Future construction activities in conformance with these permit requirements and regulations would result in a less than significant soil erosion impact. (Less than Significant Impact) Impact GEO-3: The project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. (No Impact)
Due to the flat topography of the project site and surrounding area, there are no existing slope instability or landslide related hazards on or adjacent to the site. The project site is not in an area susceptible to lateral spreading. However, as discussed in Section 4.7.1 Environmental Setting, the project site is located within a liquefaction hazard zone. Therefore, future library development would be located on a site that is subject to liquefaction. As stated under Impact GEO-1 above, the proposed project would be reviewed for compliance with General Plan Safety and Noise Element Policies 1.1,
1.2, and 1.3 and for compliance with the CBC requirements, Chapter 15.48 of the Municipal Code, 48 California Geologic Survey. Earthquake Zones of Required Investigation, 2474 Pulgas Avenue, East Palo Alto, California. Accessed August 29, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/
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and the Geotechnical Investigation recommendations to address unstable soils and appropriate fill material. The proposed project would be designed and constructed to not cause the project site or immediately surrounding sites to experience unstable ground failure or liquefaction. Therefore, the project would not create substantial direct or indirect risks to life or property due to landslides, lateral spreading, subsidence, liquefaction, or collapse. (No Impact) Impact GEO-4: The project would not be located on expansive soil, as defined in the current California Building Code, creating substantial direct or indirect risks to life or property. (No Impact)
Existing on-site soil has moderate expansion potential.49 As noted in Section 3.2.6 Project Construction, approximately 1,855 to 5,621 cubic yards of soil would be imported to the site during construction to elevate the future building above flood levels. However, consistent with General Plan Safety and Noise Policies 1.1 through 1.3 the future library development would be designed to comply with CBC requirements, Chapter 15.48 of the Municipal Code, and the Geotechnical Investigation recommendations to address the effect of expansive soil on the project. Therefore, the project would not create substantial direct or indirect risks to life or property due to expansive soils. (No Impact)
Impact GEO-5: The project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. (No Impact) Future library development would be served by the existing EPASD wastewater system. No septic systems would be required to serve the library on-site; therefore, the proposed project would not result in direct or indirect soils impacts due to the installation of septic tanks or alternative wastewater disposal systems. (No Impact)
Impact GEO-6: The project would not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. (Less than Significant Impact with Mitigation Incorporated)
There are no unique geologic features at the project site. The Holocene-age deposits that underlie the project site could contain paleontological resources. Therefore, future library development would include ground-disturbing construction activities that could potentially impact currently unknown paleontological resources during construction.
Impact GEO-6: Ground disturbing activities associated with project construction could disturb currently unrecorded paleontological resources or a unique geologic feature. (Significant Impact)
49 Cornerstone Earth Group. Preliminary Geotechnical Investigation, East Palo Alto Library 2474 Pulgas Avenue, East Palo Alto California. July 15, 2022.
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Mitigation Measure: Consistent with the General Plan EIR, the proposed project would implement the following mitigation measures to reduce impacts to unrecorded paleontological resources during project construction activities to a less than significant level.
MM GEO-6.1: If paleontological resources are encountered during grading or excavation, all construction activities within 50 feet of the find shall stop and the City of East Palo Alto Director of Community and Economic Development shall be notified.
A qualified paleontologist shall inspect the find within 48 hours of discovery. If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or left undisturbed. If preservation in place is not feasible. (e.g., planning construction activities to avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soils, and deeding the site into a permanent conservation easement) data recovery through excavation shall be conducted by a qualified paleontologist with a data recovery plan in place.
With implementation of MM GEO-6, if previously unrecorded paleontological resources are discovered during project construction, halting and avoiding or implementing a data recovery plan as required under MM GEO-6.1 would reduce potential impacts to unique paleontological resources to a less than significant level. (Less than Significant Impact with Mitigation Incorporated)
4.7.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on residents or future users of a proposed project are not considered CEQA impacts. The following discussion is included for informational purposes only because the City of East Palo Alto has policies that address existing geology and soils conditions affecting a proposed project.
City of East Palo Alto General Plan policies and RBD Specific Plan policies (specifically Safety and Noise policies 1.1 through 1.3 in the General Plan and Land Use Community Character Policy 9.3 in the RBD) would be incorporated into the project to address the effect of geology and soil conditions on the project. In conformance with the certified RBD Specific Plan EIR and current standard practices in the City of East Palo Alto, the project proposes to implement the following, previously approved mitigation measures to reduce hazards associated with seismically induced ground shaking and expansive fill on the site.
Standard Permit Condition for Projects in the RBD Specific Plan Area:
• All structures shall be designed using sound engineering judgment and the latest California Building Code (CBC) requirements as a minimum. Seismic design provisions of current building codes generally prescribe minimum lateral forces, applied statically to the structure, combined with the gravity forces of dead and live loads. The code-prescribed lateral forces are generally substantially smaller than the expected peak forces that would be associated
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with a major earthquake. Therefore, structures shall be able to do all of the following:
a. Resist minor earthquakes without damage.
b. Resist moderate earthquakes without structural damage but with some nonstructural damage.
c. Resist major earthquakes without collapse but with some structural as well as nonstructural damage.
• The foundation shall be designed to compensate for effects of liquefaction, differential settlement, and lateral spreading due to earthquakes. The foundations shall be designed by a qualified structural engineer using soil design parameters developed by qualified geotechnical consultants and verified by the City Building Division. • Earthwork activities, including remedial grading, shall be performed using the recommendations provided by a qualified geotechnical consultant, and the foundation shall be designed by a qualified structural engineer using soil design parameters developed by a qualified geotechnical consultant and verified by the City Building Division. • Improvements on areas of soft Bay Mud and artificial fill must be designed with under the guidance of suitably qualified geotechnical consultants to ensure that the underlying substrate is capable of withstanding the load. Existing fills may need to be removed and replaced with engineered fills.
• Earthwork and foundations shall be designed to compensate for effects of expansive soils.
Fill placement and foundation design criteria shall be developed by qualified geotechnical consultants and verified by the City Building Division.
With implementation of the geotechnical evaluation recommendations, General Plan and RBD Specific Plan policies and RBD Specific Plan EIR measures, the proposed project would not expose people or structures associated with the proposed project to potential substantial adverse effects due to seismic ground shaking or seismic-related ground failure, including liquefaction.
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GREENHOUSE GAS EMISSIONS
4.8.1 Environmental Setting
Background Information
Gases that trap heat in the atmosphere, GHGs, regulate the earth’s temperature. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate. In GHG emission inventories, the weight of each gas is multiplied by its global warming potential (GWP) and is measured in units of CO2 equivalents (CO2e). The most common GHGs are carbon dioxide (CO2) and water vapor but there are also several others, most importantly methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These are released into the earth’s atmosphere through a variety of natural processes and human activities.
Sources of GHGs are generally as follows:
• CO2 and N2O are byproducts of fossil fuel combustion. • N2O is associated with agricultural operations such as fertilization of crops. • CH4 is commonly created by off-gassing from agricultural practices (e.g., keeping livestock) and landfill operations.
• Chlorofluorocarbons (CFCs) were widely used as refrigerants, propellants, and cleaning solvents, but their production has been stopped by international treaty. • HFCs are now used as a substitute for CFCs in refrigeration and cooling. • PFCs and SF6 emissions are commonly created by industries such as aluminum production and semiconductor manufacturing.
An expanding body of scientific research supports the theory that global climate change is currently causing changes in weather patterns, average sea level, ocean acidification, chemical reaction rates, and precipitation rates, and that it will increasingly do so in the future. The climate and several naturally occurring resources within California are adversely affected by the global warming trend.
Increased precipitation and sea level rise will increase coastal flooding, saltwater intrusion, and degradation of wetlands. Mass migration and/or loss of plant and animal species could also occur.
Potential effects of global climate change that could adversely affect human health include more extreme heat waves and heat-related stress; an increase in climate-sensitive diseases; more frequent and intense natural disasters such as flooding, hurricanes and drought; and increased levels of air pollution.
Regulatory Framework
State
Assembly Bill 32
Under the California Global Warming Solutions Act, also known as AB 32, CARB established a statewide GHG emissions cap for 2020, adopted mandatory reporting rules for significant sources of GHGs, and adopted a comprehensive plan, known as the Climate Change Scoping Plan, identifying how emission reductions would be achieved from significant GHG sources.
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In 2016, SB 32 was signed into law, amending the California Global Warming Solution Act. SB 32, and accompanying Executive Order B-30-15, require CARB to ensure that statewide GHG emissions are reduced to 40 percent below the 1990 level by 2030. CARB updated its Climate Change Scoping Plan in December of 2017 to express the 2030 statewide target in terms of million metric tons of CO2E (MMTCO2e). Based on the emissions reductions directed by SB 32, the annual 2030 statewide target emissions level for California is 260 MMTCO2e and net zero by 2045.
Senate Bill 375
SB 375, known as the Sustainable Communities Strategy and Climate Protection Act, was signed into law in September 2008. SB 375 builds upon AB 32 by requiring CARB to develop regional GHG reduction targets for automobile and light truck sectors for 2020 and 2035. The per-capita GHG emissions reduction targets for passenger vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent reduction by 2035.
Consistent with the requirements of SB 375, the Metropolitan Transportation Commission (MTC) partnered with the Association of Bay Area Governments (ABAG), BAAQMD, and the Bay Conservation and Development Commission to prepare the region’s Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan process. The SCS is referred to as Plan Bay Area 2040. Plan Bay Area 2040 establishes a course for reducing per-capita GHG emissions through the promotion of compact, high-density, mixed-use neighborhoods near transit, particularly within identified Priority Development Areas (PDAs).
Regional and Local
2017 Clean Air Plan
To protect the climate, the 2017 CAP (prepared by BAAQMD) includes control measures designed to reduce emissions of methane and other super-GHGs that are potent climate pollutants in the nearterm, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.
CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area. The jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing GHG impacts developed by BAAQMD within the CEQA Air Quality Guidelines. The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended mitigation measures.
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating greenhouse gas emissions impacts resulting from planned development within the City including the following:
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Policy Parks, Open Space, and Conservation
7.1 Citywide building energy efficiency. Promote and encourage citywide building energy efficiency through strategies that may include the following:
• Retrofits of buildings with energy-efficient technology • High energy performance in new buildings, in excess of CALGreen when possible.
7.2 Municipal building energy efficiency. Strive for high levels of energy efficiency in municipal facilities
7.3 Energy-efficient infrastructure. Whenever possible, use energy efficient models and technology when replacing or providing new city infrastructure such as streetlights, traffic signals, water conveyance pumps, or other public infrastructure.
8.1 Climate Action Plan. Implement and regularly update the City’s Climate Action Plan (CAP). Update the City’s Greenhouse Gas Inventory and associated implementation actions matric every 2 to 3 years, and the overall CAP framework document every 5 to 10 years.
8.2 Heat island reductions. Require heat island reduction strategies in new developments such as light-colored cool roofs, light-colored paving, permeable paving, right-sized parking requirements, vegetative cover and planting, substantial tree canopy coverage, and south and west side tree planting.
8.3 Public realm shading. Strive to improve shading in public spaces such as bus stops, sidewalks and public parks and plazas through the use of trees, shelters, awnings, gazebos, fabric shading and other creative cooling strategies.
8.4 Reducing GHG emissions. In consulting with applicants and designing new facilities, prioritize the selection of green building design features that enhance the reduction of GHG emissions.
8.11 Green building certifications. Require that new residential, commercial, or mixed-use buildings over 20,000 square feet earn LEED Silver certification (or equivalent) including meeting the minimum CALGreen code requirements.
8.12 Green waste management practices. Support ongoing green waste recycling efforts and facilitate composting opportunities for residents and businesses in order to reduce surface ozone pollution and offset greenhouse gas emissions and provide soil nutrients.
Policy Transportation
2.1 Accommodating all modes. Plan, design and construct transportation projects to safely accommodate the needs of pedestrians, bicyclists, transit riders, motorists, people with disabilities, and persons of all ages and abilities.
3.2 Pedestrian network. Create a safe, comfortable, and convenient pedestrian network that focuses on a) safe travel; b) improving connections between neighborhoods and commercial areas, and across existing barriers; c) providing places to sit or gather, pedestrian-scaled street lighting, and buffers from moving vehicle traffic; and d) includes amenities that attract people of all ages and abilities.
4.1 Bicycle network. Improve facilities and eliminate gaps along the bicycle network to connect destinations across the city and create a network of bicycle facilities of multiple types that connect to neighboring cities, including a path along Newell Road between Highway 101 and San Francisquito Creek. The network should facilitate bicycling for commuting, school, shopping, and recreational trips by riders of all ages and levels of experience.
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4.5 Public bicycle parking. Increase the amount of safe and convenient short- and long-term bicycle parking and storage available to the public throughout the city.
4.6 Bicycle parking standards. Require large public and private development projects to provide sufficient bicycle parking, shower and locker facilities.
City of East Palo Alto Climate Action Plan
On December 2011, the City of East Palo Alto adopted the City of East Palo Alto Final Climate Action Plan Twenty-Three Actions to Address Our Changing Climate. This document includes goals and actions that the City of East Palo Alto can take to reduce their GHG emissions. The City’s emissions reduction goal is to reduce GHG emissions 15 percent below the baseline 2005 levels by 2020. This climate action plan is considered a qualified GHG Reduction Strategy.
The City is currently in the process of updating the Climate Action Plan. A draft of the updated plan was released to the public in April of 2022 and is expected to be brought to City Council for approval in the middle of 2023.50 The City of East Palo Alto’s draft 2030 Climate Action Plan includes a prioritized list of actions for reducing the City’s greenhouse gas emissions, such as increasing electrification efforts in commercial and residential properties, encouraging swapping for electric vehicles with the assistance of rebates, and improving the walkability and bike-ability of the City over the long term. The goal of this draft plan is to improve the health and resilience of the community in the face of climate change, as well as to stay on track to comply with the State’s goal of achieving carbon neutrality by 2045. Future library development on-site would be subject to the Climate Action plan in effect at the time of design development.
City of East Palo Alto Building Electrification and Electric Vehicle Infrastructure Reach Codes Ordinance
City Council adopted the City of East Palo Alto Building Electrification and Electric Vehicle Infrastructure Reach Codes Ordinance on October 20, 2020. The ordinance includes requirements for electrification, solar, and EV infrastructure on all new residential and commercial buildings and other non-residential buildings within the city. The City is currently in the process of updating the Reach Codes Ordinance. Future library development would be required to comply with the Reach Codes Ordinance in effect at the time of project design.
Existing Conditions
Unlike emissions of criteria and toxic air pollutants, which have regional and local impacts, emissions of GHGs have a broader, global impact. Global warming is a process whereby GHGs accumulating in the upper atmosphere contribute to an increase in the temperature of the earth and changes in the weather patterns.
The project site is currently partially developed with a gravel parking lot and undeveloped grass area.
Use of the site is minimal, therefore, operational GHG emissions were not estimated. 50 City of East Palo Alto. Draft 2030 Climate Action Plan and Adaptation Strategies. April 2022. Accessed January 26, 2023.
https://www.cityofepa.org/sites/default/files/fileattachments/community_amp_economic_development/page/9041/dr aft_epa_community_cap_and_adaptation_strategies_2030_04.26.2020.pdf
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4.8.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Generate greenhouse gas (GHG) emissions,
either directly or indirectly, that may have a
significant impact on the environment?
2) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
the emissions of GHGs?
Construction Emissions
Future development that could occur with project approval would result in GHG emissions associated with construction activities, including operation of construction equipment and emissions from construction worker’s personal vehicles traveling to and from the construction site.
Construction-related GHG emissions vary depending on the level of activity, length of construction period, types of equipment, etc. Neither the City nor BAAQMD has established a qualitative threshold or standard for determining whether a project’s construction related GHG emissions are significant. Future development is assumed to last approximately 24 months. Because future construction would be temporary and potential development would implement construction BMPs (see Section 4.3 Air Quality) that would reduce construction equipment idling (thereby reducing GHG emissions), construction related emissions of any future development project would be less than significant. (Less than Significant Impact)
Operational Emissions
The General Plan EIR concluded that GHG emissions from buildout of the General Plan would be less than significant.51 If the City decides to proceed with the purchase of the property, a library would be developed on the project site at a future date. Development of a library in the RBD Specific Plan area was previously assumed and analyzed in the General Plan and General Plan EIR.
Therefore, GHG emissions associated with future library development on-site, i.e. within the RBD Specific Plan area, has already been estimated in the General Plan and General Plan EIR. Future library development would be required to comply with the City’s GHG reduction policies such as the Reach Code, Municipal Code, and applicable General Plan Policies listed in Section 4.8.1.2 Regulatory Framework. During operation, the library would receive electricity from Peninsula Clean Energy and would receive 100 percent GHG emissions free electricity. Additionally, future library development would be required to demonstrate compliance with the City’s policies and regulations. 51 City of East Palo Alto. East Palo Alto General Plan Update Draft EIR. April 2016. P. 4.7-15.
Impact GHG-1: The project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. (Less than Significant Impact)
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Therefore, the project would not directly or indirectly generate significant amounts of GHG emissions or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. (Less than Significant Impact) CARB Climate Change Scoping Plan
The CARB Scoping Plan provides a framework for state government to lower GHG emissions statewide in order to reach GHG reduction goals. Local governments play a role in these statewide efforts by enforcing the California Building Code and CALGreen Building Code on individual development projects. The proposed project would comply with requirements of the City-adopted CALGreen Building Code requirements. The project would be required to comply with the City’s Reach Code requirements for all electric building operations, rooftop solar panels, and electric vehicle infrastructure. The project would also be required to comply with Municipal Code requirements for on-site bicycle parking and water efficient landscaping and stormwater management. While the measures in the Scoping plan are not generally directly applicable to individual land use projects, the energy efficiency and water conservation measures included in the project would be consistent with the intent of this statewide plan to reduce GHG emissions through 2030.
Plan Bay Area and 2017 CAP
Although the project site is not located within an identified PDA, as discussed in Section 4.8.1 Environmental Setting, future library development on-site would be considered an infill development and would not conflict with the latest clean air plan and GHG reduction planning efforts. The project would provide an additional library facility where one currently exists. Therefore, vehicle trips from library users located closer to the project site would be shorter as users would no longer travel as far to access library facilities, reducing emissions of methane or other super-GHGs from vehicle trips.
As discussed in Section 4.14, Public Services, the City’s General Plan calls for the City to coordinate with San Mateo County to provide 750 square feet of library facilities for every 1,000 residents.52 The estimated emissions associated with future library development were previously assumed and analyzed in the General Plan and General Plan EIR. Furthermore, because growth assumptions for Plan Bay Area are based on locally adopted general plans, the proposed project would be consistent with the growth assumptions for development contained in Plan Bay Area 2040. For these reasons, the proposed project would not conflict with Plan Bay Area or the 2017 CAP.
East Palo Alto General Plan and Climate Action Plan
Future library development on the site would be designed to conform with energy, transportation, water conservation, and waste reduction policies and regulations of the City of East Palo Alto, including the Climate Action Plan in effect at the time of project design development. As noted previously, consistent with the General Plan’s Parks, Open Space and Conservation Policy 8.4, the 52 City of East Palo Alto. Vista 2035 East Palo Alto General Plan. October 4, 2016. Page 9-11.
Impact GHG-2: The project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. (Less than Significant Impact)
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project would include the following green building features design features that would reduce GHG emissions.
• Compliance with the current CALGreen code requirements, as adopted by the City of East Palo Alto;
• Water conservation measures for landscaping, consistent with the City’s landscape ordinance;
• Energy Star appliances and water-reducing fixtures; and Climate Action Plan implementation Measures E-1.3 and MU-1.3 apply to the proposed project and future library development. Measure E-1.3 calls for the City to promote water efficiency. Measure MU-1.3 calls for installation of solar panels on City-owned buildings/land. As discussed under CARB Climate Scoping Plan, future library development on-site would be subject to and comply with the City’s CALGreen Building Code requirements and Reach Code which requires use of water efficient plumbing fixtures and appliances in new construction and the installation of solar panels.
For these reasons, the project would be consistent with Measure E-1.3 and Measure MU-1.3 of the City’s Climate Action Plan.
As discussed above, the proposed project would be consistent with the goals, policies, and development standards in the General Plan, measures in the City’s Climate Action Plan, the City’s CALGreen Building Code requirements, CARB Scoping Plan, Plan Bay Area, 2017 CAP and the City’s Reach Code. Following the City’s expected 2023 adoption of the draft CAP addressing 2030, the future library design would be subject to the 2030 CAP. These measures would reduce energy consumption and therefore would reduce GHG emissions. For this reason, the project would not conflict with applicable plans adopted for the purpose of reducing the emissions of GHGs. (Less than Significant Impact)
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HAZARDS AND HAZARDOUS MATERIALS
The following discussion is based, in part, on a Phase I Environmental Site Assessment and Phase II Environmental Site Assessment prepared for the project by Cornerstone Earth Group, Inc. in November 2021 and July 2022, respectively. These reports are included as Appendix B to this Initial Study.
4.9.1 Environmental Setting
Overview
The storage, use, generation, transport, and disposal of hazardous materials and waste are highly regulated under federal and state laws. In California, the EPA has granted most enforcement authority over federal hazardous materials regulations to the California Environmental Protection Agency (CalEPA). In turn, local agencies have been granted responsibility for implementation and enforcement of many hazardous materials regulations under the Certified Unified Program Agency (CUPA) program.
Worker health and safety and public safety are key issues when dealing with hazardous materials.
Proper handling and disposal of hazardous material is vital if it is disturbed during project construction. Cal/OSHA enforces state worker health and safety regulations related to construction activities. Regulations include exposure limits, requirements for protective clothing, and training requirements to prevent exposure to hazardous materials. Cal/OSHA also enforces occupational health and safety regulations specific to lead and asbestos investigations and abatement.
Federal and State
Federal Aviation Regulations Part 77
Federal Aviation Regulations, Part 77 Objects Affecting Navigable Airspace (FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the Federal Aviation Administration (FAA) be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above the ground.
Government Code Section 65962.5
Section 65962.5 of the Government Code requires CalEPA to develop and update a list of hazardous waste and substances sites, known as the Cortese List. The Cortese List is used by state and local agencies and developers to comply with CEQA requirements. The Cortese List includes hazardous substance release sites identified by the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB).53
53 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed September 16, 2022. https://calepa.ca.gov/sitecleanup/corteselist/.
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California Accidental Release Prevention Program
The California Accidental Release Prevention (CalARP) Program aims to prevent accidental releases of regulated hazardous materials that represent a potential hazard beyond the boundaries of a property. Facilities that are required to participate in the CalARP Program use or store specified quantities of toxic and flammable substances (hazardous materials) that can have off-site consequences if accidentally released. The San Mateo County Department of Environmental Health reviews CalARP risk management plans as the CUPA.
Asbestos-Containing Materials
Friable asbestos is any asbestos containing material (ACM) that, when dry, can easily be crumbled or pulverized to a powder by hand, allowing the asbestos particles to become airborne. Common examples of products that have been found to contain friable asbestos include acoustical ceilings, plaster, wallboard, and thermal insulation for water heaters and pipes. Common examples of nonfriable ACMs are asphalt roofing shingles, vinyl floor tiles, and transite siding made with cement.
The EPA phased out use of friable asbestos products between 1973 and 1978. National Emission Standards for Hazardous Air Pollutants guidelines require that potentially friable ACMs be removed prior to building demolition or remodeling that may disturb the ACMs.
CCR Title 8, Section 1532.1
The United States Consumer Product Safety Commission banned the use of lead-based paint in 1978.
Removal of older structures with lead-based paint is subject to requirements outlined by Cal/OSHA Lead in Construction Standard, CCR Title 8, Section 1532.1 during demolition activities.
Requirements include employee training, employee air monitoring, and dust control. If lead-based paint is peeling, flaking, or blistered, it is required to be removed prior to demolition.
Local Regulations
Comprehensive Land Use Plan for Palo Alto Airport
The project site is approximately one-mile northwest of the Palo Alto Airport; the closest airport to the site. The Palo Alto Airport Comprehensive Land Use Plan (CLUP) is intended to safeguard the general welfare of inhabitants within the Airport vicinity and aircraft occupants.54 The CLUP is also intended to ensure that surrounding new land uses do not affect the Airport’s continued operation.
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating hazards and hazardous materials impacts resulting from planned development within the Plan Area including the following:
54 Santa Clara County Airport Land Use Commission. Palo Alto Airport – Comprehensive Land Use Plan.
Amended November 2016.
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Policy Health and Equity
4.2 Pollutants. Continue to work with state, federal, regional, and local agencies to eliminate and reduce concentrations of regulated legacy pollutants.
4.4 Agricultural Pesticides. Reduce exposure to legacy pesticides, particularly in areas previously under agricultural use, and whenever possible work with landowners and developers to eliminate concentrations of pesticides from soil and groundwater.
Policy Infrastructure, Services, and Facilities
10.7 Code enforcement. Work to ensure that buildings, homes, yards, businesses and public spaces are free from hazards. Maintain cooperation and communication between the Code Enforcement Division (within EPAPD), the Planning Division, and the Building Department on issues relating to neighborhood quality of life.
Policy Parks, Open Space, Conservation
9.8 Soil Quality. Require soil testing for contaminants on sites that have historically, or currently, been exposed to chemical releases. If contamination does exist, require remediation strategy to reduce or eliminate contamination on site.
