/27/21
o Housing Advocates 10/18/21
o Builders 10/01/21
o Service Providers 11/15/21
▪ Creating an Affordable Future webinars – A four-part series to help educate community members about local housing issues.
▪ Equity Focus Group Presentation – The City also conducted a virtual focus group presentation with the San Mateo County Equity Advisory Group on 05/02/22 to ensure outreach was set up to meet people where they were at as much as possible.
Surveys: City staff conducted three online surveys, an in-person intercept survey at pop-up Farmer’s Markets, and a Balancing Act survey with sites inventory-specific questions. These efforts included:
o Online Surveys 02/24/22 to 07/15/22
o Balancing Act Survey 05/25/22 to 07/15/22
o Intercept Survey at East Palo Alto Farmer’s Market 06/08/22 o Intercept Survey at East Palo Alto Farmer’s Market 06/15/22
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WHAT WE ACCOMPLISHED
It is more important than ever to include as many voices as possible in the Housing Element. Housing Elements at their best can provide an opportunity for everyone to add their voice to the conversation. However, many people are too often left out of the process. Renters, workers, young families, youth, people of color, immigrants, refugees, non-English speakers, and people with disabilities are often unable to participate in outreach activities when scheduled, don’t know how to get involved, or don’t trust the process. Our goal was to change that. Specifically, we:
▪ Ensured foreign language translation and interpretation was included in our meetings and materials1
▪ Designed a website that was mobile friendly, with accessibility features and available in multiple languages. (Lower income residents, young adults and people of color are more likely to use their phones)
▪ Formed an Equity Advisory Group consisting of 18 organizations across San Mateo County that provided feedback on outreach and materials, and shared information about the Housing Element Update and how to participate in the process with the communities they serve ▪ Held meetings in partnership with community organizations (including an Introductory meeting in Spanish with English interpretation focusing on community outreach strategies) ▪ Developed an Affirmatively Furthering Fair Housing survey The following is more a detailed description of the City’s engagement efforts to hear from as many community members as possible. Appendices C and E provide more details.
1. Website and Social Media
As a starting point for accomplishing extensive outreach, the City of East Palo Alto developed a clear online presence with all the information needed to understand the update process and know how to participate. • City of East Palo Alto Website and Social Media
The City launched a Housing Element Update webpage on its City website in March 2021, where community members can find the latest updates on the Housing Element Update and a list of upcoming community meetings. The City webpage also provides links to previous commission/council reports and recordings to community meetings and public meetings. The City 1 The City provided translation of materials and interpretation of public meetings in Spanish. The City is currently working on a language access plan to identify additional translation and interpretation needs in the community.
This may include translation and interpretation to Tongan and Samoan, which are the next most spoken languages in the City. According to the 2019 American Community Survey 5-Year Estimates, approximately 8.3% of East Palo Alto households speak Asian and Pacific Island languages, and 11.7% of East Palo Alto households who speak Asian and Pacific Island languages are limited English speaking households.
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also provided updates and invitations to community meetings on social media. All outreach communications were conducted in English and Spanish. Appendix A1 provides an overview of the webpage outreach performance and Appendix A2 provides an overview of the social media outreach performance.
• Let’s Talk Housing Website and East Palo Alto Webpage To reach a broader audience and supplement the City webpage, we launched the Let’s Talk Housing website with 21 Elements in March 2021. Our goal was to clearly explain what a housing element is, why it matters, and how to get involved. It was made available in Arabic, Chinese, English, Spanish and Tagalog, designed to be responsive on all types of devices and included accessibility features. As part of this effort, we also developed an East Palo Alto webpage with our timeline, engagement activities like surveys and housing balancing exercises, and resources that also linked to our City website. As of January 2022, the Let’s Talk Housing website has been viewed more than 17,000 times, with more than 20 percent occurring from mobile devices. Let’s Talk Housing Facebook, Instagram, Twitter and YouTube accounts were also created and maintained to keep people informed about upcoming or past event.
• Informational Videos on the Housing Element Update
After completing a series of introductory Meetings to the Housing Element Update (see below), we supported 21 Elements in developing shorter 4-minute snippets to ensure information was more accessible and less onerous than watching an hour-long meeting. Two videos were produced–What is a Housing Element and How it Works and Countywide Trends and Why Housing Elements Matter– in Arabic, Chinese, English, Spanish, and Tagalog. They were made available on the Let’s Talk Housing YouTube channel and website and shared on social media.
2. Email Alerts
The City sent updates about the Housing Element process via the City’s City-wide weekly newsletter, which updates residents on any upcoming City meetings and programs. The City also created a Housing Element Update mailing list to provide updates. Appendix A3 provides an overview of these email alerts.
3. Public Meetings and Hearings
The City of East Palo Alto held and participated in a variety of virtual and in-person meetings to inform the public about the Housing Element and hear what matters to the community. • Countywide Introductory Meeting to the Housing Element Update The City of East Palo Alto helped develop and facilitate a 90-minute virtual countywide meeting about the Housing Element update. Held on March 30, 2021, and continued May 6, 2021, due to technological issues, the meeting provided community members with an introduction to the Housing
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Element update, why it matters, information on the Let’s Talk Housing outreach effort, and countywide trends. The City of East Palo Alto staff then facilitated a breakout room discussion with community members on housing needs, concerns, and opportunities, and answered any questions. A poll was given during the meeting, to identify who was joining us and more importantly who was missing from the conversation, including if they rent or own, who they live with, their age, and ethnicity. Time for questions was allotted throughout, and meeting surveys were provided to all participants after the meeting along with all discussed resources and links. Appendix A5 summarizes this countywide meeting.
In total six introductory meetings were held across the county between March and May 2021, and 1,024 registered for the series. Of those who registered, the majority identified as White (66%) or Asian (15%) and were 50 years or older; nearly half were 50 to 69 years old and almost a fifth were over 70. Almost half had lived over 21 years in their homes and three-fourths owned their homes. One East Palo Alto resident and fourteen other stakeholders participated in the East Palo Alto breakout group. A meeting summary can be found in Appendix A4.
On July 26th, the City of East Palo Alto joined a virtual countywide meeting about the Housing Element update in Spanish, hosted by El Comité, a trusted community organization. English interpretation was provided for non-Spanish speaking staff to participate in the conversation. In total, 57 people participated. A recording of this meeting was made available after and can be viewed here. • All About RHNA Webinar
The City of East Palo Alto joined a webinar with 21 Elements in April 2021 to provide information and answer community questions about the Regional Housing Needs Allocation (RHNA) process. 264 people registered and 80 questions were answered over three hours. The recording of this meeting and the FAQ can be found here.
• Community Meetings
▪ Outreach Strategies Community Meeting: The City conducted a community meeting virtually on June 2, 2021, that focused on outreach strategies. ▪ Housing Element Update Community Meeting #1: The City conducted its first City-specific community meeting virtually on July 19, 2021, which provided introductory information on the Housing Element Update and sought community input. Spanish interpretation was available. A recording of this meeting was made available after and can be viewed here. ▪ Housing Element Update Community Meeting #2: The City conducted a second community meeting virtually on February 24, 2022, which provided introductory information and sought input on RHNA, policies and programs, and environmental constraints. Spanish interpretation was available. A recording of this meeting was made available after and can be viewed here in English and here in Spanish.
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▪ Housing Element Update Community Meeting #3: The City conducted a third community meeting and first hybrid meeting (held both in-person and virtually) on May 5, 2022. Spanish and Tongan interpretation were available both in-person and on Zoom. The meeting also had childcare, free food, and a free shuttle bus. The meeting provided introductory information and sought input on policies and programs and sites inventory. A recording of this meeting was made available after and can be viewed in both English and Spanish here. Due to technological issues, we were unable to record the Tongan interpretation. • Public Meetings and Hearings
o May 10, 2021, Brief Informational Update on the Housing Element to the Planning Commission
o March 14, 2022, Update on 2021 Housing Element and General Plan Annual Progress Report
o March 15, 2022, City Council Authorization to Submit 2021 Housing Element Annual Progress Report, 2021 General Plan Annual Progress Report, and Housing Successor Agency Report to State Agencies
o April 26, 2022, Joint study session with Planning Commission and City Council o July 11, 2022, Planning Commission update
o July 19, 2022, City Council update
o January 23, 2023 Planning Commission meeting
o February 9, 2023 Planning Commission hearing
o February 21, 2023 City Council hearing
• Stakeholder Listening Session Series
The City of East Palo Alto joined 21 Elements for a facilitated series of listening sessions held between September and November 2021 to hear from various stakeholders who operate countywide or across multiple jurisdictions. The four sessions convened more than 30 groups including fair housing organizations, housing advocates, builders/developers (affordable and market-rate), and service providers, to provide observations on housing needs and input for policy consideration.
Summaries for each session can be found here. Key themes and stakeholder groups included:
▪ Fair Housing: Concern for the end of the eviction moratorium, the importance of transitoriented affordable housing and anti-displacement policies, and the need for education around accessibility regulations and tenant protections. 8 stakeholder groups provided this feedback, including the following:
o Center for Independence www.cidsanmateo.org
o Community Legal Services of East Palo Alto (CLSEPA) www.clsepa.org
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o Housing Equality Law Project www.housingequality.org
o Legal Aid for San Mateo County www.legalaidsmc.org
o Project Sentinel www.housing.org
o Housing Choices www.housingchoices.org
o Public Interest Law Project www.pilpca.org
o Root Policy Research www.rootpolicy.com
▪ Housing Advocates: Concern for rent increases and the need for ongoing outreach to underserved and diverse communities, workforce housing, deeply affordable and dense infill, and tenant protections for the most vulnerable. 6 stakeholder groups provided this feedback, including the following:
o Housing Leadership Council www.hlcsmc.org
o Faith in Action www.faithinactionba.org
o Greenbelt Alliance www.greenbelt.org
o San Mateo County Central Labor Council www.sanmateolaborcouncil.org o Peninsula for Everyone www.peninsulaforeveryone.org
o San Mateo County Association of Realtors www.samcar.org ▪ Builders and Developers: Local funding, tax credit availability, and concern that appropriate sites limit affordable housing while sites, construction costs, and City processes limit marketrate housing. 12 stakeholder groups provided this feedback, including the following:
o Affirmed Housing (Affordable) www.affirmedhousing.com o BRIDGE Housing (Affordable) www.bridgehousing.com
o The Core Companies (Affordable, Market Rate) www.thecorecompanies.com o Eden Housing (Affordable) www.edenhousing.org
o Greystar (Market Rate) www.greystar.com
o Habitat for Humanity (Affordable) www.habitatsf.org
o HIP Housing (Affordable) www.hiphousing.org
o Mercy Housing (Affordable) www.mercyhousing.org
o MidPen Housing (Affordable) www.midpen-housing.org
o Sand Hill Property Company (Affordable, Market Rate) www.shpco.com o Sares | Regis (Market Rate) www.srgnc.com
o Summerhill Apartment Communities (Market Rate) www.shapartments.com ▪ Service Providers: More affordable housing and vouchers or subsidies for market-rate housing are needed, along with on-site services and housing near transit, and jurisdictions should work with providers and people experiencing issues before creating programs. 10 stakeholder groups provided this feedback, including the following:
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o Abode Services www.adobeservices.org
o Daly City Partnership www.dcpartnership.org
o El Concilio www.elconcilio.org
o HIP Housing www.hiphousing.org
o LifeMoves www.lifemoves.org
o Mental Health Association of San Mateo County www.mhasmc.org o National Alliance on Mental Illness www.namisanmateo.org o Ombudsman of San Mateo County www.ossmc.org
o Samaritan House San Mateo www.samaritanhousesanmateo.org o Youth Leadership Institute www.yil.org
• Creating an Affordable Future Webinar Series
The City of East Palo Alto and 21 Elements offered a 4-part countywide webinar series in the fall of 2021 to help educate community members about local housing issues. The sessions were advertised and offered in Cantonese, Mandarin and Spanish, though participation in non-English channels was limited. All meetings and materials can be found here. The following topics, and how each intersects with regional housing challenges and opportunities, were explored:
▪ Why Affordability Matters: Why housing affordability matters to public health, community fabric and to county residents, families, workers and employers. ▪ Housing and Racial Equity: Why and how our communities have become segregated by race, why it is a problem and how it has become embedded in our policies and systems. ▪ Housing in a Climate of Change: What is the connection between housing policy and climate change and a walk through the Housing & Climate Readiness Toolkit. ▪ Putting it All Together for a Better Future: How design and planning for much-needed new infill housing can be an opportunity to address existing challenges in our communities.
The series included speaker presentations, audience Q&A, breakout sessions for connection, and debrief discussions. Participants were eager to discuss and learn more about housing challenges in their community. They asked questions and commented in the chat and shared their thoughts in a postevent survey. Overall, comments were mostly positive and in favor of more housing, though some were focused on the need for new affordable housing. There was a lot of interest in seeing more housing built (especially housing that is affordable), concern about change or impact to schools, parking, and quality of life, and personal struggles with finding housing that is affordable and accessible shared. Some participants wanted more in-depth education and discussion of next steps, while others had more basic questions they wanted answered.
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In total, 754 registered for the series. Of those who shared, the majority identified as White (55%) or Asian (24%) and ranged between 30 and 70 years old. Over half have lived in the county for over 21 years and nearly two-thirds owned their homes. For more information, see the Summary here.
4. Other Outreach Activities
The City of East Palo Alto set out to collect as much feedback as possible from the community, from their general concerns and ideas to where new housing could go. It was also important to us to consider community outreach best practices and consult and partner with organizations working in the community, to ensure we were reaching as many people as possible and doing so thoughtfully. Appendix A6 provides an overview of the survey results.
• Jamboard Survey
An online whiteboard where community members can provide their input on what types of housing they want to see, what locations/sites they want to see explored, what environmental issues bring them the most concern, and what environmental considerations should we have when zoning for new housing. See the survey here.
• Policies and Programs Survey
A survey to hear residents’ thoughts on how we are doing with our housing policies and programs, which policies we should keep, and which new policies we should consider prioritizing for the next 8 years. See the survey in English here and in Spanish here.
• East Palo Alto Balancing Act Survey
The Balancing Act is a housing simulation tool where residents may provide their input on the location of potential housing sites to be included in the 2023-2031 Housing Element. This simulation tool is a great way for residents to explore the location of housing sites and the number of potential housing units on those identified sites. See the Balancing Act page here. • Intercept Survey
Intercept surveys on housing inventory and density were also conducted at two of the East Palo Alto Farmer’s Markets. This in-person survey helped reach Spanish-speaking residents and lower-income residents who may not necessarily be active in public meetings. • Equity Advisory Group
In alignment with community outreach best practices, it was important to include the guidance of and foster partnerships with community organizations to help ensure everyone’s voices were heard during the Housing Element update. In response, an Equity Advisory Group (EAG) was formed consisting of 15 organizations or leaders across the county that are advancing equity and affordable housing. A stipend of
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$1,500 was originally provided for meeting four to five times over 12 months to advise on Housing Element outreach and helping get the word out to the communities they work with.
After meeting twice in 2021, it was decided the best use of the EAG moving forward would be to provide more focused support in 2022 based on jurisdiction need and organization expertise. To date, EAG members have facilitated and hosted community meetings in partnership with 21 Elements, collected community housing stories to put a face to housing needs, advised on messaging, and amplified events and activities to their communities. The EAG continue to work collaboratively with jurisdictions and deepen partnerships, as well as connect community members to the Housing Element Update process. All participating organizations are featured on the Let’s Talk Housing website and include the following:
o Ayudando Lations A Soñar (ALAS) www.alasdreams.com
o Community Legal Services www.clsepa.org
o El Comité de Vecinos del Lado Oeste (El Comité)
www.tenantstogether.org/resources/el-comité-de-vecinos-del-lado-oeste-east-palo-alto o East Palo Alto Community Alliance and Neighborhood Development Organization (EPA CAN DO) www.epacando.org
o Faith in Action www.faithinaction.org/federation/faith-in-action-bay-area/ o Housing Choices www.housingchoices.org
o Housing Leadership Council www.hlcsmc.org
o Menlo Together www.menlotogether.org
o Nuestra Casa www.nuestracasa.org
o One San Mateo www.onesanmateo.org
o Peninsula for Everyone www.peninsulaforeveryone.org
o Puente de la Costa Sur www.mypuente.org
o San Mateo County Health www.gethealthysmc.org
o Youth Leadership Institute www.yli.org/region/san-mateo o Youth United for Community Action www.youthunited.net • Affirmatively Furthering Fair Housing Survey
A Fair Housing Assessment was conducted for all San Mateo County jurisdictions and had a statistically significant number of East Palo Alto residents participate (53 East Palo Alto residents total). Some primary findings in the Fair Housing Assessment include:
▪ Hispanic/Latinx & Black/African American households have a high-cost burden ▪ The entire city is considered vulnerable to displacement. ▪ There is a lack of sidewalks, good street lighting and walkability in some neighborhoods ▪ East Palo Alto has high rates of fair housing discrimination
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▪ Applicants for mortgage face high rates of denial, highest for Black/African American and Hispanic/Latinx applicants
▪ East Palo Alto has a higher portion of children than county going to lower-performing schools The Affirmatively Furthering Fair Housing Chapter provides an overview of the survey results. In addition, Appendix A7 shows the Equity Advisory Group’s recommendations as a minimum to Affirmatively Furthering Fair Housing.
• Public Review Period
The City released the draft Housing Element for the 30-day public review period from August 29, 2022 to October 3, 2022. During this time, the City received comment letters from 18 individuals. Common themes in the comments submitted include:
▪ Language Access: Need for Spanish and Tongan translation, as well as easier to understand language and broken-down abbreviations.
▪ Process Timelines: Need for development streamlining and shorter process timelines. ▪ ADU Streamlining: Need for ADU incentives and streamlining. ▪ Water Infrastructure: Need for water infrastructure in new development sites. ▪ Housing affordability: Need to target development of lower-income housing. ▪ Homeownership opportunities: Need for affordable homeownership programs.
Appendix A8 provides an overview of comments submitted during this public review periods. Table A8.A in Appendix A8.A summarizes comments and City responses to the public comments submitted between August-October 2022.
On January 17, 2023, the City released a second revised draft of the Housing Element, and on February 6, 2023, the City released a third revised draft of the Housing Element for a 7-day public review period.
Table A8.B in Appendix A8 summarizes City responses to the public comments submitted between January – February 2023.
1.4 HOW WE INCORPORATED WHAT WE HEARD INTO THE PLAN
Comments from community workshops and correspondence received during the update process have helped to identify housing needs and issues of concern in the community and possible strategies for the City to pursue in addressing housing needs. Feedback and insights from people who face the greatest barriers to participation, including tenants, non-English speakers, and lower-income residents helped to highlight new policy opportunities and ways to strengthen and improve existing policies. There was an
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overarching need and appetite for more housing affordability and availability. In addition, themes such as investing in infrastructure and anti-displacement measures and addressing climate change helped inform policies in the Housing Element Update.
KEY TAKEAWAYS
Below is a summary of key takeaways that emerged throughout the outreach process. • Need for affordable rents – The community is very concerned about promoting more affordable housing, particularly in light of rapid increases in prices in East Palo Alto. They want the Rent Stabilization and renter protection ordinances protected. • More housing overall is needed: Generally, people believe we need more housing, particularly affordable housing. However, there are diverging views on how to accomplish this, where housing should go, and what it should look like.
• Housing protection, preservation, and production are top priorities: The community is very concerned about addressing the rapid displacement in East Palo Alto. They want tenant rent relief and protections, housing preservation and housing production. They also felt that developers should be eligible for incentives and opportunities that make them more competitive. • Overcrowding is an issue: Because prices are so high, many residents are forced to share apartments. This causes overcrowding and associated problems. • Need for improved living conditions: Many residents had concerns about the condition of their apartments. They feel they are not being maintained at an acceptable level. • The price of housing is a major concern: Many voiced concerns about the high cost to rent or buy a home today, either for themselves, friends, or family. It is an issue that touches a lot of lives. • Housing is personal: People often have differing views on housing because it is a very personal issue tied to feelings of safety, belonging and identify. Often the comments reflected people’s current housing situation. Those with safe, stable housing that they can afford were more concerned with street and infrastructure conditions, and the value of homes. Those without were more interested in bolder policies that support tenants and more housing generally. Many people shared meaningful stories of being priced out of their communities or of their children not being able to live in the community where they grew up. Click here for a sample story.
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• Single-family neighborhoods are polarizing: While some people voiced their interest in upzoning single-family neighborhoods or eliminating them altogether, other homeowners want to protect them and in turn, the investment they have made.
• The process is too complicated: There was significant concern that the development process was too slow and there was too much uncertainty.
• Better information resources: People wanted to know how to find affordable housing in their communities and navigate the process of applying for it. • Issues are connected: Transportation, climate change, access to living wage jobs and education opportunities are all tied to housing and quality of life. These issues are not siloed in people’s lives and there is a desire to address them in interconnected ways. • Equity is on people’s minds: People want to talk about housing inequities and, even more so, discuss how to solve them. There was interest in ways to create new opportunities for housing and asset building for all that also address past exclusions. • Regional input matters but there’s more to figure out: It was valuable to build a broader sense of community and share resources at the countywide level. However, it was challenging to engage nonresident community members on jurisdiction-specific input. • Diversity in participation was a challenge: Despite partnering with organizations to engage with the hardest to reach communities and providing multilingual outreach, achieving diversity in participation was challenging. In the wake of Covid-19, organizations already operating on limited resources were focused on supporting immediate needs, while the added stresses of life coupled with the digital divide added additional barriers for many.
• Governmental constraints create challenges. Water and sewer infrastructure constraints have historically been a barrier for development In addition, City policies and programs that affirmatively further fair housing help address displacement and gentrification, but create additional costs to developers.
INCORPORATION INTO THE HOUSING ELEMENT
The following is a summary list of topics that were added or improved as a result of that community and stakeholder feedback.
• Theme: Environmental Constraints
o Use environmental “overlay” to avoid housing in at-risk areas
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o Resolve issues with the East Palo Alto Sanitary District (EPASD) to improve sanitary sewer infrastructure
• Theme: Incentives for affordable housing development
o Implementation of state affordable housing overlay incentives • Theme: Encouraging smaller-scale, “missing middle” housing like duplexes/triplexes and (marketrate) ADUs o Streamlining
o Fee reductions
o Outreach targeting smaller developers
• Theme: ADUs as lower-income affordable housing
o Amnesty and legalization of unpermitted second units
o Public/private partnerships to fund rehab/repairs
o Additional loan programs to build deed restricted affordable ADUs • Theme: Promote homeownership opportunities
o Leverage all available federal funding support for down payment and first-time homebuyer assistance
o Advocate for these programs at regional level
• Theme: Need for anti-displacement
o Jobs-housing linkage that links production of commercial office space to affordable housing production
o Strengthen housing replacement requirements
o Preservation/rehabilitation
o Exploring establishment of cooperatives/community ownership of housing • Theme: Need for infrastructure improvements
o Seeking funding from the private sector to add neighborhood improvements communities that have the greatest needs and establishing a land banking program with that funding The following is an overview of the rationale behind some of the policies and programs recommended.
Policy or Program Rationale
Overlay for nonprofit-owned
properties of a certain size that
commit to building 100%
affordable housing
Some nonprofit property owners, such as faith communities, own sufficiently large (and “underutilized”) parcels to build affordable housing and have interest in serving community need. With an overlay, the City may reduce costs by allowing projects of a certain scale. Exploration of an affordable housing overlay zone has been removed given the City is committed to implementing state affordable housing incentives and state legislation that facilitates the approval of residential projects.
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City-level streamlining for SB 9
projects
SB 9 facilitates multiple units on parcels zoned single family.
Duplexes, triplexes, and ADUs can help to add “missing middle” units to the housing stock.
Encouraging ADU production ADUs address the “missing middle” problem and allow for additional units on a variety of parcels. The City has made ADUs a priority since 2018 and may wish to update this strategy as a Housing Element “program” to support the City’s development project of
ADU production over the next 8 years.
Temporary Use Permit for temporary
housing for unhoused individuals
City Council directed staff to develop a “Master Temporary Use Permit (TUP)” process as described in the April 5, 2022, staff report.
Facilitating temporary housing for unhoused individuals helps to address the needs of special populations, as required in the Housing Element.
Requiring minimum residential
density on Sites Inventory/Housing
Opportunity sites in the Ravenswood
Business District
Different uses are allowed in the Ravenswood Business District (RBD). Allowing residential as one of multiple uses, e.g., office or R&D, does not guarantee that affordable housing units will be built on a parcel. Therefore, minimum residential density requirements on Sites Inventory/Housing Opportunity sites are needed to encourage development of housing in the RBD, especially affordable housing opportunities (such as density bonus law) that typically align with higher density requirements and make it cheaper to build more units.
Waiving fees for affordable projects Analysis by 21 Elements partner firm EcoNorthwest found that waiving some fees for affordable projects would increase market feasibility for affordable units citywide, in many cases more than upzoning certain parcels
Reduced parking for affordable
projects
Analysis by 21 Elements partner firm EcoNorthwest found that reducing parking requirements for affordable projects would increase market feasibility for affordable units citywide, in many cases more than upzoning certain parcels.
1.5 CONSISTENCY TO OTHER CITY PLANS
The Housing Element update is a required Element of the City of East Palo Alto General Plan, which was updated in 2016. The changes proposed by this Housing Element update were reviewed against the General Plan, Vista 2035, and found to be consistent. Additionally, while the Housing Element is not currently consistent with the Ravenswood Business District/Four Corners transit-oriented development Specific Plan (RBD), this plan is also undergoing a targeted update by December 2023. The proposed housing sites, policies and programs, and any other aspects of the Housing Element update that are related to the RBD —including the rezoning program planned for 2023—will be consistent with the final updated Specific Plan.
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2 HOUSING NEEDS ASSESSMENT
The Housing Needs Assessment consists primarily of data provided by the Association of Bay Area Governments/Metropolitan Transportation Commission in partnership with 21 Elements in preparation for the Housing Element. Each jurisdiction received a “data packet” prepared to specifically address each of the statutorily required data points. These data help to describe the state of housing in East Palo Alto and to provide a basis for planning for development over this eight-year planning period. The City supplemented these data with research and analysis provided by Esri Business Analyst in a 2020 housing needs report.
Several highlights from this extensive data compilation have been incorporated into the community meetings and outreach referenced in other sections of this Housing Element and have directly informed the Policies & Programs section. These include:
2.1 POPULATION SIZE
East Palo Alto’s population has been growing, but less than the Bay Area region overall with 4.4% growth in the City from 2000 to 2020, compared to 9% for the county and 15% for the Bay Area. This increase throughout the region is mostly due to natural growth (births minus deaths) and our strong economy drawing new residents to the region.
2.2 DEMOGRAPHIC SHIFTS
The majority of East Palo Alto is made up of people of color, including Latinx (60% vs. 24% in the county), Black/African American (11% vs. 3% in the county), and Asian and Pacific Islander (6% vs. 1% in the county), while a smaller share of the population is non-Hispanic White (14 percent vs. 37% in the county). 2 This is a far
larger proportion of people of color, particularly Latinx, African American, and Pacific Islander, than the rest of San Mateo County.