Policy Safety and Noise
4.1 Contamination. Avoid or minimize risk to the community from exposure to contaminated soils or groundwater.
4.2 Management of Hazardous Materials. Continue to cooperate with federal, State, and county agencies to effectively regulate the management of hazardous materials and hazardous wastes.
4.5 Airport Land Use Plan. Coordinate with the Santa Clara County ALUC and Palo Alto Airport Comprehensive Land Use Plan (CLUP) and consider the CLUP in making any land use decisions in airport influence area.
5.4 Emergency Access Routes. Ensure the City’s designated system of emergency access routes is coordinated with regional activities for both emergency operations and evacuation.
Ravenswood/ 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies, development standards and guidelines applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating hazards and hazardous materials impacts resulting from planned development within the RBD Specific Plan area including the following:
Policy Land Use and Urban Design
6.1 Reduce the risk of exposure to accidents at adjacent industrial sites by restricting the density of development in sites immediately adjacent to industries that use hazardous chemicals
6.2 Monitor and control the type and quantity of chemical use by businesses that are located adjacent to mixed-use and residential sites to minimize exposure in the event of accidental chemical releases to the environment
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7.1 For all new development, or substantial renovation or redevelopment (greater than 20 percent of assessed valuation) of sites in Subareas II and III (as defined by Figure 4.8-3 in the Specific Plan EIR), in the 4 Corners area, or on the south side of Bay Road, require a Phase I Environmental Site Assessment (ESA), and, if recommended by the Phase I ESA, a Phase II ESA to include soil and groundwater sampling and analysis. Share the results of the Phase I/II ESA with appropriate regulatory agencies to enable an appropriate remediation plan is to be developed. The remediation plan may include soil and groundwater cleanup, engineering controls such as vapor barriers or venting systems, and institutional controls such as deed restrictions or activity use restrictions.
7.5 For development sites in the Plan Area adjacent to active remediation systems or groundwater monitoring systems, the lead agency in charge of remediation shall be notified of the development proposal. Provide an opportunity for the lead agency to comment on the development proposal, acknowledge any justifiable concerns expressed by the agency and verify that appropriate changes are made to development plans to address the agency’s concerns.
8.1 Prohibit land uses that encourage a very high concentration of people or negatively affect air navigation as described in the Airport Land Use Control Plan (ALUCP), or are in excess of maximum heights recommended in the ALUCP, from the Traffic Pattern Zone of the Plan Area. Evaluate development applications on properties in this zone for their adherence to these regulations.
City of East Palo Alto Municipal Code
Chapter 18.34, Hazardous Materials, and Chapter 8.40, Hazardous Materials: Toxic Waste Disposal, in the City of East Palo Alto’s Municipal Code seek to protect the citizens of East Palo Alto through prevention and control of unauthorized discharges of hazardous materials and establish performance standards for all activities involving storage of hazardous materials.
East Palo Alto Hazard Mitigation Plan
In 2016, the City of East Palo Alto, in coordination with the County of San Mateo, adopted a local Multi-Jurisdictional Hazard Mitigation Plan (HMP). The HMP is designed to conform to requirements of the Federal Disaster Mitigation Plan of 2000, which requires all cities counties, and special districts to adopt an HMP to receive disaster mitigation funding from FEMA.
City of East Palo Alto Emergency Operations Plan
The City of East Palo Alto adopted its Emergency Operations Plan (EOP) in January 2011. The City of East Palo Alto EOP defines the scope of preparedness and incident management activities necessary for the City and multi-jurisdictional partners. The EOP describes organizational structures, roles and responsibilities, policies, and protocols for providing emergency support. The EOP facilities response and short-term recovery activities (which set the stage for successful long-term recovery). It drives decisions on long-term preparedness and mitigation efforts, or risk-based preparedness measures directed at specific hazards. The EOP is flexible enough for use in all emergencies. It also describes the purpose of the plan, situation and assumptions, concept of operations, organization and assignment or responsibilities, administration and logistics, plan development and maintenance, and authorities and references. It contains functional sections (EOC Checklists), hazard-specific appendices (Event Specific Checklists), and a glossary. It identifies predesignated jurisdictional and/ or functional area representatives to the EOC Emergency Response
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Team to facilitate responsive and collaborative incident management.55 Existing Conditions
Historic Uses of the Project Site
The project site was used for agricultural purposes and contained a single-family residence between the 1930s and the mid-1960’s. In the 1960s, the residence was demolished and the site was converted to vehicle and stockpiled soils storage areas and was occupied by various industrial and commercial businesses to the present day. Previous occupants of the site since it was converted to a storage area included a moving and storage company, iron fabrication company, and a sign company which used the site and used to cut, paint, and assemble wooden signs. The site is currently unoccupied.
On-site Sources of Contamination
The project site is located within the Ravenswood Industrial Area, a designated redevelopment area in the City of East Palo Alto subject to Site Cleanup Requirements Orders issued by the San Francisco Bay Regional Water Quality Control Board (Waterboard). The project site is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 for being the site of an open Site Cleanup Program case under Waterboard oversight.56 57 Due to the location of the project site within the Ravenswood Industrial Area and Active Clean Up Case on-site, the Phase I Environmental Site Assessment prepared for the project recommended completion of a Phase II subsurface investigation to confirm the presence and extent of contamination in on-site soils and soil vapor.
In July 2022, a Phase II Subsurface investigation was completed for the project site. Soil sampling completed for the proposed project identified dieldrin above residential ESLs but below the commercial ELS and arsenic above ESLs. Soil vapor samples detected benzene, PCE, and TCE above their respective residential ESLs.
Off-site Conditions
Arsenic releases from the 1990 Bay Road property, approximately 216 feet east of the project site, have impacted multiple parcels in the general site vicinity, including the properties at 1950 Bay Road and 2470 Pulgas Avenue that border the site to the northeast and southeast. Portions of these arsenicimpacted properties have been capped with three layers of asphalt and are subject to recorded deed restrictions. Elevated arsenic concentrations were also identified in soil along the former railroad right-of-way, adjacent to the south of the project site. Soil removal and capping was performed along this former railroad right-of-way and a deed restriction was recorded on December 8, 1993. 55 City of East Palo Alto. Emergency Operations Plan. January 2011. 56 Cornerstone Earth Group. Soil and Soil Vapor Sampling Services Proposed Public Library Assessor Number 063- 240-490 Pulgas Avenue East Palo Alto, CA. July 25, 2022. 57 California State Water Resources Control Board. Geotracker Database. Accessed September 15, 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=2474+pulgas+avenue+east+palo+alto
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Other Hazards
Airports
The nearest airport to the site is Palo Alto Airport, located approximately 0.8 miles southeast of the project site. The project site is located within the airport influence area and Traffic Pattern Zone of the Palo Alto Airport. 58 The project site is within an area regulated by the FAA Federal Aviation Regulations (FAR) Part 77 where height requirements for new developments are restricted to 154 feet amsl given the distance of the site from the airport.59 Wildfire
The project site is surrounded by urban development and is not located within a Very-High Fire Hazard Severity Zone for wildland fires designated by CalFIRE.60
4.9.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
2) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
3) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
4) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as
a result, would it create a significant hazard to
the public or the environment?
5) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, result in a safety hazard
or excessive noise for people residing or
working in the project area?
58 County of Santa Clara. Comprehensive Land Use Plan Santa Clara County, Palo Alto Airport. November 19, 2008, Amended November 16, 2016. 59 Ibid. 60 California Department of Forestry and Fire Protection. Santa Clara County FHSZ Map. October 8, 2008.
Accessed January 14, 2022. https://osfm.fire.ca.gov/media/6764/fhszl_map43.pdf
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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
6) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
7) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury,
or death involving wildland fires?
Future library development would include use and storage of cleaning supplies and maintenance chemicals in small quantities, typical for standard maintenance of the building and consistent with the limits for very small quantity generators. Therefore, the quantities of domestic chemicals used on-site would not pose a risk to adjacent land uses. Therefore, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (Less than Significant Impact)
Impact HAZ-2: The project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (Less than Significant Impact)
As discussed in Section 4.9.1.2 Existing Conditions above, on-site soil is impacted by dieldrin, arsenic, and on-site soil vapor is impacted by benzene, PCE, and TCE. Therefore, ground disturbing activities associated with future library development on-site would create a significant hazard to the public and the environment.
Impact HAZ-2.1: Development of the proposed project could result in impacts to construction workers and nearby residents by exposing them to on-site soils with elevated levels of contamination.
Mitigation Measure:
MM HAZ-2.1: The project applicant shall retain a qualified environmental professional to prepare a Corrective Action/Risk Management Plan. The Corrective Action/Risk Management Plan shall describe mitigation measures necessary to protect the health and safety of construction workers, nearby residences, and future site occupants, and establish appropriate management practices for handling and monitoring of impacted soil, soil vapor, and groundwater. The Corrective Action/Risk Management Plan shall be submitted to the Waterboard for review and approval prior to issuance of grading or building permits, whichever occurs Impact HAZ-1: The project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (Less than Significant Impact)
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first. The Corrective Action/Risk Management Plan shall include the following:
• Air monitoring plan that assesses potential for exposure of construction workers and neighboring occupants to contaminants of concern during construction.
• Vapor intrusion mitigation plan
• Operations, maintenance, and monitoring plan
• Health and safety plan
With implementation of MM HAZ-2.1, future library development on-site would result in less than significant impacts associated with upset and accident conditions involving the release of hazardous materials into the environment. (Less than Significant Impact with Mitigation Incorporated) Impact HAZ-3: The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. (Less than Significant Impact) The nearest school to the project site is East Palo Alto Charter School, located at 1286 Runnymede Street, approximately 0.25 mile southeast of the project site. As discussed under Impact HAZ-1 above, future library development would include use and storage of cleaning supplies and maintenance chemicals in small quantities; however, the quantities of domestic chemicals used onsite would not pose a risk to adjacent or nearby land uses. Therefore, the library would not emit hazardous materials or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. (Less than Significant) Impact HAZ-4: The project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment. (Less than Significant Impact with Mitigation) As discussed in Section 4.9.1.2 Existing Conditions above, the project site is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 for an active Waterboards Cleanup Program case.61 However, with implementation of MM HAZ-2.1, future library development would not create a significant hazard to the public or the environment.
Therefore, the proposed library would not create a significant hazard to the public or the environment. (Less than Significant Impact with Mitigation) 61 California State Water Resources Control Board. Geotracker Database. Accessed September 15, 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=2474+pulgas+avenue+east+palo+alto
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Impact HAZ-5: The project would not be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The project would not result in a safety hazard or excessive noise for people residing or working in the project area. (Less than Significant Impact)
As discussed in Section 4.9.1.2 Existing Conditions above, the project site is located approximately
0.8-mile northwest of Palo Alto Airport. The project site is located within the airport influence area and traffic pattern zone of the Palo Alto Airport and within the 60 dBA noise contour. Future library development on-site would be subject to the policies contained within the CLUP for Palo Alto Airport including the FAR Part 77 building height restriction of 154 feet amsl. As noted in Section
3.0 Project Description, although the exact height of the library building is not known at this time, the building would be two stories tall, and well below 154 amsl, given the site is 10 feet amsl.
Assuming a standard floor height of 10 feet for commercial construction, it is estimated that future library development would have a maximum height of approximately 20 feet and would not exceed the FAR Part 77 height restriction for the site. Additionally, future library development would be subject to project-level environmental review pursuant to CEQA and would be required to document impacts due to airport hazards and incorporate mitigation measures to avoid or minimize such impacts, if necessary. Therefore, the proposed future library would not result in a safety hazard or excessive noise for people working due to location within an airport land use plan. (Less than Significant Impact)
Impact HAZ-6: The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (Less than Significant Impact)
As discussed in Section 4.16 Transportation, future library development would include adequate emergency access and would not conflict with any applicable City and County emergency response plans and emergency evacuation plans during the project-level environmental review process.
Therefore, the proposed library would not impair implementation of or physically interfere with an adopted emergency response or evacuation plan. (Less than Significant Impact) Impact HAZ-7: The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. (Less than Significant Impact)
As noted in Section 4.9.1.2 Existing Conditions above, the project site is located within a developed urbanized area of East Palo Alto and is not located within a wildfire hazard severity zone. Therefore, future library development would not expose people or structures to a significant risk of loss injury or death involving wildland fires. (Less than Significant Impact)
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HYDROLOGY AND WATER QUALITY
4.10.1 Environmental Setting
Regulatory Framework
Federal and State
The federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act are the primary laws related to water quality in California. Regulations set forth by the Environmental Protection Agency (EPA) and the State Water Resources Control Board (SWRCB) have been developed to fulfill the requirements of this legislation. EPA regulations include the National Pollutant Discharge Elimination System (NPDES) permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by the Regional Water Quality Control Boards (RWQCBs). The project site is within the jurisdiction of the San Francisco Bay RWQCB.
Under Section 303(d) of the federal Clean Water Act, the SWRCB and RWQCBs are required to identify impaired surface water bodies that do not meet water quality standards and develop total maximum daily loads (TMDLs) for contaminants of concern. The list of the state’s identified impaired surface water bodies, known as the “303(d) list” can be found on the on the RWQCB’s website.62
National Flood Insurance Program
The Federal Emergency Management Agency (FEMA) established the National Flood Insurance Program (NFIP) to reduce impacts of flooding on private and public properties. The program provides subsidized flood insurance to communities that comply with FEMA regulations protecting development in floodplains. As part of the program, FEMA publishes Flood Insurance Rate Maps (FIRMs) that identify Special Flood Hazard Areas (SFHAs). An SFHA is an area that would be inundated by the one-percent annual chance flood, which is also referred to as the base flood or 100- year flood.
Statewide Construction General Permit
The SWRCB has implemented an NPDES General Construction Permit for the State of California (Construction General Permit). For projects disturbing one acre or more of soil, a Notice of Intent (NOI) must be filed with the RWQCB by the project sponsor, and a Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified professional prior to commencement of construction and filed with the RWQCB by the project sponsor. The Construction General Permit includes requirements for training, inspections, record keeping, and, for projects of certain risk levels, monitoring. The general purpose of the requirements is to minimize the discharge of pollutants and to protect beneficial uses and receiving waters from the adverse effects of construction-related storm water discharges.
62 San Francisco Regional Water Quality Control Board. “The 303(d) List of Impaired Water Bodies.” Accessed June 21, 2022. https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/303dlist.html.
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Regional and Local
San Francisco Bay Basin Plan
The San Francisco Bay RWQCB regulates water quality in accordance with the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan lists the beneficial uses that the San Francisco Bay RWQCB has identified for local aquifers, streams, marshes, rivers, and the San Francisco Bay, as well as the water quality objectives and criteria that must be met to protect these uses. The San Francisco Bay RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements, including permits for nonpoint sources such as the urban runoff discharged by a City’s stormwater drainage system. The Basin Plan also describes watershed management programs and water quality attainment strategies.
Municipal Regional Permit Provision C.3
The San Francisco Bay RWQCB re-issued the Municipal Regional Stormwater NPDES Permit (MRP) in 2015 to regulate stormwater discharges from municipalities and local agencies (copermittees) in Alameda, Contra Costa, San Mateo, and Santa Clara Counties, and the cities of Fairfield, Suisun City, and Vallejo.63 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 5,000 square feet or more of impervious surface area are required to implement site design, source control, and Low Impact Development (LID)-based stormwater treatment controls to treat post-construction stormwater runoff. LID-based treatment controls are intended to maintain or restore the site’s natural hydrologic functions, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g., rainwater harvesting for non-potable uses). The MRP also requires that stormwater treatment measures are properly installed, operated, and maintained.
In addition to water quality controls, the MRP requires new development and redevelopment projects that create or replace one acre or more of impervious surface to manage development-related increases in peak runoff flow, volume, and duration, where such hydromodification is likely to cause increased erosion, silt pollutant generation, or other impacts to local rivers, streams, and creeks.
Projects may be deemed exempt from these requirements if they do not meet the minimized size threshold, drain into tidally influenced areas or directly into the Bay, or drain into hardened channels, or if they are infill projects in subwatersheds or catchment areas that are greater than or equal to 65 percent impervious.
Construction Dewatering Waste Discharge Requirements
Each of the RWQCBs regulate construction dewatering discharges to storm drains or surface waters within its Region under the NPDES program and Waste Discharge Requirements.
Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating hydrology and water quality impacts resulting from planned development within the City, including 63 MRP Number CAS612008
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the following:
Policy Infrastructure, Services, and Facilities
1.1 NPDES compliance. Ensure compliance with all NPDES requirements for litter control, dumping, pollutants of control, business operations, and new/re-development.
1.2 On-site stormwater management. Encourage development projects to manage stormwater on-site to reduce burdens on the City’s stormwater system. Whenever possible, stormwater should be infiltrated, evaporated, reused, or treated on-site in other ways to improve stormwater quality and reduce flows into the storm drain system.
1.3 Stormwater infrastructure for new development. Require development projects to pay for their share of new stormwater infrastructure or improvements necessitated by that development.
1.4 Stormwater re-use and recycling. Encourage innovative ways of capturing and reusing stormwater for non-drinking purposes to reduce the use of potable water, including the creation of a recycled water system and installation of purple pipe in private and public projects.
1.5 Collaborative stormwater management. Encourage collaborative, integrated stormwater management between multiple property owners and sites.
1.7 Regional and local collaboration. Collaborate with Palo Alto, Menlo Park, the San Francisquito Creek Joint Powers Authority and other jurisdictions and agencies in the watershed to reduce and remove contaminants from stormwater runoff.
1.8 Stormwater best practices. Encourage the use of best practices in stormwater treatment, retention, and quality and quantity control into flood control efforts, ensuring that flood control measures do not have negative ecological impacts on stormwater runoff.
1.9 Stormwater and flooding. Integrate stormwater management efforts with floor control efforts, seeking synergies and innovative strategies for stormwater treatment to reduce flood risks and volumes.
2.7 Municipal water conservation and efficiency. Seek to reduce municipal water use through the following strategies:
• Implement aggressive indoor and outdoor water efficiency measures in all new city developments, substantial rehabs, and remodels.
• Prioritize water efficiency upgrades to existing buildings, such as water efficient fixtures.
• Reduce potable water used for parks by planting drought-tolerant species and implementing other water saving practices.
2.11 Groundwater recharge. Working with regional partners, explore options for groundwater recharge and prohibit new private groundwater wells.
2.12 Maximizing infiltration. Consider requiring all new development to provide roof catchment systems, irrigated landscaping, and permeable pavements (where feasible), or other means to enhance on-site infiltration of stormwater runoff or landscape irrigation water.
3.2 Sewer infrastructure for new development. Require development projects to pay for their
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share of new sewer infrastructure or improvements necessitated by that development Policy Parks, Open Space, and Conservation
4.7 Inter-agency coordination. Coordinate with other public agencies such as the San Francisquito Creek Joint Powers Authority, Army Corps of Engineers, National Fish and Wildlife Service, and other similar entities on construction or development activity occurring within or adjacent to the City.
Policy Safety and Noise
2.1 Flood Insurance Program. Continue to participate in the National Flood Insurance Program and FEMA’s voluntary programs, such as the Community Rating System.
2.2 Flood related to sea level rise. Consider expanding boundaries of development control particularly where sea level rise could worsen flooding above predicted conditions.
2.3 Development in floodways. Continue to control development in the floodway and floodway fringe.
2.4 Floodplain Management Ordinance. Continue to enforce and consider strengthening the City’s Floodplain Management Ordinance.
2.6 Public buildings. Work to enhance flood protection for essential public buildings and associated parking areas.
Ravenswood/4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies, development standards and guidelines applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating hydrology and water quality impacts resulting from planned development within the RBD Specific Plan area including the following:
Policy Land Use and Urban Design
9.1 Ensure that new development in the Specific Plan area maximizes the amount of area available for groundwater recharge by requiring features such as roof catchment systems, irrigated landscaping, and permeable pavements (where feasible), or other means to enhance on-site infiltration of stormwater runoff or landscape irrigation water. Ensure all applicable projects under the Specific Plan comply with Provision C.3 of the Regional Municipal NPDES Permit and incorporate Low Impact Development measures to ensure that runoff is not increased.
9.2 As per Chapter 15.52 of the Municipal Code, ensure that at the time a project is proposed in the Plan Area that each proposed new structure in the 100-year flood plain as identified in the current Flood Insurance Rate Map (FIRM) is elevated so that the bottom of the lowest floor is one foot above the base flood elevation (1 BFE) for residential structures, flood-proofed to 1 BFE for nonresidential structures, or granted a Variance pursuant to the procedures outlines in Section 15.52080 (a) to (k).
9.3 Require preparation of a geotechnical report calculating the building load and placement of fill for each development. Verify that environmental review of this report includes an assessment of flood risks to the building itself and the impacts on neighboring structures from displacement of flood waters. Require the report to consider the cumulative flood risks to
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other structures from the building in addition to other known, planned, and reasonably foreseeable development
City of East Palo Alto Municipal Code
Chapter 15.52, Flood Plain Management, in the City of East Palo Alto’s Municipal Code seeks to promote the health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas of East Palo Alto by establishing development standards and review process for development projects within identified flood hazard zones.
City of East Palo Alto Groundwater Management Plan
The City of East Palo Alto Groundwater Management Plan is a comprehensive integrated resource management plan for the groundwater within the jurisdictional boundaries of the City of East Palo Alto. The Groundwater Management Plan was developed with the goal of providing the City with a long-term, reliable and affordable high quality water supply during droughts and service interruption and emergencies.
Existing Conditions
Water Quality
The project site is partially developed with a gravel surface parking lot and undeveloped grass area.
Stormwater runoff from the project site enters the City’s storm drain system which discharges to the San Francisco Bay. The project site and surrounding area are not located in an area of San Mateo County subject to the MRP hydromodification controls.64 Groundwater
Groundwater at the project site fluctuates. Testing conducted for the proposed project revealed the current depth to groundwater at the project site ranges from approximately 4.5 – 10.5 feet bgs; however, historic groundwater levels have been recorded at a depth of six feet bgs. Fluctuations in groundwater levels occur due to many factors including seasonal fluctuations and underground drainage patterns. Therefore, the design level geotechnical report assumes a design groundwater level of four feet bgs.65
Storm Drainage
The project site is located in a developed area served by an existing storm drainage system.
Approximately one-acre of the project site is partially developed with an approximately 17,940 square foot gravel surface parking lot and an 25,130 square foot undeveloped grass area. For the purpose of this analysis, it is conservatively assumed that the site is composed of 100 percent pervious surfaces.
Storm drainage lines in the project area are owned and maintained by the City of East Palo Alto.
There is a 15-inch storm drain main along the Pulgas Avenue frontage, which serves the project site and leads to a storm drain outfall in San Francisco Bay. 64 San Mateo Countywide Water Pollution Prevention Program. HM Control Map. March 2009. 65
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Flooding
The majority of the project site is located within flood zone X where there is a 0.2% Annual Chance Flood Hazard, however a portion of the site along the northern and eastern perimeter is located within special flood hazard zone AE with base elevation of 11 feet amsl.66 Flood Zone X is not considered a special flood hazard zone. Flood zones affecting the project site are shown in Figure
4.10-1.
Seiches, Tsunamis, and Mudflows
Coastal and shoreline portions of California must consider the potential for tsunamis and seiches.
Tsunamis can damage coastal areas, like the surges generated by the March 11, 2011 Tōhoku earthquake in northeast Japan, which resulted in substantial damage to harbors in Crescent City and Santa Cruz.
Seiches are earthquake-induced waves within an enclosed or partially enclosed body of water like a lake or reservoir. San Francisco Bay is partially enclosed with outlets to San Pablo Bay and the Pacific Ocean and is relatively shallow with a mean depth of approximately 27.6 feet. Geologicinduced seiche events have not been documented in San Francisco Bay and meteorological effects are quickly dissipated due to the connection with the Pacific Ocean.67 The project site is not located within a tsunami hazard zone.
A mudflow is the rapid movement of a large mass of mud formed from loose soil and water. The project area is flat and there are no slopes near the project site that in the event of a mudflow would affect the site.
Sea Level Rise
The Bay Conservation and Development Commission (BCDC) have mapped areas throughout the Bay region susceptible to inundation from potential sea level rise scenarios. Even under the low sea level rise scenario (16 inches), substantial bayside portions of East Palo Alto would be at risk of inundation if no inundation protections are implemented. The Sea Level Rise map in the General Plan shows that the project site would be inundated under a condition with approximately three feet of sea level rise, though a small portion of the site at the middle of the would not be inundated with sea level rise.
68 66 Federal Emergency Management Agency. Flood Rate Insurance Map 06081C0307F. April 5, 2019. 67 Metropolitan Transportation Commission and Association of Bay Area Governments. Plan Bay Area 2040 Draft Environmental Impact Report. April 2017. 68 City of East Palo Alto. Vista 2035 East Palo Alto General Plan. October 2016. P. 10-8.
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SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or Depth Zone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile Zone X
Future Conditions 1% Annual
Chance Flood Hazard Zone X
Area with Reduced Flood Risk due to
Levee. See Notes. Zone X
Area with Flood Risk due to Levee Zone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood Hazard Zone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 1/6/2023 at 3:42 PM and does not
reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8B 20.2
Source: FEMA’s NFHL Viewer, January 6, 2023.