Since 2000, the percentage of residents in East Palo Alto identifying as non-Hispanic White has increased, and the percentage of residents of all other races and ethnicities has decreased, by 3.4 percentage points. The largest absolute increase in residents identified as Latinx, while the largest absolute decrease in residents identified as Black/African American. The figure below shows the snapshot of race and ethnicity in East Palo Alto and San Mateo County in 2020.
2 U.S. Census, 2022.
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Sources: Esri Business Analyst, 2019; U.S. Census Bureau, 203-2017 American Community Survey; BAE Urban Economics, 2019.
These racial and ethnic demographic composition throughout the City is similar to that of the neighboring Bell Haven neighborhood of Menlo Park, and starkly different from the neighboring city of Palo Alto and the rest of Menlo Park. These similarities and differences may be attribable to the history of redlining and segregation in the region, where the Bell Haven neighborhood in Menlo Park and East Palo Alto, as well as other neighborhoods east of Highway 101 and unincorporated areas in the county (e.g. North Fair Oaks) experienced segregation, redlining, predatory lending, and resource deprivation.
Due to this history, racial and ethnic minatory populations generally have higher rates of poverty and lower household incomes compared to non-Hispanic White populations in East Palo Alto and the region. Cities like Redwood City, San Mateo, San Bruno, South San Francisco, and Daly City are ethnically diverse and have block group concentrations that are greater than 60 percent non-White populations. East Palo Alto differs drastically to its neighboring cities (Menlo Park, Palo Alto, and Atherton), which are predominately White majority tracts.
The following maps show the spatial distribution of different racial/ethnic groups as reported to the U.S.
Census.
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Hispanic/Latinx Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
The City of East Palo Alto is currently a majority Hispanic/Latinx community. A high concentration of Hispanic/Latinx residents live on the Westside (west of Highway 101) in multi-family dwellings, and in specific single-family home neighborhoods in the eastside of the City. The surrounding Belle Haven neighborhood in Menlo Park has a similar concentration, while the surrounding Palo Alto neighborhood has a fewer than 20% Hispanic/Latinx population.
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Black/African American Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
East Palo Alto used to be a predominately Black/African American community, but due to gentrification and displacement pressures, only a few Black/African American residents now live primarily in single family home neighborhoods throughout the City (on the eastside of Highway 101), and fewer live in multi-family neighborhoods on the westside of Highway 101. The surrounding neighborhoods in Menlo Park and Palo Alto experience more low concentrations.
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Pacific Islander/Native Hawaiian Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
The City has the largest share of Pacific Islander/Native Hawaiian population in San Mateo County. A large portion of Pacific Islander/Native Hawaiian residents live in single-family home neighborhoods throughout the northeast side of Highway 101. The surrounding Belle Haven neighborhood in Menlo Park has a similar concentration, while the surrounding Palo Alto neighborhood has a lower concentration except for one parcel.
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American Indian/Alaska Native Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
The City has a small share of the American Indian/Alaska Native population concentrated in a mixed multifamily home and single-family home neighborhood in the northern part of the City, south of Bay Road.
Surrounding neighborhoods in Menlo Park and Palo Alto have similar low concentrations.
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Asian Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
The City has a concentrated share of the Asian population in its mobile home park neighborhood (Palo Mobile Estates recently underwent condominium conversion), and a smaller share in surrounding newer single-family home neighborhoods (built in the early 2000’s). Surrounding neighborhoods in Menlo Park and Palo Alto have higher concentrations.
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White Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
East Palo Alto has a smaller share of the White population than in the region. A larger portion of White residents live in the newer single-family home and townhome neighborhoods on the southeast side of Highway 101.
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Mixed Race/Other Race Population (2020)
Source: ACS Table B03002, 2016-2020 5-Year Estimate.
A higher concentration of Mixed-Race or Other Race population lives in the Palo Mobile Estates mobile home park of East Palo Alto (which recently underwent condominium conversion). Surrounding neighborhoods in Menlo Park and Palo Alto have low to medium concentrations.
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2.3 LANGUAGE
Language access can play a major role in determining who can participate in the City’s housing policy and development decision-making process. Over two thirds of East Palo Alto’s population speak a language other than English at home.
The language most spoken other than English is Spanish, with over 51.5% of households who speak Spanish and 19.2% of households who speak Spanish with limited English.
East Palo Alto has a large Tongan and Samoan population compared to the region, and the next most spoken languages are Tongan, Samoan, or some other Asian or Pacific Islander language. According to the 2019 American Community Survey 5-Year Estimates, an estimated 8.3% of East Palo Alto households speak Asian and Pacific Island languages, and 11.7% of East Palo Alto households who speak Asian and Pacific Island languages are limited English speaking households.
About 5.8% of East Palo Alto households speak Other Indo-European languages, and 3.6% who speak Other Indo-European languages are limited English-speaking households.
These language breakdowns are similar to the neighboring Bell Haven neighborhood of Menlo Park, and starkly different from the neighboring city of Palo Alto. These similarities and differences may be attribable to the history of redlining and segregation in these neighboring cities.
The following maps show the distribution in East Palo Alto by language groups and limited English households. [Intentionally Left Blank]
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Spanish Speaking Households (2019) Spanish Speaking Households with Limited English (2019) Source: ACS Table S1602, 2015-2019 5-Year Estimate.
Most East Palo Alto census block groups have over 40% of Spanish-speaking households, with two block groups that have over 65% of the households speaking Spanish and two census blocks that have over 20% of the households speaking Spanish with limited English.
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Asian or Pacific Island-Speaking Households (2019) Asian or Pacific Island-Speaking Households with Limited English (2019) Source: ACS Table S1602, 2015-2019 5-Year Estimate.
Three East Palo Alto census block groups have between 1.5% and 10% of the households speaking Tongan, Samoan or some other Asian or Pacific Islander language with limited English.
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Other Indo-European-Speaking Households (2019) Other Indo-European-Speaking Households with Limited English (2019) Source: ACS Table S1602, 2015-2019 5-Year Estimate.
Two East Palo Alto census block groups have between 0.7% and 2% of households speaking Other IndoEuropean languages with limited English.
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2.4 AGE
East Palo Alto is a relatively “young” City, especially in comparison to surrounding cities, with 28.3% of the population under age 18 and 49% of the population under age of 40. This includes many families with children, illustrating the need for more affordable housing opportunities for both families and for adult children who are still living at home or are returning home.
The figure below shows a snapshot of East Palo Alto and San Mateo County median age in 2020.
Sources: Esri Business Analyst, 2019; U.S. Census Bureau, 203-2017 American Community Survey; BAE Urban Economics, 2019.
The following maps show the distribution in East Palo Alto by age groups and households with children. The age breakdown on the side east of Highway 101 in East Palo Alto is comparable to the neighboring Menlo Park and Palo Alto neighborhoods. However, there is a stark difference in age breakdown on the west side of Highway 101 in East Palo Alto compared to the rest of the City and neighboring Menlo Park and Palo Alto.
This may be primarily attributed to the housing stock tenure and density (i.e. majority of rental multi-family housing being located on the west of Highway 101), housing affordability (i.e. majority of rent stabilized units being located on the west of Highway 101), household incomes, and overcrowding, all of which are characteristics that differentiate the west of Highway 101 from the rest of the City and neighboring cities. [Intentionally Left Blank]
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Population Under 5 (2019)
Source: ACS Table B01001, 2015-2019 5-Year Estimate.
The block groups in the Westside, west of Highway 101, have the highest percentage of young children. This is also where a majority of rental housing is located. Between 10% and 20% of the people living in the Westside are below the age of five. There may also be correlation between number of young children in the Westside with low median household income and overcrowding.
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Population Under 18 (2019)
Source: ACS Table B01001, 2015-2019 5-Year Estimate.
The distribution of children under the age of 18 in East Palo Alto is similar to that of neighboring cities of Menlo Park and Palo Alto. A concentration of children under the age of 18 live on the Westside (west of Highway 101), in multi-family housing. Fewer children under 18 live in the single-family residential Gardens neighborhood in the southeast of East Palo Alto.
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Population Age 18-24 (2019)
Source: ACS Table B01001, 2015-2019 5-Year Estimate.
East Palo Alto has a larger share of young adults between the ages of 18 and 24 compared to its neighboring cities of Menlo Park and Palo Alto. Two specific neighborhoods that have a larger share of multi-family housing (located west of Highway 101 and East of Highway 101) have a concentration greater than 20%.
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Population Age 65 and Up (2019)
Source: ACS Table B01001, 2015-2019 5-Year Estimate
East Palo Alto has fewer seniors ages 65 and up compared to neighboring cities of Menlo Park and Palo Alto.
The majority of residents over the age of 65 live in single family home neighborhoods on the eastside (East of Highway 101), as well as near the University Avenue corridor where the City has a senior affordable housing development.
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Households with Children (2019)
Source: ACS Table B1005, 2015-2019 5-Year Estimate.
East Palo Alto has a higher share of children compared to the region. A high concentration of households with children resides in multi-family housing on the Westside (west of Highway 101) and in a single-family home neighborhood on the eastside (northeast and east of the City).
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2.5 INCOME
East Palo Alto has a higher percentage of lower income households than the rest of the county and region, with 72% of households earning less than 80% of the Area Median Income (AMI) compared to 40% of households in San Mateo County and 39% of households in the Bay Area as a whole.
25.5% of households in East Palo Alto make less than 30% of AMI, which is considered extremely low-income (ELI), compared to 14% countywide. Only 17.4% make more than 100% of the AMI, compared to 49% countywide. These percentages align with tenure: the largest proportion of renters is ELI, while the largest proportion of homeowners earns more than 100% AMI.
Poverty Rate
The groups with the highest poverty rates in East Palo Alto are American Indian/Alaska Native residents (22% poverty rate), multi-racial residents (14% poverty rate), Latinx residents (14% poverty rate) and Asian/Pacific Islander residents (14% poverty rate). Non-Hispanic White residents have the lowest poverty rate (7.5%).2 The figure below is a snapshot of the East Palo Alto and San Mateo County populations below 200 percent of the federal poverty level in 2020.
Sources: Esri Business Analyst, 2019; U.S. Census Bureau, 203-2017 American Community Survey; BAE Urban Economics, 2019.
Poverty is directly tied to the risk of housing insecurity and displacement and its disproportionate impact on households of color, discussed below and at length in the Affirmatively Furthering Fair Housing section of the Housing Element.
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Median Household Income Snapshot
The figure below is a snapshot of median household income in East Palo Alto and San Mateo County in 2020.
Sources: Esri Business Analyst, 2019; U.S. Census Bureau, 203-2017 American Community Survey; BAE Urban Economics, 2019.
The following map shows Median Income in East Palo Alto, based on 2019 Census data, against sites in the Housing Element Sites Inventory:
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Median Household Income (2019)
Source: ACS Table B19013, 2015-2019 5-Year Estimate.
Most Census Block Groups in the City’s Westside, west of Highway 101, have a median household income less than $54,800, which is considered Extremely Low for a household of four people in San Mateo County.
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Some of the Block Groups in single family zoned areas have higher median income in comparison to other parts of East Palo Alto.
However, median incomes in these single-family zoned areas are not comparable to the $179,500 or greater median household incomes of Block Groups in neighbor cities Palo Alto and Menlo Park.
This contrast in income across jurisdictions implies that East Palo Alto’s housing affordability is affected by surrounding jurisdictions and regional economic forces. This should impact local and regional housing policies. The Ravenswood Business District (RBD) has a median household income of $54,8000 -$91,350, which is considered Very Low Income for a household for four people in San Mateo Count. Future development of the RBD should consider how to mitigate risk of gentrification and displacement of current residents.
The following Median Household Income (2019) map provides different ranges in incomes to identify differences between neighborhoods in the City.
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Median Household Income (2019)
Source: ACS Table B19013, 2015-2019 5-Year Estimate.
While this map shows variation in median household income across the different neighborhoods in East Palo Alto, all block groups except one have a median household income that is Low Income, Very Low Income, or Extremely Low Income for a household of four people in San Mateo County.
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2.6 DISPLACEMENT RISK
64.7% of households in East Palo Alto live in neighborhoods that are “susceptible to or experiencing displacement.” Additional data illustrate some of the factors contributing to displacement risk:
• Type of Housing by Tenure. Unlike San Mateo County, East Palo Alto is a majority-renter city.
Renter households comprise 60 percent of East Palo Alto households, compared to just under 41 percent countywide. The table below shows that in 2020, the renter population in East Palo Alto was 56 percent, compared to just under 41 percent countywide. East Palo Alto saw a 1.0 percent decline in renter-occupied units between 2010 and 2020, while the overall number of occupied housing units increased by just over one percent. Meanwhile, the number of owner-occupied units increased by four percent, which is above and beyond the overall household growth rate.
These trends could indicate a loss of rental units in East Palo Alto as single-family rental units have shifted from the rental market and are now owner-occupied.
Tenure of Occupied Housing Units, 2010-2020
Note: Totals may not match totals in other tables due to independent rounding.
Sources: Esri Business Analyst; BAE, 2019.
Single-family units comprise a significant share of the rental housing supply in East Palo Alto.
Approximately 38 percent of renter households in East Palo Alto live in single family units compared to approximately 30 percent of renter households countywide. However, most renter households live in multifamily units in both geographies.
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Type of Housing by Tenure, 2015-2019
Note:
(a) Includes boats, RVs, vans, or any other non-traditional residences.
Sources: U.S. Census Bureau, American Community Survey, 2015-2019 Five-Year Sample Data, Table B25032; BAE, 2021.
Further broken down, the City’s housing stock consists of 54.1% single family detached, 4.1% single family attached, 3.4% small multiple-family (2-4 units), and 36.6% medium or large multiple-family (5+ units). While single-family renters benefit from just cause eviction, they are not protected from high rent increases that is one of the major contributing factors to displacement, as well as owner move-in, which is a common mechanism for evictions. Many single-family renter households have far fewer rental/tenant protections than renter households living in multi-family apartments.
• Cost Burden. East Palo Alto has high proportions of cost-burdened and severely cost-burdened households. According to the U.S. Department of Housing and Urban Development, costburdened households are those that spend more than 30 percent of their gross household incomes on housing costs. Those who spend more than 50 percent of their gross household incomes on housing costs are considered severely cost-burdened. According to ACS data collected between 2015-2019, 25 percent of households in East Palo Alto were severely cost-burdened, and 29 percent of households were cost burdened. According to ACS data collected between 2013 and 2017,3 53 percent of all East Palo Alto households were cost-burdened, including 59 percent of renter households and 42 percent of owner households. By comparison, 36 percent of county households were cost burdened, including 46 percent of renter households and 30 percent of owner households. As shown in the figure below, rates of cost burdened and severely cost burdened households are particularly high among lower income groups. For example, almost 80 percent of extremely low-income and very low-income renter households in East Palo Alto have a high housing cost burden.
3 3 At the time the figure below was created, the most recent data were from 2013 and 2017.
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East Palo Alto Cost-Burdened Households by Tenure, 2013-2017 Note: HUD-defined income categories are based on the HUD Area Median Family Income (HAMFI).
Sources: U.S. Department of Housing and Urban Development, 2013-2017 Comprehensive Housing Affordability Strategy (CHAS) data; BAE, 2021.
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• Overcrowding. The U.S. Census defines moderately overcrowded housing units as those that are occupied by more than one person per room but fewer than 1.5 persons per room, and severely overcrowded units as those that are occupied by more than 1.5 persons per room. As shown in the table below, five-year American Community Survey (ACS) data collected between 2015 and 2019 suggests that 26 percent of all East Palo Alto households are either moderately or severely overcrowded. Overcrowding is more prevalent among East Palo Alto’s renter households, 36 percent of which are moderately or severely overcrowded. Despite containing less than three percent of the County’s occupied housing stock, East Palo Alto accounts for approximately 19 percent of the moderately or severely overcrowded units in San Mateo County.
Housing Unit Overcrowding, 2015-2019
Notes:
(a) The American Community Survey defines a moderately overcrowded unit as being occupied by more than one but fewer than 1.5 persons per room.
(b) The American Community Survey defines a severely overcrowded unit as being occupied by more than 1.5 persons per room.
Sources: U.S. Census Bureau, American Community Survey, 2015-2019 Five-Year Sample Data, Table B25014; BAE, 2021.
• 8.6% of very low-income households (below 50% AMI) experience severe overcrowding.
The following maps show the areas of the City with the highest concentrations of renters, cost-burdened households and overcrowded households:
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Renter-Occupied Households (2019)
Source: ACS Table B25003, 2015-2019 5-Year Estimate.
A majority of East Palo Alto’s renters live on the Westside (west of Highway 101) and in single family neighborhoods throughout the City, near major transit hubs along University Avenue and Bay Road.
Compared to neighboring jurisdictions, except Redwood City, East Palo Alto appears more accommodating to renters with housing vouchers and is providing more subsidized affordable housing. The City continues to promote affordable housing through its Inclusionary Housing Ordinance and affordable housing funding.
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Cost Burdened Households (2019)
Source: ACS Table B25091, 2015-2019 5-Year Estimate.
Cost Burdened Households is defined as gross rent of 30% or more of household income for renter-occupied households or selected monthly owner costs of 30% or more of household income for owner occupied households. A majority of block groups in East Palo Alto are greater than 45% cost burdened, with many areas that are greater than 60% cost burdened. In contrast, neighboring areas in Menlo Park and Palo Alto have less cost burdened households. This can be a result of many factors including low incomes, low wages, low amounts of jobs overall, and increasing home prices due to the increase of tech companies in the region.
Policies focused on rental assistance as well as on homeowners are needed.
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Overcrowded Households (2019)
Source: ACS Table B25014, 2015-2019 5-Year Estimate.
Overcrowded Households is defined as more than 1.00 occupants per room. Many East Palo Alto households experience overcrowding, especially in contrast to neighboring areas in Palo Alto and Menlo Park. More housing is needed to decrease overcrowding.
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2.7 DRAMATIC SHIFTS IN HOUSING MARKET
The following is data showing shifts in the East Palo Alto Housing Market, primarily taken from a 2021 Housing Needs and Displacement Report by BAE Urban Economics.
Vacancy Rate. The reported vacancy rate is 7.4% (for all housing unit types). Data from CoStar4 demonstrates that East Palo Alto tends to have a slightly higher vacancy rate than San Mateo County overall, though vacancy rates in both the city and county remained relatively low over the past decade until early 2020, when California began to enact restrictions in response to the COVID-19 pandemic. The Figure below shows that between the fourth quarter of 2019 and the first quarter of 2021, the multifamily rental vacancy rate in East Palo Alto increased from 6.9 percent to 12.2, while the multifamily rental vacancy rate in San Mateo County overall increased from 5.4 percent to 10.0 percent. Although vacancy rates seem to have stabilized somewhat during 2021, these data indicate that some East Palo Alto renters may have been displaced due to the economic impacts of the COVID-19 pandemic. Housing analysts typically cite a five percent rental vacancy rate as a rate that indicates healthy market demand while providing enough vacant units to allow for normal movement of tenants between units within the rental market. Given that vacancy rates are currently well over five percent, these data may indicate potential for existing vacant units to absorb some of the existing and future housing demand.
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44 CoStar is a private data vendor that develops comprehensive commercial and residential real estate research and data through their independent research organization. CoStar gathers market information through extensive data mining of land registry and tax assessor’s information and real estate broker surveys. CoStar’s market real estate information is also derived from a variety of real estate data platforms such as LoopNet, Apartments.com, BizBuySell, Lands of America, and STR.
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Multifamily Rental Vacancy Rate, East Palo Alto and San Mateo County, 2010-2019 Note: Data reflect units in market rate multifamily complexes with 5 units or more. QTD 2021 data reflect data as of late March 2021.
Sources: Costar; BAE, 2021.
Housing Unit Turnover. ACS data suggest that 14 percent of rental units and five percent of owner-occupied units in East Palo Alto turn over per year on average during recent years. The figure below shows, by household tenure, the percentage of the population that moved based on ACS data collected between 2015 and 2019. These data do not provide a direct indication of unit turnover, in part because the data are based on householder responses collected over a defined time period and capture net absorption of any new units added to the inventory in addition to re-tenanting of existing units. Nonetheless, these data provide a general indication of the number of units that are vacated and re-tenanted each year. Based on these estimates, approximately 530 rental units in East Palo Alto and 170 owner-occupied units in East Palo Alto turned over each year during the period covered by these data.
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Residents that Moved in the Past Year, 2015-2019
Note: (a) Universe is population one-year-old or older in households. Geographic mobility status and movement date/origin based on householder response at time of survey.
Sources: U.S. Census Bureau, 2013-2017 American Community Survey, Table B07013; BAE, 2019.
Home Sales Trends. Although the median home sale price in East Palo Alto has remained considerably lower than the Countywide median home sale price, the City has experienced dramatic recent increases in home sale prices, far outpacing the rate of home sale price increases in the County overall. The figure below shows annual median sale prices for homes sold in East Palo Alto and San Mateo County between February 2012 and January 2021. In February 2012, the median sale price of homes sold in East Palo Alto was $262,500, approximately half of the median in San Mateo County. By January 2021, the median home sale price in East Palo Alto was $947,500, up 261 percent from the February 2012 median and equal to 70 percent of the February 2021 median for San Mateo County. Between 2012 and 2021, the annual median home sale price in East Palo Alto generally increased in tandem with countywide increases. The median sale price in San Mateo County as of January 2021 was approximately $1.4 million, up 161 percent since February 2012.
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Median Home Sale Price Trends, 2012-2021
Sources: Redfin Data Center; BAE, 2021.
Rental Market Trends. Residential rents in East Palo Alto tend to be slightly lower than average for San Mateo County, though increases in rents in East Palo Alto generally keep pace with rent increases in the County overall. CoStar tracks 27 market-rate multifamily rental properties in East Palo Alto with five units or more, with a total of 2,258 units. Among these units, the average asking rent was $2,802 per month as of the first quarter of 2021, as shown in the figure below Although East Palo Alto has historically offered slightly more affordable rental options within the high-cost San Mateo County housing market, since the third quarter of 2021 the average rent among these units has been slightly higher than the average countywide asking rent for multifamily rental properties with five units or more. The data indicate that rental rates in East Palo Alto increase in tandem with rent increases in the wider regional housing market, making the rental market in the City more expensive over time as housing costs increase throughout the region.
Market-rate rents in East Palo Alto have been substantially more stable during the COVID-19 pandemic than rents countywide; as of March 2021, the average multifamily asking rent in East Palo Alto was one percent lower than in the first quarter of 2020, while the countywide average multifamily asking rent had decreased
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by approximately nine percent. This may be partly due to the City’s Eviction Moratorium, which was adopted ahead of the County and in effect until after County eviction moratorium expiration, and active efforts from local nonprofit organization (including the organization from the Measure O Anti-Displacement contract), who stepped in and provided outreach for rental assistance.
Average Asking Rents, Q1 2010 – Q1 2021
Note: (a) Data reflect units in market rate multifamily complexes with 5 units or more.
Sources: CoStar, 2021; BAE, 2021.
East Palo Alto’s residential rental inventory includes approximately 2,700 units that are subject to the City’s Rent Stabilization Ordinance, which tend to have rental rates that are lower than the Citywide average. This total includes over 2,500 multifamily rental units and approximately 150 mobile home spaces that are covered by rent stabilization. In 1984, residents approved the City’s first rent stabilization ordinance, which limited annual rent increases for units built before that date. However, since 1999, landlords have been allowed to charge market-rate rents every time a unit is vacated and leased to a new tenant.5 Housing Affordability. Current market-rate housing costs in East Palo Alto exceed the affordability threshold for most lower- and moderate-income households. The tables below show the affordable single-family home and condominium sale price for households at various sizes and income levels and compares these affordable 55 Vacancy decontrol was mandated after the State legislature passed the Costa-Hawkins Rental Act in 1995, which allows rent to increase to market rates after a qualifying vacancy occurs and reinstates rent control for a new tenant. Costa-Hawkins went into effect in 1999.
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sale prices to current home sale prices in East Palo Alto.6 As shown, the median single-family home sale price in East Palo Alto is higher than the sale price that would be affordable to extremely low-income, very lowincome, low-income, and moderate-income households. The median condominium sale price in East Palo Alto is potentially affordable to some larger low-income and moderate-income households. However, it should be noted that the median condominium sale price in East Palo Alto fluctuates significantly between months and is often substantially higher than the January 2021 median of $628,000 that was used to inform the calculations shown in below. Moreover, there is a limited inventory of condominium units in East Palo Alto, and many may be too small for larger households, making this option unavailable for many households.
Affordable Single-Family Home Sale Price, East Palo Alto, 2021 Notes: (a) Based on California Department of Housing and Community Development income limits for 2020. (b) Based on a tabulation of how much housing a household could afford with 35% of its gross monthly income given premium and interest, homeowner's insurance, property taxes, and other payments. (c) Per Redfin Data Center, the median sale price for a single-family home sold in East Palo Alto in January 2021 was $1,005,000.
Sources: Redfin Data Center, 2021; California Department of Housing and Community Development, 2020; Federal Housing Administration, 2020; Freddie Mac, 2020; California Department of Insurance; San Mateo County Controller's Office, 2019-2020; BAE, 2021.
6 Affordable condominium sale prices are lower than affordable single-family home sale prices for households at a given income level because condominium owners are required to pay homeowner’s association fees, which reduce the monthly income available for mortgage payments.
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Affordable Condominium Sale Price, East Palo Alto, 2021 Notes: (a) Based on California Department of Housing and Community Development income limits for 2020. (b) Based on a tabulation of how much housing a household could afford with 35% of its gross monthly income given premium and interest, homeowner's insurance, property taxes, and other payments. (c) Per Redfin Data Center, the median sale price for a condominium sold in East Palo Alto in January 2021 was $628,000.
Sources: Redfin Data Center, 2021; California Department of Housing and Community Development, 2020; Federal Housing Administration, 2020; Freddie Mac, 2020; California Department of Insurance; San Mateo County Controller's Office, 2019-2020; BAE, 2021.
Market-rate rental units in East Palo Alto are similarly unaffordable to most households with moderate or below-moderate incomes. As shown in the table below, current average market-rate asking rents for units in multifamily rental properties exceed the affordability threshold for extremely low-income and very lowincome households for all household sizes shown, as well as for larger low-income and moderate-income households. However, it should be noted that the income levels shown in Table 6 are based on countywide
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income thresholds set by the State. As shown in Figure 1, the median annual income among East Palo Alto residents ($72,208) is substantially lower than the countywide income limits for low-income households.
Affordable Rent, East Palo Alto, 2021
Notes: (a) Data reflect average asking rates of units in multifamily properties of five units or more in East Palo Alto as of late March 2021. (b) Housing Authority of the County of San Mateo allowances for tenantfurnished utilities and other services for a multifamily unit that uses gas cooking, heating, and water heating, as well as electricity for lights and appliances. The allowance is based on the number of bedrooms in the unit and a household is assumed to have one bedroom fewer than the number of people in the household. (c) Based on California Department of Housing and Community Development income limits for 2020. (d) These figures are 30% of gross monthly household income, the maximum amount that a household can spend on housing expenses without being considered cost-burdened.
Sources: California Department of Housing and Community Development, 2020; CoStar Group, 2021; BAE, 2021.
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2.8 EMPLOYMENT, JOBS-TO-HOUSING RATIO, AND JOBS-HOUSING FIT
Generally, having a similar number of jobs and employed residents produces more benefits for a community, such as reducing traffic and climate impacts, and allowing people who work in the community to also live there. In contract to San Mateo County, East Palo Alto has more housing units than jobs. San Mateo County is jobs-rich, meaning it has more jobs than employed residents. In contrast, East Palo Alto has a very low jobsto-housing ratio. There are 15,101 employed residents and 5,225 jobs in East Palo Alto, resulting in a jobs-toresident-workers ratio of 0.35. Between 2002 and 2018, the number of jobs in East Palo Alto increased by 47%. However, this increase does not show the types of jobs that were added (i.e., with higher or lower wages, and in what sectors) or the absolute number that were added, indicating that jobs-housing fit and the jobs-tohousing ratio remain a challenge to residents accessing high-cost housing in East Palo Alto.
As shown in the table below, the California Department of Finance estimated that there were 7,917 housing units in East Palo Alto as of 2020. Esri estimated that there were 5,104 jobs in East Palo Alto as of 2020.
Based on these figures, East Palo Alto has an estimated employment-to-housing unit ratio of approximately
0.64, essentially the inverse of the countywide ratio.
Employment and Housing Unit Growth, 2010-2019
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Notes: (a) Employment data are sourced from Bureau of Labor Statistics, Quarterly Census of Employment and Wages. (b) Housing unit counts are sourced from CA Dept. of Finance, E-5.
Sources: Bureau of Labor Statistics, Quarterly Census of Employment and Wages; California Department of Finance, E-5 Population and Housing Estimates, 2020; BAE, 2021.
The table below shows projected population, household, and employment growth in East Palo Alto, Menlo Park, and San Mateo County through 2040, according to projections prepared by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC). As shown, ABAG and MTC estimate that East Palo Alto will gain 5,420 residents, 1,065 households, and 845 jobs between 2020 and 2040, bringing the City’s employment to household ratio from 0.76 to 0.77. During the same period, Menlo Park is projected to gain 2,290 households and 6,065 jobs, increasing the employment to household ratio in Menlo Park from 2.37 to 2.40. ABAG and MTC project that San Mateo County will gain 33,695 households and 72,750 jobs overall between 2020 and 2040, increasing the Countywide employment to household ratio from
1.40 to 1.48.
Projected Population, Household, and Employment Growth, 2020-2040 Sources: Association of Bay Area Governments/Metropolitan Transportation Commission, Plan Bay Area 2040 Projections; BAE 2021.
2.9 UNEMPLOYMENT
Jurisdictions throughout the region experienced a sharp rise in unemployment in 2020 due to impacts related to the COVID-19 pandemic, though with a general improvement and recovery in the later months of 2020. As of January 2021, East Palo Alto’s unemployment rate was 8.6%, which was slightly higher than the regional unemployment rate of 6.6% but much lower than its pandemic-related high rate of 13.1% in April 2020. East Palo Alto’s pre-pandemic unemployment rate was 2.9% (January 2020). Based on reporting from City partners
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who assist East Palo Alto residents with applying for state emergency COVID-19 relief funds, the impact of COVID-19-related unemployment continues to affect households’ ability to cover both current and past accumulated housing costs.
2.10 “HIGH” VERSUS “LOW”-RESOURCE NEIGHBORHOODS
Some neighborhoods are identified as “Highest Resource” or “High Resource” by the State of California based on a range of indicators such as access to quality schools, proximity to jobs and economic opportunities, low pollution levels, and other factors. However, neighborhoods don’t always receive an equitable share of these community resources and may be designated as “Low Resource” if they lack these amenities. All East Palo Alto residents live in neighborhoods identified as “Low Resource”, meaning there are no “High Resource” neighborhoods in East Palo Alto. This lack of high-resource neighborhoods and its implications are further discussed in the Affirmatively Furthering Fair Housing section.
2.11 SPECIAL NEEDS POPULATIONS
Individuals with disabilities: Some population groups may have special housing needs such as mobility and accessibility barriers. 6.4% of residents in East Palo Alto have a disability, and the most common living arrangement for individuals with disabilities in East Palo Alto is the home of parent /family /guardian.
Individuals with development disabilities: East Palo Alto is home to 313 people with developmental disabilities. This represents an 82% increase from the 172 people with developmental disabilities reported in the 2015-2023 Housing Element, much faster than the 6% increase in the County’s total population of people with developmental disabilities over the same time period.5 86% of adults continuing to live in the family home, a larger share than the County, likely due to the lack of any licensed care facility in the East Palo Alto.
Individuals with developmental disabilities who do not live in a licensed care facility or who cannot live with family need affordable housing options with supportive services. The current lack of affordable housing with services, combined with the need for transit access and access to amenities, has led to a growing population of individuals with developmental disabilities in East Palo Alto that is at higher risk of displacement than other groups.
Female-headed households: Approximately 21% of households are female-headed families, which are often at greater risk of housing insecurity, or being at risk of losing their home.
The following map shows the distribution of female-headed households in the City.
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Map 2.11.A Female Headed Households (2019)
Source: ACS Table B11001, 2015-2019 5-Year Estimate.
Note that female-headed households include family households with a female householder and no spouse present. A higher concentration of female-headed household resides in multi-family housing zones on the Westside (west of Highway 101) and on the eastside (east of Highway 101). A smaller portion reside in single family neighborhoods.
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Individuals experiencing homelessness:
The population of homeless individuals in the City of East Palo Alto also experiences major barriers to both temporary and permanent housing. This population includes a high number of school-age children: the number of students in East Palo Alto experiencing homelessness in 2019-20 (514) represented 43.9% of the San Mateo County total.
Larger households:
27.5% of East Palo Alto households are larger households with five or more people.
2.12 AFFORDABLE HOUSING UNITS AT-RISK OF CONVERSION TO
MARKET RATE
Jurisdictions are required to report in their Housing Element on any affordable units at-risk of conversion to market-rate over the eight-year Housing Element period (Government Code section 65583, subdivision (a)(9)).
Conversion to market-rate can result from:
a) expiration of funding-related affordability restrictions; b) foreclosure of BMR units
c) turnover of rent-stabilized units; or
d) habitability and maintenance issues that require code enforcement or legal action. [Intentionally Left Blank]
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2.12.1 Existing Affordable Housing
As shown in the table below, the City of
East Palo Alto currently has over 10
deed-restricted affordable housing
developments, 53 below market-rate
(BMR) ownership units, and 2,500 rentstabilized units (see map of rent stabilized inventory). Most affordable
rental housing developments received
some form of City assistance and are
subject to affordability restrictions
imposed by the City and other funding
entities. The City’s ownership BMR
units are the result of the former
Redevelopment Agency’s assistance or
market-rate developer obligations to
create affordable units under an
Inclusionary Housing or other program.
Units in the rent-stabilized portfolio are
subject to the 2010 Rent Stabilization
and Just Cause for Eviction Ordinance.
Map 2.12.1: East Palo Alto Rent Stabilized Units Inventory
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Table 2.12.1: Existing Housing Units in East Palo Alto
Project Name Address Owner Tenure Type Risk
Level
Affordability
End Year
Government
Assistance Affordable RSO Market
Rate Total
Courtyard at Bay
Rd. 1730 Bay Rd N/A Rental Deedrestricted Low 2060 LIHTC 76 76 Nugent Square** 2361 University
Ave
Eden
Housing Rental Deedrestricted Low 2078 LIHTC 32 32
Serenity Senior 2358 University
Ave
MidPen
Housing Rental Deedrestricted Low 2069 LIHTC 40 1 41
Light Tree 1805 E Bayshore
Rd
Eden
Housing Rental Deedrestricted Low 2074 LIHTC, HUD, HCD 182 3 185 Peninsula Park* 1977 Tate Street BRIDGE
Housing Rental Deedrestricted Low 2053 LIHTC 65 64 129 Bay Oaks 2400 Gloria Way MidPen
Housing Rental Deedrestricted Low 2075 LIHTC 37 1 38
Clarke Ave. 2397 Clarke Ave. EPA CAN
DO Rental Deedrestricted Low - 15 15
Woodlands
Newell
1761 Woodland
Ave
MidPen
Housing Rental Deedrestricted Low 2068 LIHTC 47 2 49
Runnymede
Gardens 2301 Cooley Ave MidPen Housing Rental Deedrestricted Low 2055 LIHTC; HUD; CalHFA 77 1 78 BMR Units - - For-Sale Deedrestricted Low - - 53 53
Woodland Park
Rent Stabilized
Units
-
Sandhill
Property Co. Rental Rent Stabilized N/A Upon Vacancy*** - 1,838 1,838 All Other Rent
Stabilized Units - - Rental Rent Stabilized N/A Upon Vacancy*** - 709 709 All Other
Housing Units - -
Rental &
For-Sale
Market
Rate N/A N/A - 4,740 4,740
Units 624 2547 4812 7983
Percentage 8% 32% 60% 100%
*NOTE: Peninsula Park – many units marked “market-rate” are currently rented by Section 8 households. **Long-term affordability covenants for Nugent Square got extended in 2022 resyndication. Project received $7 million for necessary repairs and renovations. ***Due to Costa Hawkins and vacancy decontrol.
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2.12.2 At-Risk Affordable Housing Analysis
2.12.2.A Expiring Contracts According to the California Housing Partnership Corporation and the City of East Palo Alto, there are no affordable rental units with affordability contracts expiring. The earliest expiration date for the affordability contracts is in the year 2053 so the lost of at-risk units during the 6th cycle Housing Element is minimal. However, these projects may benefit from housing rehabilitation assistance to ensure that these projects are properly maintained during the affordability term.
Deed-restricted units in East Palo Alto have a low risk level of conversion to market-rate. Table below lists the deed-restricted affordable housing developments in the City and their risk level of conversion to market rate.
Table 2.12.2.A: Deed-Restricted Units by Risk Level
Name Address Affordable
Units
Total
Units
Funding Program Estimated
Affordability
End Year
Risk Level
Light Tree 1805 East Bayshore Road 56 57 LIHTC; HUD; CalHFA 2074 Low Runnymede Gardens 2301 Cooley Avenue 77 78 LIHTC; HUD; CalHFA 2055 Low Peninsula Park Apartments 1977 Tate Street 65 129 LIHTC 2053 Low Nugent Square 2361 University Avenue 31 32 LIHTC 2078 Low Light Tree Two 1805 East Bayshore Road 126 128 LIHTC; HUD; HCD 2074 Low Gloria Way Community
Housing
2400 Gloria Way 37 38 LIHTC 2050 Low
Woodlands Newell (Site A) 1761 Woodland Ave. 47 49 LIHTC 2068 Low University Avenue Senior
Housing
2358 University Avenue 40 41 LIHTC 2069 Low
The Courtyard at Bay Road 1730 Bay Road 76 77 LIHTC 2060 Low Wisteria House 211 Wisteria Avenue 4 4 HCD 2041 Low
Source: California Housing Partnership’s Preservation Database, 21 Elements.
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2.12.2.B BMR ownership units are an important source of Moderate-Income housing, or housing affordable to households at 81-120% of the Area Median Income. These units may be at risk of being “lost” from the BMR program due to noncompliance, foreclosure, or other means. Prior to the release of a Request for Proposals (RFP) to identify a qualified organization to administer the City’s BMR Program in 2018, due to low staffing levels, units in the BMR Program were not under consistent monitoring, and actions such as refinances, loan subordinations, re-sales were difficult and inefficient for the City to facilitate.
Of the 74 BMR files that EPACANDO verified to be within the City’s BMR portfolio, 4 were lost to foreclosure, 3 were sold in violation of the resale restriction agreement, and 14 reverted to market-rate as a result of the expiration of a five-year affordability term. With a BMR contractor in place conducting annual monitoring, overseeing transactions, and maintaining regular contact with BMR homeowners, these 53 units are at very low risk of “exiting” the program.
2.12.2.C Rent-stabilized units revert to market-rate when the occupant vacates, with rental increases limited to the Annual General Adjustment adopted by the City’s Rent Board each year thereafter. Referred to as “vacancy decontrol,” the reversion to market-rate occurs more frequently with higher turnover, making many units in the rent-stabilized portfolio unattainable for lower-income households. Each year, approximately 300- 400 rent stabilized units (12-16%) become vacant and return to market-rate. Due to this turnover, the City often cannot count all rent stabilized units as affordable rental units.
The following maps overlay rent stabilized units over median household incomes and overcrowded households, two factors that may contribute to turnover.
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2.12.2.C.1 Rent Stabilized Units Inventory and Overcrowded Households 2.12.2.C.2 Rent Stabilized Units Inventory Median Household Incomes
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2.12.2.D Habitability and maintenance issues that require code enforcement or legal action can also increase risk of conversion to market-rate and displacement. Usually these units can be considered “substandard households” because they may be missing basic services and amenities.
The City tracks substandard housing through complaints filed with the Rent Stabilization Program, which typically are filed by households both in rent stabilized and non-rent stabilized units, and through code enforcement cases submitted to Building/Code Enforcement. Between 2016 and 2022, the City had substandard housing code enforcement cases open at ten different locations, nine of which were in single-family home neighborhoods and one of which was in a multi-family home neighborhood. The cases included: sheds housing people, unsafe electrical and gas, junk and debris, dilapidated housing, and other items that were deemed “substandard housing.” Between 2015 and 2022, the City had substandard housing petitions/complaints at 36 different locations, the majority of which were located in the West of Highway 101, where a majority of rent stabilized units remain. Rent Stabilization Program petitions/complaints also came from buildings along Bay Road, where a bigger portion of large multi-family apartments are located, and in smaller 2–4-unit buildings located in single-family home neighborhoods on the East side of Highway 101. These petitions/complaints filed were primarily for habitability or maintenance problems, as well as service reductions.
Map 2.12.2.D.1 maps sites that have recorded substandard housing complaints, by frequency level.
Map 2.12.2.D.2 maps these substandard housing site by density, to identify whether complaints arise more frequently in multi-family neighborhoods compared to single-family neighborhoods.
Map 2.12.2.D.3 maps these substandard housing sites by income, to see where these complaints may be located near concentrations of poverty.
Map 2.12.2.D.1 Substandard Housing Frequency
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Map 2.12.2.D.2 Substandard Housing (and Density)
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Map 2.12.2.D.3 Substandard Housing (and Income)
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2.12.3 Entities Qualified to Preserve At-Risk Units
There are several organizations in the region that have the capacity to own and manage affordable rental projects. There organizations include affordable housing developers such as Eden Housing, MidPen Housing, BRIDGE Housing, Mercy Housing, and others. The City can also directly purchase at-risk units, although the management, processing, and maintenance of these units can pose a funding challenge.
Since 2020, the City has researched various preservation models as part of the San Francisco Foundation’s Partnership for the Bay’s Future Policy Grants (the City started with the 2020-2022 Challenge Grant and continues to do so with the 2022-2024 Breakthrough Grant). Other East Palo Alto community-based entities such as East Palo Alto Community Alliance & Neighborhood Development Organization (EPACANDO) and Preserving Affordable Housing Long-Term, Inc. (PAHALI) community land trust have expressed interest in acquiring and preserving at-risk properties, to create community empowerment and maintain community control. The City currently has a contract with EPACANDO and PAHALI to preserve affordable spaces at the Palo Mobile Estates mobile home park by supporting residents in purchasing their lots. The park underwent conversion to a resident-owned park in 2021.
2.12.4 Preservation Costs
According to Enterprise Community Partners, Inc. (Enterprise), acquisition-rehab can be a direct antidisplacement strategy that advances racial and economic equity, a fast and cost-effective strategy, a flexible strategy that expands housing choices, and a long-term, environmentally sustainable strategy.
There are different types of affordable housing models for acquisition-rehab projects, including: affordable rental (deed-restricted) housing models where the nonprofit acquires and retains ownership of the land and property, and the rental units are held affordable; Limited Equity Housing Cooperatives (LEHC) models, where the residents form an entity that acquires the property and residents purchase and own shares in the LEHC at an affordable price, entitling them to reside in their unit and build some equity; and Community Land Trust (CLT) models, whereby the CLT acquires the land and property, but the property may be sold and owned by the residents at an affordable price, or retained and operated as a rental.
Between 2015-2019, the per-unit cost of completed acquisition-rehab projects in San Mateo County averaged $433,203 total per unit (75% of which was the purchase price, and the rest included rehab costs, financing costs, soft costs, developer fees, among other costs). Of that total, the per-unit subsidy averaged nearly $224,000.
The table below compares new affordable housing production per-unit cost and preservation per-unit cost to illustrate the magnitude of funding needed in production projects compared to preservation projects.6
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Table 2.12.4: San Mateo County Acquisition-Rehab
and New Construction Per-Unit Cost Comparison (Enterprise 2020 Report) New Affordable Housing Production
Per-Unit Cost
Occupied Acquisition-Rehab
Per-Unit Cost (Study Sample)
2016 2017 2018 2016-2018
Average
Average Compared to
New Production
$479,262 $665,831 $729,458 $627,681 $433,203 69%
2.12.5 Potential Funding Sources to Preserve Affordable Housing Financing for housing preservation will come from a combination of private and public funding, including local, regional and state subsidies, loans from banks and lending institutions like credit unions and Community Development Finance Institutions (CDFIs), and the private capital of tenants (if applicable).
A table of potential funding sources for Affordable Housing Preservation is featured below.
Table 2.12.5: Funding Sources for Affordable Housing Preservation Funding Source Funding Type Eligible Uses
Max
Assistance
Golden State Acquisition Fund Below market debt Acquisition $13,950,000 Foreclosure Intervention Housing Preservation
Program Grants, debt
Predevelopment, acquisition, rehabilitation, temporary
relocation. An operating subsidy is available for projects serving households making 50% AMI and below.
$450,000 -
$550,000
per unit
Project Homekey Grants
Acquisition, rehabilitation, of eligible dwelling types and operating support Varies
HOME Investment Partnerships Program Varies Acquisition, rehabilitation Varies Community Development Block Grant (CDBG) Grant Acquisition, rehabilitation Varies Bay Area Preservation Pilot Below market debt Acquisition, rehabilitation Varies Affordable Housing Fund Below market debt Predevelopment, acquisition, rehabilitation $100,000
per unit
Community Housing Fund Below market debt
Variety of loan products from predevelopment through
permanent financing $15,000,000
Supportive and Transitional Housing Varies
Acquisition, Predevelopment, Construction, MiniPermanent $6,000,000 Affordability Preservation and Production Varies Acquisition, Predevelopment, Construction, Rehabilitation $6,000,000 Workforce Housing Varies Acquisition, Predevelopment, Construction $7,500,000
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Enterprise-Level Line of Credit Varies
Revolving Line of credit for acquisition, predevelopment, working capital allowed with acquisition or predevelopment $6,000,000 Kaiser Housing for Health Fund Equity Varies by project Varies Bay Area Transit-Oriented Affordable Housing
(TOAH) Fund: Predevelopment Loan Below market debt Predevelopment costs for acquisition of Eligible Properties $750,000 Bay Area Transit-Oriented Affordable Housing
(TOAH) Fund: Acquisition Loan Below market debt Acquisition $10,000,000 The Catalyst Fund Below market debt Acquisition, Predevelopment, Permanent Financing Varies
2.12.5.A City Funding Sources
The City of East Palo Alto has a recent history of residents supporting local tax measures to provide revenues for affordable housing construction and related programs, although the sources for the tax payments are borne by property owners of large office buildings and multi-family rental properties.
Measure O:
In November 2016, residents voted to enact Measure O or the East Palo Alto Residential Rental Business License Tax Measure. Measure O is a one- and one-half cent tax on the gross receipts of owners who lease five or more residential rental units in East Palo Alto. The Business License Tax cannot be passed on to tenants and does not apply to new housing units during the first 10 years after a certificate of occupancy is issued. Nonprofit operators of affordable housing, Section 8 units, or below market rate units with deed restrictions are exempt from the tax. While Measure O funds can use for general government purposes, fund can be used to directly benefit Housing Element goals, policies, and programs. Highlighted uses included increasing affordable housing, protecting local residents from displacement and homelessness, and funding affordable housing programs. Funds have been used to provide initial start-up and operating funds for the City’s Pilot Recreational Vehicle (RV) Safe Parking Program in 2019 for unhoused residents. The City has also authorized allocating funds to several non-profit organizations to provide anti-displacement fair housing services, legal consultation, case management and referrals, information resources, community workshops on tenant/landlord laws, and community outreach and advocacy efforts. Three non-profit community organizations have been providing these services: Community Legal Services in East Palo Alto (CLSEPA), Nuestra Casa, and Youth United for Community Action (YUCA).
Measure HH:
In November 2018, East Palo Alto residents voted to enact Measure HH, a parcel tax on commercial office space of 25,000 square feet or more at the rate of $2.50 per square foot, which is estimated to raise $1,675,000 annually that may be used for several purposes: 1) maintenance of affordable and supportive housing programs, with an emphasis on creating net new housing (minimum of 35% of the funds must be used for this purpose); and 2) creation and maintenance of programs that facilitate access to job opportunities for East Palo Alto residents in
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the science, technology, engineering, and mathematics (STEM) sectors and building trades sector; and 3) strengthen the City’s First Source Hiring (FSH) Program.
Since passage of Measure HH, the City has authorized approximately $1 million in assistance for a 100% affordable housing project (965 Weeks) that will consist of 136 low-income units serving households with average 45% area median income (AMI). The project is entitled and currently in the building permit review stage.
The City has also established a Pilot Workforce Development Program using Measure HH funds. To conceptualize the program, the City sought a consultant experienced in workforce development to identify strategies to maximize the effectiveness and impact of Measure HH funding. In October 2020, the City Council retained Brightline Defense Project (“Brightline”) to analyze and provide recommendations for implementing a workforce development program. Brightline conducted considerable public outreach and discussions with the community and employers on the appropriate allocation of Measure HH funds to provide “upward mobility” for East Palo Alto residents through training for sustainable jobs in reliable employment fields. Brightline’s concluded that the primary factors that are impeding upward mobility for East Palo Alto residents are: 1) lack of education and job training in the two targeted fields; 2) lack of financial resources for training; 3) the need to continue earning an income while in training; 4) lack of professional support and career guidance; and 5) the difficulty in accessing employment networks in the STEM and building trades fields, particularly for persons of color.
In November 2022, City Council authorized $775,215 from the Measure HH Fund to fund an 18-month Pilot Workforce Development Program. The program is intended to address the disparity between the region’s robust innovation and technology economy and the inability of East Palo Alto residents to benefit from the region’s economic prosperity. The pilot program’s goals are to offer participants a training program and, after completing training, to support and assist participants in finding a sustainable job that can achieve a living wage within 36 months after completion of training. Three non-profit community organization have been awarded funds to offer an innovative mix of STEM and building trades training programs: JobTrain, StreetCode Academy, and Live In Peace. The program will begin in 2023 and is only available to East Palo Alto residents with the Live In Peace program targeted for high school students and recent graduates. It is expected that the program will continue to be funded after the pilot period. The program also has an anti-displacement objective; with residents able to gain living wage jobs, it would increase their ability to remain in the community.
Measures V and L:
In November 2020, City Council placed Measure V on the ballot to help fund affordable housing development, acquisition and rehabilitation. Measure V was projected to provide approximately $390,000 per year, with an additional amount upon recovery from the COVID-19 pandemic. While it was unsuccessful in passing by a two percent margin, a similar ballot measure, Measure L, was subsequently approved by East Palo Alto voters in November 2022 to support housing affordability and to prevent displacement. Similar to Measure O, Measure L assesses a business tax on rental property but also applies to smaller properties with less than five rental units.
The measure is projected to generate up to $2 million annually to fund affordable housing programs in the City.
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In addition to the above tax revenue, City Council may choose to use existing General Funds for affordable housing production and preservation efforts. The Council has also earmarked a portion of the City’s Transient Occupancy Tax (TOT) for housing programs.
2.12.5.B Regional Funding Sources
Regional funding sources include the Metropolitan Transportation Commission (MTC)’s Bay Area Preservation Pilot (BAPP), a $49 million program launched in 2018 to provide flexible, relatively low-cost loans for up to 10 years to mission-driven developers and community-based organizations seeking to acquire, and preserve existing, unsubsidized affordable multi-family properties located in areas with high-frequency transit service. The Bay Area Transit-Oriented Affordable Housing Fund (TOAH), a $50 million public-private financing resource providing seven-year loan products at favorable interest rates and loan to value ratios (LTV), is aimed at supporting nonprofit and for-profit developers to help finance the purchase or improvement of properties near transit.7 TOAH is sponsored by a collaborative public-private partnership with the MTC and the Great Communities Collaborative. The Regional Early Access Planning (REAP 2.0) Grants administered by ABAG/MTC include a $15 million set aside for Affordable Housing Preservation, funding a maximum of $250,000 per door. A regional housing funding initiative proponed by the Bay Area Housing Finance Agency (BAHFA) expects to distribute at least $10 Billion after 2024, of which 15% of funds are prioritized for Affordable Housing Preservation across the 9-county region. BAHFA was established by California State Legislature Assembly Bill 1487 (2019, Chiu) to support the production and preservation of affordable housing by placing new revenue options on the ballot. BAFHA has the potential to raise hundreds of millions of dollars to help address affordable housing in the Bay Area.
2.12.5.C State Funding Sources
The state allocated $300 million for the preservation of existing affordable homes in the 2021-2022 California budget, creating a new Affordable Housing Preservation Program at the Department of Housing and Community Development (HCD).8 With the expansion of HCD programs and increasing awareness about the importance of housing preservation, the state is anticipated to allocate more funds towards housing preservation.
The Foreclosure Intervention Housing Preservation Program (FIHPP) is a statewide Affordable Housing Preservation fund of $500 Million dedicated to properties undergoing or at risk of foreclosure. These funds can be used both for single family and multifamily properties for acquisition, rehabilitation, and a host of other cost coverages.
2.12.5.D Private Funding Sources, Funding Initiatives and Lending Institutions 7 https://mtc.ca.gov/funding/investment-strategies-commitments/housing-solutions/transit-oriented-affordable-housing-fundtoah 8 https://calhsng.org/2021-2022-california-budget-update/
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Other potential funding sources include, but are not limited to: public-private partnerships. In particular Community Development Financial Institutions (CDFIs) that provide flexible financing for affordable housing developments for use for predevelopment, acquisition, construction rehabilitation, and bridge funding. These private sector financial institutions have community development as their primary mission and can receive funding from other private sector sources such as individuals, corporations, religious institutions, and provide lending services. Locally, groups such as Housing Trust Silicon Valley, Enterprise Community Partners (Enterprise), and the Local Initiatives Support Corporation (LISC) provide lending products designed to help developers get projects financed. The following are a few examples:
• The Housing for Health Fund (HFHF), a collaboration among Enterprise, Kaiser Permanente, and JP Morgan Chase, provides $85 million to promote health and the preservation of affordable housing. 9 • Enterprise’s Equitable Path Forward Fund is a five-year, $3.5 billion nationwide initiative to counter racial inequities rooted in housing, and focuses on supporting Black, Indigenous, and People of Color and housing providers who create and preserve affordable homes.10 • The Partnership for the Bay’s Future Bay’s Future Fund (BFF) and Community Housing Fund (CHF), a $500 million initiative to bridge funding gaps throughout the region’s rental housing market and address critical housing needs. The funds are managed by LISC and originated by the San Francisco Foundation, Bay Area LISC, the Corporation for Supportive Housing (CSH), Capital Impact Partners, and other public-private partners.11
Private companies in the Bay Area have also begun to provide financing for affordable housing developments. Recent investments include The Catalyst Fund, a partnership among Facebook, the City of East Palo Alto, the City of Menlo Park, and Envision Transform Build East Palo Alto (ETB-EPA). ETBEPA is a coalition of community groups in East Palo Alto that challenged Facebook to commit to furthering shared goals of enhancing equity, opportunity and access in the Silicon Valley, resulting in a community compact.12 The $18.5 million fund was created to provide financing for affordable housing developments within a 15-mile radius of Meta (formerly Facebook)’s Menlo Park campus, and is managed by LISC Bay Area and Housing Trust Silicon Valley. Based on the agreement, $10 million of the fund must be invested in permanently affordable housing in East Palo Alto; the remainder could be invested in affordable housing and preservation projects in San Mateo County or Santa Clara County within a 15-mile radius of Meta’s Menlo Park campus. To date, four affordable housing projects in San Mateo County have received funding awards through The Catalyst Fund, two of which are in East Palo Alto (Light Tree and 965 Weeks). 9 https://www.enterprisecommunity.org/news-releases/2020-03_housing-health-fund-makes-48-million-oakland-investment 10 https://www.enterprisecommunity.org/impact-areas/racial-equity/equitable-path-forward. 11 https://www.lisc.org/bay-area/what-we-do/affordable-housing/partnership-bays-future/ 12 Community Groups that signed the Community Compact included El Comité de Vecinos del Lado Oeste, East Palo Alto; Youth United for Community Action; Faith in Action Bay Area; and Community Legal Services in East Palo Alto.