0 100 400 600 1,000 Feet
Project Site
FLOOD ZONE MAP OF PROJECT SITE FIGURE 4.10-1
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4.10.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
2) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
3) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in
a manner which would:
- result in substantial erosion or siltation onor off-site; - substantially increase the rate or amount
of surface runoff in a manner which would
result in flooding on- or off-site;
- create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or
- impede or redirect flood flows?
4) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
5) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Future library development could result in sediment being discharged in runoff during construction.
Assuming that the entire site is disturbed during development of a library on-site, future library development would disturb more than one acre and would be required to conform with the NPDES Construction General Permit, which includes the preparation of a Stormwater Pollution Prevention Program to minimize erosion, sedimentation, and water quality impacts from disposal of dewatering effluent during construction, and comply with Provision C.3 which requires projects incorporate site Impact HYD-1: The project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (Less than Significant Impact)
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design measures, source controls, and runoff treatment controls to minimize stormwater pollutant discharges during operations. Therefore, the project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (Less than Significant Impacts)
Impact HYD-2: The project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. (Less than Significant Impact)
Future library development would include excavation to a maximum depth of four feet to accommodate the building foundations and utility connections. As noted above, the project site has a design level groundwater level of four feet bgs and approximately one to three feet of fill would be imported to the site to elevate the site above base flood elevations. Excavation for building foundations and utility connections would extend between two and four feet bgs. Therefore, groundwater may be encountered during construction and dewatering may be required. As noted in Impact HYD-2, the project would be required to implement NPDES Construction General Permit standard measures to prevent impacts to surface and groundwater quality. Construction dewatering would result in a temporary reduction in groundwater levels at the project site. Due to the temporary nature, dewatering during construction is not considered a substantial decrease in groundwater supplies. Therefore, the project and future library development would not interfere with groundwater recharge activities or substantially deplete groundwater levels. (Less than Significant Impact) Impact HYD-3: The project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows. (Less than Significant Impact) Stormwater Runoff
Future library development could alter the existing drainage patterns of the site as a result of increased impervious surface area. However, future library development would be required to comply with the City’s Grading Ordinance, prepare a hydrology study that analyzes the flow and sizing of the storm drain system as a part of the grading permit approval process and ensure that site is graded to drain properly and does not impact adjacent properties, exceed the municipal stormwater drainage system, or create erosion problems. The project site is located in a developed area of East Palo Alto which has adequate storm drain capacity to accept increased flows from future development under the project. Compliance with existing policies and regulations for the management of surface runoff and erosion would reduce the drainage impact of any proposed development on the site to a less than significant level. (Less than Significant Impact)
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Packet Pg. 316 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Library Property Acquisition Project 90 Initial Study
City of East Palo Alto February 2023
Flood Flows
As discussed in Section 4.10.1.2 above, the site is located outside of a special flood hazard zone, with the exception of the northern and eastern perimeter of the site that is designated flood zone AE with base elevation of 11 feet amsl. The project site is located at the terminus of the flood zone, meaning that the water would flow inland from the bay and stop on the project site. Flooding at the project site is the result of a high tide event in the San Francisco Bay overtopping the levees in the project area.69 Future library development could place fill and concrete within the designated special flood hazard zone in order to elevate the first floor of the building above the base flood elevation of 11 feet amsl.
A Flood Displacement Memorandum prepared for a recent development project in the vicinity of the project site, found that new structures or fill placed at the terminus of flood hazard zones would not substantially redirect flood flows, as tidal flood flows would flow up to the point of higher elevation and then recede, similar to existing conditions.70 As shown in Figure 3.3-4 and Figure 3.3-5, the library building (under either design option) would be located outside of the special flood hazard zone in the northern and eastern perimeters of the site and, therefore, would not impede or redirect flood flows. The library building would be required to comply with the standard construction measures identified in Municipal Code Chapter 15.52.070, Provisions for Flood Hazard Reduction, to reduce hazards from construction within a flood zone, and Flood Displacement Memorandum prepared by a licensed engineer documenting the library (based on whichever design option was selected) would not substantially redirect or impede flood flows. For these reasons, the proposed property acquisition and future library development would not substantially alter the existing drainage pattern of the site, create or contribute runoff which would exceed existing stormwater drainage capacity, or impede or redirect flood flows. (Less than Significant Impact) Impact HYD-4: The project would not risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. (Less than Significant Impact) Future library development would occur on a site that is not subject to inundation from tsunami and or seiche, but that is partially designated as special flood hazard zone (a portion of the site in the northern and eastern perimeter is designated flood zone AE with base elevation of 11 feet amsl). 71 Based on the conceptual library plans (refer to Figure 3.3-4 and Figure 3.3-5), the library building would be located in a portion of the site outside of the special flood hazard zone. Consistent with the City’s Floodplain Management Ordinance, the finished floor elevation of the library building would be at least 13 feet amsl and above the base flood elevation for Zone AE, i.e., 11 amsl. For these reasons, the proposed property acquisition would not result in release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. (Less than Significant Impact) Impact HYD-5: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (Less than Significant Impact)
Future library development would be required to comply with the Construction General Permit and 69 BKF Engineers, Surveyors, Planners. Memorandum, 2535 Pulgas Avenue – Flood Displacement Memorandum.
November 23, 2020.
70 Ibid. 71 Federal Emergency Management Agency. Flood Rate Insurance Map 06081C0307F. April 5, 2019.
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MRP. Future library development would connect to the existing City water supply, and thus, would not conflict with water quality or groundwater management plans. By adhering to these policies and regulations, future library development would not conflict with the RWCQB Basin Plan or the East Palo Alto Groundwater Management Plan. Therefore, the proposed property acquisition and future library development would not conflict with or obstruct implementation of a water quality plan or sustainable groundwater management plan. (Less than Significant Impact)
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Packet Pg. 318 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Library Property Acquisition Project 92 Initial Study
City of East Palo Alto February 2023
LAND USE AND PLANNING
4.11.1 Environmental Setting
Regulatory Framework
Palo Alto Airport – Comprehensive Land Use Plan
The project site is approximately 0.8-mile northwest of the Palo Alto Airport, the closest airport to the site. The site is not located within the CLUP’s Airport Influence Area nor any airport safety zones.
Local
Local land use is governed by the City’s General Plan, which in turn provides the basis for the City’s Zoning Ordinance, Specific Plan, and design guidelines. The current General Plan, RBD Specific Plan and the City’s Zoning Ordinance are described below.
Vista 2035 East Palo General Plan
The City’s General Plan represents the East Palo Alto Community’s statement of its core values and vision for its future. The current General Plan was adopted by the City Council in October 2016 and provides the City with a guide for future land use decisions within the City. The General Plan divides the City into land use designations, which specify the type of development that could occur throughout the City that would be consistent with the City’s values and vision.
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating land use impacts resulting from planned development within the City including the following:
Policy Land Use and Urban Design
1.1 Balanced land uses. Create a balanced land use pattern to support a jobs-housing balance, minimize traffic and vehicle miles traveled, reduce greenhouse gas emissions, and promote a broad range of housing choices, retail businesses, employment opportunities, cultural venues, educational institutions, and other supportive land uses.
1.3 Coherent pattern of land uses. Ensure that new development occurs in a unified and coherent pattern that avoids conflicts between uses and promotes job creation and fiscal stability, creating a high-quality environment for East Palo Alto residents.
1.4 Unique neighborhoods, districts, and corridors. Enhance the unique character and identity of the City’s neighborhoods, districts and corridors through land use and design decisions.
Allow policies and programs to be focused on each unique area of the City.
13.6 Adjacent neighborhoods and uses. Ensure that new development throughout the Plan Area maintains or improves the character of any adjacent neighborhoods, including the following:
• Require project proponents to design all new development so that it responds to the scale, grain, and character of existing nearby development. • Ensure that new development not adversely affect the Ravenswood Open Space Preserve and Palo Alto Baylands Natural Preserve.
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• Maintain adequate separation between potentially incompatible land uses.
Ravenswood/4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies, development standards and guidelines applicable to development within the RBD Specific Plan area, including the following land use and urban design policies:
Policy Land Use and Urban Design
1.4 Ensure that community facilities such as open space, parks, trails, an expanded library, space for non-profits, and a community center are provided as new development comes to the Plan Area.
1.6 Require project proponents to design all new development so that it responds to the scale, grain, and character of existing nearby development.
4.7 Ensure that all new development adheres to this Specific Plan’s development standards, as well as its design standards and guidelines.
4.10 Development should provide the minimum number of parking spaces necessary to avoid excessive parking lots, which impair community character. Ensure that building forms face onto streets and sidewalks to enhance the pedestrian environment and that parking areas are concentrated toward the inner core of parcels.
4.11 Create a distinctive design and architectural sense of place by encouraging public projects and public/community buildings to use design/architecture competition.
City of East Palo Alto Zoning Ordinance
As long-range planning documents, the General Plan and RBD Specific Plan outline long-term visions, policies, and actions designed to shape future development within East Palo Alto generally, and the RBD Specific Plan area, specifically. The Zoning Ordinance and the RBD Specific Plan serve as an implementing tool for the General Plan by establishing detailed, parcel-specific development regulations and standards in each area of the City. Although they are distinct documents, the General Plan, RBD Specific Plan, and Zoning Ordinance are closely related, and State law mandates that zoning regulations be consistent with the General plan maps and policies.
Existing Conditions
Project Site
General Plan Land Use Designation
The project site is designated General Industrial in the City’s General Plan. The General Industrial land use designation is intended for industrial or manufacturing activities that may occur inside or outside of an enclosed building. Large-scale warehouse, distribution, and logistics facilities are also allowed in this designation. Libraries are not among the land uses allowed in this designation.
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Zoning
The project site is zoned Ravenswood Employment Center (R-EC) per the RBD Specific Plan. The R-EC zone supports the development of a variety of job-creating uses, including high quality research and development (R&D) facilities. This district also allows for nonprofit uses and performing arts centers, as well as businesses that produce goods, distribute merchandise or repair equipment that do not negatively affect surrounding uses or properties. Libraries are not among the land uses allowed in this district.
4.11.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Physically divide an established community?
2) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
A physical division of an established community typically refers to the construction of a physical feature (such as a wall, roadway, or railroad line) or the removal of a means of access (such as a roadway or bridge) that would impair mobility within an existing community or between communities. Future development of a library on-site would not include construction of features or require extension of infrastructure that would divide an existing community. For these reasons, the proposed property acquisition and future library development would not physically divide an established community. (No Impact)
Impact LU-2: The project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (Less than Significant Impact)
General Plan and RBD Specific Plan
As described in Section 3.2 Project Description, the project involves the acquisition of the one-acre project site for future development of a library. Library uses are not allowed within the current land use designation and zoning district for the site. Therefore, a General Plan Amendment and Rezoning from General Industrial/Ravenswood Employment Center to the Public/Institutional land use designation and Public Institutional zoning district would be required prior to future development of a library on-site.
The proposed Public Institutional zone is intended for development of a variety of support uses Impact LU-1: The project would not physically divide an established community. (No Impact)
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including City buildings, City corporation yards, public schools, fire stations, police stations, and other public uses with no maximum FAR. The maximum building height allowed under the proposed Public Institutional zoning district is two-stories or 26 feet, whichever is greater.
General Plan Policy LU-13.63 calls for the City to ensure that new development maintains or improves the character of adjacent neighborhoods. As discussed in Section 4.2.2, existing development surrounding the project site consists of one- and two-story industrial, institutional, and residential buildings on Pulgas Avenue and Bay Road. The project would allow for future construction of a two-story library building on-site. Future library development would, therefore, be consistent with the height of surrounding development and consistent with General Plan Policy LU13.63.
As discussed in Section 4.11.1, the project would be consistent with RBD Specific Plan Policy 1.4 which calls for the City to ensure community facilities such as a new library is provided within the RBD area. Furthermore, consistent with Specific Plan Policies 1.6, 4.7, and 4.11, which call for new developments to respond to the scale, grain, and character of existing nearby development, adhere to the Specific Plan development standards and create a distinctive design and architectural sense of place, the project would develop a two story library building consistent with the scale of the nearby residential and commercial buildings and in a modern style, consistent with the character of the adjacent EPACENTER building. As shown in Figure 3.3-4 and Figure 3.3-5, under both design options, the proposed building would be oriented to the street with a surface parking lot located along the southern property line. This site design would be consistent with RBD Specific Plan Policy 4.10 which calls for building forms to face onto the street and sidewalks to enhance the pedestrian environment and that parking areas are concentrated toward the inner core of parcels.
With approval of the General Plan Amendment and rezoning, proposed with the pending RBD Specific Plan Update, the project would be consistent with the Public/Institutional General Plan Requirements and would not conflict with any applicable land use plan. (Less than Significant Impact)
Zoning
The site’s Ravenswood Employment Center zone is intended to support the development of a variety of job-creating uses including high quality research and development facilities as well as nonprofit uses, performing arts centers and businesses that produce goods, distribute merchandise, or repair equipment. This current zoning does not allow for the future development of a library on-site.
Therefore, the proposed project would require rezoning of the site to Public Institutional which would allow for development of a library. With approval of the rezoning, as part of the pending RBD Specific Plan Update, the project would not conflict with any applicable zoning regulations. (Less than Significant Impact)
Land Use Conflicts
Land use conflicts can arise from a new development or land use that would cause impacts to persons or the physical environment in the vicinity of the project site or elsewhere. Potential incompatibility may arise from placing a particular development or land use at an inappropriate location, or from some aspect of the project’s design or scope. Depending on the nature of the impact and its severity, land use compatibility conflicts can range from minor irritations to nuisance to potentially significant
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effects on human health and safety. The project is surrounded by community center, residential, and industrial uses.
The General Plan includes policies that address several key environmental issues in the area, including development on contaminated sites, noise, and transportation. The project’s consistency with General Plan policies related to hazardous materials contamination, noise, and transportation are discussed in Sections 4.9, 4.12, and 4.16 of this Initial Study. There are no additional policies pertaining specifically to land use and planning that were adopted for the purpose of avoiding or mitigating an environmental effect. For these reasons, the project would not result in significant environmental impacts due to a conflict with any land use plan. (Less than Significant Impact)
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Packet Pg. 323 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Library Property Acquisition Project 97 Initial Study
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NOISE
4.12.1 Environmental Setting
Noise
Factors that influence sound as it is perceived by the human ear, include the actual level of sound, period of exposure, frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a decibel scale, which serves as an index of loudness. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the A-weighted decibel, or dBA.
Since excessive noise levels can adversely affect human activities and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. Noise guidelines are generally expressed using one of several noise averaging methods, including Leq, DNL, or CNEL.72 These descriptors are used to measure a location’s overall noise exposure, given that there are times when noise levels are higher (e.g., when a jet is taking off from an airport or when a leaf blower is operating) and times when noise levels are lower (e.g., during lulls in traffic flows on freeways or in the middle of the night). Lmax is the maximum A-weighted noise level during a measurement period.
Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.
Vibration amplitude can be quantified using Peak Particle Velocity (PPV), which is defined as the maximum instantaneous positive or negative peak of the vibration wave. PPV has been routinely used to measure and assess ground-borne construction vibration. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 inches/second (in/sec) PPV.
Regulatory Framework
Federal
Federal Transit Administration Vibration Limits
The Federal Transit Administration (FTA) has developed vibration impact assessment criteria for evaluating vibration impacts associated with transit projects. The FTA has proposed vibration impact criteria based on maximum overall levels for a single event. 72 Leq is a measurement of average energy level intensity of noise over a given period of time. Day-Night Level (DNL) is a 24-hour average of noise levels, with a 10 dB penalty applied to noise occurring between 10:00 PM and 7:00 AM. Community Noise Equivalent Level (CNEL) includes an additional five dB applied to noise occurring between 7:00 PM and 10:00 PM. Where traffic noise predominates, the CNEL and DNL are typically within two dBA of the peak-hour Leq.
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State and Local
California Building Standards Code
The CBC establishes uniform minimum noise insulation performance standards to protect persons within new buildings housing people, including hotels, motels, dormitories, apartments, and dwellings other than single-family residences. Title 24 mandates that interior noise levels attributable to exterior sources not exceed 45 Ldn/CNEL in any habitable room. Exterior windows must have a minimum Sound Transmission Class (STC) of 40 or Outdoor-Indoor Transmission Class (OITC) of 30 when the property falls within the 65 dBA DNL noise contour for a freeway or expressway, railroad, or industrial source.
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating noise and vibration impacts resulting from planned development within the City, including the following:
Policy Safety and Noise
6.1 Noise standards. Use the Interior and Exterior Noise Standards (Table 10-1) for transportation noise sources. Use the City’s Noise Ordinance for evaluating nontransportation noise sources when making planning and development decisions. Require that applicants demonstrate that the noise standards will be met prior to project approval.
Table 10-1: Interior and Exterior Noise Standards
Land Use Noise Standard
Interior1,2 Exterior
Residential – Single family,
multifamily, duplex, mobile
home.
CNEL 45 dB CNEL 65 dB3
Residential – Transit lodging,
hotels, motels, nursing home,
hospitals
CNEL 45 dB CNEL 65 dB
Private offices, church
sanctuaries, libraries, board
rooms, conference rooms,
theaters, auditoriums, concert
halls, meeting halls, etc.
Leq(12) 45 dBA -
Schools Leq(12) 45 dBA Leq(12) 67 dBA
General offices, reception,
clerical, etc. Leq(12) 50 dBA -
Bank lobby, retail story,
restaurant, typing pool, etc. Leq(12) 55 dBA -
Manufacturing, kitchen, Leq(12) 65 dBA -
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warehousing, etc.
Parks, playgrounds - CNEL 65 dB4
Golf courses, outdoor spectator
sports, amusement parks - CNEL 70 dB
Notes:
1. Noise standard with windows closed.
2. Indoor environment excluding bathrooms, toilets, closets, and corridors.
3. Outdoor environment limited to rear yard of single-family homes, multi-family patios, and balconies (with a depth of six feet or more) and common recreation areas.
4. Outdoor environment limited to playground areas, picnic areas, and other areas of frequent human use.
6.2 Compatibility standards. Utilize noise/ land use compatibility standards and the Noise Ordinance as guides for future development decisions.
6.3 Noise control. Provide noise control measures, such as berms, walls, and sound attenuating construction in areas of new construction or rehabilitation.
6.4 Vibration Impacts. The City shall require new developments to minimize vibration impacts to adjacent uses during demolition and construction. For sensitive historic structures, a vibration limit of 0.08 in/sec PPV will be used to minimize the potential for cosmetic damage to the building. A vibration limit of 0.30 in/sec PPV will be used to minimize the potential for cosmetic damage to buildings of normal conventional construction.
6.5 Airport-adjacent land uses. Maintain the non-residential designation for land near the airport in order to prevent new noise-sensitive residential uses from being constructed in areas with excessive aircraft noise.
7.1 Noise ordinance. Continually enforce and periodically review the City’s Noise Ordinance for adequacy (including requiring construction activity to comply with established work schedule limits). Amend as needed to address community needs and development patterns.
7.2 CEQA acoustical analysis. Require an acoustical analysis to evaluate measures for noise generating projects that are likely to cause the following criteria to be exceeded or to cause a significant adverse community response:
Cause the Ldn/CNEL at noise-sensitive uses to increase by 3 dBA or more and exceed the “normally acceptable” level.
Cause the Ldn/ CNEL at noise-sensitive uses to increase 5 dBA or more and remain “normally acceptable.”
7.7 Site development review. Utilize site design review to identify potential noise impacts on new development, especially from nearby transportation sources. Encourage the use of noise barriers (walls, berms, or landscaping), setbacks and/ or other buffers.
7.11 Construction noise. The City shall require that contractors use available noise suppression devises and techniques and limit construction hours near residential uses. Reasonable noise reduction measures shall be incorporated into the construction plan and implemented during all phases of construction activity to minimize the exposure of neighboring properties. The City considers significant construction noise impacts to occur if a project located within 500 feet of residential uses or 200 feet of commercial or office uses would:
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• Involve substantial noise generating activities (such as building demolition, grading, excavation, pile driving, use of impact equipment, or building framing) continuing for more than 12 months.
For such large or complex projects, construction noise and vibration minimization measures, posting or notification of construction schedules, and designation of a noise disturbance coordinator who would respond to neighborhood complaints will be required to be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. A typical construction noise logistics plan would include, but not be limited to, the following measures to reduce construction noise levels as low as practical:
• Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m. and Saturdays and holidays between 9:00 a.m. and 7:00 p.m., with no construction Sundays;73
• Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists;
• Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment;
• Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; • Locate staging areas and construction materials as far away as possible from adjacent land uses;
• Prohibit all unnecessary idling of internal combustion engines; • If impact pile driving is proposed, multiple-pile drivers shall be considered to expedite construction. Although noise generated by multiple pile drivers would be higher than the noise generated by a single pile driver, the total duration of pile driving activities would be reduced;
• If impact pile driving is proposed, temporary noise control blanket barriers shall shroud pile drivers or be erected in a manner to shield the adjacent land uses. Such noise control blanket barriers can be rented and quickly erected; • Designate a “disturbance coordinator” who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented; and
• Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction.
City of East Palo Alto Municipal Code
Chapter 8.52, Noise Control, in the City of East Palo Alto’s Municipal Code seeks to protect the citizens of East Palo Alto from unnecessary, excessive, and annoying noise, to maintain quiet in areas where noise levels are low, and to implement programs to reduce unacceptable noise. The regulations limit the amount of noise that may be created as measures at the exterior of any dwelling unit, school, hospital, church, or public library. Table 4.12-1 below provides the Municipal Code’s exterior noise standards. Additionally, Chapter 8.52 limits the creation of noise that results in excessive noise levels within any dwelling unit. Table 4.12-2 below provides the standards for 73 Per Municipal Code Section 15.040125B(3) an exception to the permitted construction hours may be granted by Planning Commission.
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interior noise in dwelling units. Exemptions to these standards are provided for special events and construction activities not taking place between 8:00 PM and 7:00 AM.
Table 4.12-1: Exterior Noise Level Standards
Category Cumulative Numbers of
Minutes in Any 1- Hour
Time Period
Noise Level Standards, dBA
Daytime (7:00 AM – 10:00
PM)
Nighttime (10:00 PM –
7:00 AM)
1 30 55 50
2 15 60 55
3 5 65 60
4 1 70 60
5 0 75 70
Sources: City of East Palo Alto Municipal Code. 2019.
Notes:
1. In the event the measured background noise level exceeds the applicable noise level standard in any category above, the applicable standard shall be adjusted in five dBA increments so as to encompass the background noise level.
2. Each of the noise level standards specified above shall be reduced by five dBA for simple tone noises, consisting primarily of speech or music, or for recurring or intermittent impulsive noises.
3. If the intruding noise source is continuous and cannot reasonably be stopped for a period of time whereby the background noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards in this table.
Table 4.12-2: Interior Noise Level Standards
Category Cumulative Numbers of
Minutes in Any 1- Hour
Time Period
Noise Level Standards, dBA
Daytime (7:00 AM – 10:00
PM)
Nighttime (10:00 PM –
7:00 AM)
1 5 45 40
2 1 50 45
3 0 55 50
Sources: City of East Palo Alto Municipal Code. 2019.
Notes:
1. In the event the measured background noise level exceeds the applicable noise level standard in any category above, the applicable standard shall be adjusted in five dBA increments so as to encompass the background noise level.
2. Each of the noise level standards specified above shall be reduced by five dBA for simple tone noises, consisting primarily of speech or music, or for recurring or intermittent impulsive noises.
3. If the intruding noise source is continuous and cannot reasonably be stopped for a period of time whereby the background noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards in this table.
Section 15.04.125 of the City’s Municipal Code limits construction activity to the hours of 7:00 AM to 6:00 PM Monday through Friday and 9:00 AM to 5:00 PM on Saturdays. No construction activity is allowed on Sundays or national holidays.74
74 Per Municipal Code Section 15.040125B(3) an exception to the permitted construction hours may be granted by Planning Commission.
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Palo Alto Airport – Comprehensive Land Use Plan
The project site is approximately 0.8-mile northwest of the Palo Alto Airport is not located within the CLUP’s Airport Influence Area; however, it is located within the 60 CNEL aircraft noise contour for Palo Alto Airport.75
Existing Conditions
Existing Ambient Noise Levels
The project site is located on Pulgas Avenue in the Ravenswood Business District of East Palo Alto.
The noise environment at the project site is currently dominated by vehicular traffic noise along nearby roadways, such as Bay Road and Pulgas Avenue, and noise generated by the industrial uses on surrounding sites. Aircraft overflights associated with nearby airports (i.e., Palo Alto Airport, Moffett Federal Airfield, San Francisco International Airport, and Norman Y. Mineta San José International Airport) also contribute to the existing noise environment.
Noise data contained in the East Palo Alto General Plan, the East Palo Alto General Plan Update Draft EIR, and measurements from previous projects were reviewed to establish ambient noise levels in the project area. A summary of the noise levels from these prior studies is included in Table 4.12-3:
Summary of Existing Noise Levels below.
Table 4.12-3: Summary of Existing Noise Levels
Noise Measurement Location Date,
Time
dBA
CNEL
Daytime
dBA Leq
Nightime
dBA Leq
General Plan Noise Element Noise Contour
Approximate location of the project site 60-65
Development Project – Noise Measurements
LT-1, 15-feet from centerline of Bay Road at
2020 Bay Road
04/20/2017
-
04/24/2017
63 on
weekdays
60-61 on
weekends
50-70 42 to 57
LT-2, 40 feet north of the centerline of Bay
Road and 125 feet west of the centerline of
Pulgas Avenue
04/20/2017
-
04/24/2017
71 on
weekdays
67 to 69
on
weekends
59 to 73 51 to 68
LT-3, 30 feet from centerline of Pulgas Avenue
at 530 Pulgas Avneue
04/05/2017
-
04/06/2017
66 61 to 68 49 to 60
Source: City of East Palo Alto. Draft Environmental Impact Report City of East Palo Alto General Plan Update.