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• LightTree Apartments is a major project sponsored by two experienced, mission-driven organizations – Eden Housing and East Palo Alto Community and Neighborhood Development Organization (EPACANDO). The $97 million project is both preserving/renovating 94 existing units and adding 91 new apartments affordable to extremely low-income and very low-income residents, and sets aside as many as 41 units for households with special needs: formerly homeless residents, youth aging out of foster care and households with a family member who has a disability. Light Tree is also the first allelectric affordable housing development in San Mateo County. The Catalyst Fund is providing a $4 million predevelopment loan to seed the project’s complex mix of public and private financing and support early planning efforts. The loan carries an almost unheard-of term of 57 years- illustrating the kind of flexible, affordable capital that is so vita for affordable housing efforts. • 965 Weeks is a development project sponsored by MidPen Housing and EPACANDO that will build 136 extremely low-income and low-income affordable housing units, ranging from studios to fourbedroom apartments, on a city-owned parcel. It will provide services to residents including a financial literacy program, a vocational development center, afterschool/summer programs and leadership development for youth, and functional assessment and cognitive/behavioral modification for people with special needs. The $1 million predevelopment loan from The Catalyst Fund will convert to a 57- year permanent loan after construction, providing flexible, affordable capital that is critical but hard to find. The Catalyst Fund has also committed to an additional $4.365 million permanent loan request for 965 Weeks.
Additional private lending sources can include credit unions, cooperative banks, and other banks willing to work with resale-restricted properties, LEHCs and CLTs. 13 2.13 EAST PALO ALTO HOUSING NEEDS DATA PACKET
The Housing Needs Data Packet (Appendix B1) provided by ABAG/MTC and 21 Elements outlines more extensively the City’s housing needs.
2.14 SAN MATEO COUNTY HOUSING NEEDS
Appendix B2 summarizes of housing needs in San Mateo County as a whole. 13https://www.lisc.org/media/filer_public/f0/e0/f0e07be0-1ca5-4720-b78c3a0d7a0181dd/022519_white_paper_community_land_trusts.pdf; https://groundedsolutions.org/tools-for-success/resourcelibrary/mortgage-financing-options.
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§
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3 HOUSING CONSTRAINTS
To facilitate the development, maintenance, and improvement of housing (especially affordable housing), the Housing Element must assess the potential constraints imposed by both City regulations and policies (i.e., “governmental constraints”), and by factors outside of City influence, such as market conditions (i.e., “nongovernmental constraints”). This assessment must address housing for all income levels, including housing for persons with disabilities.
Therefore, this Element analyzes the potential impacts of governmental regulations and policies on housing, including land use controls, fees and exactions, building codes, processing and permitprocedures, codes and enforcement, and on/off-site improvement standards. Likewise, it also assesses nongovernmental or potential market impacts, including land costs, construction costs, and the availability of financing. The findings of the analysis are outlined below. For any constraints to housing found within this section (via regulatory and/or market conditions), a program has been included in the Policies and Programs to address and mitigate the constraint
3.1 GOVERNMENTAL CONSTRAINTS
Governmental policies and regulations can result in both positive and negative effects on the availability affordability of housing. While government policies and regulations are intended to meet legitimate public purposes and further the public good, it is possible that they indirectly constrain the availability and affordability of housing to meet the community’s future needs.
The City complies with state transparency requirements. The City’s General Plan, Development Code, Inclusionary Housing Ordinance, other land use policy plans and regulations, and active project applications are available on the City’s website. Additionally, the City has available on the website a number of informational flyers and resources that describe the City’s zoning and development standards, project application procedures, and housing programs and services. In addition to complying with transparency requirements, project applicants are strongly encouraged to seek community input before presenting their project to the Planning Commission and City Council.
This section describes City policies and regulations that could potentially constrain the City’s ability to achieve its housing objectives. Each Housing Element must contain an “analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures” (Government Code Section 65583(a)). All Planning.
Building, Housing, and Public Works related requirements, including zoning, development standards,
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inclusionary requirements, and impact fees, to name a few, are posted online on the City’s website, www.cityofepa.org.
This section addresses every aspect of the residential development process: the regulations currently in place, the responsible City Departments and Divisions, and the role of the City Council and Planning Commission, developers, and the general public. This is followed by analysis of the potential of any of these to constrain residential development, and how this may be mitigated.
The governmental constraints analysisfocuses on factorsthe City can control and does not include State, federal, or other governmental policies or regulationsthat East Palo Alto cannot affect or modify. These City policies and regulations typically affect the City’s ability to meet future housing needs and secure adequate funding for the construction of affordable housing.
3.1.1 General Plan Residential Uses and Zoning Controls in East Palo Alto The City adopted Vista 2035, its General Plan, in October 2016, following the adoption of the RHNA 5 Housing Element. As described in the Land Use Element, residential uses are now permitted within eight General Plan designations. Each of these is described in Table 1 below alongside the zoning area that corresponds to it.
In addition to the below General Plan land uses, the Ravenswood/4 Corners Specific Plan, which was adopted in 2013 and established City’s only Priority Development Area,14 permits residential in three zoning areas: 4 Corners, Bay Road Central, and Urban Residential.
14 A Priority Development Area is an ABAG/MTC-designated area near public transit planned for new homes, jobs and community amenities. Ravenswood/4 Corners Specific Plan Area is a Connected Community PDA, meaning that it offers basic transit services, and the City has committed to policies that increase mobility options and reduce automobile travel.
Table 3.1.1.A: General Plan Land Use Designations and Related Zoning General Plan Land Use Designation Density
(du/acre) Related Zoning Density (du/acre)
Low Density Residential 12 R-LD 0-12
Medium Density Residential 12.1-22 R-MD 1/RM-D 2 12 to 15/12- 22 High Density Residential 22.1-43 R-HD 3/R-HD 5 22-43 Urban Residential 43.1-86 R-UHD 43-86
Mixed Use Corridor up to 65 MUC 1/MUC 2 22-65
Mixed Use Low up to 22 MUL 0-22
Mixed Use High up to 86 MUH 43-86
Neighborhood Commercial up to 22 CN 0-22
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The above zoning designations are found in Chapter 18 of the East Palo Alto Municipal Code (Development Code). The Development Code describes in detail the development standards for each zone, including minimum and maximum density, parcel area and width, lot coverage, floor area ratio (“FAR”), height, open space, setbacks, and parking.
The zoning standards for residential and mixed-use zones are summarized in the table below.
Table 3.1.1.B: Zoning Standards for Residential Zones
Zoning Min/Max
Dwelling
Unit/Acre
Min
Parcel
Area
Lot
Coverage
Height
(feet)
Open Space
(square
feet)*
Floor
Area
Ratio
(FAR)
Setback
(ft)
Parking
(spaces)
R-LD 0 to 12 5,000s.f.
50f wide
.5 26 750 .55 front 10
rear 10
side 5
1 for 1
bdrm; 2 for
2-4 bdrm;
3 for 5-6
bdrm
R-MD 1 12 to 15 5,000s.f.
50f wide
.6 30 250 common
1-200 private
.65 front 20
rear 20
side 10
1 for 1
bdrm; 2 for
2-4 bdrm;
3 for 5-6
bdrm
R-MD 2 12 to 22 5,000s.f.
50f wide
.6 36 250
common
1-200 private
.65 front 20
rear 20
side 10
1 for 1
bdrm; 2 for
2-4 bdrm;
3 for 5-6
bdrm 1
R-HD 3 22 to 43 12,000s.f.
50f wide
.7 36 100 common
50-100
private
.7 front 15
rear 20
side 10
1 for 1
bdrm; 2 for
2-4 bdrm;
3 for 5-6
bdrm
R-HD 5 22 to 43 12,000s.f.
50f wide
.7 60 100
Common
.7 front 15
rear 20
1 for 1
bdrm; 2 for
Ravenswood/4 Corners Specific Plan Zoning
Ravenswood/4 Corners Specific Plan Density
(du/acre) Related Zoning Density (du/acre)
4 Corners up to 60 n/a n/a
Bay Road Central up to 50 n/a n/a
Urban Residential up to 40 n/a n/a
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50-100
private
side 102-4 bdrm;
3 for 5-6
bdrm
MUL 0 to 22 12,000.s.f
100f wide
1 361 front 0
rear 5
side 5
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm
MUC 1 22 to 65 12,000.s.f
100f wide
1 60 1.25 front 0
rear 5
side 5
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm
MUC 2 22 to 65 12,000.s.f
100f wide
1 60 1.25 front 0
rear 5
side 5
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm
MUH 43 to 86 12,000.s.f
100f wide
1 8 stories or
100’,
whichever
is greater
2.5 front 0
rear 5
side 5
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm
R-UHD 43 to 86 12,000s.f.
50f wide
.7 7 stories or
75’,
whichever
is greater
50 common
50 private
None front 20
rear 20
side 10
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm 1
UR 0 to 40 n/a1 60 n/a1 front 5
rear 20
side 5
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm
BRC 0 to 50 n/a1 5 stories
above
grade
n/a 2.0 for
non-
residential
area
front 6
rear 30
side 10
1 for 1
bdrm; 2 for 2-4 bdrm;
3 for 5-6
bdrm
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4 Corners 0 to 60 n/a 1 6 stories
above
grade
n/a 1.5 front 6
rear 30
side 10
1 for 1
bdrm; 2 for
2-4 bdrm;
3 for 5-6
bdrm
* Per dwelling unit
3.1.2 Type of Residential Development Permitted in Each Zone – Zoning for a Variety of Housing Types
The table below shows which residential or mixed-use zones allow for different types of residential development.
Table 3.1.2.A: Types of Residential Development Permitted in the City’s Residential and Mixed-Use Zones Type Single
Family*
Duplex Triplex QuadplexMulti
(5+)
Mobile
Home
SRO Assist.
Living*
Supportive
Housing
Transitional
Housing
R-LD
R-MD
R-UHD
MUC
MUL
MUH
UR
BRC
4 Corners
Yes
Yes
Yes
No
No
No
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
*Detached and attached single family dwellings.
*Requires Administrative Use Permit for 7 or more occupants.
3.1.3 Supportive, Transitional, and Emergency Housing Uses As shown in Table 3.1.2.A above, Supportive and Transitional Housing are permitted uses within all residential zones in the City.
Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). Emergency Shelters are permitted by-right in the City’s Industrial Transition zone, which is located in the Ravenswood/4 Corners Specific Plan Area.
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This is compliant with Government Code Sections 65583(a)(4) and (5), which specify that local governments must identify at least one zone where emergency shelters are permitted by-right and that transitional housing and supportive housing must be considered a residential use subject to the same restrictions as other multifamily dwellings in the same zone. Emergency Shelters will only be subject to the written, objective standards outlined in CA Government Code Section 65583(A)(4)(B) as required by law.
The City has one Low-Barrier Navigation Center (LBNC), a shelter operated by Project WeHOPE at 1836-54 Bay Rd. Consistent with Assembly Bill (AB) 101, a LBNC is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. A LBNC is defined as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy (Gov. Code, § 65660).
As indicated above, East Palo Alto’s Development Code recognizes a range of housing types as permitted in a variety of zoning districts. In addition to other forms of supportive housing, single room occupancy units (SROs) are also permitted uses in all residential zoning districts. This allows the City to provide for a variety of housing types for a wide range of residents.
The Housing Element includes programs (see Chapter 6, Goal 10) to update the City’s Development Code to comply with current state law regarding permanent supportive housing and emergency shelters.
3.1.4 Housing for People with Disabilities
Housing Element law requires jurisdictions to analyze potential governmental constraints to the development, improvement, and maintenance of housing for people with disabilities.
Residential Care Facilities
As shown in Table 3.1.C, residential care facilities for six or fewer persons are permitted by-right in all residential zones in East Palo Alto. For seven or more individuals, a conditional use permit is required.
Residential care facilities for seven or more individuals are subject to the requirements of the base residential zone where the facility is located, in addition to the following standards:
1. Applicable requirements of the California Building, Housing, and Fire Codes are met;
2. No sign which calls attention to the fact that the property is a residential care facility is posted;
3. Is not located within 500 feet of the boundaries of a parcel with a residential care facility (whether licensed or unlicensed), with six or fewer residents; and
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4. Is not located within 750 feet of the boundaries of a parcel with another residential care facility with seven or more individuals.
The Housing Element includes a program (see Chapter 6, Goal 10) to update the City’s Development Code to comply with current state law regarding residential care facilities.
Definition of Family
The definition of family in the Development Code of the City of East Palo Alto is: One or more persons occupying a premises and living as a single nonprofit housekeeping unit as distinguished from persons occupying a club, fraternity, hotel, or sorority house. A family shall be deemed to include necessary servants.
This definition encompasses different living arrangements, including individuals with disabilities that may live with a caregiver or adults living in a group setting.
The Housing Element includes programs (see Chapter 6, Goal 10) to clarify in the City’s Development Code that the definition of a housekeeping unit can include unrelated individuals living together as a single household.
Reasonable Accommodations
Chapters 14.10 of the East Palo Alto Municipal Code and Chapter 18.98 of the East Palo Alto Development Code lays out the process for “Reasonable Accommodations” for individuals with disabilities, which are described as an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. A request for Reasonable Accommodation may be made to the City to modify zoning or other land use regulations or policies that act as a barrier to accessing fair housing. Requests for Reasonable Accommodations are reviewed at the staff level. The City also have adopted an ADA Compliance Plan for public accessibility improvements.
Housing for Adults with Developmental Disabilities
With the increase in adults with developmental disabilities across San Mateo County and in East Palo Alto since the prior Housing Element, the lack of an existing licensed care facility in East Palo Alto for adults with developmental disabilities may pose a barrier to living independently in affordable housing or put individuals with developmental disabilities at risk of displacement. The Policies & Programs section attempts to address some of these barriers as part of Goal 7, Create more housing opportunities for special needs households, including large households, people at risk of or experiencing homelessness, and individuals with disabilities.
The lack of sufficient extremely low income and very low income units that are suitable for persons with disabilities presents a further challenge for individuals seeking independent living accommodations, which often requires units with affordable rents.
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3.1.5 Permit Types and Levels of Review
The “level of review” and total processing time required for different types of residential developments will vary based on the permit types associated with each development. Table 3.1.D summarizes the typical types of permits required for residential projects. Table 3.1.G presented later in this chapter describes average processing times for typical single-family and multi-family projects. Subdivisions and larger multi-family projects typically requiring a public hearing and Planning Commission action or recommendation. Single-family homes, duplexes, and quadplexes can typically be approved at an administrative or staff level. Review times can be longer for complex projects that require City Council approvals, such as projects requiring a legislative action (General Plan or zoning change), projects with a development agreement, projects that require a relocation plan, projects seeking alternative compliance with the City’s inclusionary housing ordinance, controversial projects that are appealed to the City Council, and if a project is revised several times during the development review period. Projects that require an EIR or Mitigated Negative Declaration also require additional processing time to comply with the California Environmental Quality Act. Alternatively, qualifying SB9, SB35, and SB330 projects can experience a more facilitated development review process as prescribed by state law. [Intentionally Left Blank]
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Table 3.1.5.A: Permit Types and Levels of Review
Permit Type Description Review Time (approx.)
Planning Administrative/Staff Level
Zoning Clearance Review to determine compliance with
Development Code and clear for Building
review
2-4 weeks
Administrative Use Permit Permit for an allowable use; review to ensure specific use is compatible with other existing
or surrounding uses
1-2 months
Temporary Use Permit Review to permit specific limited-term uses 45 days to 3 months Lot split/line adjustment/merger Creation of multiple lots or a single lot 2-4 months Reasonable accommodations Permit to make modifications to residential properties to accommodate people with
disabilities
Planning Public Hearing/Planning Commission Action
Design Review Review of projects for compliance with
provisions of Development Code and
architectural design guidelines
2-3 months
Tentative Map Review of map required when subdividing a parcel
3-4 months
Condominium Subdivision* Review of subdivision for creation of condominiums
3-4 months
Building Permit Review
Building Plan Review Review plans to determine compliance with Building Code.
30 days
Planning Review Resubmittal Re-check of building plans 2 weeks *Requires City Council approval
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3.1.6 General Plan Findings for Residential Projects
Review and approval of a residential project are based upon findings of consistency with the General Plan.
These findings are provided below.
For Subdivision Tentative Map (18.52.060 of the East Palo Alto Municipal Code):
A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and this Article.
B. The site is physically suitable for the type and proposed density of development.
C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.
E. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board.
F. The design of the subdivision provides, to the extent feasible, passive, or natural heating and cooling opportunities.
G. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.
For Site Plan and Design Review (18.86.050 of the East Palo Alto Municipal Code):
A. The proposed development is consistent with the General Plan and any application specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations.
B. The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development.
C. The proposed development complies with the applicable standards of review.
D. 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.
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3.1.7 Ministerial Processes and Compliance with Other State Mandates The City has adapted to changes in state law over the last eight years, incorporating state-mandated ministerial review into Planning review processes for eligible projects and creating forms for applicants to streamline review.
SB 35 Projects. East Palo Alto is subject to the SB 35 Streamlined Ministerial Review Process for projects with a minimum of 10% of units affordable to lower-income households. The Planning Division developed an application checklist and conformance letter for these projects to allow for the City to process the application within the time periods required by state law. As of the date of publication, the City has successfully processed two SB 35 applications, which will enable them to apply for building permits.
SB 9 Projects. The Planning Division developed an SB 9 checklist for developers to efficiently determine compliance with the new state law. As of the date of publication, the City has successfully completed reviews for four preliminary SB 9 applications, which will enable them to proceed to apply for building permits.
Accessory Dwelling Units. ADUs and JADUs are processed initially through a Zoning Clearance process to confirm development standards are met. Applicants fill out the Zoning Clearance form as part of their application and can be efficiently cleared for Building review and inspection if they meet all development standards.
Low-Barrier Navigation Centers (AB 101). Pursuant to state law, Low-Barrier Navigation Centers (or “LBNCs”) are a use by-right in areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets specified requirements. The single LBNC in East Palo Alto, located at 1836 Bay Rd., is an example of this type of use.
SB 330. The City is compliant with SB 330, also known as the Housing Crisis Act, by allowing for applicants to submit a “preliminary application” for a residential development; limiting the number of hearings associated with a single project, as provided by the law; processing applications within the timeframes provided by the law; only applying the standards permitted by the law; and adhering to the prohibition of demolition or housing and/or requiring replacement units (when applicable).
Housing Accountability Act. The City complies with the Housing Accountability Act (Government Code section 65589.5) in its review of each residential development, and City staff is well-versed in the limitations of local government to deny, reduce the density of, or make infeasible residential developments on any basis except for non-compliance with objective local development standards. The City has committed resources to refining its objective development and design standards to further streamline approval of residential developments and provide clarity to the City’s decision-making bodies, including the Planning Commission and City Council, in addition to the general public.
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State Density Bonus law. The City applies state Density Bonus law in reviewing projects that request additional density, concessions, or waivers pursuant to Government Code Sections 65915 – 65918. Applicants are required to submit a letter to the City with their Density Bonus request. Housing staff works closely with planning staff to implement the local ordinance that implements the state law. The City has processed several applications with a Density Bonus, including 100% affordable housing projects and projects with an inclusionary obligation, and executed multiple Density Bonus agreements.
3.1.8 Inclusionary Housing
On November 19, 2019, the East Palo Alto City Council adopted Ordinance No. 425, the Inclusionary Housing Ordinance (IHO), adding Chapter 18.37 to the City of East Palo Alto Development Code. All residential development projects that create new dwelling units are subject to the IHO. The Inclusionary Housing Plan for a residential development must be submitted concurrently to the Housing Division with the Planning application and is considered in the first round of application review.
For projects with fewer than 5 units, the inclusionary obligation is either payment of a proportional percentage of an in-lieu fee or providing one inclusionary unit on-site. Projects with 5 or more units are required to provide 20% of the total number of units on-site at affordability levels ranging from 35% of the Area Median Income (AMI) to 120% AMI, depending on whether the development is rental or for-sale. Developers may propose an alternative compliance option to the inclusionary requirement, which requires approval by the City Council. The table below provides a breakdown of inclusionary housing requirements and compliance options, available on the City’s Housing webpage. The IHO’s in-lieu fees are updated annually and incentivize developers to build the affordable housing units, rather than pay the fees.
Since the IHO’s effective date, several residential development projects with inclusionary units have been successfully entitled or cleared for Building permit review. Smaller development projects, such as those with two units or single-family dwellings with ADUs, have provided deed-restricted affordable ADUs as an alternative compliance option to the fee payment requirement.
The City Council adopted the Inclusionary Housing Ordinance in 2018 in response to community input requesting that residents in East Palo Alto who work in maintenance, food service, and administrative jobs, with a median income nearly half of the average median income of the County, also have an opportunity to live in East Palo Alto. The community was seeing exponential increases in housing costs due to the increase in tech industry jobs and the proximity of tech companies (primarily Meta, formerly known as Facebook, in Menlo Park and Amazon in East Palo Alto), and requested the City Council to pass a policy that would ensure new housing developments included housing units affordable to lower income households.
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Table 3.1.8.A City of East Palo Alto Inclusionary Housing Compliance Options Ownership/For-Sale Residential Developments
COMPLIANCE OPTIONS OBLIGATION REQUIREMENT
On-Site 20% 10% of units at Median Income
10% of units at Moderate Income
Off-Site 25% 13% of units at Median Income
requires City Council approval 12% of units at Moderate Income In-Lieu Fee 25% $190,000 per inclusionary unit (FY22-23) requires City Council approval
Rental Residential Developments
COMPLIANCE OPTIONS OBLIGATION REQUIREMENT
On-Site 20% 5% of units at 35% AMI
10% of units at 50% AMI
5% of units at 60% AMI
Off-Site 25% 7% of units at 35% AMI
requires City Council approval 12% of units at 50% AMI
6% of units at 60% AMI
In-Lieu Fee 25% $259,000 per inclusionary unit (FY22-23) requires City Council approval
Source: City of East Palo Alto Inclusionary Housing webpage, available at www.cityofepa.org/housing The table below is an inclusionary housing policy comparison across San Mateo County. As shown, East Palo Alto’s IHO fits within the typical 15-20% inclusionary requirement range for both for-sale and for rent housing developments.
The IHO has provided the City with tools that help meet the City’s regional housing needs allocation (RHNA) goal for constructing lower-income units, and affirmatively furthers fair housing by promoting integration of lower-income households with higher-income households. However, residential developers have identified the City’s IHO as a major constraint that impacts the financial feasibility of their projects due to the inclusionary housing level and the affordability levels. This may be further exacerbated by market conditions outside of the City’s control. As a result, the IHO allows developers to propose Alternative Compliance Options if developing units on-site is not feasible, and encouragers developers to build the affordable housing units rather than pay the in-lieu fees.
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Table 3.1.8.B Local Jurisdictions in San Mateo County with Affordable Housing Policies and Fees Source: Housing Leadership Council of San Mateo County, Building on Success: How San Mateo County can Meet the Need for Affordable Homes, Table 5, https://hlcsmc.org/data/.
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3.1.9 City Local Tax Measures
As discussed in Section 2.12, Potential Funding Sources to Preserve Affordable Housing, the City has committed to establishing an on-going local funding source for affordable housing production and preservation, fair housing programs, anti-displacement services, and workforce development programs through several voter-approved tax measures: Measures O, HH, and most recently Measure L. As opposed to impact fees that are one-time fees that are due at building permit issuance, the tax measures are annually taxes that are assessed and paid annually by property owners. Measures O and L are a business tax on rental property, while Measure HH is a parcel tax that applies only to large office development over 25,000 square feet. The Measures O and L business taxes affect the financial feasibility of projects so can be considered an impediment to residential development. However, these measures are also important tools for providing on-going financial resources to achieve many of the housing and fair housing programs in the City’s Housing Element.
3.1.10 Accessory Dwelling Units
The City adopted Ordinance No. 08-2020 on November 17, 2020, updating the City’s Development Code to reflect recent changes in state law. Applicants for ADUs and JADUs submit a Zoning Clearance application, available on the City’s Planning website, to confirm that all development standards are met. Once cleared by the Planning Division, the applicant may proceed to apply for a Building permit.
As a ministerial action, the Zoning Clearance process has significantly reduced processing times for ADUs and JADUs, with turnaround time on complete applications within a few days to a week. The majority of processing time is required for the Building permit phase, and can vary significantly depending on the project, the number and length of time between resubmittals, and the time required to obtain approvals from outside agencies such as Menlo Park Fire Protection District and East Palo Alto Sanitary District.
The number of ADU applications has also increased significantly since the start of 2020, with 30 Building permits issued in 2021 versus 13 in 2020.
3.1.11 Public Works and Engineering Review
The Public Works and Engineering Division reviews all residential development applications in the Design Review phase and following Planning entitlements. Engineering issues permits for on- and off-site improvements and grading, calculates City impact fees, and reviews tentative maps prior to Building Division review. This includes the subdivision improvement agreement, which lays out the public improvements, installation of utilities, grading, and drainage will be completed on the property.
Several City requirements for providing on- and off-site improvements apply to housing development, such as:
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• Green infrastructure
• On-site Low Impact Development (LID) improvements
• Street right-of-way dedications
• Street frontage improvement (e.g., curb, gutter, sidewalks and streetlights) • Water line improvement, including the water main installation along the property frontage and lateral service line with meter boxes and fire hydrants
• Sanitary sewer main installation along property frontage and lateral service lines; each parcel must be served by sanitary sewer or an individual sewage disposal system • Storm water drainage lines along property line street frontage • Street trees
• Regulated street widths for public urban residential roads, varying from 18 feet for a residential one-way loop to 40 feet for a residential collector
• Water, provided through a connection to a water supply system or through establishing a new water system; if neither is feasible, the Planning Director may allow the subdivider to provide water through an on-site well.