April 2016. City of East Palo Alto. JobTrain Office Project Initial Study. November 2021. 75 County of Santa Clara. Comprehensive Land Use Plan for Palo Alto Airport. November 19, 2008. Figure 5.
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Existing Noise-Sensitive Receptors
The nearest noise sensitive receptors to the project site are the EPA Art Center adjacent to the north of the project site, and residences to the west, across Pulgas Avenue, approximately 50 feet.
4.12.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in:
1) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general plan
or noise ordinance, or applicable standards of
other agencies?
2) Generation of excessive groundborne vibration
or groundborne noise levels?
3) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
Impact NOI-1: The project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (Less than Significant Impact with Mitigation Incorporated)
Construction Noise
Noise impacts resulting from construction depend upon the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise-sensitive areas. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or when construction lasts over extended periods of time. General Plan Safety and Noise Policy 7.11 states that a significant construction noise impact would occur if substantial noisegenerating construction activity (such as building demolition, grading, excavation, pile driving, or use of impact equipment, or building framing) occurred within 500 feet of residential uses or 200 feet of commercial or office uses for more than 12 months.
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Project construction would take approximately 24 months and be located adjacent to a commercial use (EPACENTER) and approximately 50 feet east of residential uses. Therefore, construction associated with future library development on-site would result in a significant noise impact.
Impact NOI-1.1: Construction of the proposed project would occur for more than 12 months and be located within 500 feet of residential uses, resulting in a significant noise impact.
Mitigation Measure: Consistent with General Plan Policy 7.11. the following standard noise control measures shall be implemented during project construction.
MM NOI-1.1: The following measures shall be implemented during construction:
• Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m. and Saturdays and holidays between 9:00 a.m. and 7:00 p.m., with no construction on Sundays;
• Utilize “quiet” models of air compressors and other stationary noise sources where such technology exists;
• Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment;
• Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; • Locate staging areas and construction material areas as far away as possible from adjacent land uses;
• Prohibit all unnecessary idling of internal combustion engines; • Designate a “disturbance coordinator” who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem are implemented.
• Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction
With implementation of mitigation measures MM NOI-1.1, temporary construction noise impacts from the proposed project would be reduced to a less than significant level. (Less than Significant Impact with Mitigation Incorporated)
Operational Noise
Mechanical Equipment Noise
Future library operations would include mechanical equipment operations for building heating and cooling. The most substantial noise-generating equipment would likely be building HVAC units. The proposed project would include HVAC unit; however, the location and specific type, location, and operation of the HVAC unit is not known at this time. Depending on the specific type, location, and operation of the project HVAC equipment, noise levels generated by the HVAC equipment could
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potentially exceed the City’s Municipal Code thresholds.
Impact NOI-1.2: Mechanical equipment operations associated with the future library development would result in noise levels in excess of exterior noise thresholds at the property line of nearby sensitive receptors.
Mitigation Measure: Incorporation of the following mitigation measure would reduce mechanical equipment noise impacts on nearby sensitive receptors to a less than significant level.
NOI-1.2: Prior to issuance of building permits, project mechanical equipment shall be selected and designed to reduce impacts on surrounding uses and meet the City’s exterior and interior noise level requirements. A qualified acoustical consultant shall be retained to review mechanical noise as the equipment systems are selected and determine specific noise reduction measures necessary to reduce noise to comply with the City’s 55 dBA L50 daytime exterior limit and 50 dBA L50 nighttime exterior limit at the nearest residential property lines. Noise reduction measures could include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers, such as enclosures and parapet walls to block the line-of-sight between the noise receptors. Alternate measures may include locating equipment in less noise-sensitive areas.
With implementation of this measure, the impact would be reduced to a less than significant level. (Less than Significant Impact with Mitigation Incorporated) Traffic Noise
Based on the General Plan Safety and Noise Policy 7.2, a significant impact would occur if the permanent noise level increase due to project-generated traffic was three dBA CNEL and exceeded the “normally acceptable” level or was five dBA CNEL or greater and remained “normally acceptable.” Existing noise levels at the residences to the west exceed 65 dBA CNEL (LT#3 measure 66 dBA CNEL, refer to Table 4.12-3). A significant impact would, therefore, occur if projectgenerated traffic increased levels by three dBA CNEL or more. For reference, a three dBA CNEL noise increase would be expected if the project would double existing traffic volumes along a roadway.
As discussed in Section 4.16 Transportation, future library development would add a new library within the City, providing an alternative location for library users to choose from. The addition of a second library would; therefore, redirect trips from the existing library to the new library. Based upon standard trip generation rates for Library uses, future library development would generate approximately 2,471 daily vehicle trips.76 Pulgas Avenue has an existing average daily traffic volume of approximately 7,137 vehicle trips per day.77 Therefore, the project would not result in a doubling of existing traffic volumes and the permanent traffic noise increase attributable to the project would be two dBA CNEL or less in the project vicinity. This would not be considered a significant permanent noise level increase. For these reasons, the proposed library acquisition and future library 76 Institute of Transportation Engineers. Trip Generation Manual, 11th Edition. September 2021. Land Use Code 590: Library in General Urban/Suburban. 77 City of East Palo Alto. East Palo Alto General Plan Update EIR. April 2016. Page 4.14-4.
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development would have a less than significant traffic noise impact. (Less than Significant Impact) Impact NOI-2: The project would not result in generation of excessive groundborne vibration or groundborne noise levels. (Less than Significant Impact) Future library development on the project site could generate temporary construction vibration that could affect adjacent uses. Construction activities such as drilling, the use of jackhammers (approximately 0.035 in/sec PPV at 25 feet), rock drills and other high-power or vibratory tools (approximately 0.09 in/sec PPV at 25 feet), and rolling stock equipment such as tracked vehicles, compactors, etc. (approximately 0.89 in/sec PPV at 25 feet) may generate substantial vibration in the immediate site vicinity.78
Policy 6.4 of the City’s General Plan limits vibration levels to 0.08 in/sec PPV at sensitive historic structures and 0.03 in/sec PPV at buildings of normal conventional construction to minimize the potential for cosmetic damage. As discussed in Section 4.5 Cultural Resources, the nearest historic resource is a single-family residential building located at 962 Garden Street, approximately 0.3-mile from the southwest of the project site.79 Therefore, groundborne vibration levels exceeding 0.3 in/sec PPV would have the potential to result in a significant vibration impact on the surrounding buildings.
The nearest structure to the project site is the adjacent EPACENTER building, located approximately 25 feet north of the project boundary. At this distance, operation of jackhammers, rock drills, and rolling stock equipment would generate vibration levels exceeding the City’s threshold of 0.03 in/sec PPV.
Impact NOI-2.1: Construction-related vibration levels at the existing EPACENTER building to the north of the project site would exceed the City’s 0.03 in/sec PPV threshold. (Significant Impact)
Mitigation Measure: The following measure shall be implemented during construction of the proposed project.
MM NOI-2.1: The proposed project shall incorporate the following measures to reduce vibration levels to 0.03 or less at nearby structures.
• Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
• Use of smaller equipment to minimize vibration levels below the limits near existing or on-site buildings shall be required.
• Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy objects or materials.
78 U.S. Department of Transportation, Office of Planning and Environment. Transit Noise and Vibration Impact Assessment Manual. September 2018. 79 Ibid.
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With implementation of MM NOI-2.1, the project-generated construction vibration would be reduced below the City’s threshold of 0.03 in/sec PPV. (Less than Significant Impact) Impact NOI-3: The project would not be located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The project would not expose people residing or working in the project area to excessive noise levels. (Less than Significant Impact)
Future library development would occur on a site located approximately 0.8-miles northwest of Palo Alto Airport and within the 60 CNEL noise contour for the airport. Future library development would be required to meet the interior noise standards set by CalGreen and the City’s General Plan interior noise standard of 45 dBA Leq for libraries. Standard commercial construction provides 15 dBA of exterior-to-interior noise reduction, assuming the windows are partially open for ventilation.
Standard construction with windows closed provides approximately 20 to 25 dBA of noise reduction in interior spaces. Therefore, assuming standard construction, interior noise levels at the project site would be approximately 45 dBA with windows partially open which would not exceed the City’s threshold. Therefore, the proposed project and future library development would not expose people working in the project area to excessive noise levels due to proximity to an airport. (Less than Significant)
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POPULATION AND HOUSING
4.13.1 Environmental Setting
Regulatory Framework
State
Housing-Element Law
State requirements mandating that housing be included as an element of each jurisdiction’s general plan is known as housing-element law. The Regional Housing Need Allocation (RHNA) is the statemandated process to identify the total number of housing units (by affordability level) that each jurisdiction must accommodate in its housing element. California housing-element law requires cities to: 1) zone adequate lands to accommodate its RHNA; 2) produce an inventory of sites that can accommodate its share of the RHNA; 3) identify governmental and non-governmental constraints to residential development; 4) develop strategies and a work plan to mitigate or eliminate those constraints; and 5) adopt a housing element and update it on a regular basis.80 The City of East Palo Alto Housing Element and related land use policies were last updated on May 5, 2015. The City is in process of preparing the Housing Element addressing the upcoming 2023-2031 RHNA timeframe.
Regional and Local
Plan Bay Area 2040
Plan Bay Area 2040 is a long-range transportation, land-use, and housing plan intended support a growing economy, provide more housing and transportation choices, and reduce transportationrelated pollution and GHG emissions in the Bay Area. Plan Bay Area 2040 promotes compact, mixed-use residential and commercial neighborhoods near transit, particularly within identified Priority Development Areas (PDAs).81
ABAG allocates regional housing needs to each city and county within the nine-county San Francisco Bay Area, based on statewide goals. ABAG also develops forecasts for population, households, and economic activity in the Bay Area. ABAG, MTC, and local jurisdiction planning staff created the Regional Forecast of Jobs, Population, and Housing, which is an integrated land use and transportation plan through the year 2040 (upon which Plan Bay Area 2040 is based).
Existing Conditions
In 2020, the City of East Palo Alto had an approximate population of 28,155.82 The ABAG Plan Bay Area Projections 2040 estimates that by 2040, the City’s projected population would be 36,090 80 California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed January 3, 2020. http://hcd.ca.gov/community-development/housingelement/index.shtml. 81 Association of Bay Area Governments and Metropolitan Transportation Commission. “Project Mapper.” http://projectmapper.planbayarea.org/. 82 California Department of Finance. E-1 Population Estimates for Cities, Counties, and the State – January 1, 2011 and 2020. April 2020.
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residents in 8,675 households.83 ABAG is projecting that jobs in the City will increase from approximately 5,810 in 2020 to 6,660 in 2040.84
The project site is currently partially developed with a gravel surface parking lot and undeveloped grass area. There are no existing on-site residences or employment uses.
4.13.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
2) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
Given the use and the size of future library development, it could result in an incremental increase in jobs in the City. It is not currently known how many employees would be generated by the project.
However, pursuant to General Plan Policy ISF 7.10, the General Plan assumed development of 750 square feet of library for every 1,000 residents and development of a new library in the Ravenswood RBD Specific Plan area to achieve this library service ratio. Therefore, the new jobs generated by the proposed property acquisition have been accounted for in the growth assumptions of the General Plan (11,650 total jobs within the City by 2040).85 Thus, any indirect population growth resulting from implementation of the library would not be substantial or unplanned. (Less than Significant Impacts)
83 Association of Bay Area Governments. “Plan Bay Area Projections 2040.” Accessed December 1, 2020. http://projections.planbayarea.org/data 84 Ibid. 85 City of East Palo Alto. East Palo Alto General Plan Update Draft EIR. Page 4.7-15 Impact POP-1: The project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). (Less than Significant Impact)
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Impact POP-2: The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. (Less than Significant Impact)
Future library development would not involve conversion or removal of existing housing as no housing currently exists on-site. Therefore, the project would not induce substantial unplanned population growth or displace substantial numbers of existing people or housing necessitating the construction of replacement housing elsewhere. (Less than Significant Impact)
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PUBLIC SERVICES
4.14.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.
Government Code Section 65995 through 65998
California Government Code Section 65996 specifies that an acceptable method of offsetting a project’s effect on the adequacy of school facilities is the payment of a school impact fee prior to the issuance of a building permit. Government Code Sections 65995 through 65998 set forth provisions for the payment of school impact fees by new development by “mitigating impacts on school facilities that occur (as a result of the planning, use, or development of real property” (Section 65996[a]). The legislation states that the payment of school impact fees “are hereby deemed to provide full and complete school facilities mitigation” under CEQA (Section 65996[b]).
Developers are required to pay a school impact fee to the school district to offset the increased demands on school facilities caused by the proposed residential development project. The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.
Regional and Local
Bay Trail Plan
The Association of Bay Area Governments’ Bay Trail Plan proposes development of a continuous regional hiking and bicycling trail around the perimeter of the San Francisco and San Pablo Bays.86 Within East Palo Alto, there are two gaps in the Bay Trail: an unimproved section between Weeks Street and Bay Road and a planned section between University Avenue and the northern boundary of the Ravenswood Open Space Preserve.
San Mateo County Trails Plan
The San Mateo County 2001 Trails Plan is a regional trails plan prepared for the San Mateo County Parks and Recreation Commission. It provides a framework for implementing the County’s vision of providing a contiguous trail network that identifies the latest desired alignments, connections 86 San Francisco Bay Trail. Bay Trail Plan. Accessed May 26, 2022. https://mtc.ca.gov/operations/regional-trailsparks/san-francisco-bay-trail/about-bay-trail.
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between cities and adjacent counties, access ways for recreational and educational activities to portions of the County currently lacking access, access ways to and along the coast, recreational opportunities to area residents, commuter routes, and trail construction guidelines and policies.
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating impacts to public services resulting from planned development within the City, including the following:
Policy Land Use and Urban Design
7.1 Public Uses. Allow municipal facilities, structures, and projects in all land use designations.
7.3 Continuation of public and institutional uses. Allow for the continuation of recreational, cultural, public, and religious land uses.
Policy Transportation
1.5 Coordination with public safety. Ensure that the Menlo Park Fire Protection District (MPFPD) and the City’s Police Department review construction plans for roadway modifications, internal circulation, and establish, if needed, temporary alternative emergency routes to be used the duration of any construction project. During design review, ensure that roads and driveways are established that meet applicable code requirements for emergency access, including potentially including signal preemption mechanisms. Ensure that the MPFPD reviews related building plans for compliance with the Fire Code and establishes a future inspection schedule for continued compliance. Continue the existing practice of informing the MPFPD and the Police Department of projects and proactively engaging with the MPFPD and the Police Department through the Development Review Committee (DRC) and the plan check process.
Policy Infrastructure, Services, and Facilities
7.10 Libraries. Coordinate with San Mateo County to provide library services for the community, aiming to provide approximately 750 square feet of equipped and staffed library space per 1,000 residents.
10.1 Crime prevention through Environmental Design (CPTED). Work with the police and planning departments to deter crime by encouraging CPTED strategies in new and existing development, including the following strategies:
• Active public space.
• Building design to promote “eyes on the street.”
• Clear delineation between private and public space.
• Natural access control between public and private space. • Maintenance of public places.
• Removal or repair of vandalism or broken property
10.3 Fire and emergency services. Continue to coordinate with Menlo Park Fire Protection District (MPFPD) to ensure excellent fire and emergency services.
10.4 Excellent police service. Strive to continuously improve the performance and efficiency of the East Palo Alto Police Department.
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Policy Parks, Open Space, and Conservation
1.1 New parks and open space. Maintain a park standard of 3 acres per 1,000 residents.
Undertake a program to add 79 acres of new formalized park spaces, prioritizing the areas of the City currently underserved by parks (Weeks, Kavanaugh, Willow, and Woodland).
Existing Conditions
Fire Protection Services
The Menlo Park Fire District (MPFD) provides fire protection and emergency medical services to the City of East Palo Alto as well as the City of Menlo Park, the Town of Atherton and unincorporated areas of San Mateo County.87 The MPFD responds to approximately 8,500 emergencies a year with approximately 60 percent of the emergencies being emergency medical incidents.88 Additionally, the MPFD is part of the greater San Mateo County boundary drop plan whereby the closest apparatus responds to each emergency services call.
The MPFD has seven stations that are strategically placed to provide the most efficient response times. The closest MPFD station to the project site is Station 2, which is located at 2290 University Avenue approximately 0.58-miles west of the site. Station 2 was rebuilt in 2016 with a new fire station approximately three times the size of the original Station 2.89 Police Protection Services
The East Palo Alto Police Department (EPAPD) provides police services in the City of East Palo Alto. The EPAPD patrols four beats in the City. EPAPD headquarters are located at 141 Demeter Street, approximately 0.2-miles northwest of the project site.
Schools
The project site is located within the Ravenswood City Elementary School District and the Sequoia Union High School District. The Ravenswood City Elementary School District operates three K-5 schools and one middle school. The closest elementary school to the project site is Costano Elementary School (2695 Fordham Street), approximately 0.5-mile northwest of the project site.
Cesar Chavez Ravenswood Middle School is the nearest middle school to the project site, located at 2450 Ralmar Avenue, approximately 7.6-miles northwest of the project site. The Sequoia Union High School District operates seven high schools and one adult school.90 The closest high school to the site is the East Palo Alto Academy, located approximately 0.57-mile southeast of the project site at 1050 Myrtle Street. The nearest school to the project site is East Palo Alto Charter School, located at 1286 Runnymede Street, approximately 0.25 mile southeast of the project site. 87 Menlo Park Fire District. “About the Fire District.” Accessed May 26, 2022. https://www.menlofire.org/aboutthe-fire-district. 88 Ibid. 89 San Jose Mercury News. “Menlo Park: Fire district on track to replace seven stations in 10 years.” Accessed May 26, 2022. Available at: https://www.mercurynews.com/2016/03/16/menlo-park-fire-district-on-track-to-replaceseven-stations-in-10-years/. 90 Sequoia Union High School. “Schools”. Accessed May 27, 2022. https://www.seq.org/SCHOOLS/index.html.
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Parks
The City of East Palo Alto owns and maintains eight parks and contains 225 acres of the Don Edwards San Francisco Bay National Wildlife Refuge.91
The nearest park to the project site is Jack Farrell Park located at 2509 Fordham Street, approximately 0.27 mile north of the site. Jack Farrell Park includes softball field, play structure, workout equipment, restrooms, three tables, and a small grass area.
Libraries
East Palo Alto Library is part of the San Mateo County Libraries system.92 The existing East Palo Alto Library is located approximately 0.45-mile northwest of the site on 2415 University Avenue.
Library features include book rentals, computer and paper-printing services, wireless internet, and access to 3D printers.
The proposed project would construct a new library on the project site.
4.14.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times,
or other performance objectives for any of the
public services:
1) Fire Protection?
2) Police Protection?
3) Schools?
4) Parks?
5) Other Public Facilities?
91 City of East Palo Alto. “Parks, Open Space & City Facilities.” Accessed May 26, 2022. https://www.cityofepa.org/parksrec. 92 San Mateo County Libraries. “East Palo Alto.” Accessed May 26, 2022. https://smcl.org/locations/1E/.
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Future library development would incrementally increase demand for fire protection services in the area. While there would be increased demand placed on the MPFPD, the site is already within the MPFPD’s service area and in close proximity to existing fire stations. Future development of the site would be required to be constructed in a fire-safe manner in accordance with current building codes.
New library facilities were already identified for development in the RBD Specific Plan area in the General Plan, therefore, any increased demand for fire protection services associated future library development would have been included in the growth assumptions of the General Plan and analyzed in the General Plan EIR. The General Plan EIR concluded that MPFPD has no immediate need to expand its facilities to accommodate planned growth in the General Plan therefore, impacts associated with the provision of new or physically altered fire facilities would be less than significant impact. For these reasons, the proposed property acquisition and future library development would not result in substantial adverse effects associated with the provision of new or altered fire protection facilities. (Less than Significant Impact)
Impact PS-2: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection services. (Less than Significant Impact)
Future library development would incrementally increase demand for police protection services in the area. While there would be increased demand placed on the EPAPD, the site is already within the EPAPD’s service area and in close proximity to the existing police station. Future development of the site would be reviewed by EPAPD to ensure that it is not constructed in a manner that increases potential for crime because new library facilities were already identified for development in the RBD Specific Plan area in the General Plan, any increased demand for police protection services associated future library development would have been included in the growth assumptions of the General Plan and analyzed in the General Plan EIR. The General Plan EIR concluded that EPAPD has no immediate need to expand its facilities to accommodate planned growth in the General Plan therefore, impacts associated with the provision of new or physically altered police facilities would be less than significant impact. For these reasons, the proposed property acquisition and future library development would not result in substantial adverse effects associated with the provision of new or altered police protection facilities. (Less than Significant Impact) Impact PS-1: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection services. (Less than Significant Impact)
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Impact PS-3: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for schools. (Less than Significant Impact) As discussed in Section 4.14, Population and Housing, the addition of a new library would result in modest job growth in East Palo Alto. Although the project site was not specifically identified for future library development, because new library facilities were already accounted for in the development assumptions for the RBD Specific Plan area in the General Plan, any job/population growth associated with buildout of the General Plan would have been included in the growth assumptions of the General Plan. As the library project does not include housing, it would not result in additional student population. Therefore, the proposed property acquisition and future library development would not result in the need for new or altered school facilities. (Less than Significant Impact)
Impact PS-4: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for parks. (Less than Significant Impact with Mitigation Incorporated)
Unlike residential development, future library development would not create demand for more parks within the City. While employees and patrons of a future library may use nearby parks such as the Bay Trail, Cooley Landing, or Jack Farrell Park, usage of these facilities by future employees and patrons would not be substantial and require the construction of new parks. Therefore, the proposed property acquisition and future library development would not result in the need for new or physically altered parks in the project area. (Less than Significant Impact) Impacts associated with construction of a library facility are discussed at a programmatic level throughout this document. Future library development would be subject to project-level environmental review pursuant to CEQA and would be required to analyze impacts to public facilities as well as the physical impacts associated with provision of the library facility and incorporate mitigation measures to avoid or minimize such impacts, if necessary. Therefore, the proposed project would not result in significant impacts related to new or physically altered public Impact PS-5: The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for other public facilities. (Less than Significant Impact)
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facilities, beyond what has been disclosed throughout this initial study, based on the level of project information and detail that exists. (Less than Significant Impact)
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RECREATION
4.15.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.
Regional
Bay Trail Plan
The Association of Bay Area Governments’ Bay Trail Plan proposes development of a continuous regional hiking and bicycling trail around the perimeter of the San Francisco and San Pablo Bays.93 Within East Palo Alto, there are two gaps in the Bay Trail: an unimproved section between Weeks Street and Bay Road and a planned section between University Avenue and the northern boundary of the Ravenswood Open Space Preserve.
San Mateo County Trails Plan
The San Mateo County 2001 Trails Plan is a regional trails plan prepared for the San Mateo County Parks and Recreation Commission. It provides a framework for implementing the County’s vision of providing a contiguous trail network that identifies the latest desired alignments, connections between cities and adjacent counties, access ways for recreational and educational activities to portions of the County currently lacking access, access ways to and along the coast, recreational opportunities to area residents, commuter routes, and trail construction guidelines and policies.
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding mitigating recreation impacts resulting from planned development within the City, including the following:
Policy Parks, Open Space, and Conservation
1.1 New parks and open space. Maintain a park standard of 3 acres per 1,000 residents.
Undertake a program to add 79 acres of new formalized park spaces, prioritizing the areas of the City currently underserved by parks (Weeks, Kavanaugh, Willow, and Woodland).
1.6 Park variety. Seek to maintain a diversity of park spaces throughout the City, including recreation areas and sports fields, pools, hardscaped plazas, children’s play areas, and linear 93 San Francisco Bay Trail. Bay Trail Plan. Accessed May 26, 2022. https://mtc.ca.gov/operations/regional-trailsparks/san-francisco-bay-trail/about-bay-trail.
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greenways.
1.7 Community Involvement. Encourage public involvement in every aspect of park and open space acquisition, design, construction, and programming.
1.8 Parks and open space. Establish a range of parks and open spaces, including tot lots, neighborhood parks, community parks, plazas/greens and/or greenways/parkways within all new Neighborhoods, Centers, and Districts.
1.9 Measure AA projects. With the financial and administrative support of Mid-Peninsula Regional Open Space, build new Bayfront trails and City-to-Bay trails. Support wetland restoration and science education exhibits.
1.10 New trails and paths. Construct new trails or multiuse paths, particularly along the San Francisquito Creek or in the Baylands.
1.12 Opportunistic conversions. Work to convert unused utility rights-of-way (including the Hetch Hetchy ROW), railroad rights-of-way (including the UP Spur) and alleys into attractive open space corridors.
2.3 Access to parks. Improve bike and pedestrian access to existing parks and schools.
2.5 Park improvements. Maintain and renovate existing parks with new equipment and features (especially drinking fountains, lighting, fitness equipment, and restrooms) to ensure continued use, accessibility, and quality facilities.
2.7 Baylands Use. Encourage public recreational use and access to the Baylands, South Bay Salt Pond, and other nearby open space, in coordination with the Don Edwards San Francisco Bay National Wildlife Refuge and other partners and in a manner that does not adversely impact the natural environment.