3.1.12 Building Division Review
The Building Division of the City of East Palo Alto enforces the Residential Building Code for the City of East Palo Alto, which is found in Chapter 15 of the East Palo Alto Municipal Code. This Chapter adopts the most recent California Residential Building Code (California Code of Regulations, Title 24) by reference. A Building permit is required prior to beginning any construction, reconstruction, addition, conversion, or alteration covered under the adopted California Codes.
The Building Division ensures that all new dwelling units meet all of the latest construction and safety standards. The division enforces building, plumbing, mechanical, electrical installations, accessibility, and energy compliance.
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REACH Codes
Since the adoption of the RHNA 5 Housing Element, the City has adopted stricter standards to reduce carbon emissions, known as the Building Electrification and Electric Vehicle Infrastructure REACH Codes Ordinance.
This Ordinance (07-2020), adopted in October 2020, amends East Palo Alto Municipal Code Chapter 15 to include REACH Codes that apply to California Energy Code and Green Building Code. The East Palo Alto Reach Codes were approved by the California Energy Commission on December 9th, 2020, and took effect on January 1st, 2021, on all new submissions for new construction. Learn about the REACH Code updates here.
The REACH Code requirements in effect as of 2022 are summarized in the table below. Note that effective 2023, the reach codes will be updated to reflect all-electric requirements and additional updates.
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Table 3.1.12.A: Summary of Reach Code Requirements (Prior to 2023) Building Type Building Electrification Solar EV Infrastructure Single Family Homes
and Townhouses
with Private Garages
All electric;
• Exception for Accessory
Dwelling Units (ADUs)
• Exception for 100% affordable
housing
N/A – Solar
already
required by
the
Residential
Code.
• One Level 2 (dryer plug/220 volt) + One Level 1
(110 volt)
• Single space garages to have one Level 2 charging.
• Exception for ADUs.
• Exception allowed if utility infrastructure
installation cost exceeds $400/dwelling for tax
credit-financed affordable housing.
Multi-Family All electric;
• Exception if demonstrated to be
infeasible.
• Exception for domestic water
heating projects granted
entitlements, with electrical prewiring.
• Exception for existing buildings
with physical constraints.
• Exception for 100% affordable
housing
15% of roof
area
Exceptions
for buildings
with limited
solar access
or vegetative
roofs.
• 10% of units with Level 2 charging: 90% of units
with Level 1 charging.
• Outlets may be shared between parking spaces.
• Local management software allowed.
• Exception allowed if utility infrastructure
installation cost exceeds.
• $4,500/dwelling for market rate, $400/dwelling for
tax credit financed affordable housing.
• Exception for projects granted entitlements.
Commercial All electric;
• Exception for restaurants,
cafeterias, with pre-wiring.
• Exception for emergency
operation centers, with prewiring.
• Exceptions for Life Science
buildings, with pre-wiring.
• Exception for existing buildings
with physical constraints.
15% of roof
area
Exceptions
for buildings
with limited
solar access
or vegetative
roof.
Office:
• 10 or more parking spaces – 10% of parking spaces with Level 2 charging;
• Additional 10% with Level 1 ready;
• Additional 30% EV capable.
• Exception for mechanical parking systems and locations without commercial power supply.
Other Nonresidential
Buildings (nonoffice)
Same as commercial Same as
commercial
• 10 or more parking spaces – 6% Level 2 Charging
Station
• Additional 5% Level 1 ready
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3.1.13 Total Processing Times for Residential Projects
The development review and permit process allow the City to ensure that residential development is accomplished in an orderly manner and complies with adopted building standards. This process can potentially act as a constraint to development if the associated time delays or costs place an undue burden on the developer.
As outlined above typical process varies depending on whether the process is administrative or discretionary; the main difference is the addition of a review and decision by the Planning Commission and/or City Council.
If an applicant is submitting an application for an ADU, an SB 35 project, an SB 9 project, or other statemandated ministerial review, the process is administrative. City staff reviews the application, works with the applicant to address comments, and approves the application if the comments are addressed.
East Palo Alto requires developers to obtain a series of approvals, or entitlements, before constructing any new development in the City, in order to ensure that new development is consistent with the City standards of design, health and safety. The entitlement process can be lengthy depending on the environmental analysis required for the project and requires payment of Planning Division permit and Engineering and Building Division plan check and permit fees.
Applicable submittal requirements for all application types are outlined in the Zoning Ordinance and in the Planning Department “Submittal Checklist” handouts. All applications, submittal requirements, and fee information are available on the City’s website, in each division’s page: Planning, Engineering, Building and Housing. The City’s practice is to request that the Planning Commission review all development applications as a whole (for example, an application for a rezoning is typically taken to the Commission along with a subdivision, design review and other entitlements). The Planning Commission typically meets twice each month, and projects subject to a CEQA categorical or statutory exemption typically do not delay the project further.
The table below shows average total processing times for “typical” residential projects:
[Intentionally Left Blank]
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3.1.13.A: Average Processing Times for “Typical” Residential Projects Type Assumed Actions Planning Approval Body Length of Time for Planning Approval
Building
Approval Body
Length of Time for
Building Approval
ADU/JADU Zoning Clearance and Building
review/inspection
Administrative (Ministerial) 1-2 months Administerial 30 days first review; 2 weeks resubmittals
Single Family
(1 unit)
Administrative Design Review,
Site Plan Review, Building
review/inspection
Administrative 3-6 months Administerial 30 days first review; 2 weeks resubmittals
Moderate-Sized
Multiple-Family
(2-4 units)
Tentative Map Review, Design
Review, CEQA – Categorical
Exemption, On/Offsite
Improvements, Building
review/inspection
Administrative or Planning
Commission
3-6 months for less complex
projects
6-12 months if Initial Study
required, consultant team, etc.
Administerial 30 days first review; 2
weeks resubmittals
Large MultipleFamily Tentative Map Review, Design
Review, CEQA – EIR, Zoning
Change, major grading,
On/Offsite Improvements,
Building review/inspection
Planning Commission (City
Council if Zoning or General
Plan Amendment proposed)
12-24 months Administerial 30 days first review; 2
weeks resubmittals
Note: For planning processing, assume 30 days for initial review, 30 days upon resubmittal for Planning and 30 days initial review and 2 weeks maximum upon resubmittal for Engineering or Building.
There are several other typical actions not included in the “assumed actions” above that may affect a project’s timeline but are not directly related to staff processing of the application.
For example, Planning Commission approval is required for midsize to large projects not subject to ministerial review (SB 35 projects, ADUs/JADUs); single-family homes are reviewed administratively. Allotting time to each development on the Planning Commission agenda with a limited number of meetings and several developments in the queue can increase the amount of time a project requires to obtain Planning approval.
Similarly, the City’s community outreach policy,2 which was adopted in May 2019, requires developers to engage in different levels of outreach based on the size of their project. While community outreach is a necessary and desired component of the development process, it is incumbent upon the applicant to fulfill these requirements, and they must do so in a timely manner.
The above timeframes may still reflect unforeseen delays due to several additional factors, both internal and external. As with all jurisdictions processing unprecedented numbers of development applications, City staff has made strides towards processing of ADUs and other types of Zoning Clearance, such as SB 35 projects, but staff also continue to seek ways to improve processing of applications. So far, the City has approved one multifamily housing project with a comprehensive tenant relocation plan, inclusionary housing obligation, and
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General Plan and zoning changes that took more months than provided. Beyond processing times, it is necessary to acknowledge that outside agency review times and infrastructure demands, as discussed above, have placed delays on projects, in some cases by months to years.
3.1.14 Cumulative Impact of Development Standards on Development of Housing Taking into account the above development standards and required review processes for different types of residential projects, there is clearly a relationship between the project’s requirements and the length of processing time. More complex projects require multiple levels of review—some relating to the City’s Development Code, and others relating to outside agencies, the need for environmental review, or the completeness of a development application – and so require additional time for approval.
The City has committed to updating the Development Code to further clarify and streamline residential development review, including through the adoption of objective development and design standards. These can be found in the Policies & Programs section under Goal 1 – Create more housing opportunities, and more housing that is affordable to East Palo Alto residents, and they are intended to remove barriers to housing development that are within the City’s control while balancing the need for robust community input and adhering to the goals of the General Plan.
During the period of high development activity from 2019 to the present, smaller projects have also seen lengthier processing times than usual due to limitations on staffing and other resources. However, staff experience with processing of ADUs and other ministerial review processes continues to lead to improvements in this area. The Policies & Programs section addresses further activities that City staff commit to completing over the coming eight-year period, under Goal 1 – Create more housing opportunities, and more housing that is affordable to East Palo Alto residents. The City also added a goal to increase staffing capacity to help shorten processing times.
3.1.15 Permitting Fees and Impact Fees
The City charges processing fees for each type of development permit and fees to mitigate the impacts of development on the City’s infrastructure. These fees are posted on the City’s website in compliance with the requirements of Gov. Code 65940.1 sudv. (a)(1)(A)). High planning and site development fees can impact property owners’ ability to make improvements or repairs. However, line item fees related to processing, inspections and installation services are limited by California law to the cost to the agencies performing these services. City zoning, through State Density Bonus Law and the Affordable Housing Overlay zoning, provide various incentives for affordable housing as a way to reduce project costs and address actual and potential constraints that fees and exactions may impose.
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The fees for the City of East Palo Alto are summarized below in Tables 3.1.15.A and 3.1.15.B for three typical developments: (1) a 2,000 square-foot single-family unit on a .11 acre lot; (2) a 15,000 square-foot, 10-unit forrent multi-family on an 0.7 acre lot; (3) an 80,000 square-foot, 100-unit for-rent multi-family project (with 800 square feet per unit) on a 2.5 acre lot; and (4) a 750 square foot detached accessory dwelling unit.
Tables 3.1.15.A and 3.1.15.B Hypothetical Residential Projects for Calculating City Permit and Development Impact Fees
Project Number of
Units
Average
Dwelling Size
(sq. ft.)
Total
Livable Sq
Ft
Assumed Density
(units/acre)
Site Size
(acres)
Value
Single-family
Home
1 2,000 2,000 n/a 0.11
(5,000 sq.
ft.)
$900,000 or
greater*
Townhouse
Project
10 1,500 15,000 14 0.7 $5M ($500K
per unit)
Multi-family
Project
100 800 80,000 40 2.5
ADU Unit 1 750 750 n/a n/a $195,000
*Valuation for Building may differ based on International Building Code costs used.
Table 3.1.15.A City Permit and Development Impact Fees by Project Type Fee Single-Family 10-Unit MultiFamily100-Unit
Multi-Family
Accessory
Dwelling Unit
(Detached 750 sq
ft+ = charge)
Agency Paid
To
Comments
Planning
Design Review 4313 13862 13862 n/a City of East
Palo Alto
n/a
Environmental Review n/a 7701 24643 n/a City of East
Palo Alto
n/a
Zoning Clearance
(Administrative Review)
n/a n/a n/a 618 City of East
Palo Alto
n/a
Zone Change (if needed) n/a 20023 20023 n/a City of East Palo Alto
n/a
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General Plan Amendment (if
needed)
n/a 20023 20023 n/a City of East
Palo Alto
n/a
Tentative Map (4 lots or less) (if
proposed)
n/a n/a n/a n/a City of East
Palo Alto
n/a
Tentative map (5-25 lots) (if
proposed)
n/a 21563 n/a n/a City of East
Palo Alto
n/a
Tentative map (>25 lots) (if
proposed)
n/a n/a 41893 n/a City of East
Palo Alto
n/a
Building
Building Permit Processing Fee $303 $303 $303 $303 City of East Palo Alto
Flat fee of $303
Building Plan Check Fee $1,818 $22,974.69 $46723.25 $1,251.39 City of East Palo Alto
Valuation determined
using International
Building Code.
$150.87/sq ft for one and
two-family residential
(ADU included)
$139.06/sq ft for multiple
family
Building Permit/Inspection $2722 $35,546.19 $99,276.45 $1,499.02 City of East Palo Alto
Valuation determined
using International
Building Code.
$150.87/sq ft for one and
two-family residential
(ADU included)
$139.06/sq ft for multiple
family
Building State Fees – State CA
Green Building Fee
$13 $142 $445 $6 California
Building
Standards
Commission
$1 for permits with
valuations up to $25,000.
Additional $1 for each
additional $25,000.
Building State Fees – State
Strong Motion Fee
$39 $980.70 $1,446.224 $14.63 California
Department of
Conservation
Valuation amount in
0.00013=fee amount;
minimum fee of $0.50 for
any valuation up to
$3,850
Engineering/Public Works
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Grading Plan Review $2,678
Assuming < 50
Cubic Yards
$5,357
Assuming
101 -
500 Cubic
Yards
$16,070
Assuming
>501 Cubic
Yards
Typically, no
grading permit
needed
City of East
Palo Alto
The grading plan review
charge is dependent on
the cubic yards (cut +fill)
total, so these numbers
are estimates
Grading Inspection $2,678
Assuming < 50
Cubic Yards
$16,070
Assuming
101 -
500 Cubic
Yards
$21,377
Assuming
>500 Cubic
Yards
Typically, no
grading permit
needed
City of East
Palo Alto
The grading plan review
charge is dependent on
the cubic yards (cut +fill)
total, so these numbers
are estimates
Impact Fees
Impact Fees - Parks & Trails $4,715 $3,248 x 10 $3,248 x 100 $1,886 City of East Palo Alto
Impact Fees - Public Facilities $8,268 $5,696 x 10 $5,696 x 100 $3,307 City of East Palo Alto
Impact Fees - Storm Drainage
(Inside RBD)
$5,521 $96,620 $345,070 $2,208 City of East
Palo Alto
Impact Fees - Storm
Drainage (Outside RBD)
$3,194 $79,851
Per Impervious
acre
$79,851
Per Impervious
acre
$1,278 City of East
Palo Alto
Impact Fees - Transportation $2,690 $2,025 x 10 $2,025 x 100 $1,076 City of East Palo Alto
Impact Fees - Water Capacity $9,293 $5,720 x 10 $5,720 x 100 $5,720 City of East Palo Alto
Other
Sewer East Palo Alto:
$6,060
(connection fee) +
$1,400 (plan check
fee, sewer service
charge, permit
application fee)
East Palo Alto:
$6,060
(connection
fee) +
$1,400 (plan
check fee,
sewer service
charge,
East Palo Alto:
$6,060
(connection
fee) +
$1,400 (plan
check fee,
sewer service
charge,
Connection fees
are charged
proportionate to
the burden of the
ADU compared to
the primary
dwelling.
East Palo Alto
Sanitary
District
Cost varies
depending on
Sanitary District.
Cost varies
depending on
Sanitary District.
Charges for Fair
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Comparison:
West Bay Sanitary
District: $8,501
(connection fee)
Fair Oaks: $6,153
(connection fee) +
$380 (development
fee)
permit
application fee)
Comparison:
West Bay
Sanitary
District: $8,501
(connection
fee)
Fair Oaks:
$24,612
(connection
fee) +
$380
(development
permit
application fee)
Comparison:
West Bay
Sanitary
District: $8,501
(connection
fee)
Fair Oaks:
$24,612
(connection
fee) +
$380
(development
East Palo Alto Oaks assumes 1” for
single family and 2”
for multifamily.
School Ravenswood
School District
$4.08 per sq ft (effective
July 2022) - same across
Belmont, Las Lomitas,
Menlo Park, Portola
Valley, Ravenswood,
Redwood City, San
Carlos, and Woodside
Fire $427 $427 $427 $427 Menlo Fire
Protection
District
Includes site review and
assumes one resubmittal
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Table 3.1.15.B summarizes the types of fees that are typically required for common residential development types:
Table 3.1.15.B: Fees by Residential Development Types (FY 2022-2023) Single Family Home Residential
Planning – Entitlements
(~$4,313)
Building – Construction
** (~$4,895)
Impact Fees
(~$33,681)
Other Agency Fees
• Administrative Design
Review
• Engineering Design Review
support
• Building Design Review
support *
• Processing
• Plan Check
• Building Inspection
• Engineering Offsite Improvements
• Engineering Review of Building Permit
• Address Assignment (per unit)
See table below • Menlo Park Fire Protection District ($427) • Sequoia Union High School District ($4.08
per sq ft)
• East Palo Alto Sanitary District (~$7,460)
10-Unit Multifamily Development
Planning – Entitlements
(~$13,862)
Building – Construction
(~$59,947)
Impact Fees
(~$525,621)
Other Agency Fees
• Planning Application Fees
• Engineering Review
• Building Design Review*
• CEQA
• Engineering Grading Permit
• Engineering Review of Building Permit
Multi-Family
• Building Processing Fee
• Building Plan Check
• Building Inspection
• Final Map
See table below • Menlo Park Fire Protection District ($427) • Sequoia Union High School
District ($4.08 per sq ft)
• East Palo Alto Sanitary District (~$7,460)
100-Unit Multifamily Development
Planning – Entitlements
(~$13,862)15
Building – Construction
(~$148,194)
Impact Fees
(~ $2,093,821)
Other Agency Fees
• Planning Application Fees
• Engineering Design
Review
• Building Design Review*
• CEQA
• Engineering Grading Permit
• Engineering Review of Building Permit
Multi-Family
• Building Processing Fee
• Building Plan Check
• Building Inspection
• Final Map
See table below • Menlo Park Fire Protection District ($427) • Sequoia Union High School
District ($4.08 per sq ft)
• East Palo Alto Sanitary District (~$7,460)
Notes:* A Planning permit (Building Design Review) is not required when SB 9 or SB 35 is applied. ** Based on typical square footage.
15 Fee is assuming there is no Zoning or General Plan update.
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Permitting Fees
Planning and application fees offset the costs the City incurs in the development review process. All current planning and permit fees as adopted by City Council are included in the Master Fee Schedule, available at:
https://www.cityofepa.org/finance/page/comprehensive-fee-schedule and in the tables below.
Outside Agency Fees
Development review and impact fees are collected by agencies separate from the City and must be paid prior to issuance of a Building permit. These include school district fees, fire district fees, and sanitary district fees.
Sequoia Union High School District, Menlo Park Fire Protection District, and East Palo Alto Sanitary District are responsible for these fees and applicants are required to contact each agency for a fee estimate for their project.
Sanitary District Fees
The East Palo Alto Sanitary District (EPASD) is in the process of updating its fees, so current fees vary greatly by project. According to the 2019 EPASD Fee Schedule, connection fees are $6,060.16 There is an additional cost of $1,400 for the plan check fee, sewer service charge, and permit application fee. Neighboring West Bay Sanitary District charges a connection fee of $8,501,17 and Fair Oaks Sewer Maintenance District charges a connection fee of $6153 and an additional development fee of $380.18 Based on these fees, EPASD’s 2019 fees are comparable to other sewer districts’ fees.
Development Impact Fees
The City collects development impact fees to fund capital infrastructure project or public facilities costs attributable to development impacts. Development impact fees are typically due at the time of building permit issuance. The legal requirements for enactment of an impact fee program are set forth in Government Code Sections §66000 – 66025 (the “Mitigation Fee Act”), also commonly referred to as AB 1600.
In July 2020, the City Council adopted Resolution No. 108-2020, the first major revision of the City’s Comprehensive Fee Schedule, effective September 20, 2020. Development impact fees are studied and adopted separately from user and regulatory fees and are generally amended annually by the change in the Construction Cost Index, or CCI, published by Engineering News Record. Since 2020, the City’s development impact fees have risen annually by this amount. Most recently, in FY 2022-23, development impact fees increased by 8.9%, 16 https://www.epasd.com/home/showpublisheddocument/3232/636930162743300000 17 https://westbaysanitary.org/wp-content/uploads/2021/07/CODE-OF-GENERAL-REGULATIONS-revised-07-01-2021.pdf#page=49 18 https://www.fowd.com/rates-fees
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in accordance with CCI. The authorizing Municipal Code section and resolution adopting each fee is summarized in the table below:
Table 3.1.15.C: Authorizing Municipal Code and Resolutions by Fee Type Fee Type Authorizing
Municipal Code
Authorizing Fee Setting
and Annual Increase
Parks & Trails
13.28.040 Reso – 5093 &
MC – 13 .28.100
Public Facilities
Storm Drainage:
Inside Ravenswood Business District
Outside Ravenswood Business District
Transportation
Water Capacity 13.24.100 Reso – 5004
Affordable Housing Commercial Linkage 18.40.010 Reso – 118-2020 Projects Subject to Impact Fees
The table below shows the types of development projects that are subject to each of the development impact fees, and the amount in FY 2022-23: It should be noted that state law exempts development impact fees for Accessory Dwelling Units (ADUs) less than 750 square feet in size and the City does not impose impact fees on attached ADUs, so the ADU fees listed below only apply to detached ADUs exceeding 750 square feet.
Additionally, ADUs fees are set based on a proportion of the fees charged for new single-family dwellings.
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Table 3.1.15.D: Development Impact Fees
Fee Type How It Is Charged Development Type Amount
Commercial Linkage Per Square Feet (sq ft) Office/Medical/R&D above 10,000 sq ft $12.81 Parks & Trails Per dwelling unit Detached ADU
Single Family
Multifamily
$1,885.61
$4,714.61
$3,247.64
Public Facilities Per dwelling unit Detached ADU
Single Family
Multifamily
$3,306.96
$8,267.96
$5,695.63
Storm Drainage Per dwelling unit – single
family and ADU
Detached ADU in RBD*
Single Family in RBD
$2,208.45
$5,521.10
Detached ADU outside RBD
Single Family outside RBD
$1,277.61
$3,194.03
Per impervious acre – all
other land uses
In RBD $138,027.50
Outside RBD $79,850.62
Transportation Per dwelling unit Detached ADU
Single Family
Multifamily
$1,075.70
$2,689.83
$2,024.79
Water Capacity Per dwelling unit Detached ADU
Single Family
Multifamily
$5,719.58
$9,293.47
$5,719,58
*Ravenswood Business District/4 Corners Specific Plan Area The current Development Impact Fees can be found in the City’s Master/Comprehensive Fee Schedule, which is published online on the City website: https://www.cityofepa.org/finance/page/comprehensive-fee-schedule Fee Comparisons across Jurisdictions in San Mateo County The table below shows a comparison of East Palo Alto’s responses with the other jurisdictions in San Mateo County to a survey conducted by 21 Elements in preparation for the Housing Element. The responses were provided for single family homes, a prototypical 10-unit multiple-family building, and a prototypical 100-unit multiple-family building.
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Table 3.1.15.E: Fee Comparison Across Jurisdictions in San Mateo County Jurisdiction Single Family Small Multiple-Unit Large Multiple-Unit Atherton $15,941 No Data No Data
Brisbane $24,940 $11,678 No Data
Half Moon Bay $52,569 $16,974 No Data
Hillsborough $71,092 No Data No Data
Pacifica $33,725 $40,151 No Data
Portola Valley $52,923 No Data No Data
Woodside $70,957 $82,764 No Data
Redwood City $20,795 $18,537 $62,696
Millbrae $97,756 $6,824 $55,186
San Mateo $99,003 $133,658 $44,907
San Bruno $58,209 $72,148 $39,412
South San Francisco $81,366 $76,156 $32,471
Burlingame $69,425 $30,345 $23,229
East Palo Alto $80,866 $30,812 $19,181
Colma $6,760 $167,210 $16,795
Daly City $24,202 $32,558 $12,271
Foster City $67,886 $47,179 $11,288
Unincorporated San
Mateo County
$36,429 $27,978 $10,012
Source: 21 Elements Fee survey; East Palo Alto. (Note that this survey was conducted in 2021 and contains fees from FY 2021-22).
As is shown above, East Palo Alto’s fees for multiple-family units fall within the mid- to lower range, while the per-unit single family home fee is among the higher fees. This may be attributed to the City’s Inclusionary Housing In-Lieu Fee, a portion of which is required for a single-family development and are most easily calculated for this type; it is unclear if inclusionary fees were assumed in other jurisdictions. Please note that the fee survey did not include outside agencies’ fees, such as school districts, fire districts, or sanitary districts. 21 Elements placed these costs into the context of total development costs for multiple-family housing in the area, based on a report by Century Urban.3 Based on the estimated development costs, East Palo Alto’s fees comprise approximately 4% of those costs for all three development types. This is comparable to other jurisdictions.
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3.2 INFRASTRUCTURE CONSTRAINTS
3.2.1 On and Off Site Improvements
As part of any development project, the City will evaluate and determine the appropriate on and off-site improvements. The type and extent of the improvements often relate to the type, size, complexity, and location of the project. Although each project is reviewed on a case-by-case basis, the City has procedures for determining when frontage improvements are required, which can help make the process more predictable.
Whenever a discretionary approval is required for a project, the City can require frontage improvements where none already exist. For new residential projects, if no frontage improvements exist, then new frontage improvements are required and they must meet City standards. The frontage improvements should generally match those of adjoining or nearby properties for aesthetic consistency and ease of use and shall include a curb, gutter, sidewalk, street trees, and street lights. A typical vertical curb, gutter and sidewalk would consist of an 18-inch gutter, 6-inch curb, and a minimum 5- foot sidewalk. In some instances, a planter strip or wider sidewalk may be required, depending on the location.
In cases where there are already existing frontage improvements, the owner is typically responsible to remove and replace damaged frontage improvements. Generally, off-site improvements occur within existing right-ofway and no additional land dedication or public easements are needed. Therefore, there should be no impacts to development setbacks, density or floor area ratio, which are important factors for making a development work.
New residential developments must also comply with the City’s Water Efficient Landscape Ordinance (Chapter
17.06) , which provides standards and guidelines for ensuring landscape designs are water efficient and prioritize water conservation.
All of these requirements add to the cost of construction. Financial incentives (such as fee waivers/credits) for affordable housing would help reduce costs and allow affordable housing development to be more feasible.
3.2.2 Water Infrastructure Availability
In addition to requiring jurisdictions to analyze each site for water and infrastructure availability, the Housing Element also should include a detailed description of existing or planned water, sewer, and other utilities supply citywide, past challenges related to infrastructure, and how the City has responded since the last Housing Element.
In East Palo Alto, a previous impediment to the production of residential units was a lack of water supply, ultimately leading to a 2016 moratorium on all new development due to the water emergency. In July 2017, the
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City entered into an agreement with the City of Mountain View for $5 million to receive an allocation of 1 million gallons of water per day from San Francisco Public Utility Commission (SFPUC), and in 2018, the City received an allocation of 0.5 million gallons per day from Palo Alto, allowing the City to resume development.
With these added water allocations, the moratorium was lifted in 2018. The City will be able to meet the water demand that is necessary to accommodate planned growth to 2035 in accordance with the City’s General Plan.
Since the end of the water moratorium, the City has seen a major increase in development proposals.
While the City’s securing of these permanent water transfers has improved the overall water supply, the City continues to face the challenge of water distribution and storage, similar to other jurisdictions statewide.
However, the City has taken major steps to address these shortfalls over the last five years.
The City worked with EKI Environment & Water to draft an updated Water System Master Plan (“WSMP”), which is available online. The WSMP identifies cost-effective strategies to upgrade the existing distribution system to meet the current and future water demand by providing a 20-year capital improvement program to help guide future capital expenditures in the City and a calibrated distribution system hydraulic model using the City’s geographical information system.
On October 4, 2022, the City approved the 2022 Water System Master Plan (WSMP) and appropriated nearly $8.4 million to design and build several key City water infrastructure projects over the next two years. The WSMP is intended to provide the City with an overall plan for potable water infrastructure improvements for the next twenty (20) years to maintain water system reliability and support anticipated development within the City. The WSMP assesses the current operations and functionality of the City’s existing water system, identifies deficiencies, and prioritizes recommendations for future water system improvements to address both current operational issues and plan for future residential, commercial and industrial growth with the City’s water service territory.
Final designs for the water infrastructure projects are underway, with construction to begin in Summer 2023 and be completed by the end of the year. In the meantime, high-density housing proposals currently have the infrastructure constraint of needing to provide the water infrastructure and water pressure to meet fire flow requirements. For example, the Euclid Improvements Project agreement approved by City Council in November 2022 required that the developer provide a 1.5-million-gallon water tank and pump station (and the land it is on), to improve the overall water conveyance, supply and pressure in the neighborhood. A portion of the new infrastructure would be credited against the water capacity fees and public facilities fees to the developer, and the cost incurred by the developer in excess would be considered a community benefit, provided, the cost of the water tank and pump station, as well as related land, exceeds the required water capacity fees and the public facilities fees by at least $2,000,0000.
The City also has initiated and completed several key capital improvement projects aimed at improving water storage and distribution citywide:
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• O’Brien Turnout Connection Upgrade Project – completed • Purdue Ave. 16-inch transmission main, which includes installation of a new turnout connection to the SFPUC (San Francisco Public Utilities Commission) system to feed the Ravenswood Business District – design complete
• Gloria Bay Well – completed
• Pad D Standby Well to secure an emergency source of potable water supplies in the event of an emergency interruption of supplies from the San Francisco Public Utilities Commission) – under construction • University Ave and Cooley Ave 12-inch Water Transmission Main – design 100% complete and projected completion early 2023
• Water System Master Plan 2022 which will be used to create a water capital improvement program that includes both maintenance and expansion of the City system- Adopted by resolution • Weeks Street Water Line Improvements – Funds have been allocated for the design and construction of the Weeks Street Improvements which will help serve 965 Weeks Street’) and the surrounding neighborhood.
• Woodland Avenue Gap Closure and Palo Alto Emergency Intertie – Design 100% complete and being reviewed by the City of Palo Alto for connection to their system for emergency flow.
The City of East Palo Alto is required by the California Urban Water Management Planning Act to prepare and adopt an Urban Water Management Plan (UWMP) and an associated Water Shortage Contingency Plan (WSCP) every five years. The purpose of the UWMP is for long term water resource planning; it ensures that sufficient water supplies meet existing and future water needs. Through the UWMP, the City identifies all water needs for long-range planning. The WSMP then provides a plan to fill any water infrastructure gaps that are needed to support RHNA sites. The last UWMP was the 2020 UWMP, adopted Summer 2021, based on the General Plan Vista 2035. The next UWMP will be adopted Summer 2026.
With the aforementioned and future improvements in place, the City will be much better positioned to accommodate existing and future water demand and to ensure the health and safety of residents. As identified in the UWMP, the City has adequate water supply.
3.2.3 Water Improvements for Pipeline Affordable Housing Projects The Weeks Street Line Improvements and University Avenue and Cooley Avenue 12-inch Water Transmission Main are necessary to carry forward the City’s 95-unit affordable housing project known as Colibri Commons (formerly known as 965 Weeks). The East Palo Alto City Council approved water infrastructure upgrades,
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which includes upsizing the 8” water main on Weeks Street between Cooley Avenue and Pulgas Avenue with a new 12” PVC main, as well as completing the design for the University Avenue 12” water Transmission Main Project. The City is funding a portion of the $7.6 million allocated for the design and construction of both these projects would provide the improved water flow needed to serve the future development of Colibri Commons.
Colibri Commons affordable housing development is scheduled to break ground in late 2023.
3.2.4 Sewer Infrastructure Availability
Many development projects have experienced delays due to the lack of a sanitary sewer connection from the East Palo Alto Sanitary District (“EPASD”). EPASD is a special district, and operates independently from the City. Special districts are local public/government agencies established by residents of a community to provide a service not provided by the county or city. Sufficient sewer treatment capacity is available to meet the planned growth for the City to 2035 as described in the City’s General Plan. However, upgrades to the sanitary sewer infrastructure system are necessary to accommodate new development. If sanitary sewer issues with EPASD are not resolved, East Palo Alto will continue to fall behind on its RHNA. It will be essential to document in the Housing Element the process and outcomes of the San Mateo County Local Agency Formation Commission (“SMCLAFCo”).
A Municipal Service Review (“MSR”) and sphere of influence update was adopted by SMCLAFCo on June 15, 2022. Additionally, subsequent actions by EPASD were discussed and addressed by City Council on June 21, 2022. A City Council study session to discuss next steps based on the SMCLAFCo recommendations was held on July 26, 2022. On October 18, 2022, the City Council adopted a resolution authorizing the submission of an application to the SMLAFCo requesting proceedings to establish the East Palo Alto Sanitary District (EPASD) as a subsidiary district of the City and expending up to $15,000 from the City’s General Fund Reserve for processing fees. On November 10, 2022, staff submitted the application to SMLAFCo.
On December 9, 2022, SMLAFCo forwarded a letter to the City requesting additional information/clarifications from the City’s application. The City has provided SMLAFCo with most of the requested information to date.
The City expects SMLAFCo to request further information in the future as this process moves on. City Council will be considering an RFQ for potential Sanitation services at the next scheduled meeting on February 7, 2023.
These steps have been incorporated into the Policies & Programs section of this Housing Element.
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3.2.5 Dry Utilities Availability Development allowed under the Housing Element Update, in combination with cumulative development within the PG&E’s service area would increase demand for electricity and natural gas.
However, development projects would be required to comply with applicable state and local regulations pertaining to energy conservation. PG&E routinely updates its long-range plans to incorporate potential growth in its service areas. Therefore, the electrical and natural gas infrastructure would be sufficient to serve cumulative development, including development allowed under the Housing Element Update.
Electricity and natural gas systems would have capacity and/or be adequate to serve cumulative development, including development allowed under the Housing Element Update. Therefore, the Housing Element Update, in combination with past, present, existing, approved, pending, and reasonably foreseeable future projects in the vicinity, would not contribute considerably to cumulative impacts on electricity and natural gas systems, and this cumulative impact would be less than significant.
The geographic context with respect to telecommunication service is the service areas for the telecommunication providers that serve the city. Development allowed under the Housing Element Update, in combination with cumulative development within the service areas for the telecommunication providers that serve the city would increase demand for telecommunication service. However, similar to the development provided for under the Housing Element Update, cumulative development of underground conduits and overhead cables to facilitate telecommunications services would be required to comply with applicable federal, state, and local standards pertaining to underground and overhead utility infrastructure.
3.2.6 Coordination with Water and Sewer Service Providers Water and sewer service providers must establish specific procedures to grant priority service allocations for water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.). The City will deliver a copy of the housing element to water and sewer service providers describing the City’s housing needs and regional housing needs, to ensure continued coordination with service providers.
3.2.7 Public Transit
(refer to East Palo Alto 2035 General Plan, Chapter 6, Transportation) Transit lines are available to serve all neighborhoods in East Palo Alto. Most commute hour bus lines operate on 15- minute headways, thus requiring short waits between buses. However, there is a lack of efficient transit connections from East Palo Alto to regional transit corridors such as Caltrain and El Camino Real, and job and activity centers in neighboring municipalities. The barriers created by U.S. Highway 101 further constrains connectivity. However, pedestrian/bicycle bridge over Highway 101was recently completed in 2022 that provides access from the western neighborhoods of East Palo Alto to the rest of the City.
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The East Palo Alto 2023 General Plan includes the following goal and policies to enhance transit and address the diverse needs of the community:
Goal T-5. Support local and regional transit that is efficient, frequent, convenient, and safe.
Intent: To support planning and coordination of transit services to accommodate diverse community needs for safe, comfortable, and efficient local and regional transit.
• 5.1 Dumbarton rail service. Support ongoing regional efforts to reintroduce passenger rail service along the Dumbarton corridor and support multimodal access improvements to future rail station(s). • 5.2 Coordination with transit agencies. Coordinate with transportation service providers to improve transit service and access in the City, focusing particularly on areas with high concentrations of zero vehicle households, areas that currently lack public transit options, and on the improvement of transfers and connections between systems.
• 5.3 Transit priority. Ensure transit vehicles retain priority over other vehicles along transit network streets (as shown in Figure 6-3), prioritizing transit speed and schedule reliability. • 5.4 Access to transit. Provide connecting bicycle and pedestrian infrastructure and amenities to improve access to transit stations and stops, and encourage new development projects near transit to improve transit stop amenities.
• 5.5 Transit stops. Support the installation of transit stop amenities, including shelters, benches, real-time information panels, lighting, bike parking, bike sharing stations, etc. • 5.6 Local transportation services. Create or partner with transit providers, employers, educational institutions, major commercial entities and event organizers to improve local transportation services, including developing discount transit pass programs for groups such as students. • 5.7 Connection to Dumbarton corridor. Should Facebook be successful in lobbying for a fixed railway or Bus Rapid Transit (BRT) connection to their campus, request a pedestrian connection to a Willow Road station that transects the office park behind the Kavanaugh neighborhood. • 5.8 Senior transit. Support the expansion of affordable and reliable transportation options such as discounted transit passes for older adults and persons with disabilities, focusing on neighborhoods with high concentrations of elderly residents.
• 5.9 Cut-through traffic. Encourage and support efforts to improve regional transportation given that the majority of traffic congestion in the City is generated by regional circulation.
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3.3 NON-GOVERNMENTAL CONSTRAINTS
Land costs, construction costs, and market financing contribute to the cost of housing reinvestment andcan sometimes hinder the production of new affordable housing. Although many constraints are driven by market conditions, jurisdictions have some leverage in instituting policies and programs to address potential constraints.
3.3.1 Land Costs
21 Elements engaged Century Urban4to provide an analysis of residential development costs in San Mateo County that may be used in this analysis. The report includes an analysis of three years of San Mateo County residential sales data for single family and multifamily developments, with the San Mateo County-wide average land costs of approximately $1,000,000 for prototypical single-family developments, $1,000,000 for small multifamily developments, and $10,000,00 for large multifamily developments.
According to the report, in East Palo Alto, the land cost for single family homes ranges from $72 to $135 per square foot, with a median of $92. There were no data available specific to East Palo Alto for multifamily development.
While East Palo Alto land costs may be slightly lower than in surrounding jurisdictions, dramatic increases in East Palo Alto home prices since the last Housing Element cycle demonstrate the amount of development interest in the City and the upward pressure on prices from highly constrained housing development in the region.
3.3.2 Site Development Costs
The Century Urban report finds that the San Mateo County-wide total development costs range from $2,500,00 to $4,400,000 for a prototypical single family home development and range from $7,900,000 for a small multifamily development to $74,100,000 for a large multifamily development.
The high cost of development can be attributed both to the “hard costs” of development, including construction materials and labor, and to the “soft costs” of development, such as architecture, design, and engineering costs, in addition to permitting and other fees.
Hard costs constitute the much larger share of total development costs –approximately 60%, according to a 2020 analysis by the Terner Center.5 The same report found that Bay Area construction costs are the highest in the state. Labor and materials cost increases are also reflected in the Construction Cost Index; the March 2022 Construction Cost Index for the San Francisco area, as published by Engineering News Record, showed an increase of 8.9%, compared to 3.1% in 2021 and 1.6% in 2020.
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Construction costs are not within the control of local jurisdictions. However, jurisdictions must consider that additional costs placed on a development from both fees and delays to a project can make the difference between a feasible and infeasible project.
High development costs translate into higher rents and sales prices, a trend that is visible in recent data on East Palo Alto housing costs. This places rental and purchasing opportunities in East Palo Alto out of reach for many residents and contributes to an already high risk of housing insecurity, overcrowding, and displacement.
3.3.3 Financing Availability
The current median home price of approximately $941,30019 is about 2-3 times the approximately $378,000 price that would be affordable to a buyer with a median household income of $83,511.20 In addition to high housing prices in East Palo Alto and the surrounding County, many potential homebuyers are constrained by the lack of financing to purchase a house. Credit history, down payment, and closing costs are three major factors in a household’s ability to obtain a mortgage in East Palo Alto.
Interest rates remained low at the start of 2022 but increased substantially by the end of the year due to inflation.
According to the Freddie Mac Mortgage Market Survey, the interest rate for a fixed-rate, 30-year mortgage increased from 3.22 percent the week of January 6, 2022 to 6.48 percent the week of January 5, 2023. This constrains the ability of developers to finance both market-rate and affordable housing, and the ability of potential homebuyers to purchase a home.
As we look outside the typical borrower, it is important to also note that 43.1 percent of the population in East Palo Alto is foreign-born, and that lack of legal status can restrict the ability of migrants to obtain mortgages, build credit, and achieve financial security. While significant resources exist to help achieve homeownership, regulatory guidelines are increased for those without legal status. The burden of risk assessment is often displayed by requiring higher down payments, extensive work history, and vast documented income. It should also be noted that those without legal status often do not qualify for federal government assistance and can be barred from financial resources.21
3.3.4 Requests for Housing Developments at Reduced Densities Jurisdictions are required to report on any projects where a lower density was requested for a site as provided in the Sites Inventory. A review of the RHNA 6 2023-2031 Housing Element and current pipeline (i.e., entitled projects, SB 35 projects in process, or projects under construction) shows that this small number of sites from 19 Medium home price, income, foreign born: https://www.census.gov/quickfacts/eastpaloaltocitycalifornia 21 Information regarding the legal status of East Palo Alto residents and mortgage information comes from the local non-profit, EPACANDO.
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the Sites Inventory were proposed at densities at or above those assumed for the site. Generally speaking, residential development proposals that the City has received in recent years have requested close to the maximum or more through the Density Bonus.
3.3.5 Typical Timeframes between Approval for Housing Development and Application for Building Permits
Given the delays imposed by the City’s water moratorium from 2016-2018 and the continued delays related to the East Palo Alto Sanitary District and remaining lack of water flow to some areas of the City–discussed in detail elsewhere in this Constraints Analysis–it is challenging to estimate a “typical” timeframe between approval and application for Building permits. The majority of the City’s pipeline projects have only recently received entitlements, Zoning Clearance, or other streamlined clearance.
However, the City has seen a pattern among a small number of projects where the developer has not moved to apply for a Building permit despite being able to do so. This may be for a variety of reasons; chief among them may be the COVID-19 pandemic. For this reason, the City adopted a blanket extension through December 31, 2022, on Planning and Building permits set to expire between March 17, 2020, and December 31, 2021.
In some cases, the developer may attempt to sell the property with entitlements to a buyer who is interested in developing the project. A small number of developers may choose to change course after receiving project approvals if it becomes clear that there remains some project uncertainty, such as unresolved issues with the East Palo Alto Sanitary District. This constraint is discussed elsewhere in this analysis and is addressed in the Policies & Programs section.
3.3.6 Environmental Constraints
East Palo Alto’s bay side location creates a number of environmental constraints. These constraints limit development potential, often limiting densities. East Palo Alto’s policies prioritizes development away from the environmentally sensitive bay and protection of these natural resources. The City’s environmental constraints range from the need to protect environmentally sensitive habitat, risks of natural disaster and flooding. The City’s General Plan policies, development regulations, building code and other policies and regulations provide guidance to help avoid impacts and to maximize safety for residents. This section provides a general overview. Greater details of environmental constraints can be found in the General Plan, the multijurisdictional Local Hazard Mitigation Plan, State and Federal plans/maps.
Flood Risk
Flood risk places a physical constraint on the availability of land for new housing. The City’s lower elevation and proximity to the bay creates a higher risk of flooding to areas of the City. Removing flood risk requires
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raising buildings at least 18 inches above the base flood elevation established by FEMA floodplain maps. In some areas this can require the building to be raised at least 4 feet from the existing ground. This is a costly portion of many of the large development projects located within the floodplain and can be cost prohibitive on smaller residential projects. City staff work closely with developers and homeowners to make sure these improvements are included in projects as required. In addition, the City participates in the Community Rating System (CRS), a voluntary program that recognizes and rewards communities for community floodplain management practices that exceed the minimum requirements of the National Floodplain Insurance Program standards. The City received a CRS certification in January 2023.
Additional levee improvements are proposed along the rest of the City’s Bayfront from the O’Connor Pump Station to Menlo Park. These improvements are intended to reduce flood risk of the 100-year storm while maintaining access to the bayfront. These projects are currently being spearheaded by the San Francisquito Creek Joint Powers Authority (SFCJPA) and are under preliminary design with coordination with the development projects within the Ravenswood Business District. Furthermore, creek widening is being conducted downstream to further decrease flood risk.
Natural Hazards
The City is subject to the same natural hazards that impact the bay area, including drought, earthquake, flood, landslide, sea level rise, severe weather, tsunami, wildfire and climate change. The City’s various documents and plans, such as the Climate Action Plan, provide mitigation and tools to address these concerns. Any proposed development would be subject to a thorough review, consistent with Federal, State and local law, including the California Building Code, and the California Environmental Quality Act (CEQA). The City’s policies also encourage development in the more urbanized areas of the city where infrastructure is already available, creating less impact away from sensitive habitat. Placement of development in urbanized areas also reduces greenhouse gas emissions versus development in new areas where more infrastructure is required.
Sensitive Habitats
As discussed above, the City’s proximity to the bay provides for sensitive habitat areas. These include wetlands, riparian corridors, coastal areas that may be home to native and sensitive species. All proposed development would be reviewed for impacts to these sensitive habitats. Projects are subject to environmental assessment consistent with CEQA, and comments are solicited from agencies such as the Bay Conservation and Development Commission (BCDC), the California Department of Fish and Wildlife, United States Fish and Wildlife Service, Corps of Engineers, and environmental organizations. The City also has policies, ordinances and an Urban Forest Master Plan that prioritizes the preservation and protection of the City’s canopy, which support a variety of wildlife, including protected birds. The City’s General Plan and ordinances provide the tools to ensure protection of these habitats, such as bird safe building standards and the conservation and preservation of environmentally sensitive open space lands. These areas are designated to retain their natural
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biological function serving as defensive barriers to waves, high tides and storm surge and providing habitat for plants and animals.
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4 AFFIRMATIVELY FURTHERING FAIR HOUSING – AN
ASSESSMENT OF FAIR HOUSING
What is AFFH?
The State of California’s 2018 Assembly Bill (AB 686) requires that all public agencies in the state affirmatively further fair housing (AFFH) beginning January 1, 2019. Public agencies receiving funding from the U.S. Department of Housing and Urban Development (HUD) are also required to demonstrate their commitment to AFFH. The federal obligation stems from the fair housing component of the federal Civil Rights Act mandating federal fund recipients to take “meaningful actions” to address segregation and related barriers to fair housing choice.
AB 686 requires all public agencies to “administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing, and take no action inconsistent with this obligation”22
AB 686 also makes changes to Housing Element Law to incorporate requirements to AFFH as part of the housing element and general plan to include an analysis of fair housing outreach and capacity, integration and segregation, access to opportunity, disparate housing needs, and current fair housing practices.
Source: California Department of Housing and Community Development Guidance, 2021, page 14. 22 California Department of Housing and Community Development Guidance, 2021, page 9.
Affirmatively Furthering Fair Housing
“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. (Gov.
Code, § 8899.50, subd. (a)(1).)”
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History of segregation in the region. The
United States’ oldest cities have a history of
mandating segregated living patterns—and
Northern California cities are no exception. ABAG, in
its recent Fair Housing Equity Assessment, attributes
segregation in the Bay Area to historically
discriminatory practices—highlighting redlining and
discriminatory mortgage approvals—as well as
“structural inequities” in society, and “selfsegregation” (i.e., preferences to live near similar people). Researcher Richard Rothstein, author of the
2017 book The Color of Law: A Forgotten History of How
Our Government Segregated America, adds to ABAG’s
characterization of segregation in the Bay Area by
chronicling how the public and private sectors
contributed to segregation through practices of
blockbusting—a scheme where real estate agents
and speculators convinced White families their
neighborhoods were turning into slums and
property values would drop; bought their homes less
than their worth; and rented or sold them to African
Americans above market prices. Rothstein’s analysis goes beyond blockbusting, however, as he describes the ways in which federal, state, and local governments imposed residential segregation throughout the Bay Area region: racial zoning, public housing, subsidies to create Whites-only suburbs, tax exemptions, and support for resistance to African Americans in White neighborhoods.
Residential segregation and the segregatory effects of blockbusting activities is well-documented in East Palo Alto. In 1954, after a White family in East Palo Alto sold their home to an African American family, then-president of the California Real Estate Association set up an office in East Palo Alto to scare White families into selling their homes (“for fear of declining property values”) to agents and speculators. Convincing White families that their neighborhoods were turning into “African American slums,” speculators purchased their homes for less than their worth and rented/sold them to African Americans at inflated prices, most of whom struggled to make their payments and had to double-up in their homes, creating overcrowding and deteriorating living conditions. Blockbusting practices in East Palo Alto quickly became widespread as agents recognized African Americans’ increasing need for housing. Within three months, one agent sold sixty previously White-owned homes to Black/African American families.23 Federal and state agencies exacerbated these effects through unlawful lending policies and practices. The Federal Housing Administration (FHA) and Veterans Administration, for instance, 23 Richard Rothstein, The Color of Law: A Forgotten History of How our Government Segregated America, New York: Liveright Publishing Corporation (2017), pp. 12-13.
This history of segregation in the
region is important not only to
understand how residential
settlement patterns came
about—but, more importantly,
to explain differences in housing
opportunity among residents
today. In sum, not all residents
had the ability to build housing
wealth or achieve economic
opportunity. This historically
unequal playing field in part
determines why residents have
different housing needs today.
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not only refused to insure mortgages for African Americans in designated White neighborhoods, but once East Palo Alto was integrated, White families could no longer obtain governmentinsured mortgages where African Americans were present. State-regulated insurance companies and leading California banks had similar policies with the consent of federal banking regulators.
Within six years, East Palo Alto—initially considered a jurisdiction with “Whites only” neighborhoods—became 82% Black/African American. Excluded from neighborhoods throughout the region and unable to make payments on homes purchased at inflated prices, many Black/African Americans were forced to double up in single-family homes, creating a “slum in East Palo Alto.”24 With increased density, the school district could no longer accommodate all East Palo Alto students, leading board members, in 1958, to propose the construction of a segregated second high school. Ignoring pleas from Black/African Americans and liberal White activists that it draw a boundary to establish two integrated secondary schools, the school board contemplated forcing Black/African American students to withdraw and attend school in the eastern section of East Palo Alto. In ways like these, Richard Rothstein writes, “federal, state, and local governments purposely created segregation in every metropolitan area of the nation.” Importantly, segregation and resistance to racial integration was not unique to East Palo Alto as it represented a larger problem effecting all of San Mateo County. According to the San Mateo County Historical Association, San Mateo County’s early African Americans worked in a variety of industries, from logging, to agriculture, to restaurants and entertainment. Expansion of jobs, particularly related to shipbuilding during and after World War II attracted many new residents into the Peninsula, including the first sizable migration of African Americans. Enforcement of racial covenants after the war forced the migration of the county’s African Americans into neighborhoods where they were allowed to occupy housing—housing segregated into less desirable areas, next to highways, and concentrated in public housing and urban renewal developments.
Throughout San Mateo County, neighborhood associations and City leaders responded to the influx of African Americans by thwarting the integration of communities. Some neighborhood residents supported or were indifferent to integration, but most fiercely opposed it.
Neighborhood associations often required the acceptance of all new buyers and builders with intentions to develop for buyers despite race faced significant barriers: development sites were rezoned by planning councils, large minimum lot size requirements, and/or were denied public infrastructure to support their developments or charged prohibitively high amounts for infrastructure.
These events and patterns were not limited to San Mateo County, either. They were instead prominent throughout the country, as portrayed in the timeline of major federal Acts and court decisions concerning fair housing choice and zoning and land use on the following page. 24 Ibid., pp. 12-13.
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Exclusive zoning practices were common in the early 1900s. Courts struck down only the most discriminatory and allowed those that would be considered today to have a “disparate impact” on classes protected by the Fair Housing Act. For example, the 1926 case Village of Euclid v. Amber Realty Co. (272 U.S. 365) supported the segregation of residential, business, and industrial uses, justifying separation by characterizing apartment buildings as “mere parasite(s)” with the potential to “utterly destroy” the character and desirability of neighborhoods. At that time, multifamily apartments were the only housing options for people of color, including immigrants.
The Federal Fair Housing Act was not enacted until nearly 60 years after the first racial zoning ordinances appeared in U.S. cities. This coincided with a shift away from federal control over lowincome housing toward locally-tailored approaches (block grants) and market-oriented choice (Section 8 subsidies)—the latter of which is only effective when adequate affordable rental units are available.
Resegregation. Though racial segregation has been seemingly addressed and solved through local, state, and federal policies, East Palo Alto and its lower-income and minority communities are being resegregated due to gentrification efforts, housing shortages, and rapidly rising rents and home prices. Gentrification in East Palo Alto dates back to the 1980s when developers began buying significant portions of land in the region. In recent years, however, gentrification has intensified as large tech companies—Meta (formerly Facebook), Google, and Amazon—move to the area. The Silicon Valley tech boom in East Palo Alto presents multiple problems for long-time residents. With the presence of large technology companies, places such as Meta have begun allocating money and resources to improve communities surrounding their headquarters. Job openings rarely go to residents, but rather young, well-paid tech professionals migrating to East Palo Alto in search of housing. This increase in workers has turned East Palo Alto into a “hunting ground” for real estate speculators eager to turn properties and apartments into sites for the tech sector.
Gentrification efforts and processes have resulted in resegregation as lower-income individuals and people of color in East Palo Alto are forcefully displaced and/or voluntarily leaving the City for cheaper alternatives. In fact, a study conducted by researchers at the University of California at Berkeley found that East Palo Alto “lost thousands of low-income black households from 2010 to 2015 with no similar effects reported in predominantly white neighborhoods” during the same time period.25 Providing background on this trend, the University mapped all Bay Area neighborhoods to identify gentrification risks and found that in East Palo Alto, 64.7% of households live in neighborhoods that are susceptible to or experiencing displacement and 0% live in neighborhoods at risk of or undergoing gentrification.26 Landlords are also contributing to 25 https://gunnoracle.com/19991/uncategorized/a-tale-of-two-cities-how-racism-in-housing-deeds-redlining-andgentrification-led-to-the-stark-divide-between-palo-alto-and-east-palo-alto/. 26https://www.cityofepa.org/sites/default/files/fileattachments/housing/page/19915/c2_abag_mtc_housing_needs_da ta_report_east_palo_alto_w_toc_1.pdf.
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displacement in the region and are reportedly using evictions and rent hikes to prepare residential neighborhoods for redevelopment.27
Local opposition to affordable housing. Affordable housing policies and measures in East Palo Alto have been a subject of severe controversy since the 1980s when rent stabilization ordinances were proposed.28 In 2021, debates over affordable housing policy arose again with the City’s proposed ordinance called the Opportunity to Purchase Act (OPA). 29 The proposed policy is aimed to help further housing preservation and anti-displacement efforts, by requiring owners to give renters, affordable housing nonprofits, or the City the opportunity to make an offer on the property before hitting the market. The City will be further studying this policy for consideration at the end of 2022 or in-2023.