City of East Palo Alto Parks Master Plan
The City is currently in the process of developing a Citywide Parks Master Plan to guide future improvements of existing parks and the development of new parks and open spaces.
Existing Conditions
The City of East Palo Alto owns and maintains eight parks and contains 225 acres of the Don Edwards San Francisco Bay National Wildlife Refuge.94 The nearest park to the project site is Jack Farrell Park located at 2509 Fordham Street (approximately 0.27-mile northwest of the project site) and includes softball field, play structure, workout equipment, restrooms, three tables, and a small grass area.
94 City of East Palo Alto. “City Parks.” Accessed January 7, 2021. Available at: https://www.cityofepa.org/parksrec.
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4.15.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
1) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
2) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
Unlike residential development, future library development would not create demand for more parks within the City. While employees and patrons of a future library may use nearby parks such as the Bay Trail, Cooley Landing, or Jack Farrell Park, usage of these facilities by future employees and patrons would not be substantial and require the construction of new parks. Therefore, the proposed property acquisition and future library development would not result in the need for new or physically altered parks in the project area. (Less than Significant Impact) Impact REC-2: The project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. (Less than Significant Impact)
Future library development could include outdoor public recreational facilities the environmental effects of which are analyzed at a programmatic level in this Initial Study and would be analyzed as a part of project-level environmental review pursuant to CEQA, including the incorporation of mitigation measures to avoid or minimize impacts, if necessary. Therefore, the proposed project would not have a significant impact from construction of new recreational facilities. (Less than Significant Impact)
Impact REC-1: The project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. (Less than Significant Impact)
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TRANSPORTATION
4.16.1 Environmental Setting
Regulatory Framework
State
Regional Transportation Plan
MTC is the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area, including San Mateo County. MTC is charged with regularly updating the Regional Transportation Plan, a comprehensive blueprint for the development of mass transit, highway, airport, seaport, railroad, bicycle, and pedestrian facilities in the region. MTC and ABAG adopted Plan Bay Area 2040 in July 2017, which includes a Regional Transportation Plan to guide regional transportation investment for revenues from federal, state, regional and local sources through 2040.
Senate Bill 743
SB 743 establishes criteria for determining the significance of transportation impacts using a vehiclemiles traveled (VMT) metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses. Specifically, SB 743 requires the replacement of automobile delay—described solely by level of service (LOS) or similar measures of vehicular capacity or traffic congestion—with VMT as the recommended metric for determining the significance of transportation impacts. The Governor’s Office of Planning and Research (OPR) approved the CEQA Guidelines implementing SB 743 on December 28, 2018. Local jurisdictions are required to implement a VMT policy by July 1, 2020.
SB 743 did not authorize OPR to set specific VMT impact thresholds, but it did direct OPR to develop guidelines for jurisdictions to utilize. CEQA Guidelines Section 15064.3(b)(1) describes factors that might indicate whether a development project’s VMT may be significant. Notably, projects located within 0.50 mile of transit should be considered to have a less than significant transportation impact based on OPR guidance.
Regional and Local
Congestion Management Program
The City/ County Association of Governments of San Mateo County (C/CAG) oversees the area’s Congestion Management Program (CMP), which identifies strategies to respond to future transportation needs, development procedures to alleviate and control congestion, and promotes countywide solutions to congestion issues. State legislation requires that urbanized counties in California prepare a CMP in order to alleviate and control congestion and promotes countywide solutions to congestion issues. State legislation requires that urbanized counties in California prepare a CMP in order to obtain their share of increased gas tax revenues. The legislation requires that each CMP contain the following elements: 1) a system definition and traffic level of service standard element; 2) a transit service and standard element; 3) a trip reduction and transportation demand management element; 4) a land use impact analysis program element; and 5) a capital improvement
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element. CCAG is currently in the process of updating the County TDM program.
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating transportation/traffic impacts resulting from planned development within the City, including the following:
Policy Transportation
1.4 ADA-compliant Sidewalks. Ensure sidewalks are ADA compliant and free of blockage resulting from parked vehicles or other obstructions.
1.5 Coordination with public safety. Ensure that the Menlo Park Fire Protection District (MPFPD) and the City’s Police Department review construction plans for roadway modifications, internal circulation, and establish, if needed, temporary alternative emergency routes to be used the duration of any construction project. During design review, ensure that roads and driveways are established that meet applicable code requirements for emergency access, potentially including signal preemption mechanisms. Ensure that the MPFPD reviews related building plans for compliance with the Fire Code and establishes a future inspection schedule for continued compliance. Continue the existing practice of informing the MPFPD and the Police Department of projects and proactively engaging with the MPFPD and the Police Department through the Development Review Committee (DRC) and the plan check process.
3.3 Pedestrian network. Create a safe, comfortable, and convenient pedestrian network that focuses on a) safe travel; b) improving connections between neighborhoods and commercial areas, and across existing barriers; c) providing places to sit or gather, pedestrian-scaled street lighting, and buffers from moving vehicle traffic; and d) includes amenities that attract people of all ages and abilities.
4.1 Bicycle network. Improve facilities and eliminate gaps along the bicycle network to connect destinations across the city and create a network of bicycle facilities of multiple types that connect to neighboring cities, including a path along Newell Road between Highway 101 and San Francisquito Creek. The network should facilitate bicycling for commuting, school, shopping, and recreational trips by riders of all ages and levels of experience.
4.6 Bicycle parking standards. Require large public and private development projects to provide sufficient bicycle parking, shower, and locker facilities.
6.2 Parking requirements. Maintain efficient parking standards that consider the effect on demand due to various contextual conditions such as parking prices, transportation demand management strategies, transit accessibility, walkability, and bike ability.
Study establishing a density bonus program for developments that utilize mechanized parking lifts.
7.1 Automobile Level of Service Standards. Improve the East Palo Alto circulation system roadways in concert with land development to maintain adequate LOS for automobile travel. Automobile LOS performance can be measured using a volume-tocapacity (V/C) ratio. V/C ratios are calculated based on existing or future average daily traffic (ADT) volumes and daily capacity values for various types of roadways. A level of service scale is used to evaluate roadway performance based on V/C ratios. These
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levels range from “A” to “F”, with LOS A representing free flow conditions and LOS F representing severe traffic congestion. Descriptions of traffic flow for the different levels of service are provided in Table 6-4 Standards for Roadway Level of Service.
The performance criteria for evaluating volumes and capacities of the East Palo Alto roadway system is LOS D. At a signalized intersection, an impact is considered significant if it causes operations to degrade from LOS D or better to LOS E or F; or exacerbates LOS E of F conditions by increasing critical delay by >4 seconds and increasing volume to capacity ration (V/C ratio) by 0.01; or increases the V/C ratio by >0.01 at an intersection that exhibits unacceptable operations, even if the calculated LOS is acceptable. At an un-signalized intersection, an impact is considered significant if it: causes operations to degrade from LOS D or better to LOS E or F; or exacerbates LOS E or F conditions by increasing control delay; or causes volumes under project conditions to exceed the Caltrans Peak Hour Volume Warrant Criteria. Where the City determines that proposed development projects will cause LOS standards to be exceeded, appropriate mitigation will be required to improve roadways to meet LOS standards.
7.3 Multimodal transportation impact fee. Adopt a transportation impact fee for new development that raises funds for improving all modes of transportation.
U8.1 Transportation Demand Management (TDM). Promote effective TDM programs to reduce travel demand from existing and new development, shifting trips to alternative modes. Regularly update the TDM ordinance to establish effective requirements that reduce travel demand from existing and new development. Require projects to implement TDM programs, as defined in the TDM ordinance.
Policy Safety and Noise
4.4 Transportation safety. Minimize transportation accidents by considering pedestrian safety in all land use decisions and working closely with CHP, Caltrans, SamTrans, and other relevant agencies to identify safety problems and implement corrective measures.
Ravenswood/4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies, development standards and guidelines applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating transportation impacts resulting from planned development within the RBD Specific Plan area including the following:
Policy Transportation and Traffic
1.2 Implement the Specific Plan’s proposed network of offstreet pedestrian paths, which can help promote walking by providing more direct pedestrian connections between sites and buildings than could be offered by the street system. In addition, encourage developers to follow the Specific Plan’s guidelines regarding pedestrian connections between sidewalks and building entrances
1.4 Implement the General Plan’s proposed network of on-street bicycle lanes, off-street bicycle paths, and signed on-street bicycle routes.
2.4 Promote use of “quieter” paving types such as Open-Grade Rubberized Asphaltic Concrete along Bay Road, Pulgas Avenue and Weeks Street in the Plan Area and vicinity.
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5.2 Provide on-street parking based on the Streetscape Standards contained in this Specific Plan.
City of East Palo Alto Municipal Code
The City of East Palo Alto Municipal Code Chapter 10.32, Transportation System Management (TSM) Plan, was adopted with the following purposes:
• To reduce peak hour traffic congestion in the city, county, and surrounding region by reducing the number of vehicular trips and vehicular miles travelled related to work travel; • To reduce vehicular emissions, energy usage, and ambient noise levels as a result of fewer vehicle trips, fewer vehicle miles travelled, and reduced traffic congestion; • To achieve, as an initial goal, a twenty-five (25) percent participation rate by employees who work in the County in alternatives to single-occupancy vehicle commuting during weekday peak hours. The county will periodically reevaluate this goal in conjunction with the countywide TSM program and will revise it upward when warranted by traffic conditions and demonstrated results of the TSM program.
This chapter of the Municipal Code outlines requirements for TSM programs based on the number of employees, with thresholds for employer program requirements at 25 and 100 employees (refer to Municipal Code section 10.32.040, Trip Reduction Program).
On June 1, 2021, City Council adopted a resolution to repeal the existing Chapter 10.32 of the East Palo Alto Municipal Code and enact a new Chapter 10.32 establishing a transportation demand management (TDM) ordinance. The new TDM ordinance requires non-residential development approved after January 1, 2022, to achieve a 40 percent reduction in daily vehicle trips and existing developments with 100 or more employees to submit TDM plans that demonstrate how the worksite will achieve a 40 percent reduction in average daily trips.
City of East Palo Alto Bike Master Plan
The East Palo Alto Bicycle Transportation Plan, adopted in 2011, was created to reflect the goals and policies of the 1999 General Plan and Bay Access Master Plan and improve the overall community health through improved air-quality and by helping people stay physically fit. The plan embraces a reduction in greenhouse gas emissions and advocates for connectivity of schools with residential areas, shoppers with businesses, and commuters to employment centers.
Existing Conditions
Regional Access
Regional access to the project site is provided by US 101 and Bayfront Expressway (SR 84), as described below.
US 101 is a north-south freeway in the vicinity of the project site. US 101 extends northward through San Francisco and southward through San Jose. Within East Palo Alto, US 101 has three generalpurpose travel, lanes one high-occupancy vehicle (HOV) lane, and one auxiliary lane in each
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direction. Access to and from the project study area is provided via full-access interchanges at Embarcadero Road and University Avenue.
Bayfront Expressway (SR 84) is a six-lane expressway that extends along the northern edge of East Palo Alto. SR 84 extends across the Dumbarton Bridge into Alameda County and westward through San Mateo County. Bayfront Expressway provides access to the project study area via University Avenue.
Local Roadway Access
Local access to the project site is provided via University Avenue, Embarcadero Road, East Bayshore Road, Willow Road, Bay Road, Clarke Avenue, Pulgas Avenue, and Donohoe Street.
These facilities are described below.
University Avenue (SR 109) is a north-south arterial that extends from Stanford University in Palo Alto to Bayfront Expressway just north of the City of East Palo Alto. Within East Palo Alto, University Avenue is a four-lane divided roadway with no on-street parking. South of Bay Road, University Avenue has continuous sidewalks on both sides of the street. Between Bay Road and Purdue Avenue, University Avenue has a sidewalk on only one side of the street. The posted speed limit on University Avenue is 25 mph.
Embarcadero Road is a four-lane east-west arterial street. Embarcadero Road extends from El Camino Real in the west to the Baylands Nature Reserve in the east. With the exception of the Embarcadero Road overpass at US 101, where sidewalks are present on only the north side of the street, Embarcadero Road has continuous sidewalks on both sides of the street with no on-street parking. The posted speed limit on Embarcadero Road is 25 mph.
East Bayshore Road is a two-lane north-south frontage road with two disjointed segments directly east of US 101. East Bayshore Road extend southward from Saratoga Avenue near Willow Road to Euclid Avenue, where it becomes Donohoe Street. East of University Avenue, East Bayshore Road extends southward from Donohoe Street to San Antonio Road where it becomes Bayshore Parkway in Palo Alto. East Bayshore Road has on-street parking on the east side of the street between Clarke Avenue and Pulgas Avenue. East of Donohoe Street, East Bayshore Road is 25 mph.
Willow Road (SR 114) is a four-lane north-south divided arterial that serves as a border between Menlo Park and East Palo Alto in some sections, while the majority of the roadway is within the city limits of Menlo Park. Willow Road extends from Alma Street in the south to Bayfront Expressway in the north.
Bay Road is a four-lane east-west collector street within the project vicinity beginning at East Bayshore Road continuing to Pulgas Avenue. From Pulgas Avenue, Bay Road is a two-lane road that terminates at Cooley Landing and the San Francisco Bay. Bay Road has continuous sidewalks with on-street parking on both sides of the street west of Pulgas Avenue. However, east of Pulgas Avenue, Bay Road has no sidewalks. The posted speed limit on Bay Road is 25 mph.
Clarke Avenue is a two-lane north-south local collector street within the vicinity of the site extending from East Bayshore Road in the south to Bay Road to the north, where it becomes Illinois
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Street. Clarke Avenue has continuous sidewalks with on-street parking on both sides of the street.
The posted speed limit on Clarke Avenue is 25 mph.
Pulgas Avenue is a two-lane north-south collector street directly adjacent to the eastern boundary of the project site with on-street parking on both sides of the street. Pulgas Avenue extends from East Bayshore Road in the south to just north of Bay Road. Near the project site, sidewalks are provided on both sides of Pulgas Avenue north of Bay Road. The posted speed limit on Pulgas Avenue is 25 mph. Pulgas Avenue provides direct access to the project site via one full access gated driveway.
Donohoe Street is an east-west street that extends from East Bayshore Road in the west to Clarke Avenue in the east. Its classification varies from a local street to a major thoroughfare, while the cross section varies from a two-lane street with on-street parking to a divided six lane street.
Donohoe Street has continuous sidewalks on both sides of the street east of University Avenue.
Donohoe Street has a prima facia speed limit of 25 mph.
Planned Future Improvements
The RBD Specific Plan identified construction of a loop road as a planned transportation improvement. The loop road would extend northward from the current northerly terminus of Demeter Street and then turn westward to connect to University Avenue. Creating this new connection is expected to help alleviate traffic congestion on Bay Road and at the Bay Road/ University Avenue intersection by diverting some existing traffic.
Existing Bicycle, Pedestrian, and Transit Facilities
Bicycle Facilities
Bicycle facilities in the project vicinity consist of Class I bike paths and Class II bike lanes.
Class II bike lanes exist on Bay Road from Newbridge Street to Clarke Avenue, and on University Avenue starting just north of Donohoe Street and extending to the location of the future loop road.
Between the future loop road and Bay Front Expressway, there is a bike lane on the west (southbound) side of University Avenue and a separate bikeway on the east side of University Avenue. Additionally, the Bay Trail, a Class I bike and pedestrian path, runs along the west boundary of the Baylands Nature Preserve area, which is about one quarter mile east of the project site. The Bay Trail connects to several local neighborhood streets, including Week Street and Runnymede Street. There is also a short paved mixed-use trail known as the Rail Spur that extends from Bay Road to Pulgas Avenue. These bicycle facilities are not well-connected. No bicycle lanes are provided on the other local and neighborhood street in the vicinity of the project site. However, due to low traffic volumes, many of the residential streets south of the project site are conducive to bicycle traffic.
Pedestrian Facilities
Pedestrian facilities consist of sidewalks, crosswalks, and pedestrian signals at signalized intersections. In the vicinity of the project site, sidewalks are provided on both sides of Bay Road west of Pulgas Avenue. Between Pulgas Avenue and Tara Street, there are no sidewalks. A short sidewalk (approximately 400 feet long) is provided on the south side of Bay Road east of Tara Street.
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Sidewalks are provided on both sides of Pulgas Avenue south of Bay Road. North of Bay Road, a short sidewalk (about 200 feet long) is available only on the west side of the street.
Crosswalks are found on one or more approaches on most of the signalized study intersections. The intersection of University Avenue and Bay Road has crosswalks on all approaches.
The all-way stop controlled intersection of Clarke Avenue/Illinois Street and Bay Road has crosswalks on all four approaches. The intersection of Pulgas Avenue and Bay Road has a crosswalk on only the west approach while the intersection of Pulgas Avenue and Runnymede Street has crosswalks on all legs except the north approach. There are no crosswalks available at the following four unsignalized study intersections:
• Demeter Street and Bay Road
• Pulgas Avenue and Weeks Street
• Clarke Avenue and Weeks Street
• Clarke Avenue and Runnymede Street
Transit Facilities
Existing transit services in the study area are provided by the San Mateo County Transit District (Samtrans). The bus stops closest to the project site are at the intersection of Pulgas Avenue and Bay Road and at the intersection of Pulgas Avenue and Weeks Street. Samtrans bus service and the locations of the nearest bus stops are described below.
The 81 line operates on Bay Road, University Avenue, and Pulgas Avenue within the study area, looping throughout East Palo Alto and providing service to Menlo-Atherton High School. The line operates twice in the morning and once in the afternoon on school days only and stops at the Pulgas Avenue and Bay Road bus stop.
The 280 line operates on Bay Road and Pulgas Avenue within the study area, providing service between the Stanford Shopping Center and East Palo Alto. The line operates with approximately 60- minute headways during the AM and PM peak periods. The bus stop closest to the project site is at the intersection of Pulgas Avenue and Bay Road.
The 296 line operates on Bay Road, Pulgas Avenue, and Clarke Avenue within the study area, providing service between the Redwood City Caltrain Station and East Palo Alto. The line operates with 20-minute headways during the AM and PM peak periods. The bus stop closest to the project site is at the intersection of Clarke Avenue and Bay Road.
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4.16.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadways, bicycle lanes, and
pedestrian facilities?
2) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, subdivision (b)?
3) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
4) Result in inadequate emergency access?
Pedestrian Facilities
Pedestrian facilities in the project area consist of sidewalks, crosswalks, and pedestrian signals at signalized intersections. In the vicinity of the project site, sidewalks are provided on both sides of Bay Road west of Pulgas Avenue, on the south side of Bay Road east of Tara Street, on both sides of Pulgas Avenue south of Bay Road, and on the west side of Pulgas Avenue north of Bay Road. There are sidewalks on both sides of Pulgas Avenue adjacent to the project site. Although designs for the future library development have not been finalized, the City would either retain the existing sidewalk or replace it with construction of a library building consistent with City standards. Future library development would; therefore, not conflict with a program, plan, ordinance, or policy addressing the pedestrian circulation system. (Less than Significant Impact) Bicycle Facilities
Designated bicycles facilities in the immediate vicinity of the project site include bike lanes on Bay Road west of Clarke Avenue and the Bay Trail, a bike and pedestrian path that runs along the west boundary of the Baylands Nature Preserve area about one quarter mile east of the project site. There is also a short paved multi-use trail known as the Rail Spur that extends from Bay Road to Pulgas Avenue. These bicycle facilities are not well-connected. However, many of the residential streets south of the project site are conducive to bicycle travel due to their low traffic volumes and low speeds.
The East Palo Alto General Plan 2035 includes planned improvements to bicycle facilities in the project vicinity including Class II bike lanes along the entirety of Bay Road and Pulgas Avenue and Class III bike routes along Weeks Street, Cooley Avenue, East Bayshore Road, Euclid Avenue, and Impact TRN-1: The project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities. (Less than Significant Impact)
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Runnymede Street between Cooley Avenue and Euclid Avenue. These additions to the bicycle network would improve bike access to the site. Future library development on-site would not impede implementation of these planned improvements nor conflict with another program, plan, ordinance, or policy addressing the bicycle circulation system. (Less than Significant Impact) Transit Facilities
The project area is served by three SamTrans bus routes that stop within walking distance of the project site each hour during the peak commute periods. Future library users may utilize these transit facilities to access the library, however, transit riders would not increase to the extent that capacity of the existing transit facilities would be exceeded. Therefore, the project would not conflict with a program, plan, ordinance, or policy addressing the transit circulation system. (Less than Significant Impact)
Impact TRN-2: The project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). (Less than Significant Impact) CEQA Guidelines Section 15064.3, subdivision (b) describes the criteria for analyzing transportation impacts using a VMT metric. The City of East Palo Alto adopted a VMT policy on July 1, 2020.
Based on the City’s policy, the project would meet the definition of a local-serving public facility and assumed to have a less than significant impact on VMT because it would give existing library users an additional option to take shorter trips to access library facilities compared to existing conditions in the City. Therefore, the proposed property acquisition would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). (Less than Significant Impact) Impact TRN-3: The project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). (Less than Significant Impact) Future library development would be subject to project-level CEQA review. During the environmental review process, the site plan would be reviewed for compliance with the Building Code and Fire Code, and other applicable codes, so that safety would not be compromised. Any mitigation measures required to minimize or avoid impacts due to geometric design features would be identified during the site-specific environmental review process. Therefore, the proposed project would not substantially increase hazards due to geometric design feature. (Less than Significant Impact)
Impact TRN-4: The project would not result in inadequate emergency access. (Less than Significant Impact)
Future library development would be subject to project-level CEQA review. During the environmental review process, the site plan would be reviewed for compliance with the Building Code and Fire Code, and other applicable codes, so that emergency access and safety would not be compromised. Any mitigation measures required to minimize or avoid such impacts due to inadequate emergency access would be identified during the site-specific environmental review
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process. Therefore, the proposed project would not result in inadequate emergency access. (Less than Significant Impact)
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TRIBAL CULTURAL RESOURCES
4.17.1 Environmental Setting
Regulatory Framework
State
Assembly Bill (AB) 52, effective July of 2015, established a new category of resources for consideration by public agencies when approving discretionary projects under CEQA, called Tribal Cultural Resources (TCRs). AB 52 requires lead agencies to provide notice of projects to tribes that are traditionally and culturally affiliated with the geographic area if they have requested to be notified. Where a project may have a significant impact on a tribal cultural resource, consultation is required until the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource or when it is concluded that mutual agreement cannot be reached.
Under AB 52, a TCR is defined as follows:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are also either:
o Included or determined to be eligible for inclusion in the California Register of Historic Resources95
o Included in a local register of historical resources as defined in Public Resources Code Section 5020.1 (k)
• A resource determined by the lead agency to be a TCR.
Existing Conditions
On June 14, 2021, Tamien Nation requested notification of all non-exempt projects within the City of East Palo Alto.
On October 14, 2022, a records search of the Native American Heritage Commission (NAHC) Sacred Lands File was completed for the site and the results were positive.96 The City contacted the Tamien Nation (i.e., the California Native American tribe traditionally affiliated with the project area). The tribe was notified of the proposed project via email and certified mail on January 26, 2023 and invited to initiate formal consultation with the City of East Palo Alto under AB 52. On February 2, 2023, the City received a request from Tamien Nation for formal consultation with under AB 52.
The City met with a representatives of Tamien Nation on February 14, 2023. During the meetings, the tribal representatives requested that mitigation measure MM CUL-2.1 be modified to include a requirement for non-invasive methods to be used during presence/absence surveys of the project site, rather than mechanical methods. The tribal representative did not indicate that any known TCRs are present on the site.
95 See Public Resources Code section 5024.1. The State Historical Resources Commission oversees the administration of the CRHS and is a nine-member state review board that is appointed by the Governor, with responsibilities for the identification, registration, and preservation of California’s cultural heritage. The CRHR “shall include historical resources determined by the commission, according to adopted procedures, to be significant and to meet the criteria in subdivision (c) (Public Resources Code, Section 5024.1 (a) (b)). 96 Cody Campagne, Cultural Resources Analyst, Native American Heritage Commission. Personal Communication.
October 14, 2022.
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4.17.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
Section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in
terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
1) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k)?
2) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1? In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American tribe.
Impact TCR-1: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). (Less than Significant Impact)
As noted in Section 4.17.1.2, the Tamien Nation has requested to be informed of proposed projects in East Palo Alto under AB 52. In addition, after receiving notice of the proposed project, Tamien Nation requested formal consultation on the project. The City met with a representative of the tribe on February 14, 2023. During the meetings, the tribal representatives requested that mitigation measure MM CUL-2.1 be modified to include a requirement for non-invasive methods to be used during presence/absence surveys of the project site rather than mechanical methods. The tribal representatives did not indicate that any known TCRs are present on the site or in the project area. As noted in Section 4.5 Cultural Resources, the project site is not listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). Additionally, because no tribal cultural resources were identified on-site during the tribal consultation process, the project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in
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the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). (Less than Significant Impact) Impact TCR-2: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. (Less than Significant Impact) As discussed under Impact TCR-1, no tribal cultural resources were identified during the Native American consultation process. If cultural resources are encountered during construction, mitigation measure MM CUL 2.1 would be implemented to reduce impacts to cultural resources and human remains to a less than significant level. For these reasons, the project would not result in a substantial adverse change to a tribal cultural resource. (Less than Significant Impact)
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UTILITIES AND SERVICE SYSTEMS
4.18.1 Environmental Setting
Regulatory Framework
State
State Water Code
Pursuant to the State Water Code, water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet (approximately 980 million gallons) of water annually must prepare and adopt an urban water management plan (UWMP) and update it every five years. As part of a UWMP, water agencies are required to evaluate and describe their water resource supplies and projected needs over a 20-year planning horizon, water conservation, water service reliability, water recycling, opportunities for water transfers, and adopt a Water Shortage Contingency Plan to outline the water supplier’s response and plan for changes or shortages in water supplies. The City of East Palo Alto adopted its most recent UWMP in June 2021.