27 https://www.washingtonpost.com/national/a-semi-feudal-society-in-east-palo-alto-the-influx-of-tech-companiespushes-residents-to-a-breaking-point-over-gentrification/2018/11/02/03e1004c-d17c-11e8-b2d2- f397227b43f0_story.html.
28 https://shelterforce.org/2022/03/22/the-nexus-between-rent-control-and-incorporation-in-east-palo-alto/. 29 https://www.paloaltoonline.com/news/2021/12/21/east-palo-alto-to-discuss-controversial-housing-purchasepolicy.
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Major Public and Legal Actions that Influence Fair Access to Housing
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Access to resources and opportunity. Several other factors have limited the city’s ability to provide fair access to resources and opportunity. The widening of the Highway 101 in the late 1950’s destroyed the city’s once-thriving business district, the Whiskey Gulch. In the same decade, Palo Alto and Menlo Park annexed land from East Palo Alto, decreasing the area and size of the city to 2.5 square miles and limiting the number of vacant sites the City can develop on. Today, some sites in the Ravenswood Business District/Four Corners Specific Plan, the new designated area for the city’s missing business district, lie on contaminated land that requires further remediation to allow for mixed-use development. Romic Environmental Technologies and its predecessor hazardous waste management facilities that operated in East Palo Alto from the 1950’s until 2007, contaminated the soil and ground water beneath.
The lack of political power and agency over County and regional agency decisions was one contributing factor that led to the City’s long fight for incorporation from the late 1950’s until the City’s incorporation in 1983. Following incorporation, the City struggled with its revenue sources as it had previously depended on San Mateo County resources.
East Palo Alto is allocated 1.9 million gallons per day from the Hetch Hetchy Reservoir by the San Francisco Public Utilities Commission (SFPUC). The city was not incorporated when San Mateo County made the deal with SFPUC to divide the shares, which resulted in East Palo Alto receiving the lowest per-capita allocation on the Peninsula. In 2016, East Palo Alto adopted a water moratorium due to its city-wide water supply shortage, creating a de facto development moratorium. In 2017, the city went into an agreement with the City of Mountain View to pay $5 million for the allocation of 1 million gallons of water per day that would help supply the northern part of the city. In 2018, East Palo Alto received the allocation of a half-million gallons per day of water at no cost from Palo Alto. The city lifted the water moratorium in 2018, creating an influx of development proposals, including the development of a 120-unit low-income affordable housing development at 965 Weeks Street, two commercial developments and a primary school.
The City of East Palo Alto is at a crossroads. Today, the majority of the City’s multi-family affordable housing lies west of the Highway 101, while the majority of the single-family housing, unaffordable to younger generations, lies east of the highway. The City has the potential to allocate more affordable housing development on the eastside to balance the housing stock disparity created by the Highway 101. Data show that East Palo Alto residents have higher rates of asthma, diabetes, and poor health outcomes than the County. Continued exposure to carbon emissions due to the city’s high-transit location, low access to affordable 2–3-bedroom housing for larger family sizes, limited infrastructure and active public transportation systems, and ongoing home and rent increase pressures from the tech industry, as well as other issues will continue to impact resident’s health and access to opportunities if transformational steps are not taken.
Displacement as a continuous historical Pattern. Displacement risk varies among residential circumstances for different households. While median incomes have increased in recent years due to the entry of higher income households and the exit of lower income households, many
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households remain in precarious circumstance and at substantial risk of displacement.
Overcrowding and overburdening are signs that rents are outpacing wages and become de facto anti-displacement strategies for jurisdictions lacking sufficient anti-displacement policy protections. While East Palo Alto has worked over the recent decade to pass and implement antidisplacement policy on multiple occasions, the intensity of real estate appreciation is uncharacteristically rapid in comparison to other geographies and thus has been difficult to proportionately respond to, especially considering that CA State and Federal resources have not paced with local need.
Regionally, East Palo alto experienced the most intense decline of youth population of any Bay Area city between 2010 and 2020, suggesting that youth and families are being displaced and/or blocked from entry. If families can’t secure housing in East Palo Alto over the long term, demographically the city may be at risk of population decline. According to the Urban Displacement Project, census tracts in East Palo Alto are included mamong the census tracts with substantial and high likelihoods of residential displacement.
Metrics of displacement risk that measure at the census tract level are useful tools, but local knowledge with enhanced granularity reveals that displacement has been intense and remains likely and risky for substantial portions of the population, particularly economically, racially, and gender-disadvantaged groups. Though temporary responses like the Coronavirus Eviction Moratorium helped to decelerate the rate of displacement by protecting some residents from eviction during unprecedented pandemic conditions, the lift of the moratorium has resulted in re-acceleration as rental property owners return to business as usual.
Further, the context of displacement is given additional meaning by the history of development in East Palo Alto. Developed in the mid 1900s for the purpose of segregating residential neighborhoods by race and class in service of the War Production economy, policies including but not limited to redlining and racially restrictive covenants have resulted to long term impacts excluding racially disadvantaged groups from benefits and targeting them for cost assignment.
More recently, environmental justice issues like toxic waste and innovative injustices like predatory lending have continued to contribute to the pattern of disadvantaged groups to be displaced and banished from East Palo Alto. While policies and programs to address displacement have been won and implemented to some success, more resources, especially from State and Federal repositories, will be needed to ensure that residents can remain housed and thrive in East Palo Alto.
Report content and organization. This Fair Housing Assessment follows the April 2021 State of California State Guidance for AFFH. The study was conducted as part of the 21 Elements process, which facilitates the completion of Housing Elements for all San Mateo County jurisdictions.
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Section I. Fair Housing Enforcement and Outreach Capacity reviews lawsuits/enforcement actions/complaints against the jurisdiction; compliance with state fair housing laws and regulations; and jurisdictional capacity to conduct fair housing outreach and education.
Section II. Integration and Segregation identifies areas of concentrated segregation, degrees of segregation, and the groups that experience the highest levels of segregation.
Section III. Access to Opportunity examines differences in access to education, transportation, economic development, and healthy environments.
Section IV. Disparate Housing Needs identifies which groups have disproportionate housing needs including displacement risk.
Appendices.
Resident survey results—findings from a survey of San Mateo County residents on their experience finding and remaining in housing
Disparate Access to Educational Opportunities—findings from a countywide analysis of access to education and educational outcomes by protected class. Dissimilarities and Isolation Indices—summary of findings from an AFFH Segregation Report of Unincorporated San Mateo County, completed by UC Merced Urban Policy Lab and ABAG/MTC Staff.
State Fair Housing Laws and Regulations—summary of key state laws and regulations related to mitigating housing discrimination and expanding housing choice Fair Housing Organizations in San Mateo County—mission, services, and contact information
Primary findings. This section summarizes the primary findings from the Fair Housing Assessment for East Palo Alto including the following sections: fair housing enforcement and outreach capacity, integration and segregation, access to opportunity, disparate housing needs, and contributing factors and the city’s fair housing action plan. 9% (five complaints) of fair housing complaints filed in San Mateo County from 2017 to 2021 were in East Palo Alto—the city accounts for only 4% of the county’s population. The issues cited were terms, conditions, privileges, or services and facilities (4 complaints), and refusal to rent (one complaint).
The majority of residents living in East Palo Alto are renters (60%). Female headed households are the most likely to be renters, with seven out of ten female-headed households renting. The area of the city bordering Menlo Park has a higher concentration of households made up of female-headed households with children.
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Compared to the county, East Palo Alto has a relatively high share of households that include children (49% in the city v. 33% countywide).
East Palo Alto is also home to larger share of Hispanic/Latinx and Black or African American residents compared to the county (Figure II-1). The share of the Black or African American population decreased significantly from 23% to 11% since 2000, while the Hispanic/Latinx population increased from 60% to 66% and the non-Hispanic White population increased from 7% to 10%.
Most Racial and ethnic minority populations are disproportionately impacted by poverty, low household incomes, overcrowding, and homelessness compared to the nonHispanic White population in East Palo Alto. Additionally, racial and ethnic minorities, especially Hispanic/Latinx and Black or African American residents, are more likely to be denied for a home mortgage loan.
➢ Racial and ethnic minorities have higher rates of poverty (Figure II-5) and lower household incomes (Figure II-4) compared to the non-Hispanic White population in East Palo Alto.
➢ Overcrowding in the city is significantly higher than the county (Figure IV-15).
Hispanic/Latinx households have the highest share of overcrowded households, while Black or African American households have the lowest (Figure IV-17) ➢ Countywide, people who identify as American Indian or Alaskan Native, Black, White, and Hispanic/Latinx are overrepresented in the homeless population compared to their share of the general population (Figure IV-22). ➢ Hispanic/Latinx, American Indian or Alaska Native, and Black or African American households have the highest denial rates for mortgage loan applications in 2018 and 2019 (Figure IV-33).
Compared to the county, East Palo Alto residents are more likely to be living in poverty (Figure II-28).
Geospatially, the area bordering Menlo Park and west of Highway 101 tends to be disproportionately impacted by high poverty, low education opportunity, low economic opportunity, low environmental scores, high social vulnerability scores, concentrations of cost burdened households, overcrowding, and low resource scores. This area also has a concentration of renter households, and female headed households (Figure IV-13 and Figure II-22). These areas have:
➢ Education opportunity scores between 0 and 0.25—meaning they have the lowest education scores compared to the rest of the city (Figure III-1). ➢ Low economic opportunity scores between zero and 0.25 (Figure III-7).
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➢ The composite opportunity score for East Palo Alto shows census tracts in this area of the city fall within low resource areas while the rest of the city is within moderate areas (Figure III-14).
➢ The Social Vulnerability Index (SVI) provided by the CDC—ranks census tracts based on their ability to respond to a disaster. This area of the city is more vulnerable according to the SVI (Figure III-15).
➢ Concentration (60% to 80% of households) of cost burdened renter households (Figure IV-13). Overcrowded households are concentrated in the same areas as cost burdened households (Figure IV-19).
➢ The entire city is considered vulnerable to displacement (Figure IV-28). The share of the population living with at least one disability is 6% in East Palo Alto, a slightly lower incidence than in San Mateo County. Unemployment is disproportionately high among residents living with a disability at 18% compared to 4% for residents without a disability in East Palo Alto—particularly when compared to the county (Figure III-20). East Palo Alto is served by the Ravenswood City Elementary School District; and the Sequoia Union Unified High School District. Eighty-three of students qualify for reduced lunch in Ravenswood City Elementary, and 30% of students are experiencing homelessness. This is an outlier in the county, where overall just 2% are experiencing homelessness. Ravenswood also has a much higher share of Hispanic/Latinx students than San Mateo County (84% v. 38%).
The city has relatively low education opportunity scores overall and disparities are present for minority students:
➢ Hispanic/Latinx students at Ravenswood City Elementary are the least likely to have met or exceeded mathematics and English testing standards in the county. ➢ At the high school level, Sequoia Union district has the highest dropout rate in the county (10%), and dropout rates among Pacific Islander (20%), Hispanic/Latinx (16%), and Black/African American (12%) students are much higher. Almost 60% of all renter households in East Palo Alto are cost burdened, spending more than 30% of their gross income on housing costs, and close to one-third are extremely cost burdened, spending more than 50% of their gross income on housing costs (Figure IV-9). Hispanic/Latinx (58%) households experience the highest rates of cost burden, followed by Black or African American households (55%). Racial and ethnic minorities are also more likely than non-Hispanic White households to experience overcrowding in East Palo Alto.
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The Black population of East Palo Alto declined both in real numbers and as a percentage of the city’s total population since incorporation, due to a number of factors including gentrification and displacement. Where in 1980 Black residents accounted for 55% of the
population, by 2010, only 16% of
the population was represented
by Black residents. During this
time, the city grew from a
population of about 17,000 to
about 30,000. In other words, a
population of about 9,300
Black residents dwindled to
about 4,700 Black residents
during a period in which the
city’s population grew 75%.
While East Palo Alto grew, many
Black residents have been
pushed out and new Black
renters may not be easily
entering the city.30
Homeownership has been one mechanism that has helped some Black families remain rooted in East Palo Alto. According to the Housing Needs Report, of the 1,196 Black Households in the city, about 60% were owner-occupied and about 40% were renter occupied.31 The high proportion of homeownership among Black households is beneficial for those homeowners, but also indicates the history of displacement that reduced the number of Black renters in East Palo Alto. A larger proportion of Black renters might still reside in the city if not for the impacts of gentrification and displacement on East Palo Alto’s Black community.
Contributing factors and Fair Housing Action Plan. The disparities in housing choice and access to opportunity discussed above stem from historical actions; the inability of the broader region to respond to housing demand leading residents seeking 30 Rockefeller Harris & Cespedes (2015). East Palo Alto: An Island of Affordability in a Sea of Wealth. 31 ABAG/MTC & Driskell Community Planning. (2021). Housing Needs Data Report East Palo Alto
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affordability into East Palo Alto; East Palo Alto’s relative affordability compared to the broader region; and the city’s very limited resources to respond to needs. Specifically, Fair housing issue: Residents of color—especially Black or African American residents—have been displaced from East Palo Alto due to rising rents.
Contributing factors:
o Lack of housing production the region overall, incentivizing property owners to raise rents.
o Redevelopment of naturally occurring affordable housing, despite city policies to help mitigate high rent increases.
o Wage stagnation or decline, especially among renters across racial groups, limits households’ ability to stay in place while rents increase, and also increases difficulty to save towards homeownership.
Fair housing issue: Families with children are disproportionately represented in East Palo Alto compared to the region and have lower access to quality educational environments.
Contributing factors:
o Lack of affordable family housing in the county.
o School district policies that concentrate low income families in under-resourced schools in East Palo Alto.
o Lack of resources for schools with children living in poverty to adequately students’ address needs.
Fair housing issue: Renters and female headed households with children are concentrated in neighborhoods with high poverty and low resources.
Contributing factors:
Lack of affordable family housing in the county.
Concentration of affordable housing in the area bordering Menlo Park and west of Highway 101.
Fair housing issue: East Palo Alto residents have high rates of cost burden, overcrowding, and denials when seeking mortgage loans.
Contributing factors:
o Historical discrimination in housing and employment markets that has limited the ability of residents of color to build family wealth and access high paying jobs. o Significant shortage of affordable housing in the city, county, and region overall.
Fair housing issue: Residents with disabilities have very high rates of unemployment (18%) compared to non-disabled residents and the county overall.
Contributing factors:
o Discrimination in the job market and lack of training and education. o Inability of employers to accommodate the needs of persons with disabilities.
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SECTION I. Fair Housing Enforcement and
Outreach Capacity
This section discusses fair housing legal cases and inquiries, fair housing protections and enforcement, and outreach capacity.
Fair housing legal cases and inquiries. California fair housing law extends beyond the protections in the Federal Fair Housing Act (FHA). In addition to the FHA protected classes— race, color, ancestry/national origin, religion, disability, sex, and familial status—California law offers protections for age, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, and source of income (including federal housing assistance vouchers).
The California Department of Fair Employment in Housing (DFEH) was established in 1980 and is now the largest civil rights agency in the united States. According to their website, the DFEH’s mission is, “to protect the people of California from unlawful discrimination in employment, housing and public accommodations (businesses) and from hate violence and human trafficking in accordance with the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act.”32
DFEH receives, evaluates, and investigates fair housing complaints. DFEH plays a particularly significant role in investigating fair housing complaints against protected classes that are not included in federal legislation and therefore not investigated by HUD. DFEH’s website provides detailed instructions for filing a complaint, the complaint process, appealing a decision, and other frequently asked questions.33 Fair housing complaints can also be submitted to HUD for investigation.
Additionally, San Mateo County has a number of local enforcement organizations including Project Sentinel, the Legal Aid Society of San Mateo County, and Community Legal Services of East Palo Alto. These organizations receive funding from the County and participating jurisdictions to support fair housing enforcement and outreach and education in the county. East Palo Alto residents wishing to submit fair housing complaints can reach out to the abovementioned local enforcement organizations, also listed on the City’s Rent Stabilization page under “Housing Assistance, Fair Housing and Other Resources.”34 Residents may also contact the City’s Rent Stabilization Program, Housing Division, and Building/Code Enforcement Division for further assistance on their individual cases.
From 2017 to 2021, 57 fair housing complaints in San Mateo County were filed with the U.S.
Department of Housing and Urban Development (HUD)—9% of complaints were in East 32 https://www.dfeh.ca.gov/aboutdfeh/.
33 https://www.dfeh.ca.gov/complaintprocess/.
34 https://www.cityofepa.org/rent-stabilization/page/housing-assistance-fair-housing-and-other-resources
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Palo Alto (five complaints). Countywide, most complaints cited disability status as the bias (56%) followed by race (19%), and familial status (14%). In East Palo Alto, the issues cited were terms, conditions, privileges, or services and facilities (4 complaints), and refusal to rent (one complaint).
Countywide, no cause determination was found in 27 complaints followed by successful conciliation or settlement with 22 complaints. Fair housing inquiries in 2020 were primarily submitted from the City of San Mateo, followed by Redwood City, Daly City, and Menlo Park.
Fair housing complaints filed with HUD by San Mateo County residents have been on a declining trend since 2018, when 18 complaints were filed. In 2019, complaints dropped to 5, increased to 11 in 2020, and had reached 6 by mid-2021.
Nationally, the National Fair Housing Alliance (NFHA) reported a “negligible” decrease in the number of complaints filed between 2019 and 2020. The primary bases for complaints nationally were nearly identical to San Mateo County’s: disability (55%) and race (17%). Familial status represented 8% of complaints nationally, whereas this basis comprised 14% of cases in the county.
NFHA identifies three significant trends in 2020 that are relevant for San Mateo County:
First, fair lending cases referred to the Department of Justice from federal banking regulators has been declining, indicating that state and local government entities may want to play a larger role in examining fair lending barriers to homeownership. Second, NFHA identified a significant increase in the number of complaints of harassment— 1,071 complaints in 2020 compared to 761 in 2019.
Finally, NFHA found that 73% of all fair housing complaints in 2020 were processed by private fair housing organizations, rather than state, local, and federal government agencies— reinforcing the need for local, active fair housing organizations and increased funding for such organizations.35
35 https://nationalfairhousing.org/2021/07/29/annual-fair-housing-report-shows-increase-in-housing-harassment/
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Outreach and capacity. East Palo Alto City’s website provides easy to follow links to the rent stabilization program and housing programs, as well as the opportunity to share input on the Housing Element. The City improved the accessibility of fair housing information on its website and resources for residents experiencing housing discrimination, by adding general
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information about the Fair Housing Act and a list of organizations to reach out to for fair housing complaints on its “Housing Assistance, Fair Housing, and Other Resources” page, which is linked on both the Rent Stabilization and Housing webpages. This resource page also provides information for homelessness and rental assistance, eviction and tenant legal assistance, housing inspections, affordable rental housing, mediation services, and more. Language accessibility is provided by having the option to translate information into Chinese, Samoan, and Spanish and selection the option at the bottom of each webpage. Language accessibility could be improved by providing some information in both English and Spanish, as well as placing the option to select a different language at the top of the website.
The City committed to increasing its outreach capacity for special needs groups, including extremely low-income tenants and monolingual Spanish-speaking residents, in its AntiDisplacement Services contract with Community Legal Services in East Palo Alto (CLSEPA), Youth United for Community Action (YUCA), and Nuestra Casa. Tenant legal services, rent relief workshops, and outreach were provided and expanded during the COVID_19 pandemic to address immediate community needs, using the City’s funds generated from Measure O. Upon expiration of the contract, the City issued another Request for Proposals and in August 2022, came into a new contract with CLSEPA, Nuestra Casa and YUCA for an additional one to two years of anti-displacement services, including legal representation, case management, education in tenant rights and housing laws, and outreach. The outreach is targeted to especially vulnerable neighborhoods in the community through workshops on the Westside, door-to-door knocking and communication with tenants living in single-family homes, and Spanish and Tongan translation and interpretation. Residents with fair housing complaints will have organizations readily available and proactively reaching out to address the complaints and redirect them to the right resources, such as Project Sentinel. In addition, the contracted service providers have quarterly reporting requirements and bi-monthly meetings with Rent Stabilization staff to identify and report fair housing complaints from residents.
Compliance with state law. East Palo Alto is compliant with the following state laws that promote fair and affordable housing and has not been found or alleged in violation of the following.
Government Code Section 65852.2 (a), requiring cities to implement ordinances allowing for the creation of second units in single-family or multi-family residential zones; Government Code Section 65915, giving housing developments the right to add density bonuses and incentives that reduce affordable housing costs; Ellis Act, providing that cities do not bar the redevelopment and reconstruction of Rent Stabilization Program units;
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State laws SB 1069 and AB 2299, allowing for the development of Accessory Dwelling units (ADUs) on most single-family lots to increase opportunities for housing production; Fair Employment and Housing Act (FEHA), prohibiting discrimination in housing based on race, color, national origin, religion, sex, gender identity/expression, sexual orientation, familial status, disability, age, citizenship, language, source of income, or any other arbitrary basis.
East Palo Alto also complies with all provisions included in the Fair Housing Act and Fair Housing laws are appropriately followed with Planning Division staff making exceptions to the Zoning Code when appropriate.
Housing specific policies enacted locally. East Palo Alto identified, according to the 21 Elements AFFH Resident Survey and based on community input, the following local policies and programs that contribute to the regulatory environment for affordable housing development in the city.
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Local policies and programs in place to
encourage housing development.
ADU Working Group
CalHOME program for the creation of
affordable ADU units
Inclusionary housing
Measure HH commercial office space
special parcel tax revenue (passed in
2018)
Measure O gross receipts tax revenue
(passed in 2016)
Measure L business tax revenue (passed
in 2022)
Local barriers to affordable housing
development.
Development impact fees
High parking requirements
Infrastructure needs in sanitary sewer
services
Lengthy processing times and
requirements to develop properties
Low staffing capacity in the Building,
Code Enforcement, Planning and
Housing divisions
Missing ADU legalization program to
complement ADU streamlining
Local policies and programs that are
NOT in place but would provide the
best outcomes in addressing housing
shortages.
Homebuyer assistance programs
Mortgage and rental assistance (beyond
pandemic)
Tenant Opportunity to Purchase Act/
Community Opportunity to Purchase Act
Local policies that are NOT in place,
but have potential Council interest for
further exploration.
Acquisition and rehab program
Anti-Displacement Plan
First-time homebuyer and foreclosure
assistance
Housing counseling
Living wage employment ordinances
Rental Registry
Local policies and programs in place
to mitigate or prevent displacement
of low income households.
Affordable housing impact linkage fee
on new commercial development
Community land trusts
Condominium conversion regulations
Fair housing legal services
First source hiring ordinances
Funding home sharing program (HIP
Housing)
Inclusionary housing
Just cause eviction
Local preference
Mobile home displacement prevention
Rent review board and/or mediation
Rent stabilization
Rental assistance and tenant education
and empowerment
Tenant relocation requirements
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According to the California Department of Housing and Community Development AFFH Data Viewer (HCD data viewer), East Palo Alto does not have any public housing buildings. However, the city does have a moderate (5% to 15%) share of households using housing vouchers.
Compared to nearby Menlo Park and Palo Alto, East Palo Alto appears accommodating to renters with housing vouchers because the city has a greater share of voucher holders compared to the surrounding communities. The presence of housing voucher users indicates available rental supply to house these residents and a lack of exclusionary behavior from landlords in the city.
Legal challenges. Legal challenges in the past two decades have placed East Palo Alto’s affordable rental housing stock in a unique situation and increased displacement among East Palo Alto residents unable to afford rising rent prices.
In 2006, Page Mill Properties, a Palo Alto-based real estate investment firm, assumed management of over 1,800 rental units in the Woodland Park neighborhood of East Palo Alto.
The property management group purchased the units at market value, intending to rehabilitate units with deferred maintenance issues such as new roofs, gates, seismic upgrades, night security, and surveillance cameras. To pay for such improvements, the majority of tenants’ rents increased twice during 2008—an average of 9% in the first rent change, followed by an average
7.7% increase.36 Abrupt and continuous rent increases can shift the composition of residents – pushing out or pressuring lower income households and inviting residents with higher incomes on average, often workers in Technology and other high paying industries driving gentrification. 37 This pattern helps explain how Black resident population declined from 22% of 27,503 in the year 2000 to 16% of 29,637 in the year 2010. When rent increases don’t displace, it can be because households resort to overcrowding and overburdening, both of which are prevalent (2/3rds of renter households were overburdened in East Palo Alto according to the Housing Needs Report 2021).
However, according to East Palo Alto’s 1988 Rent Control Ordinance, rents can be increased annually at 100% of the Consumer Price Index (CPI) as set by the United States Department of Labor for the San Francisco/Oakland Metropolitan Area which was approximately 2.9% in 2008.
Property managers claimed that because the previous property owner did not annually increase rents, they should be able to legally recapture the unused annual rent increases. Despite East Palo Alto’s efforts to declare the rent change unlawful, the San Mateo Superior County ruled in favor of property managers.38
36 https://www.hcd.ca.gov/housing-elements/docs/east-palo-alto-5th-draft021215.pdf. 37 Post, T. W. (2018, November 5). In East Palo Alto, the influx of tech companies pushes residents to a breaking point over gentrification. The Mercury News. Retrieved January 10, 2023, from https://www.mercurynews.com/2018/11/05/in-east-palo-alto-the-influx-of-tech-companies-pushes-residents-to-abreaking-point-over-gentrification/ 38 Ibid.
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In 2009, Page Mill Properties defaulted in its loan obligations, allowing Wells Fargo Bank to take title of the rental properties after foreclosure proceedings in 2010. In December 2011, Wells Fargo Bank sold the properties to a Chicago-based corporation, Equity Residential. As a result of rent increases, families have reportedly been displaced due to rent increases.
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SECTION II. Integration and Segregation
This section discusses integration and segregation of the population by protected classes including race and ethnicity, disability status, familial status, and income status. The section concludes with an analysis of racially and ethnically concentrated areas of poverty and affluence.
Integration and Segregation
“Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.
Segregation generally means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.”
Source: California Department of Housing and Community Development Guidance, 2021, page 31.
Race and ethnicity. The population distribution by race and ethnicity in East Palo Alto is more diverse compared to the county. East Palo Alto shows the largest portion of the population being Hispanic/Latinx (66% v. 39% in the county), followed by Black or African American (11% v. 2% in the county). 39 The Asian and non-Hispanic White population make up 10% of the population each. The share of the Black or African American population decreased significantly from 23% to 11% since 2000, while the Hispanic/Latinx population increased from 60% to 66% and the non-Hispanic White increased from 7% to 10%. The share of the Asian population has remained stable. Black population decline has been a consistent pattern since at least 1980.
Multiple contributing factors explain this pattern. A history of redlining, racially restrictive covenants, and employment discrimination limited stable housing opportunities and wealth accumulation for generations of Black residents. Among Black residents able to secure homeownership, some sold and left, using equity to purchase homes in the region’s outer edges, namely cities and neighborhoods in Solano County, eastern Contra Costa County, and Southern Alameda County.
40 The subprime mortgage foreclosure crisis which followed deregulation and racially targeted predatory lending also dispossessed Black homeowners of wealth and housing stability.41 Today, stable housing is an urgent need for all groups in the city, but especially so for Black residents whose population has continued to decline. 39 The share of the population that identifies as American Indian or Alaska Native is less than 1%. 40 Urban Displacement Project and California Housing Partnership, Migration by Race and Income in Northern California, 2015, https://www.urbandisplacement.org/maps/sf-bay-area-migration-by-race-and-income/ 41 Jiménez Tomás R. (2017). Introduction. In The other side of assimilation how immigrants are changing American Life. University of California Press.