Assembly Bill 939
The California Integrated Waste Management Act of 1989, or AB 939, established the Integrated Waste Management Board, required the implementation of integrated waste management plans, and mandated that local jurisdictions divert at least 50 percent of solid waste generated (from 1990 levels), beginning January 1, 2000, and divert at least 75 percent by 2010. Projects that would have an adverse effect on waste diversion goals are required to include waste diversion mitigation measures.
Assembly Bill 341
AB 341 sets forth the requirements of the statewide mandatory commercial recycling program Businesses that generate four or more cubic yards of garbage per week and multi-family dwellings with five or more units in California are required to recycle. AB 341 sets a statewide goal for 75 percent disposal reduction by the year 2020.
Senate Bill 1383
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The bill grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that at least 20 percent of currently disposed edible food is recovered for human consumption by 2025.
Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating utilities and service systems impacts resulting from planned development within the City
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including the following:
Policy Economic Development
3.2 Concurrency. Require that infrastructure be in place or planned and funded prior to approval of new development projects that require such infrastructure, including water availability.
Policy Infrastructure, Services, and Facilities
1.1 NPDES compliance. Ensure compliance with all NPDES requirements for litter control, dumping, pollutants of control, business operations, and new/re- development.
1.2 On-site stormwater management. Encourage development projects to manage stormwater on site to reduce burdens on the City’s stormwater system. Whenever possible, stormwater should be infiltrated, evapotranspirated, reused or treated on-site in other ways that improve stormwater quality and reduce flows into the storm drain system.
1.3 Stormwater infrastructure for new development. Require development projects to pay for their share of new stormwater infrastructure or improvement necessitated by that development.
1.4 Stormwater re-use and recycling. Encourage innovative ways of capturing and reusing stormwater for non-drinking purposes to reduce the use of potable water, including the creation of a recycled water system and installation of purple pipe in private and public projects.
1.8 Stormwater best practices. Encourage the use of best practices in stormwater treatment, retention, and quality and quantity control into flood control efforts, ensuring that flood control measures do not have negative ecological impacts on stormwater runoff.
1.9 Stormwater and flooding. Integrate stormwater management efforts with flood control efforts, seeking synergies and innovative strategies for stormwater treatment to reduce flood risks and volumes.
1.10 Storm Drain Master Plan. Implement the adopted East Palo Alto Storm Drain Master Plan. Seek funding sources to complete the identified capital improvements.
2.2 Water supply infrastructure. Improve infrastructure to ensure the provision of a clean, reliable citywide water supply sufficient to serve existing and planned development.
2.4 Water supply planning and demand offset regulations for new or intensified development. Consider and adopt a water offset ordinance or other policy to reduce the water demand and to ensure adequate water supply exists to meet the needs of new projects or intensified development. Allow the City the right to require a Water Supply Assessment of any development project. The policy will consider the type and size of projects that might be exempt, the water offset ratio, the method for analyzing the projected water demand and methods for offsetting demand, the types of demand reduction/ mitigation implementation options (e.g., onsite or offsite design or building modification), including an in-lieu fee, that will be required, a method for estimating the savings from onsite or offsite efficiency measures, and the appropriate regulatory instruments to enforce, implement, and monitor the offset policy.
2.6 Water infrastructure for new development. Require development projects to pay for
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their share of new water infrastructure or improvements necessitated by that development, including but not limited to water supply, storage, and conservation, and recycled water.
2.7 Municipal water conservation and efficiency. Seek to reduce municipal water use through the following strategies:
• Implement aggressive indoor and outdoor water efficiency measures in all new city developments, substantial rehabs, and remodels.
• Prioritize water efficiency upgrades to existing buildings, such as water efficient fixtures.
• Reduce potable water used for parks, by planting drought-tolerant species and implementing other water saving practices.
2.8 Citywide water conservation and efficiency. Encourage and promote community water conservation and efficiency efforts, including indoor and outdoor efforts that exceed CALGreen requirements.
2.12 Maximizing infiltration. Consider requiring all new development to provide roof catchment systems, irrigated landscaping, and permeable pavements (where feasible), or other means to enhance onsite infiltration of stormwater runoff or landscape irrigation water.
3.2 Sewer infrastructure for new development. Require development projects to pay for their share of new sewer infrastructure or improvements necessitated by that development.
4.2 Waste reduction. Seek to reduce East Palo Alto’s rate of waste disposal per capita, and to increase the diversion rate of recycling and green waste.
4.4 Construction waste. Encourage all construction projects to divert 80% of their construction waste away from landfills, exceeding CALGreen requirements.
5.2 Community benefits. For large-scale projects, negotiate with developers to maximize the potential for acquiring community benefits like new facilities and infrastructure.
8.6 Role of civic buildings. Require civic buildings to be distinctive, beautiful, and architecturally beneficial to the fabric of the City.
8.7 Family-friendly gathering spaces and businesses. Encourage safe and familyfriendly public gathering spaces and private businesses such as community centers, movie theaters, entertainment center and other uses focused on youth and families to locate in the City.
The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies, development standards and guidelines applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating utilities impacts resulting from planned development within the RBD Specific Plan including the following:
Policy Utilities and Public Services
1.1 In coordination with the East Palo Alto Sanitary District (EPASD) and West Bay Sanitary District (WBSD), ensure that development of each parcel includes an adequate sanitary and storm sewer infrastructure to prevent discharge of untreated water to surface waters
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1.2 Work with EPASD to ensure that additional wastewater treatment capacity is available as development occurs under the Specific Plan.
1.3 Work with WBSD to ensure that peak wet weather flows of wastewater do not increase above the present 14.4 million gallons per day (MGD) maximum, despite any increase in development. Encourage WBSD to conduct increased inspection and maintenance of the sanitary sewer system, and repair any points of entry for rainwater. In addition, ensure that new development conforms to C-3 stormwater regulations.
2.1 Prior to developing an increased municipal water supply, conduct a project-level environmental analysis of the environmental effects of obtaining the increased supply. For any proposed new groundwater well, or increase in pumping from existing wells, ensure that the analysis considers, at a minimum, a) land subsidence and exacerbation of existing flood risks; b) salt-water infiltration of the aquifer; c) entrainment of contamination; d) cumulative effects from drawdown of the aquifer; e) impacts from construction of a new treatment facility, including storage reservoirs; and f) installation of additional piping. For any proposed recycled water usage, ensure that the analysis contains, at a minimum, verification that the water quality is adequate and that there would be no adverse health effects from its use.
2.2 Before individual development projects are approved in the Plan Area, require the developer to demonstrate verifiable, enforceable proof that either they have secured new water supplies to serve the new development or that the proposed development will create no net increase in total water demand in East Palo Alto. Ensure that environmental review is carried out for augmentations to the supply from additional groundwater pumping in the Specific Plan area and within a quarter mile radius.
3.1 Ensure that the storm sewer system described in the 2008 Draft Engineering Plan (DEPLAN) for the Ravenswood Business District (RBD), or one that is functionally similar, is built.
3.3 Where feasible, incorporate trash capture devices into storm drain inlets, and the outlet to the detention basin at the end of Runnymede Street.
City of East Palo Alto Urban Water Management Plan
Pursuant to the State Water Code, water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet (approximately 980 million gallons) of water annually must prepare and adopt an urban water management plan (UWMP) and update it every five years. As part of a UWMP, water agencies are required to evaluate and describe their water resource supplies and projected needs over a 20-year planning horizon, water conservation, water service reliability, water recycling, opportunities for water transfers, and a Water Supply Contingency Plan for changes and shortages in water supplies. The City of East Palo Alto adopted its most recent UWMP in June 2021.
The East Palo Alto UWMP was developed based on the growth projections and land use changes included in the Vista 2035 General Plan and based on the Water Supply Assessment prepared in support of the General Plan. The UWMP concluded that the City would have adequate supplies during normal years through 2045. However, under both single- and multiple-dry years beginning in 2025, the City would experience water supply shortages. Additionally, from 2023 through 2025, if the Bay-Delta Plan Amendment is implemented, under single- and multiple dry-years, water supplies
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from SFPUC are expected to be reduced further contributing to additional water supply shortages.97 To address these potential water shortages, the UWMP identifies water conservation measures such as restricting the time and duration of potable water use for irrigation, requiring hotels and motels to limit laundry service to at the end of a guests stay or at the guest’s request, requiring restaurants to only serve water when requested by customers, as well as limiting the number and times of day when agricultural and commercial nursery operations are allowed to use potable water. Additionally, the City could explore extending a recycled water system from Palo Alto Regional Water Quality Control Plant (RWQCP) to the City of East Palo Alto and adopting an emergency ordinance temporarily prohibiting new or expanded water service connections during drought conditions.
Implementation of water conservation measures identified in the UWMP and Water Supply Contingency Plan would ensure adequate water supplies would be available during single- and multiple-dry years.
Existing Conditions
Water Service and Supply
Water service at the project site is provided by the Veola, under contract with the City of East Palo Alto. Water provided by Veolia comes from the SFPUC Hetch Hetchy water supply and distribution system. The Hetch Hetchy Aqueduct carries water from the Tuolumne River watershed in Yosemite National Park to San Francisco and other cities on the peninsula, including East Palo Alto. In addition, the City has acquired permanent water transfers from adjacent municipalities served by the SFPUC Hetch Hetchy water supply, including 1,000,000 gpd from the City of Mountain View in July 2017 and 500,000 gpd from the City of Palo Alto in May 2018.
There is currently no storage within the City of East Palo Alto’s managed water system. The City is reliant upon the SFPUC supply system for the necessary storage equalization, fire flows, and emergency use. According to the City’s 2020 UWMP the water supply from the SFPUC would be capable of meeting water demand in the City through the year 2045, with the demand within the City’s service area expected to exceed projected supplies in single- and multiple-dry years beginning in 2025. The UWMP update projects shortfalls during single- and multiple-dry years.98 The City of East Palo Alto owns and operates one groundwater well located at the intersection of Gloria Way and Bay Road. Use of the well for potable purposes ceased shortly after construction in 1981, due to customer complaints related to elevated concentrations of manganese. The groundwater well is currently used for nonportable purposes (e.g., street cleaning and construction).
The City is in the process of expanding groundwater production to meet and supplement future water demands The City plans to develop its local groundwater supplies by constructing a new water supply well and treatment system (the Pad D Well).
97 The Bay-Delta Plan Amendment requires the release of waters in SFPUC supplies to three San Joaquin River tributaries (the Stanislaus, Merced, and Tuolumne Rivers) and the Bay-Delta, reducing the amount of water available to serve SFPUC customers during single and multiple-dry years. Source: City of East Palo Alto. Final Urban Water Management Plan. June 2021. 98 City of East Palo Alto. Final Urban Water Management Plan. June 2021.
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The project site is served by an eight-inch water line in Pulgas Avenue. Existing water demand from the site is minimal and limited to irrigation of the landscaping along Pulgas Avenue. Thus, for the purpose of this analysis, existing water demand was conservatively assumed to be zero gpd.99 Wastewater Services
Sanitary sewer lines serving the site are owned and maintained by the EPASD. There is an existing 6-inch sanitary sewer main along the Pulgas Avenue project frontage.
Wastewater from the City of East Palo Alto is treated at the RWQCP. The RWQCP provides primary, secondary, and tertiary treatment of wastewater and has the capacity to treat 39 million gallons of wastewater a day. The RWQCP treats an average of 20 million gallons of wastewater per day.100 The RWQCP has a remaining treatment capacity of 19 million gallons of wastewater per day.
The tertiary recycled water facilities have a capacity of 4.5 million gallons per day and currently produce an annual average of 0.6 million gallons per day of recycled water. Recycled water from the RWQCP is available to the Cities of Palo Alto, Los Altos, Los Altos Hills, Stanford University and EPASD.
101
As noted above, there are no structures on the project site, therefore there is no existing wastewater generation.
Storm Drainage
The project site is located in a developed area served by an existing storm drainage system. The approximately one-acre of the project site is partially developed with an approximately 17,940 square foot gravel surface parking lot and an 25,130 square foot undeveloped grass area. For the purpose of this analysis, it is conservatively assumed that the site is composed of 100 percent pervious surfaces.
Storm drainage lines in the project area are owned and maintained by the City of East Palo Alto.
There is a 15-inch storm drain main along the Pulgas Avenue frontage, which serves the project site and leads to a storm drain outfall in San Francisco Bay.
Solid Waste
East Palo Alto is a member of the South Bay Waste Management Authority (SBWMA), a joint powers authority whose other members include Atherton, Belmont, Burlingame, Foster City, Hillsborough, Menlo Park, Redwood City, San Carlos, San Mateo, the West Bay Sanitary District, and San Mateo County.102 The Shoreway Environmental Center (SEC), located at 333 Shoreway Road in San Carlos (approximately 7.6 miles northwest of the project site), serves as a regional solid waste and recycling facility for the receipt, handling, and transfer of solid waste and recyclables collected from the SBWMA service area.
99 California Air Pollution Officers Association (CAPCOA). CalEEMod Appendix D: Default Data Tables. May 2021.
100 Woodard & Curran. Technical Memorandum: Northwest County Recycled Water Strategic Plan. December 30, 2020. https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/recycledwater/2021/tm-6.5_30dec2020.pdf 101 Ibid. 102 City of East Palo Alto. Vista 2035 East Palo Alto General Plan. October 2016.
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The vast majority of solid waste generated in East Palo Alto (as well as other SBWMA member communities) is transported to the Ox Mountain Landfill near Half Moon Bay. The remaining permitted capacity of the landfill is 22,030,078 cubic yards (as of December 31, 2015).103 Based on current waste disposal rates, the estimated closure date for the landfill is 2034.
4.18.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or stormwater drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
2) Have insufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
3) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it does not have adequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
4) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
5) Be noncompliant with federal, state, or local
management and reduction statutes and
regulations related to solid waste?
Future library development would connect to existing utility service lines, as discussed below. 103 CalRecycle. SWIS Facility Detail: Corinda Los Trancos Landfill (Ox Mtn) (41-AA-0002). Accessed May 18, 2022.
Impact UTL-1: The project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. (Less than Significant Impact)
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Water Supply Infrastructure
The proposed project would connect to the eight-inch water main in Pulgas Avenue. The proposed project would have a water demand of approximately 3,361 gallons per day (0.01 acre-feet per day).
104 Connections and any off-site improvements to water supply lines needed would be constructed on-site or within existing street right-of-way, per City standards for construction and sizing. Coordination would be required with existing infrastructure projects, such as the Bay Road Phase II project and improvements identified in the RBD, such as a new 12-inch water pipe in Bay Road. For these reasons, the City’s water supply infrastructure would have capacity to serve a future library development on-site. The project would not result in the relocation or construction of new or expanded water facilities that would cause significant environmental effects. (Less than Significant Impact)
Wastewater Infrastructure
As discussed in Section 4.18.1 above, the project would connect to the existing six-inch sewer main in Pulgas Avenue. Future development of a library on-site would generate an increase of approximately 1,042,641 gallons per year of wastewater on-site compared to existing conditions.105 According to the EPASD, sanitary sewer mains in the project vicinity are currently at capacity and need to be replaced in order to adequately serve future development. Information regarding the sewer main improvements required to accommodate demand associated with a future library development on-site is not known at the time of preparation of this Initial Study. Any analysis of potential impacts associated with these improvements at this time would be speculative. Sanitary sewer improvements would be subject to subsequent environmental review pursuant to CEQA to document impacts associated with construction of these improvements and incorporate mitigation measures to avoid or minimize such impacts, if necessary. For these reasons, the proposed property acquisition and future library development would not result in significant environmental effects related to the provision of wastewater infrastructure. (Less than Significant Impact) Storm Drainage Infrastructure
As discussed above, the project site is currently partially developed with an approximately 17,940 square foot gravel surface parking lot and an 25,130 square foot undeveloped grass area. However, for the purpose of this analysis, it is conservatively assumed that the site is composed of 100 percent pervious. Runoff from the project site currently enters the storm drainage system untreated and unimpeded. As discussed in Section 4.10 Hydrology and Water Quality, compared to existing conditions, future library development would increase impervious surfaces on-site and thereby increase stormwater runoff. However, future library development would be required to comply with the City’s Grading Ordinance, prepare a hydrology study that analyzes the flow and sizing of the storm drain system as a part of the grading permit approval process, and ensure that the site is graded to drain properly and does not impact adjacent properties, exceed the municipal stormwater drainage system, or create erosion problems. The project site is located in a developed area of East Palo Alto which has adequate storm drain capacity to accept increased flows from future development under 104 California Air Pollution Officers Association (CAPCOA). CalEEMod Appendix D: Default Data Tables. “Table
9.1 Water Use Rates.” 2021. Library land use sub type. May 2021. Assuming 34,300 sf building, 3,135 sf landscaping.
105 Assumes wastewater is 85 percent of water demand. Water demand 1,226,636 gallons per year x 0.85 = 1,042,641 gallons per year wastewater generation.
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the project. Compliance with existing policies and regulations for the management of surface runoff and erosion would reduce the drainage impact of any proposed development on the site to a less than significant level. For these reasons, the proposed property acquisition and future library development would not require or result in the relocation or construction of new or expanded storm drainage infrastructure. (Less than Significant Impact)
Electric Power, Natural Gas, and Telecommunications Facilities Existing natural gas, electricity, and telecommunications utilities currently serve the project site. No improvements or relocation are proposed for these utilities. Furthermore, as discussed in Section 4.6 Energy, above, the project would comply with the City’s Reach Code and include no natural gas connections or appliances. Therefore, the proposed property acquisition would not result in a significant environmental effect from the construction or relocation of natural gas, electricity, or telecommunication utilities. (Less than Significant Impact) Impact UTL-2: The project would not have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. (Less than Significant Impact with Mitigation Incorporated)
RBD Specific Plan Policy UTIL-2.2 requires individual development projects in the RBD Specific Plan area to demonstrate verifiable, enforceable proof that either they have secured new water supplies to serve the new development or that the proposed development will create no net increase in water demand in East Palo Alto. The proposed property acquisition does not include any direct physical changes to the environment. If the City decides to proceed with the property acquisition, future library development would increase water demand on-site compared to existing conditions. A water supply analysis will be prepared for the project during the design phase to verify adequate water supplies are available at that time to meet the project demand. The following estimate of project-generated water demand and existing supplies is provided for informational purposes.
As noted in Section 4.18.1.2 Existing Conditions, existing water demand at the project site is negligible and limited to irrigation for the landscaping trees and shrubs along the Pulgas Avenue frontage. Therefore, for the purposes of this analysis, it is conservatively assumed to be zero. Water demand associated with development of a library on-site is estimated to be 1,226,636 gallons per year (3.76 acre-feet per year).
106
In June 2021, the City adopted an updated Urban Water Management Plan which includes water supply and demand estimates for the City of East Palo Alto through the year 2045. These estimates are summarized in Table 4.18-1 below.
106 California Air Pollution Officers Association (CAPCOA). CalEEMod Appendix D: Default Data Tables. “Table
9.1 Water Use Rates.” 2021. Library land use sub type. May 2021. Assuming 34,300 sf building, 3,135 sf landscaping.
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Table 4.18-1: Estimated Water Supply and Demand (acre feet per year) 2025 2030 2035 2040 2045
Normal Year
Supply 1,271 1,271 1,271 1,271 1,271
Demand 692 721 779 927 1,078
Difference 578 578 549 492 193
Single Dry Year
Supply 445 463 492 583 583
Demand 692 721 779 927 1,078
Difference (248) (258) (287) (344) (495)
Multiple Dry Years
1st Year Supply 445 463 492 583 583
1st Year Demand 692 721 779 927 1,078
Difference (248) (258) (287) (344) (495)
2nd Year Supply 383 397 423 503 583
2nd Year Demand 692 721 779 927 1,078
Difference (310) (324) (356) (424) (495)
3rd Year Supply 383 397 423 503 583
3rd Year Demand 692 721 779 927 1,078
Difference (310) (324) (356) (424) (495)
4th Year Supply 383 397 423 445 496
4th Year Demand 692 721 779 927 1,078
Difference (310) (324) (356) (482) (582)
5th Year Supply 383 397 390 445 496
5th Year Demand 692 721 779 927 1,078
Difference (310) (324) (389) (482) (582)
Source: City of East Palo Alto. 2020 Urban Water Management Plan. June 2021.
As shown in Table 4.18-1, the City has sufficient water supplies to meet existing and planned development during normal years through 2045. Since adoption of the Urban Water Management Plan, one project (JobTrain Office project) was approved which has a water demand of 6.41 acre-feet per year. Thus, the City has sufficient water supplies to meet additional demand generated by the proposed project and approved development during normal years through 2045 and additional supplies, as well as conservation measures to reduce demand, would be required to meet the demand of the proposed project under single and multiple dry years.
Impact UTL-2: The City does not have sufficient water supplies available to serve the project
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and reasonably foreseeable future development during single-dry and multiple-dry years in 2025 and beyond. (Significant Impact)
Mitigation Measure: The following mitigation measures shall be implemented by the proposed project to ensure adequate water supplies are available to serve the project and reduce impacts to a less than significant level.
MM UTL-2.1: To address the discrepancy between the proposed project’s 3.76 acre feet per year of water demand and the available water supply, the City shall secure the additional water supplies needed for the proposed project. To do so, the City shall implement one of the following programs to supply a minimum of 3.76 acre feet per year:
• Groundwater Opportunities. The City is addressing the supply shortfall by developing new groundwater well and treatment facility at Pad D. This project is expected to produce 32.85-acre feet per year. Implementation of this measure alone would provide sufficient water supplies to serve the proposed project.
• Transfer and Exchange Opportunities. The City’s agreement with SFPUC allows for the transfer or exchange of unused portions of water allocations among contracting agencies within the SFPUC system.
Additionally, the agreement allows for purchase and transfer of water from outside the SFPUC service area through third party transmission systems. The City of East Palo Alto is seeking other opportunities for water supply transfers. However, no specific agreements are currently being negotiated by the City.
With implementation of these programs, total projected water supplies available during normal, single-dry, and multiple-dry years through 2045 would meet the projected water demand associated with the proposed project, in addition to the City’s existing and planned developments.
Mitigation Measure UTL-2.1 would require the City to implement programs to offset potable supply with recycled water, thereby making potable water supplies available for the demands of the proposed project. The City would be required to demonstrate that sufficient water supplies have been secured prior to issuance of occupancy permits for the project. With implementation of this mitigation measure, impacts related to water supply sufficiency would be less than significant. (Less than Significant Impact with Mitigation Incorporated)
Impact UTL-3: The project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. (Less than Significant Impact)
Future library development would increase wastewater generation on-site compared to existing conditions. As noted in Section 4.18.1.2 Existing Conditions, the project site does not currently generate wastewater as there are no existing structures or wastewater generating uses. Wastewater
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generation associated with the potential future library development would be 1,042,641 gallons per year.107
As noted in Section 4.18.1.2, the RWQCP has an excess treatment capacity of 19 million gpd. Thus, increased wastewater generation resulting from future library development would represent less than one percent of the available wastewater treatment capacity, and the project would be adequately served by the existing facilities. Therefore, the project would have a less than significant impact related to provision of wastewater treatment service for the project site. (Less than Significant Impact)
Future library development on-site would result in solid waste generation during construction and operations. During project construction, 80 percent of construction waste would be diverted away from landfills in accordance with General Plan policy ISF-4.4 Construction Waste and CALGreen requirements. During operations, the library would generate approximately 43.8 tons of solid waste per year.
108
The Ox Mountain Landfill has an agreement with San Mateo County to provide disposal capacity for development within East Palo Alto. The Ox Mountain Landfill has sufficient capacity to accommodate waste materials from East Palo Alto through the year 2034 and increased recycling throughout the City would extend the useful life of the landfill. Therefore, no new landfill facilities would be needed to serve the proposed project. Furthermore, the project would be required to comply with AB 939, AB 341, and SB 1383 statewide goal to reduce the statewide disposal of organic waste by 75 percent by 2025. For these reasons, the project and future library development would not generate solid waste in excess of state standards or in excess of the capacity of local infrastructure. (Less than Significant Impact)
107 Assumes wastewater is 85 percent of water demand. Water demand 1,226,636 gallons per year x 0.85 = 1,042,641 gallons per year wastewater generation. 108 Proposed project waste generation assumes 0.007 lbs per square foot per day x 34,300 square feet = 240 lbs per day or 0.12 tons per day. 0.12 tons per day x 365 – 43.8 tons per year. Source: CalRecycle. “Estimated Solid Waste Generation Rates.” Accessed January 3, 2023. https://www2.calrecycle.ca.gov/wastecharacterization/general/rates Impact UTL-4: The project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. (Less than Significant Impact)
Impact UTL-5: The project would not be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste. (Less than Significant Impact)
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MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
1) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or
wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal, or eliminate
important examples of the major periods of
California history or prehistory?
2) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
3) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
As discussed in the individual resources sections of this Initial Study, the proposed project would not degrade the quality of the environment with the implementation of identified standard conditions of approval and mitigation measures. The project would implement mitigation measures MM BIO-1.1 through MM BIO-1.4 (see Section 4.4 Biological Resources) to reduce potential disturbance to nesting birds and raptors and mitigation measures MM CUL-1.1 and CUL-2.1 to reduce potential impacts to archaeological resources and human remains to a less than significant level (see Section
4.5 Cultural Resources). (Less than Significant Impact with Mitigation Measures Incorporated) Impact MFS-1: The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. (Less than Significant Impact with Mitigation Measures Incorporated)
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Impact MFS-2: The project does not have impacts that are individually limited, but cumulatively considerable. (Less than Significant Impact) Under Section 15065(a)(3) of the CEQA Guidelines, a lead agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has potential environmental effects “that are individually limited, but cumulatively considerable.” As defined in Section 15065(a)(3) of the CEQA Guidelines, cumulatively considerable means “that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” In addition, under Section 15152(f) of the CEQA Guidelines, where a lead agency has determined that a cumulative effect has been adequately addressed in a prior EIR, the effect is not treated as significant for purposes of later environmental review and need not be discussed in detail.
Resource Areas not Impacted by the Project
Future library development would occur in a developed area of East Palo Alto and would not impact agricultural, forestry, mineral resources, or wildfires. Therefore, the future library development would not contribute to cumulative impacts to these resources.
Cumulative Air Quality Impacts
By its nature, air pollution is largely a cumulative impact. The geographic area for cumulative air quality impacts is the San Francisco Bay Area Air Basin. By its nature, air pollution is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. The project would emit criteria air pollutants and contribute to the overall regional emissions of these pollutants. The project-level BAAQMD thresholds identified in Sections 4.3, are the basis for determining whether a project’s individual impact is cumulatively considerable. For this reason, the project would have a less than significant cumulative impact on criteria air pollutant emissions. Therefore, the project’s incremental contribution to regional air quality impacts would not be cumulatively considerable, resulting in a less than significant cumulative impact.
As discussed in Section 4.3, community health risk impacts from toxic air contaminants (TACs) associated with construction of the future library development cannot be modeled given the current level of project details precludes modeling, but project TACs emissions have the potential to be significant, and therefore, the project includes mitigation measure MM AQ-1.1 to ensure TAC impacts are reduced to a less than significant level. The health risk assessment during future projectlevel environmental review will analyze the individual and cumulative health risk levels, considering other TACs sources within 1,000 feet, consistent with BAAQMD methodology, and identify measures needed to ensure health risk won’t exceed applicable individual and cumulative thresholds.
Therefore, the proposed property acquisition and future library development would not result in a cumulatively considerable contribution to a significant cumulative health risk from TAC emissions.
Cumulative Aesthetics Impacts
The geographic area of cumulative aesthetics impacts is the project vicinity. Future cumulative
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projects in the project vicinity could result in a significant cumulative aesthetics impacts; however, they would be reviewed for compatibility with the general character of the surrounding area as part of the City’s architectural and/or environmental review processes. Specifically, cumulative projects would be required to complete a viewshed analysis consistent with RBD Specific Plan Policy LU-4.4 to reduce impacts to public view corridors and be reviewed for consistency with RBD Specific Plan design standards and guidelines to avoid conflicts with existing City policies and regulations governing scenic quality. Additionally, future cumulative projects would be required to comply with Municipal Code Section 18.22.050 which limits the average maintained lighting levels for land uses to avoid lighting impacts. Through appropriate site design and review of these urban projects, impacts due to conflicts with applicable plans and policies would be avoided.
As discussed in Section 4.2, the project site is located in a developed urban area with existing sources of light and is not located within a public view corridor or along a state designated scenic highway.
The project would not result in a significant impact to scenic vistas, scenic resources, or result in a substantial increase in light and glare. For these reasons, the proposed project, in combination with cumulative projects, would not result in a significant cumulative aesthetics impacts. (Less than Significant Cumulative Impact)
Cumulative Greenhouse Gas Emissions and Energy Impacts
The proposed project, past, present, and future development projects worldwide contribute to global climate change. No single project is sufficient in size to, by itself, change the global average temperature. Therefore, due to the nature of GHG impacts, a significant project impact is a significant cumulative impact. As discussed in Section 4.8, the future library development on the site would be designed to conform with energy, transportation, water conservation, and waste reduction policies and regulations of the City of East Palo Alto, including the Climate Action Plan in effect at the time of project design development. Therefore, the project would, not result in a significant GHG impact. For these reasons, the project would not result in a cumulatively considerable contribution to a significant cumulative GHG impact.
The geographic area for cumulative energy impacts is the State of California. Past, present, and future development projects contribute to the state’s energy impacts. If a project is determined to have a significant energy impact, it is concluded that the impact is cumulatively considerable. The project would not result in significant energy impacts or conflict with or obstruct a state or local plan for energy efficiency. The project, therefore, would not have a cumulatively considerable contribution to a significant cumulative energy impact.
Cumulative Biological Resources Impacts
The geographic area for cumulative impacts to trees includes the project site and adjacent parcels.
Future cumulative projects on adjacent parcels could result in the removal of trees; however, as noted in Section 4.4, the proposed project and cumulative projects would be required to conform to the tree replacement requirements as identified in the East Palo Alto Tree Preservation and Management Regulations (Municipal Code Section 18.28.040) which would reduce impacts associated with tree removal to a less than significant level. For these reasons, the project would not have a cumulative impact due tree removal. (Less than Significant Cumulative Impact)
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The geographic area for cumulative impacts to sensitive habitats such as wetland, riparian habitats, and serpentine habitats, and special-status species would be San Mateo County. The project would have no impact on riparian, wetland habitats or special-status species and, therefore, would not combine impacts to these habitats with other projects elsewhere. (No Cumulative Impact) The project site is not located within an adopted Habitat Conservation Plan; therefore, the project would not have a cumulative impact due to a conflict with an adopted Habitat Conservation Plan. (No Cumulative Impact)
The geographic area for cumulative impacts to migratory wildlife would be San Mateo County.
Construction of projects throughout the County, including the proposed project, could result in a significant cumulative impact on nesting birds. Each project is subject to federal, state, and local regulations (including the MBTA, Fish and Game Code, and CEQA), which would avoid and/or minimize impacts to nesting birds. The project, with the implementation of mitigation measure MM BIO-1.1 would comply with the MBTA and Fish and Game Code, would not result in a cumulatively considerable contribution to a significant cumulative impact to nesting birds. (Less than Significant Cumulative Impact)
Cumulative Noise Impacts
The geographic area for cumulative noise impacts is approximately 1,000 feet radius from the site, given noise generated at locations beyond 1,000 feet are unlikely to combine with noise from the project to affect common receptors. The timing of construction of the proposed library relative to other pending or approved development projects in the vicinity (1,000 feet), which could contribute to noise impacts is unknown. However, the project construction would be subject to a series of noise controls as detailed in Section 4.12 and it is reasonable to assume other pending or approved projects would also be subject to noise controls to minimize their construction noise impacts, as is common practice as each project is evaluated under CEQA for its construction noise impacts. (Less than Significant Cumulative Impact)
Operation of a future library on-site would result in noise from operational rooftop mechanical equipment, truck loading, and parking lot activity. However, implementation of mitigation measure MM NOI-2.1 would reduce the project’s operational noise impacts to a less than significant level and the project’s contribution to cumulative noise impacts would not be cumulatively considerable. (Less than Significant Cumulative Impact)
A significant cumulative traffic noise impact would occur if two criteria are met: 1) the cumulative traffic noise level increase was three dBA CNEL or greater for future levels exceeding 65 dBA CNEL or was five CNEL or greater for future levels at or below 65 dBA CNEL; and 2) the project would make a “cumulatively considerable” contribution to the overall traffic noise increase. A “cumulatively considerable” contribution would be defined as an increase of one dBA CNEL or more attributable solely to the proposed project.
Cumulative traffic volumes and traffic noise from buildout of the RBD Specific Plan area were previously analyzed in the RBD Specific Plan EIR. Traffic noise increases of less than one to five
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dBA were predicted for roadways throughout the RBD Specific Plan area. 109 However, this
cumulative traffic noise increase would be reduced to a less than significant level (less than one to by two to three dBA increase) with implementation of Specific Plan Policy TRA-2.4 which requires the use of “quieter” paving types along Bay Road, Pulgas Avenue, and Weeks Street in the Specific Plan area. As discussed in Section 4.16, future development of a library on-site would meet the definition of a community serving use and result in a less than significant VMT impact. Therefore, the project’s contribution to cumulative traffic noise impacts in the project area would not be cumulatively considerable. (Less than Cumulatively Considerable Impact) Cumulative Cultural Resources, Tribal Cultural Resources, and Geology Impacts The project would have no impact on historic resources, and therefore, would not combine impacts to these resources with other projects or contribute to any cumulative impacts to these resources. (No Cumulative Impact)
The geographic area for archaeological resources, human remains, and tribal cultural resources is the project site and parcels in the project area with similar resources. Cumulative projects would be subject to State law requiring halting of construction activities if archaeological resources (including those of Native American origins), tribal cultural resources, and/or human remains are discovered.
Accordingly, with implementation of the mitigation measures identified in this Initial Study, construction-level impacts would be mitigated to a less than significant level and would not be considered cumulatively considerable. Therefore, the project would not contribute to a significant cumulative impact on archaeological resources, tribal cultural resources, or human remains. (Less than Significant Cumulative Impact with Mitigation Incorporated) The geographic area for cumulative geological impacts would be locations adjacent to the site. As discussed in Section 4.7, the project would not result in substantial adverse effects related to seismic ground shaking, soil erosion, unstable soils, expansive soils, or septic tanks. As discussed in Section 4/7, the subject site and surrounding area are not subject to significant geologic hazards. With implementation of Mitigation Measure MM GEO-6.1, impacts to paleontological resources would be reduced. Therefore, the project would not have a cumulatively considerable contribution to a significant cumulative geology and soils impact. (Less than Significant Cumulative Impact) Cumulative Hazards and Hazardous Materials Impacts
The geographic area for hazards and hazardous materials impacts is the project site and adjacent parcels. The project site is located within the Ravenswood Industrial Area, a designated redevelopment area in the City of East Palo Alto subject to Site Cleanup Requirements Orders issued by the San Francisco Bay Regional Water Quality Control Board (Waterboard). As discussed in Section 4.9, with implementation of Mitigation Measure MM HAZ-1.1 through 1.3, the project would not result in significant hazards and hazardous materials impacts. Additionally, given the regulatory oversight of the Ravenswood Industrial Area, cumulative projects would be subject to Waterboard review and mitigation measures to address on-site contamination. Therefore, the project, 109 5 DBA increase in existing noise levels with implementation of the adopted RBD Specific Plan assumes existing noise levels with airplane overflight. Source: City of East Palo Alto. Ravenswood/Four Corners TOD Specific Plan Draft EIR. SCH#2011052006. January 16, 2012. Page 4.11-37.
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in combination with cumulative projects in the area, would not result in a cumulative hazardous materials impact. (Less than Significant Cumulative Impact with Mitigation Incorporated) Cumulative Hydrology Impacts
The geographic area for cumulative hydrology and water quality impacts is the San Francisquito Creek watershed. Cumulative developments within the watershed would have similar hydrological and stormwater runoff conditions. All projects occurring within East Palo Alto would be required to implement the same standard measures/best management practices related to construction water quality as the proposed project. In addition, all cumulative projects that would disturb more than one acre of soil or replace/add at least 10,000 square feet of impervious surfaces would be required to meet applicable San Francisco RWQCB requirements and the City’s SWCP requirements on a project-specific basis. For these reasons, the cumulative projects, including the proposed project, would not result in significant cumulative hydrology or water quality impacts. (Less than Significant Cumulative Impact)
Cumulative Land Use Impacts
The geographic area for cumulative land use impacts is the RBD Specific Plan area. Cumulative projects would generally consist of development of undeveloped and redevelopment of previously developed sites. Development of a number of these sites could result in a change in use and/or intensification of development.
The compatibility of new development with adjacent land uses is considered as a part of the City’s architectural and environmental review processes. Through appropriate site design and review of these projects, impacts due to conflicts with applicable plans and policies would be avoided.
Additionally, future projects, including future library development on the project site would be subject to General Plan and Specific Plan goals, policies, and actions that require appropriate buffers, edges, and transition areas between conflicting land uses. In addition, the setback, design, and operational requirements of the East Palo Alto Municipal Code and RBD Specific Plan would minimize land use impacts. The project, in conformance with the applicable General Plan and Specific Plan goals, policies, and actions and with implementation of mitigation measures, would minimize land use impacts. For these reasons, the proposed project, in combination with the other cumulative projects, would not result in significant land use impacts. (Less than Significant Cumulative Impact)
Cumulative Population and Housing Impacts
The geographic area for cumulative population and housing impacts is the City of East Palo Alto. As discussed in Section 4.13, the proposed project and future development of a library on-site would not increase the number of housing units or population in East Palo Alto; however, it would increase the number of jobs. The new jobs generated by the proposed property acquisition have been accounted for in the growth assumptions of the General Plan (11,650 total jobs within the City by 2040).110 Thus, any indirect population growth resulting from implementation of the library would not be substantial or unplanned. For these reasons, the jobs added by the project would not make a 110 City of East Palo Alto. East Palo Alto General Plan Update Draft EIR. Page 4.7-15
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cumulatively considerable contribution to a worsening of the jobs/housing imbalance. (Less than Significant Cumulative Impact)
Cumulative Public Services and Recreation
The geographic area for cumulative public services impacts is the City of East Palo Alto.
Development in the project area would increase demand on fire and police protection services, schools, and recreational facilities. All cumulative projects would be subject to state, county, and City policies and regulations associated with public services within East Palo Alto (such as payment of in-lieu park fees). The library project would not generate additional school age children, nor would the project produce additional residents who would use recreational facilities. Usage of these facilities by future library employees and patrons would not be substantial and would therefore, not result in a cumulatively considerable impact on public services and recreation. (Less than Significant Cumulatively Considerable Impact)
Cumulative Transportation Impacts
The geographic area for cumulative traffic impacts is the City of East Palo Alto. Since the project is the acquisition of property for future development of a library, the project would meet the definition of a community serving use and result in a less than significant VMT impact. Therefore, the project would result in a less than significant contribution to a cumulatively significant Citywide VMT impact. (Less than Significant Contribution to a Significant Cumulatively Considerable Impact) Cumulative Utility and Service Systems Impacts
The geographic area for cumulative water supply impacts is the City of East Palo Alto service area.
The City of East Palo Alto is responsible for supplying potable water to all residential, commercial, and industrial uses and for supplying firewater for fire protection within the service area. Cumulative development includes past, present, and future development projects in the East Palo Alto service area.
Cumulative development within the City of East Palo Alto service area will contribute to an increase in water demand. As shown in Table 4.18-1, by 2045 total demand within the City is estimated to be 1,078 acre feet per year, an increase of 386 acre feet per year from 2025 demands. As discussed in Section 4.19, Utilities and Service Systems, the City does have sufficient supplies to meet demand from projected growth and the proposed project during normal years; however, it would not have sufficient water supplies to meet demand from projected growth and the proposed project during single-dry and multiple-dry years in 2025 and beyond. This represents a significant cumulative impact. However, with implementation of conservation measures and mitigation measure MM UTL1.1, overall potable water demand within the City would be reduced and supply would be adequate to meet the projected demand, resulting in a less than significant cumulative impact. (Less than Cumulatively Considerable Contribution to a Significant Cumulative Impact)
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Impact MFS-3: The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. (Less than Significant Impact)
Under this standard, a change to the physical environmental that might otherwise by minor must be treated as significant if it would cause substantial adverse effects to humans, either directly or indirectly. This factor relates to adverse changes to the environment of human beings generally, and not effects on particular individuals.
The potential for future library development to result in changes to the environment that could directly or indirectly affect human beings is evaluated to a level of specificity corresponding to the level of detail in the project plans and included in each section of this Initial Study using the CEQA Checklist. As discussed in detail in Section 4.9 Hazardous Materials, the project would implement mitigation measure MM HAZ-2.1 to reduce impacts from exposure of construction workers to onsite soil contamination during excavation and grading activities. This mitigation measure would reduce all project-related impacts to a less than significant level. Additionally, due to the limited construction and operational information available, community health risk and noise and vibration impacts associated with construction and operation of future library development on-site would be evaluated during project-level environmental review pursuant to CEQA. For these reasons, the proposed property acquisition would have a less than significant effect and would not cause substantial adverse effects on human beings. (Less than Significant Impacts)
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SECTION 5.0 REFERENCES
The analysis in this Initial Study is based on the professional judgement and expertise of the environmental specialists preparing this document, based upon review of the site, surrounding conditions, site plans, and the following references:
Association of Bay Area Governments and Metropolitan Transportation Commission. “Project Mapper.” http://projectmapper.planbayarea.org/.
Association of Bay Area Governments. “Plan Bay Area Projections 2040.” Accessed December 1, 2020. http://projections.planbayarea.org/data
BAAQMD, Meteorology and Measurement Division. 2017 Air Monitoring Plan. July 1, 2018. Accessed May 17, 2022. http://www.baaqmd.gov/~/media/files/technicalservices/2017_network_plan_20180701-pdf.pdf?la=en.
BAAQMD. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-and-climate/airquality-plans/current-plans.
BKF Engineers, Surveyors, Planners. Memorandum, 2535 Pulgas Avenue – Flood Displacement Memorandum. November 23, 2020.
California Air Pollution Officers Association (CAPCOA). CalEEMod Appendix D: Default Data Tables.
May 2021.
California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed May 6, 2022. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health.
California Air Resources Board. “The Advanced Clean Cars Program.” Accessed April 6, 2018. https://www.arb.ca.gov/msprog/acc/acc.htm.
California Building Standards Commission. “Welcome to the California Building Standards Commission.” Accessed February 6, 2018. http://www.bsc.ca.gov/.
California Department of Conservation. Accessed August 29, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/
California Department of Finance. E-1 Population Estimates for Cities, Counties, and the State – January 1, 2011 and 2020. April 2020.
California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed January 3, 2020. http://hcd.ca.gov/communitydevelopment/housing-element/index.shtml.
California Department of Forestry and Fire Protection. Santa Clara County FHSZ Map. October 8, 2008.
Accessed January 14, 2022. https://osfm.fire.ca.gov/media/6764/fhszl_map43.pdf
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California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed September 19, 2022.
https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist.
California Department of Transportation. ”Scenic Highways.” Accessed May 17, 2021. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-iscenic-highways.
California Energy Commission (CEC). “2016 Building Energy Efficiency Standards.” Accessed February 6, 2018. http://www.energy.ca.gov/title24/2016standards/index.html.
California Energy Commission. “Natural Gas Consumption by County.” Accessed July 5, 2022. http://ecdms.energy.ca.gov/gasbycounty.aspx.
California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed July 5, 2022. http://ecdms.energy.ca.gov/elecbycounty.aspx.
California Environmental Protection Agency. “Cortese List Data Resources.” Accessed September 16, 2022. https://calepa.ca.gov/sitecleanup/corteselist/.
California Gas and Electric Utilities. 2020 California Gas Report. Accessed August 2, 2021.
California Geologic Survey. Earthquake Zones of Required Investigation, 2474 Pulgas Avenue, East Palo Alto,
California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” March 14, 2006.
California State Water Resources Control Board. Geotracker Database. Accessed September 15, 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=2474+pulgas+avenue+ east+palo+alto
California State Water Resources Control Board. Geotracker Database. Accessed September 15, 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=2474+pulgas+avenue+ east+palo+alto
CalRecycle. SWIS Facility Detail: Corinda Los Trancos Landfill (Ox Mtn) (41-AA-0002). Accessed May 18, 2022.
Cody Campagne, Cultural Resources Analyst, Native American Heritage Commission. Personal Communication. October 14, 2022.
City of East Palo Alto. “City Parks.” Accessed January 7, 2021. Available at:
https://www.cityofepa.org/parksrec.
City of East Palo Alto. “Parks, Open Space & City Facilities.” Accessed May 26, 2022. https://www.cityofepa.org/parksrec.
City of East Palo Alto. City of East Palo Alto Historic Resources Inventory Report. February 1994.
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City of East Palo Alto February 2023
City of East Palo Alto. East Palo Alto General Plan Update Draft EIR. April 2016.
City of East Palo Alto. Emergency Operations Plan. January 2011.
City of East Palo Alto. Final Urban Water Management Plan. June 2021.
City of East Palo Alto. Vista 2035 East Palo Alto General Plan. October 2016.
Cornerstone Earth Group. Preliminary Geotechnical Investigation, East Palo Alto Library 2474 Pulgas Avenue, East Palo Alto, California. July 15, 2022.
Cornerstone Earth Group. Soil and Soil Vapor Sampling Services Proposed Public Library Assessor Number 063-240-490 Pulgas Avenue East Palo Alto, CA. July 25, 2022.
County of Santa Clara. Comprehensive Land Use Plan Santa Clara County, Palo Alto Airport. November 19, 2008, Amended November 16, 2016.
East Palo Alto. Municipal Code Section 15.04.125. Last amended August 9, 2021.
Federal Emergency Management Agency. Flood Rate Insurance Map 06081C0307F. April 5, 2019.
Federal Emergency Management Agency. Flood Rate Insurance Map 06081C0307F. April 5, 2019. https://www.socalgas.com/sites/default/files/2020-
10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf.
Menlo Park Fire District. “About the Fire District.” Accessed May 26, 2022. https://www.menlofire.org/about-the-fire-district.
Metropolitan Transportation Commission and Association of Bay Area Governments. Plan Bay Area 2040 Draft Environmental Impact Report. April 2017.
National Aeronautics and Space Administration. More on Brightness as a Function of Distance. May 5, 2016.
https://imagine.gsfc.nasa.gov/features/yba/M31_velocity/lightcurve/more.html#:~:text=The%20i ntensity%20or%2
Public views are those that are experienced from publicly accessible vantage points.
San Francisco Bay Trail. Bay Trail Plan. Accessed May 26, 2022. https://mtc.ca.gov/operations/regionaltrails-parks/san-francisco-bay-trail/about-bay-trail.
San Francisco Regional Water Quality Control Board. “The 303(d) List of Impaired Water Bodies.” Accessed June 21, 2022.
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/303dlist.html.
San Jose Mercury News. “Menlo Park: Fire district on track to replace seven stations in 10 years.” Accessed May 26, 2022. Available at: https://www.mercurynews.com/2016/03/16/menlo-parkfire-district-on-track-to-replace-seven-stations-in-10-years/.
San Mateo County Libraries. “East Palo Alto.” Accessed May 26, 2022. https://smcl.org/locations/1E/.
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San Mateo Countywide Water Pollution Prevention Program. HM Control Map. March 2009.
Santa Clara County Airport Land Use Commission. Palo Alto Airport – Comprehensive Land Use Plan.
Amended November 2016.
Sequoia Union High School. “Schools”. Accessed May 27, 2022. https://www.seq.org/SCHOOLS/index.html.
State of California Seismic Hazard Zones. Palo Alto Quadrangle. October 18, 2006. Available at:
http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/PALO_ALTO_EZRIM.pdf. Accessed January 2, 2020
City of East Palo Alto. Final Urban Water Management Plan. June 2021.
U.S. Department of Transportation, Office of Planning and Environment. Transit Noise and Vibration Impact Assessment Manual. September 2018.
United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed August 29, 2022.
United States Department of Energy. Energy Independence & Security Act of 2007. Accessed May 13, 2022. http://www.afdc.energy.gov/laws/eisa.
United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed April 15, 2021. https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf.
United States Department of Transportation. USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026.” Accessed May 13, 2022. https://www.nhtsa.gov/pressreleases/usdot-announces-new-vehicle-fuel-economy-standards-model-year-2024-2026 United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed July 5, 2022. https://www.eia.gov/state/?sid=CA#tabs-2.
United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed July 2, 2022. https://www.eia.gov/state/?sid=CA#tabs-2.
United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed July 5, 2022. https://www.eia.gov/state/?sid=CA#tabs-2.
United States Environmental Protection Agency. “The 2021 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” November 2021.
Woodard & Curran. Technical Memorandum: Northwest County Recycled Water Strategic Plan.
December 30, 2020. https://www.cityofpaloalto.org/files/assets/public/public-works/waterquality-control-plant/recycled-water/2021/tm-6.5_30dec2020.pdf
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SECTION 6.0 LEAD AGENCY AND CONSULTANTS
LEAD AGENCY
City of East Palo Alto
Community and Economic Development Department
Patrick Heisinger, Interim City Manager
Amy Chen, Community and Economic Development Director
Elena Lee, Planning Manager
CONSULTANTS
David J. Powers & Associates, Inc.