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The share of the population age 65 and over that is Black or African American is 30% compared to only 6% of the population under age 17. This pattern is consistent with relatively high homeownership rates (approximately 60% of Black Households) largely represented by legacy homeowners who have lived through recent decades of neighborhood transition with the ability to remain in place. Similarly in alignment with extreme age variation, the ability to raise a family, or for families with children to enter the city of East Palo Alto, has become more out of reach for many, resulting in the steepest decline in youth population of any city in the Bay Area between 2010 and 2020.
42As elder homeowners age toward the end of life, and youth and young adults struggle to get a foothold in the city, continued decline may be likely without proportional intervention to support the ability to remain in place and thrive in East Palo Alto Racial and ethnic minority populations generally have higher rates of poverty and lower household incomes compared to the non-Hispanic White population in East Palo Alto. East Palo Alto has no non-Hispanic White majority census tracts43 and several census tracts have Hispanic/Latinx majority.44
Dissimilarity and isolation indices. The Dissimilarity Index, or DI, is a common tool that measures segregation in a community. The DI is an index that measures the degree to which two distinct groups are evenly distributed across a geographic area. The DI represents the percentage of a group’s population that would have to move for each area in the county to have the same percentage of that group as the county overall.
DI values range from 0 to 100—where 0 is perfect integration and 100 is complete segregation.
Dissimilarity index values between 0 and 39 generally indicate low segregation, values between 40 and 54 generally indicate moderate segregation, and values between 55 and 100 generally indicate a high level of segregation.
The isolation index is interpreted as the probability that a randomly drawn minority resident shares an area with a member of the same minority, it ranges from 0 to 100 and higher values of isolation tend to indicate higher levels of segregation.
ABAG and UC Merced completed an analysis of racial and income segregation by both census tracts and block groups in East Palo Alto and the Bay Area region. Throughout the analysis, several indices were used to assess segregation in the city to determine how the city differs from patterns of segregation and integration in the region overall. A detailed explanation of their analysis is featured in Appendix I of the analysis; however, primary findings include:
42 Neilson, S. (2022, July 29). Nearly every Bay Area City lost kids over the last decade - except this one. here's why. San Francisco Chronicle. Retrieved January 10, 2023, from https://www.sfchronicle.com/bayarea/article/BayArea-kid-population-17331003.php 43 Majority census tracts show the predominant racial or ethnic group by tract compared to the next most populous. 44 Redlining maps, otherwise known as Home Owners’ Loan Corporation (HOLC) maps, are not available for San Mateo County.
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◼ Racial isolation indexes in East Palo Alto are relatively similar to that of neighboring jurisdictions (e.g., Redwood City) and the Bay Area region. In East Palo Alto and the Bay Area, Asian/Pacific Islander and Hispanic/Latinx isolation have progressively increased between 2000 and 2020 while segregation levels for White and Black or African American residents have declined.
◼ Since 2000, Hispanic/Latinx isolation indexes in East Palo Alto have been significantly higher than that of White residents, most likely due to the jurisdiction’s large population of Hispanic/Latinx residents. However, this differs from the rest of San Mateo County and the Bay Area overall where White residents have long been the most isolated racial group.
In 2020, unincorporated San Mateo County’s isolation index for White residents was
0.599, the Bay Area 0.491, and 0.084 in East Palo Alto (compared to 0.672 for Hispanic/Latinx residents in East Palo Alto).
◼ Dissimilarity indexes across all racial groups included in the analysis have declined between 2000 and 2020 in East Palo Alto and the Bay Area region, though DI values in the region have declined slower than East Palo Alto.
◼ Overall, DI values show that the highest segregation in East Palo Alto is between and Black or African American and White residents. As noted above, however, values declined sharply between 2010 (0.439) and 2020 (0.225). Segregation between and Black or African American and White residents in East Palo Alto was similar to the Bay Area region in 2020 but differed from San Mateo County where segregation between Hispanic/Latinx and White residents is highest on average. ◼ In line with surrounding jurisdictions and the Bay Area, very low-income residents (0%- 50% AMI) in East Palo Alto became more segregated between 2010 and 2015, with isolation index values increasing by approximately six percentage points. Unlike other areas, however, during the same time-frame moderate-income residents (80%-120% AMI) also became more isolated, though not as severe as very low-income residents. ◼ Comparing East Palo Alto to San Mateo County shows a different story. In East Palo Alto, lower-income groups are significantly more segregated and higher-income groups are much less segregated than the county overall. In 2015, isolation index values for very low-income residents was 0.561 and 0.116 for above moderate-income residents (>120% AMI). This compares to San Mateo County’s overall 0.410 (very low-income) and
0.496 (above moderate-income) isolation values.
◼ Similar to the Bay Area, DI values across income groups between 2010 and 2015 either remained the same or declined slightly (approximately one percentage point).
In terms of declining segregation for White and Black or African American residents in East Palo Alto, there is a notable decline in the jurisdiction’s population of Black or African American residents. In two decades, the population declined from 6,641 people to 3,190 people.
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Segregation for White residents, however, cannot be determined by population levels alone as numbers have shifted over the years. It should be noted that White residents comprise a relatively small portion of East Palo Alto’s total population. ABAG and UC Merced advise paying close attention to small populations as DI values can be less reliable.
These indices also show inconsistencies in income segregation between East Palo Alto and San Mateo County. This is largely due to differences in household income. As shown in Figure II-25 of the Map and Data Packet, only 17% of households in East Palo Alto earn greater than 100% of AMI compared to the overall county’s 49%. Compared to both the Bay Area region and San Mateo County, noticeably more households in East Palo Alito earn 50% below the AMI.
Increased segregation for very low-income residents in East Palo Alto can also be attributed to the Silicon Valley tech boom which many say has “created two parallel societies where the people at the top benefit a lot and the people at the bottom do not.”45 Disability status. The share of the population living with at least one disability is 6% in East Palo Alto, slightly lower than in San Mateo County’s 8%. There are no census tracts in the city with a share of the population living with a disability that reach 10%. Just west of Highway 101 there is a census tract in Menlo Park with a slightly higher concentration of people with disabilities at 10-20%. Geographic concentrations of people living with a disability may indicates the area has ample access to services, amenities, and transportation that support this population.
45 https://www.paloaltoonline.com/news/2019/09/15/equity-ripples-east-palo-alto-continues-to-struggle-amidstneighboring-tech-boom.
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To gain a better understanding disability status in East Palo Alto, the table below shows changes to the disability community over time by census tracts. Most tracts have seen minimal change, however, tract 6118 saw a 4% decrease in the number of people with a disability. It is hard to know if they went elsewhere in the city or had to seek resources elsewhere, but the pattern is important to note. The stagnation of disability status by census tract could indicate that the area cannot accommodate additional people with disabilities due to lack of accessible units, and thus they must seek other areas of San Mateo County.
Disability Status, 2014 and 2019
Census
Tract
2014 2019 Number
and %
change
2014-2019
6116 124 / 5% 157 / 6% 33 / 1%
6117 394 / 7% 435 / 8% 41 / 1%
6118 470 / 11% 323 / 7% -147 / -4%
6119 677 / 7% 423 / 4% -254 / -3%
6120 569 / 7% 551 / 8% -18 / -1%
6121 510 / 7% 656 / 8% 146 / 1%
Source: 5 year ACS 2014 and 2019
Familial Status. East Palo Alto is home to more large households (5-person or more) than the county with 27% of households compared to only 11% in the county. Additionally, there are fewer married couple households in the city and more female-headed family households compared to the county (21% v. 10% in the county). Female-headed households tend to have higher poverty rates, be younger and more diverse than the overall population. As shown in the table below, East Palo Alto has lost female-headed families over time, suggesting that this group has been priced out of housing in many census tracts.
Female-headed households with children present, 2014 and 2019 Census
Tract
2014 2019 Number
and %
change
2014-2019
6116 49 / 6% 21 / 3% -28 / -3%
6117 357 / 25% 169 / 12% -188 / -
13%
6118 175 / 21% 108 / 11% -67 / -10%
6119 220 / 9% 243 / 9% 23 / 0%
6120 73 / 5% 217 / 14% 144 / 9%
6121 207 / 8% 356 / 13% 149 / 5%
Source: 5-year ACS 2014 and 2019
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East Palo alto also has a higher share of households with children compared to the county (49% v. 33%). The area of the city bordering Menlo Park has a higher concentration of single female with children households.
The majority of residents living in East Palo Alto are renters (60%). Female headed households are the most likely to be renters, with seven out of ten female-headed households renting. The map shows that part of East Palo Alto and Menlo Park have a higher proportion of female-headed households with children than the surrounding area at 20%-40%. This concentration indicates that East Palo Alto likely offers affordable housing options to single mothers
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Household income. The household income distribution by percent of area median income (AMI) in East Palo Alto is more concentrated at lower incomes than the county. In East Palo Alto 50% of households have income below 50% AMI compared to 24% in the county.
There are several census block groups in the city that have median incomes below the 2020 state median income of $87,100. In addition, census block groups with median incomes below $55,000 are located in the central part of the city and west of Highway 101. Compared to the county, East Palo Alto has higher poverty rates between 10% and 20% but the city has no concentrations of census tracts with poverty rates between 20% and 30%.
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Racially or ethnically concentrated areas of poverty and affluence. Racially Concentrated Area of Poverty or an Ethnically Concentrated Area of Poverty (R/ECAP) and Racially Concentrated Areas of Affluence (RCAAs) represent opposing ends of the segregation spectrum from racially or ethnically segregated areas with high poverty rates to affluent predominantly non-Hispanic White neighborhoods. Historically, HUD has paid particular attention to R/ECAPs as a focus of policy and obligations to AFFH. Recent research out of the University of Minnesota Humphrey School of Public Affairs argues for the inclusion of RCAAs to acknowledge current and past policies that created and perpetuate these areas of high opportunity and exclusion.46 46 Goetz, E. G., Damiano, A., & Williams, R. A. (2019). Racially Concentrated Areas of Affluence: A Preliminary Investigation. Cityscape: A Journal of Policy Development and Research, 21(1), 99–124
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It is important to note that R/ECAPs and RCAAs are not areas of focus because of racial and ethnic concentrations alone. This study recognizes that racial and ethnic clusters can be a part of fair housing choice if they occur in a non-discriminatory market. Rather, R/ECAPs are meant to identify areas where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity, and conversely, RCAAs are meant to identify areas of particular advantage and exclusion.
R/ECAPs
HCD and HUD’s definition of a Racially/Ethnically Concentrated Area of Poverty is:
A census tract that has a non-White population of 50 percent or more (majoritypeople of color) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR
A census tract that has a non-White population of 50 percent or more (majoritypeople of color) AND the poverty rate is three times the average tract poverty rate for the County, whichever is lower.
Source: California Department of Housing and Community Development Guidance, 2021.
For this study, the poverty threshold used was three times the average tract poverty rate for the County—or 19.1%. In addition to R/ECAPs that meet the HUD threshold, this study includes edge or emerging R/ECAPs which hit two thirds of the HUD defined threshold for poverty—emerging R/ECAPs in San Mateo County have 2 times the average tract poverty rate for the county (12.8%).
In 2010 there were three census tracts that qualify as R/ECAPs (19.4% poverty rate) in the county and 11 that qualify as edge R/ECAPs (13% poverty rate). One of the R/ECAPs was located in East Palo Alto in 2010, and 2 edge R/ECAPs were located in East Palo Alto covering the entire are of the city east of Highway 101.
In 2019 there are two census tracts that qualify as R/ECAPs (19.1% poverty rate) in the county and 14 that qualify as edge R/ECAPs (12.8% poverty rate). Three of the 2019 edge R/ECAPs are located in East Palo Alto—which means they are majority people of color and have a poverty rate two times higher than the countywide census tract average, and none of the census tracts that qualify as R/ECAPs are located in East Palo Alto. The area that used to be an R/ECAP is located west of Menlo Park Business Park area but east of Highway 101. The poverty rate in this area decreased from 26% in 2010 to 11% in 2019. While the overall share of residents who are people of color remained stable, the share of Black or African American residents decreased and the shares of Asian/Pacific Islander and Hispanic/Latinx residents increased. The tables below compare edge R/ECAPs and non-edge R/ECAPs. Many census tracts between the two categories share similar characteristics of overpayment of housing cost and high non-white population.
However, the R/ECAP census tracts generally have more renters and lower median income,
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signifying deeper housing instability and need than non-R/ECAPs. Noticeably, the tracts with the highest incomes have the least overcrowding and overpayment issues.
Edge-R/CAPs
Census
Tract
Median
Income
% nonwhiteOwnerOccupied
Housing
Units
Renter
Occupied
Housing
Units
%
Overcro
wded
Househol
ds
%
Overpay
ment of
Renters
%
Overpay
ment of
Homeow
ners
6118 $68,083 71% 951 316 27% 57% 60%
6119 $100,038 61% 1,466 1,254 18% 28% 53%
6121 $57,627 48% 403 2,421 33% 68% 48%
Non-R/ECAPs
Census
Tract
Median
Income
%
nonwhite
OwnerOccupied
Housing
Units
Renter
Occupied
Housing
Units
%
Overcrowded
Households
%
Overpayment
of Renters
%
Overpayment
of
Homeowners
6116 $220,859 22% 665 114 0% 33% 27%
6117 $65,613 62% 656 795 23% 63% 43%
6120 $71,234 70% 836 754 34% 62% 59%
RCAAs. HCD’s definition of a Racially Concentrated Area of Affluence is “A census tract with a median income 1.25 times and more higher than in the region and a White population of 1.5 times and more higher than the region.” While many jurisdictions in San Mateo County are considered RCAAs, East Palo Alto is not a RCAA, as shown in Figure IV-34. This is most likely due to the greater portion of lower-income communities located in East Palo Alto and the small population of non-Hispanic White residents. In fact, people of color comprise more of East Palo Alto’s population than the Bay Area region as a whole. Historical local, state, and federal housing policies outlined in the beginning of this Assessment contributed to these patterns in neighborhood characteristics and disparities as many policies excluded people of color from accessing the same opportunities as White residents.
Unlike neighboring RCAAs, East Palo Alto is considered to be an overall low opportunity area and a moderate to low resource area with low education, economic, and environmental outcomes.
Though access to schools and other opportunities will be discussed in greater detail in Section III, it is important to note that although East Palo Alto residents have adequate access to schools,
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education results are severely low, nearly all students come from low-income households (91%), and over half are English learners (54%).47 Consistent with 5-year trends, in the 2018-2019 school year, less than 2 in 10 students were on grade level in English and math. 48 Given these outcomes,
many families in East Palo Alto have tried getting their children into the Tinsley Program—a 1986 initiative allowing a small number of children from Ravenswood School District to transfer to schools in the surrounding K-8 districts: Belmont-Redwood Shores, Las Lomitas, Menlo Park, Palo Alto, Portola Valley, San Carlos, and Woodside; all of which are mapped as RCAAs (Figure IV-34).
In terms of job proximity, however, East Palo Alto scores higher or in line with surrounding RCAAs.
Addressing inequities. East Palo Alto has taken numerous steps to address inequities in the area. Solutions to enhancing access to opportunities, reducing segregation, and providing increased affordable housing have been proposed and/or implemented in the form of policies, programs, goal setting, strategies, and more. Examples include:
Financial support policies to discourage gentrification and the displacement of existing residents;
Coordinating with Ravenswood School District, Sequoia School District, and private schools to improve transportation to/from school;
Development outreach—require sponsors of major development and/or infrastructure projects to initiative early and frequent communication with communities and show how community input was incorporated into plan prior to City Council approval; CalHome ADU/JADU Loan Program—joint effort between City staff and EPA CAN DO, launched January 2022;
Implement Affordable Housing Program—ongoing requirements for housing staff to maintain Inclusionary Housing program, Commercial Linkage Fee program, and Local Preference program;
Affordable housing overlay zone;
Jobs-housing linkage that links the production of commercial office spaces to affordable housing production;
Leverage available federal funding support for down payment and first-time homebuyer assistance.
47 https://innovateschools.org/wp-content/uploads/2021/01/2020-Spotlight-on-Schools-within-RESD.pdf. 48 Ibid.
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In addition to the above, the City of East Palo Alto works with the following groups to advance and improve affordable housing and human services programs:
Adults toward Independent Living;
Bayshore Community Resources Center;
Community Association for Rehabilitation, Inc.;
Community Overcoming Relationship Abuse;
Community Legal Services in East Palo Alto;
EDEN Housing;
El Comité del Lado Oeste;
Elder Care Locater;
EPA CAN DO;
Habitat for Humanity;
HIP Housing;
Housing Choices;
Housing Leadership Council of San Mateo County;
Human Investment Project;
MidPen Housing;
Nuestra Casa;
Preserving Affordable Housing Longterm, Inc;
Project Sentinel;
Samaritan House;
Shelter Network;
Spring St. Shelter/Mental Health Association;
WeHOPE;
Women and their Children’s Housing (WATCH);
Youth united for Community Action in East Palo Alto
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SECTION III. Access to Opportunity
This section discusses disparities in access to opportunity among protected classes including access to quality education, employment, transportation, and environment.
Access to Opportunity
“Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods. This encompasses education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities, including recreation, food and healthy environment (air, water, safe neighborhood, safety from environmental hazards, social services, and cultural institutions).”
Source: California Department of Housing and Community Development Guidance, 2021, page 34.
The California Tax Credit Allocation Committee (TCAC) in collaboration with HCD developed a series of opportunity maps that help to identify areas of the community with good or poor access to opportunity for residents. These maps were developed to align funding allocations with the goal of improving outcomes for low-income residents—particularly children.
The opportunity maps highlight areas of highest resource, high resource, moderate resource, moderate resource (rapidly changing), low resource and high segregation and poverty. TCAC provides opportunity maps for access to opportunity in quality education, employment, transportation, and environment. Opportunity scores are presented on a scale from zero to one and the higher the number, the more positive the outcomes.
Education. TCAC’s education score is based on math proficiency, reading proficiency, high school graduation rates, and the student poverty rate. According to TCAC’s educational opportunity map, all areas in East Palo Alto score below 0.50—opportunity scores are presented on a scale from zero to one and the higher the number, the more positive the outcomes. Census tracts bordering Menlo Park and east of Highway 101 score below 0.25.
East Palo Alto is served by the Ravenswood City Elementary School District; and the Sequoia Union Unified High School District.
Enrollment in Ravenswood City Elementary decreased 30%. This represents a much larger decrease than the 1% decrease experienced in the county.
Enrollment in Sequoia Union increased by 18% from 2010 to 2020.
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Ravenswood City Elementary has a much higher share of Hispanic/Latinx students than San Mateo County (84% v. 38%). The enrollment composition in Sequoia Union is similar to the countywide distribution.
Overall, 29% of public school students in San Mateo County qualify for reduced lunch. This was substantially higher in Ravenswood City Elementary School District, where 83% of students qualify for reduced lunch. In Ravenswood City Elementary, 30% of students are experiencing homelessness. This is an outlier in the county, where overall just 2% are experiencing homelessness.
County-wide, 20% of public school students are English learners. Again, this rate is highest at Ravenswood City Elementary, where 53% of students are English learners.
In addition to the high concentration, Hispanic/Latinx students at Ravenswood City Elementary are the least likely to have met or exceeded mathematics and English testing standards in the county.
Countywide 27% of Hispanic/Latinx students met or exceeded mathematics testing standards and 40% met or exceeded English testing standards. These almost double the 15% and 21% in Ravenswood City.
Many high schoolers in the county met admission standards for a University of California (UC) or California State University (CSU) school. Of the high school districts in San Mateo County, Sequoia Union had the highest rate of graduates who met such admission standards at 69% followed by San Mateo Union High with 68%. Pacific Islander, Hispanic/Latinx, and Black/African American students in the Sequoia Union district were less likely to meet the admission standards with rates of 38%, 55%, and 50% respectively.
Despite the high share of students meeting college admission standards, Sequoia Union has the second to lowest college going rate, at 70%. The highest rate was 77% in San Mateo Union High.
In addition, Sequoia Union district has the highest dropout rate in the County (10%), and dropout rates among Pacific Islander (20%), Hispanic/Latinx (16%), and Black/African American (12%) students are much higher.
Employment. The top industry by number of jobs in East Palo Alto is the health and educational services, followed by retail, and arts, recreation, and other services. The top industries by workers living in East Palo Alto are the health and educational services, professional and managerial services, and arts, recreation, and other services.
East Palo Alto has a lower job to household ratio when compared to the county at 0.57 and 1.59 respectively. This makes the city an exporter of workers to other communities.
The city also has a higher unemployment rate than the county and the Bay Area.
TCAC’s economic opportunity score is comprised of poverty, adult educational attainment, employment, job proximity, and median home value. East Palo Alto scores are below 0.50 and
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areas with the lowest economic opportunity scores—below 0.25— are concentrated in the part of the city that borders Menlo Park and are east of Highway 101.
HUD’s job proximity index shows these areas are in relatively close proximity to jobs. On a scale from zero to 100 where 100 is the closest proximity to jobs the majority of the city scores above
60. Transportation. This section provides a summary of the transportation system that serves East Palo Alto and the broader region including emerging trends and data relevant to transportation access in the city. The San Mateo County Transit District acts as the administrative body for transit and transportation programs in the county including SamTrans and the Caltrain commuter rail. SamTrans provides bus services in San Mateo County, including Redi-Wheels paratransit service.
In 2018, the Metropolitan Transportation Commission (MTC), which covers the entire Bay Area, adopted a coordinated public transit and human services transportation plan. While developing the coordinated plan, the MTC conducted extensive community outreach about transportation within the area. That plan—which was developed by assessing the effectiveness of how well seniors, persons with disabilities, veterans, and people with low incomes are served—was reviewed to determine gaps in services in San Mateo and the county overall. Below is a summary of comments relevant to East Palo Alto and San Mateo County. “San Mateo’s PCC and County Health System, as well as the Peninsula Family Service Agency provided feedback. The most common themes expressed had to do with pedestrian and bicycle needs at specific locations throughout the county, though some covered more general comments such as parked cars blocking sidewalk right-of-way and a desire for bike lanes to accommodate motorized scooters and wheelchairs. Transportation information, emerging mobility providers, and transit fares were other common themes.
While some comments related to the use of car share, transportation network companies (TNCs), or autonomous vehicles as potential solutions, other comments called for the increased accessibility and affordability of these services in the meantime.”49 Transit improvements recommended for East Palo Alto include:
“East Palo Alto individuals do not have direct, fixed-route service to San Mateo Medical Center. A transfer and drop off is located at El Camino Real and 37th Avenue, but patients are still required to walk the remaining distance up a hill to the SM Medical Center (County Hospital). The cost of this trip and transfers is a great hardship for low income individuals. Craig added that getting to this medical facility is a hardship for many people because of the distance to the stop and the terrain.”
49 https://mtc.ca.gov/sites/default/files/MTC_Coordinated_Plan.pdf
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A partnership between the World Institute on Disability and the MTC created the research and community engagement project TRACS (Transportation Resilience, Accessibility & Climate Sustainability). The project’s overall goal is to, “stimulate connection and communication between the community of seniors and people with disabilities together with the transportation system– the agencies in the region local to the San Francisco bay, served by MTC.”50 As part of the TRACS outreach process, respondents were asked to share their compliments or good experiences with MTC transit. One respondent who had used multiple services said, “it is my sense that SamTrans is the best Bay Area transit provider in terms of overall disability accommodation.”
The San Mateo County Transit District updated their Mobility Plan for Older Adults and People with Disabilities in 2018. According to the district, the county’s senior population is expected to grow more than 70% over the next 20 years and the district is experiencing unprecedented increases in paratransit ridership. The plan is targeted at developing effective mobility programs for residents with disabilities and older adults including viable alternatives to paratransit, partnerships, and leveraging funding sources.51 MTC also launched Clipper START—an 18-month pilot project— in 2020 which provides fare discounts on single transit rides for riders whose household income is no more than double the federal poverty level.52
Environment. TCAC’s opportunity areas environmental scores are based on the CalEnviroScreen 3.0 indicators, which identify areas disproportionately vulnerable to pollution sources such as ozone, PM2.5, diesel PM, pesticides, toxic release, traffic, cleanup sites, groundwater threats, hazardous waste, impaired water bodies, and solid waste sites.
East Palo Alto has worse scores than neighboring communities. The city also scores lower on the California Healthy Places Index (HPI) developed by the Public Health Alliance of Southern California (PHASC).
The HPI includes 25 community characteristics in eight categories including economic, social, education, transportation, neighborhood, housing, clean environment, and healthcare.53 The area east of Highway 101 close to Menlo Park scores the lowest on the HPI.
Disparities in access to opportunity. Data show that racial and ethnic minorities are more likely to live in low resource areas compared to non-Hispanic White residents. Two thirds (64%) of the population living in low resource areas are Hispanic/Latinx. TCAC’s composite opportunity score for East Palo Alto shows census tracts in the west of Highway 101 and Tracts 50 https://wid.org/transportation-accessibility/
51https://www.samtrans.com/Planning/Planning_and_Research/Mobility_Plan_for_Older_Adults_and_People_with_ Disabilities.html
52 https://mtc.ca.gov/planning/transportation/access-equity-mobility/clipperr-startsm 53 https://healthyplacesindex.org/about/
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closer to Menlo Park fall within low resource areas while the rest of the city is within moderate resource areas.
The Social Vulnerability Index (SVI) provided by the CDC—ranks census tracts based on their ability to respond to a disaster—includes four themes of socioeconomic status, household composition, race or ethnicity, and housing and transportation. The area east of Highway 101 and close to Menlo Park is most vulnerable according to the SVI.
Most of the area east of Highway 101 in East Palo Alto qualifies as a disadvantaged community as defined under SB 535, “disadvantaged communities are defined as the top 25% scoring areas from CalEnviroScreen along with other areas with high amounts of pollution and low populations.”54
Disparities specific to the population living with a disability. Six percent of the population in East Palo Alto are living with at least one disability, a lower share than the county. The most common disabilities in East Palo Alto are ambulatory (4%), cognitive (2.6%), and independent living (2.5%).
Disability
“Disability types include hearing difficulty, vision difficulty, cognitive difficulty, ambulatory difficulty, self-care difficulty, and independent living difficulty.” Source: California Department of Housing and Community Development Guidance, 2021, page 36.
For the population 65 and over the share of the population with an ambulatory or independent living difficulty increases. As mentioned above under access to transportation, San Mateo County is rapidly aging, therefore this population with a disability is likely to increase.
Unemployment is disproportionately high among residents living with a disability at 18% compared to 4% for residents without a disability. High unemployment rates among this population points to a need for increased services and resources to connect this population with employment opportunities.
54 https://oehha.ca.gov/calenviroscreen/sb535
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SECTION IV. Disparate Housing Needs
This section discusses disparate housing needs for protected classes including cost burden and severe cost burden, overcrowding, substandard housing conditions, homelessness, displacement, and other considerations.
Disproportionate Housing Needs
“Disproportionate housing needs generally refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area. For purposes of this definition, categories of housing need are based on such factors as cost burden and severe cost burden, overcrowding, homelessness, and substandard housing conditions.”
Source: California Department of Housing and Community Development Guidance, 2021, page 39.