Environmental Consultants and Planners
Akoni Danielsen, Principal Project Manager
Carolyn Mogollon, Project Manager
Ryan Osako, Graphic Artist
Cornerstone Earth Group
Geologist and Hazardous Materials Consultants
Kurt Soenen, Senior Principal Engineer
Maura F. Ruffatto, Senior Project Engineer
Stason Foster, Senior Project Engineer
Michael Chang, Project Engineer
Stephen Ohlsen, Project Engineer
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ACRONYMS AND ABBREVIATIONS
2017 CAP Bay Area 2017 Clean Air Plan
Asml Above mean sea level
ARA Archaeological Resource Assessment
ACM Asbestos containing materials
AB Assembly Bill
ABAG Association of Bay Area Governments
ADT Average daily traffic
BAAQMD Bay Area Air Quality Management District
Basin Plan Water Quality Control Plan for the San Francisco Bay Basin BCDC Bay Conservation and Development Commission
Btu British thermal units
CalARP California Accidental Release Prevention
CalOSHA
California Department of Industrial Relations, Division of Occupational Safety and Health
Caltrans California Department of Transportation
CalEPA California Environmental Protection Agency
CAP Climate Action Plan
CAPCOA California Air Pollution Officers Association
CARB California Air Resources Board
CBC California Building Code
C/CAG City/County Association of Governments of San Mateo County CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CFCs Chlorofluorocarbons
CGS California Geological Survey
CH4 Methane
CHRIS California Historical Resources Information System CLUP Comprehensive Land Use Plan
CMP Congestion Management Program
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CO Carbon monoxide
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CO2 Carbon dioxide
CO2e CO2 equivalents
CPTED Crime prevention through environmental design
CRHR California Register of Historic Resources
CUPA Certified Unified Program Agency
DNL Day-Night Level
DTSC Department of Toxic Substances Control
DRC Development Review Committee
EIR Environmental Impact Report
EPAPD East Palo Alto Police Department
EPASD East Palo Alto Sanitary District
EOP Emergency Operations Plan
FAA Federal Aviation Administration
FAR Part 77 Federal Aviation Regulations, Part 77 Objects Affecting Navigable Airspace FEMA Federal Emergency Management Agency
FIRMs Flood Insurance Rate Maps
FTA Federal Transit Administration
GHG Greenhouse Gas Emissions
GWP Global warming potential
HMP Hazard Mitigation Plan
HFCs Hydrofluorocarbons
LOS Level of service
LID Low impact development
MBTA Migratory Bird Treaty Act
MMTCO2e Million metric tons of CO2e
MND Mitigated Negative Declaration
MPFPD Menlo Park Fire Protection Department
Mpg Miles per gallon
MRP Municipal Regional Permit
MTC Metropolitan Transportation Commission
NAHC Native American Heritage Commission
NFIP National Food Insurance Program
NHPA National Historic Preservation Act of 1966
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NO2 Nitrogen Dioxide
NOx Nitrogen oxide
N2O Nitruous oxide
NOD Notice of Determination
NOI Notice of Intent
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
O3 Ground-level ozone
OPR Office of Planning and Research
OITC Outdoor-Indoor Transmission Class
PDAs Priority Development Areas
PFCs Perfluorocarbons
PM2.5 Fine Particulate Matter
PM10 Course Particulate Matter
PPV Peak Particle Velocity
R&D Research and Development
RBD Specific
Plan EIR Ravenswood/4 Corners Transit Oriented Development Specific Plan EIR REC Ravenswood Employment Center
RHNA Regional Housing Needs Allocation
ROG Reactive organic gases
RWQCB Regional Water Quality Control Board
SBWMA South Bay Waste Management Authority
SCS Sustainable Communities Strategy
SEC Shoreway Environmental Center
SF6 Sulfur hexafluoride
SFHAs Special Flood Hazard Areas
SHMA Seismic Hazards Mapping Act
SOx Sulfur oxides
STC Sound Transmission Class
SWRCB State Water Resources Control Board
SWPPP Storm Water Pollution Prevention Plan
TAC Toxic Air Contaminants
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TCR Tribal Cultural Resources
TDM Transportation Demand Management
Title 24 California Code of Regulations
TMDL Total maximum daily loads
TOD Transportation
-oriented development
TSM Transportation System Management
USACE United States Army Corps of Engineers
USEPA United States Environmental Protection Agency
USFWS United States Fish and Wildlife Service
UWMP Urban Water Management Plan
VMT Vehicle miles traveled
V/C Volume
-to-capacity
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EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: John D. Le, City Attorney
BY: John D. Le, City Attorney
SUBJECT: Local Gun Control Ordinance
Recommendation
Introduce an ordinance amending various Articles of Chapter 9.24 (Dangerous Weapons) and adding a new Article V (Firearms Storage) of the East Palo Alto Municipal Code (EPAMC) requiring gun owners within the City’s jurisdictional limits to provide safe firearm storage.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On January 24, 2023, the City Council received a request that the City of East Palo Alto (City) adopt a “Safe Storage Ordinance”. Additionally, staff is aware the California Legislature has commenced drafting a bill (SB 8) that would require gun owners to procure insurance, which is based on a local ordinance adopted by San José’s City Council. This agenda report recommends that the Council adopt a safe storage ordinance and receive staff’s report concerning possible adoption of a local ordinance concerning insurance requirements for gun owners.
Analysis
Safe Storage Ordinance
At the outset, the Council should be aware that state law currently already requires safe storage pursuant to SB 172 (Stats. 2019, Ch. 840). The bill requires firearms, loaded or unloaded, to be safely stored when the owner is outside of their residence. A violation of SB 172 is a misdemeanor and may carry a 10-year firearms prohibition. Adoption of a local ordinance would provide for additional penalties and enforcement.
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Safe Storage Ordinances are fairly common. Various cities in the Bay Area have adopted them, including Alameda, Belmont, Burlingame, Campbell, Colma, Emeryville, Foster City, Hillsborough, Millbrae, Pleasant Hill, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, San Francisco, and South San Francisco.
The City Attorney’s Office has evaluated a safe storage ordinance and this analysis takes into consideration constitutional limits. By way of background, cities are authorized to enact gun control ordinances that do not conflict with and are not preempted by federal and state law.
While the U.S. Supreme Court held in D.C. v. Heller, 554 U.S. 570 (2008) and McDonald v.
City of Chicago, Ill., 561 U.S. 742, 786 (2010) that the Second Amendment protects the right to use firearms for self-defense, courts have since generally upheld the police power of states and municipalities to regulate firearms and ammunition. The California State Legislature has enacted numerous firearm safety laws, but additional options for regulation remain available to cities.
If adopted, the safe storage ordinance would require firearm owners to maintain the firearms in their residence either in a locked container or disabled with a trigger lock. This requirement helps reduce the risk of firearms-related suicides and accidental shootings. In addition, it would reduce the risk of theft of such firearms during home invasions. The proposed ordinance still allows for firearms to be used for protection within the home, in accordance with U.S. Supreme Court decisions interpreting the Second Amendment, by waiving the locked or disabled requirements when firearms are otherwise lawfully carried on the person. Notably, the proposed safe storage requirements are similar to those enacted by the City of San Francisco, which were upheld after being challenged in Jackson v. City and County of San Francisco,746 F.3d 953 (9th Cir. 2014).
To encourage the reporting of lost or stolen firearms and assist law enforcement with finding missing firearms, staff recommends that people who report lost or stolen firearms within 24 hours shall not be subject to criminal prosecution for violation of safe storage requirements.
While California Penal Code § 25250 already requires gun owners to report lost or stolen firearms within five days, staff recommends encouraging quicker reporting of lost or stolen firearms as time is of the essence when tracking missing firearms. The recommendation to encourage reporting lost or stolen firearms is balanced with deterrence efforts by still allowing discretion for administrative citations for safe storage violations.
Finally, the proposed penalties for violations of the safe storage provision include administrative citations and fines, as well as criminal prosecution punishable by fines and/or imprisonment.
San José’s Gun Harm Reduction Ordinance
On February 8, 2022, the San José City Council adopted the “Gun Harm Reduction Ordinance,” the first of its kind in the nation. That local law went into effect early this year on January 1, 2023. The ordinance requires firearm owners to obtain and maintain liability insurance and pay an annual gun harm reduction fee, although the fee is not currently in effect.
More specifically, the ordinance requires San José residents that own or possess a firearm to obtain and continuously maintain a homeowner’s, renter’s or gun liability insurance policy that specifically covers losses or damages resulting from accidental use of the firearm, including but not limited to death, injury, or property damage. Here are additional notable aspects of the
9.2 Packet Pg. 391
local law:
· Insurance limits are not specified; only that insurance must be obtained for all firearms. · The law exempts three categories of gun owners: 1. Designated peace officers, 2.
Owners with a concealed carry permit, and 3. Owners who would experience a financial hardship from having to comply.
· Owners must also sign an “attestation form” which must be kept where the guns are stored.
· Failure to comply (or file an attestation form) could result in a $250.00 citation imposed by the SJPD.
SB 8 (Insurance Requirements)
A new bill (SB 8), modeled after San José’s ordinance, was recently introduced by two senators (Catherine Blakespear, D-Encinitas, and Nancy Skinner, D-Berkeley), and would similarly require gun owners to purchase liability insurance for the negligence or accidental use of their firearms. Although the bill is currently not available for public review, it is expected to be based on a bill introduced by Senator Skinner last term (SB 505)1. New York is also considering a similar bill (SB S4946).
At this time, given that the bill is still under consideration/development and its controversial nature2, staff recommends waiting to see how the legislation plays out at the state level before adopting a local ordinance.
Fiscal Impact
There are no fiscal impacts associated with the proposed action.
Public Notice
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.
Environmental
The proposed action is not a “project” under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed action would clarify procedural aspects related to the implementation of locally adopted building and other related codes. 1 Bill Text - SB-505 Civil law: firearms liability and insurance. (ca.gov) 2 California insurance bill aims to hold gun owners financially responsible for negligence (ktvu.com); New Proposed Bill Would Require CA Gun Owners to Carry Liability Insurance (sfist.com)
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As a separate and independent basis, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Attachments
1. Proposed Ordinance
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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AMENDING CHAPTER 9.24 (DANGEROUS WEAPONS) OF THE EAST
PALO ALTO MUNICIPAL CODE BY AMENDING ARTICLE I (GENERAL PROVISIONS); AMENDING ARTICLE II (DISCHARGE AND
POSSESSION OF FIREARMS); AND ADDING A NEW ARTICLE V
(FIREARMS STORAGE)
WHEREAS, gun violence and gun injuries have a significant adverse effect on public health and safety; and
WHEREAS, specifically, the month of January 2023 has already proved to be the deadliest month for mass shootings in California in at least a decade; to date, 27 people have been killed in five mass shootings in January alone, along with another 20 having sustained injuries from such shootings; and
WHEREAS, stolen firearms contribute to higher rates of crime and gun violence; and
WHEREAS, unsecured firearms raise the risk of injuries from wrongful firearm discharges, including suicides and accidental discharge; and
WHEREAS, trigger locks and lockboxes for the home storage of firearms reduce the chance of stolen firearms and wrongful discharge of firearms; and WHEREAS, improperly secured firearms contribute to a higher risk of stolen firearms and wrongful discharge of firearms; and
WHEREAS, trigger locks and lockboxes do not prevent firearms from being easily accessed in case of emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference. Based thereon, the City Council hereby finds that the Ordinance is in the public interest.
SECTION 2. ARTICLE I OF CHAPTER 9.24 AMENDED
9.2.a
Packet Pg. 394 Attachment: Proposed Ordinance (2598 : Local Gun Control Ordinance) The City Council hereby amends Article I (GENERAL PROVISIONS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.010 - Definitions.
For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:
"Dangerous weapon" means and includes, but shall not be limited to the following: Any knife with a blade three inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm. “Firearm” means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.
“Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device as defined by California Penal Code Section 16850, as amended from time to time or is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. "Public place" means and includes, but shall not be limited to, the following: Any public street, way, sidewalk, alley, public park, beach, recreational area, school, public building or place of public resort, any place where an athletic event, dance or other such gathering to which the public or a number thereof are admitted, and any place where alcoholic beverages are sold.
“Residence” means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.
"Switch-blade knives" means and includes, but shall not be limited to, the following: All spring-blade knives, snap-blade knives, or other similar knives of which any blade thereof, regardless of length, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever. “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices, and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635, as may be amended from time to time.
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Packet Pg. 395 Attachment: Proposed Ordinance (2598 : Local Gun Control Ordinance) SECTION 2. ARTICLE II OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article II (DISCHARGE AND POSSESSION OF FIREARMS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.060 -– Definitions[RESERVED.].
"Firearms" means a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, BB gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
SECTION 3. ADDING A NEW ARTICLE V (FIREARMS STORAGE)
The City Council hereby amends Chapter 9.24 of the East Palo Alto Municipal Code to add a new Article V (Firearms Storage) as set forth below (in redline; otherwise, no change):
9.24.190 – Safe Storage of Firearms in a Residence.
No person shall keep a firearm within any residence or upon any residential premises, unless the firearm is stored in a locked container or disabled with a trigger lock within a residence. This provision shall not apply when the firearm is carried on the person of an individual in accordance with all applicable laws.
9.24.200 – Exception for Reporting Theft or Loss.
A person who owns or possesses a Firearm who reports to the East Palo Alto Police Department that a Firearm was stolen or lost within 24 hours of the time they knew or reasonably should have known that the firearm had been stolen or lost shall not be criminally prosecuted for violation of 9.24.200.
9.24.210 – Penalties for Violations.
Notwithstanding Chapter 1.14 (Administrative Remedies) and subject to Section
9.24.200, violations of this section shall carry the following penalties:
a. Any person violating any provision of this section may be subject to administrative citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for the first offense, a fine of five hundred ($500.00) dollars for a second offense within a one (1) year period and a fine of one thousand ($1,000.00) for a third offense within a one (1) year period.
b. Any person violating any provision of this section shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty ($250.00)
9.2.a
Packet Pg. 396 Attachment: Proposed Ordinance (2598 : Local Gun Control Ordinance) dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand ($1,000.00) dollars per violation, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.
SECTION 5: IMPLIED REPEAL.
Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
SECTION 6. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its adoption.
SECTION 8. PUBLICATION.
The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
This Ordinance was introduced at the March 21, 2023 meeting of the City Council of the City of East Palo Alto.
PASSED AND ADOPTED this _____ day of ______________, 2023 by the following vote:
9.2.a
Packet Pg. 397 Attachment: Proposed Ordinance (2598 : Local Gun Control Ordinance) AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
9.2.a
Packet Pg. 398 Attachment: Proposed Ordinance (2598 : Local Gun Control Ordinance)
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Benjamin Toney, Partnership for the Bay’s Future Fellow Karen Camacho, Housing & Economic Development Manager
Amy Chen, Community & Economic Development Director
SUBJECT: Funding for Affordable Homeownership Opportunities as an Affordable Housing Preservation Strategy
Recommendation
By motion:
· Provide direction to staff to pursue funding application(s) for affordable homeownership and housing preservation; and
· Establish a timeline for Council consideration of affordable housing preservation and homeownership policy, the East Palo Alto Opportunity to Purchase Act.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 6: Create a Healthy and Safe Community
Background
On October 16, 2018, the City Council adopted the City’s Affordable Housing Strategy which laid out the City’s affordable housing goals and objectives through 2023 (see Attachment 1).
One of the key goals of the strategy involved preserving affordable housing. While the City of East Palo Alto has approved and planned for projects to meet the community’s housing needs, it is unlikely that construction can move quickly enough to account for the housing deficit in the immediate future. Further, new construction can mostly be expected to serve households with higher incomes, and thus existing residents with lower incomes may not be immediately served by new construction.
As housing has become an urgent priority, affordable housing preservation has emerged as a viable option for jurisdictions to more quickly increase the number of units that remain
9.3 Packet Pg. 399
affordable over time in coordination with construction goals. In other words, the strategy to add net new units to the overall housing stock must be accompanied by a strategy to increase the units in the affordable housing stock to ensure that growth enables stability of the existing community.
The purpose of this staff report is to respond to the March 1, 2022 City Council request to provide an update on programs and opportunities to preserve affordable housing and support affordable homeownership. On March 1, 2022, Council discussed a policy option for affordable homeownership and affordable housing preservation called the East Palo Alto Opportunity to Purchase Act (“EPA OPA”).1 Council and staff discussed key policy components, including policy implementation and concerns about the mechanics and effects of the policy as it was drafted. As a result, Council directed staff to conduct additional research. This staff report is aimed at focusing on the funding opportunities from regional and state sources for affordable housing preservation and homeownership opportunities, irrespective of the policy. Staff also seeks Council direction to return to present additional research findings requested on March 1, 2022, so that Council and the public may engage on the discussion around policies to address the City’s affordable homeownership and affordable preservation objectives.
Analysis
Goals and Objectives of Affordable Housing Preservation Attachment 2 of the staff report provides a detailed overview of the challenges the City faces and attempts to address through a housing preservation strategy. Affordable housing preservation can take many forms, including: acquisition of deteriorating properties for rehabilitation; property owners raising funds, and receiving local, regional, state or federal funds to repair, fix-up, and rehabilitate their old properties; and placing affordability requirements, upon receipt of government aid, on properties that are being quickly sold and flipped through speculation to promote first-time homeownership.
Homeownership support and affordable housing preservation of single-family and multi-family properties (“Preservation”) can go hand in hand – by using Preservation resources to help tenants, homeowners, non-profit developers, or the City to purchase and/or rehabilitate properties while adding to the number of available affordable housing units in the City.
Preservation as a vehicle to add affordable units to the affordable housing stock is likely to be critically important in coming years. Funding is an important condition for policy and program development.
1 See March 1, 2023 City Council meeting, available at:
http://eastpaloalto.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1489&MinutesID=1515&F ileFormat=pdf&Format=Minutes&MediaFileFormat=mpeg4.
9.3 Packet Pg. 400
Alignment with Housing Element Goals
Affordable housing preservation aligns with 6th Cycle (2023-2031) Housing Element Goal 1 – “Create more housing opportunities, and more housing that is affordable to East Palo Alto residents.” This goal includes efforts to 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.
Preservation is also an important component of Housing Element Goal 4 – “Prevent displacement of East Palo Alto residents.” By leveraging local, state, and regional resources, the City can promote the preservation of existing housing stock and rehabilitation of housing that is at-risk due to age, structural deficiencies, habitability issues, and more. The City can develop a preservation strategy that identifies funding, properties, and partnerships that can be leveraged to add affordable units to the housing stock by preserving affordable housing in East Palo Alto.
Affordable housing preservation also aligns with Housing Element objectives related to Affirmatively Furthering Fair Housing (“AFFH”). For example, habitability conditions are an AFFH concern because longstanding maintenance deferrals can coincide with patterns of residential segregation. Deferred maintenance also coincides with the effects of discrimination, compounded by issues such as siting of environment hazards, lack of job access, flood exposure, and more. In addition to adding units to the affordable housing stock, which remain affordable over time and enable housing for lower income households, bringing regional and state preservation funding to the city can support acquisition and rehabilitation of buildings to mitigate building decay.
In addition to other efforts, this may require that the City identify and maintain a list of at-risk and substandard buildings throughout the city and study improvements to a City process for addressing code violations on residential properties. The ability to set tasks in motion can be enhanced by developing and advancing an affordable housing preservation policy or program.
Housing Policy and Program Landscape
The City’s Affordable Housing Strategy includes multiple policies across the “Three P’s” objectives of: 1) protection for existing residents, 2) production for net new units, and 3) preservation for improving living conditions and increasing the total number of units in the affordable housing stock. While the City has enhanced its policies and programs for affordable housing production and protection, affordable housing preservation is a component of the 2019-2023 Affordable Housing Strategy and 2023-2031 Housing Element that is underresourced and would benefit from added funding, programs and policies.2 Figure 1 below provides an overview of the City’s housing policies and programs to present day. As demonstrated, the City has been a leader in implementing tenant protections, being one of the first cities to adopt rent stabilization and just cause for eviction in the region. The City has also adopted policies that encourage housing production, and while only required to meet one hundred percent of the Regional Housing Needs Allocation (“RHNA”) for the 2023-2031 Housing Element, has planned to meet over 200 percent (over 1700 homes) of the required RHNA.
2 See Revised and Adopted 2023-2031 Housing Element, available at:
https://www.cityofepa.org/housing/page/housing-element-update-1.
9.3 Packet Pg. 401
Currently, the City is at a disadvantage for affordable construction because it has been designated as “low” or “moderate-resourced” by the California Tax Credit Allocation Committee (“CTCAC”). This designation makes the City less competitive than other jurisdictions in receiving crucial Low-Income Housing Tax Credit (“LIHTC”) funding for new affordable housing construction, a source of funding that a majority of affordable housing developers rely on. The City has partnered with similar jurisdictions to challenge that characterization on the grounds that East Palo Alto is in fact an area with high resources despite historic underinvestment; but until that decision is reversed it does likely encumber affordable housing production to some degree.
Figure 1: East Palo Alto Affordable Housing Policies
While much of the strategy to address the housing crisis hinges on production, preservation is also an important piece of the puzzle for many reasons. Preservation can be the fastest way to address displacement, since new affordable construction can take from 4-6 years while preservation tends to take 1-2 years. Preservation of affordable housing through acquisition and rehabilitation offers a distinct tool to renovate housing stock and decelerate blight, add to the affordable housing stock, and enable tenant residents of East Palo Alto to become homeowners.
Preservation can also add units to the affordable housing stock on a cheaper per unit basis than new construction. Structural impediments, like the bottlenecking of Federal Tax Credit resources as in 2021, and California’s deprioritization of “Low-Resource Areas” in 2022, reduce the ability of many communities to compete for affordable housing production funds.
Measure O
(2016)
Measure L
(2022)
Transient
Occupancy
Tax (1998)
Measure
HH (2018)
9.3 Packet Pg. 402
Preservation can add affordable units in locations where production may not be feasible, and thus is a necessary addition for a robust housing system that works for all.
Funding Sources for Housing Preservation
Below is an overview of Preservation funding at the state, regional, and local levels. With the help and support of the City’s new grants coordinator, the City may be able to apply for preservation funds to provide loans to residents interested in purchasing homes in exchange for adding the homes to the City’s Below Market Rate (“BMR”) program, which currently consists of fifty-three affordable homes. The City may also apply for preservation funds to acquire multi-family buildings facing habitability or substandard housing conditions and in need of rehabilitation. Attachment 3 provides the list of eligible funding source recipients.
Figure 2: Funding Sources for Housing Preservation
Funding Source Funding Type Eligible Uses Max Financial Assistance
Golden State
Acquisition Fund
Below market debt Acquisition $13,950,000
Foreclosure
Intervention Housing
Preservation Program
Grants, debt Predevelopment,
acquisition,
rehabilitation, temporary
relocation. operating
subsidy
$500,000 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
Affordable Housing
Fund
Below market debt Predevelopment,
acquisition, rehabilitation
$100,000 per unit or the
amount needed for
project financial
feasibility
Community Housing
Fund
Below market debt Variety of loan products;
predevelopment through
permanent financing
$15,000,000
Supportive and
Transitional Housing
Varies Acquisition,
Predevelopment,
Construction, MiniPermanent
$6,000,000 with larger
loan size sizes
evaluated on a case-bycase basis
Affordability
Preservation and
Production
Varies Acquisition,
Predevelopment,
Construction,
Rehabilitation
$6,000,000 with larger
loan size sizes
evaluated on a case-bycase basis
9.3 Packet Pg. 403
Figure 2: Funding Sources for Housing Preservation (continued) Funding Source Funding Type Eligible Uses Max Financial Assistance
Workforce Housing Varies Acquisition,
Predevelopment,
Construction
$7,500,000 with larger
loan size sizes
evaluated on a case-bycase basis
Enterprise-Level Line
of Credit
Varies Revolving Line of credit
for acquisition,
predevelopment,
working capital allowed
with acquisition or
predevelopment
$6,000,000
Bay Area TransitOriented Affordable
Housing (TOAH) Fund:
Predevelopment Loan
Below market debt Predevelopment costs
for acquisition of Eligible
Properties
$750,000
Bay Area TransitOriented Affordable
Housing (TOAH) Fund:
Acquisition Loan
Below market debt Acquisition $10,000,000
Community
Development Financial
Institutions (CDFI's)
Varies Varies by program;
predevelopment,
acquisition, bridge
financing, some limited
permanent financing.
Varies
Regional Early Access
Planning 2.0
Below market debt Acquisition $250,000 per unit
State and Regional Funding Sources
The City may choose to leverage state and regional programs like the Foreclosure Intervention Housing Preservation Program (“FIHPP”) and the Regional Early Action Program 2.0 (“REAP
2.0”) to help support acquisition and rehabilitation of properties, by adding financial resources to support affordable homeownership. These two programs are expected to activate in Fiscal Year 2023-2024.
FIHPP ($500 million total statewide)
• Designed for properties at risk of foreclosure, including properties that local government has identified as at-risk of foreclosure or cited for habitability problems • Includes very substantial funding ($500,000/unit for multifamily, $600,000/unit for single family)
• Flexible uses include acquisition and rehab
• Eligible applicants include nonprofits or community land trusts with acquisition and rehabilitation experience in California
REAP 2.0 Preservation Fund ($15 million total regionally) • Designed to support preservation projects of varying sizes across the Bay Area Region • Includes substantial funding ($250,000/unit)
9.3 Packet Pg. 404
• East Palo Alto is included as a Priority Area for funding criteria Eligible applicants are development organizations and community land trusts (cities can partner)
FIHPP is important because its development is a response to the foreclosure crisis which devastated communities nationwide, including here in East Palo Alto. By leveraging public funding to secure distressed properties, the funding applicants can reduce the rate at which properties slip into decay. Considering that substantial habitability claims have been raised regarding a number of properties in East Palo Alto, this funding source will be an important tool moving forward.
REAP 2.0 is an important regional source of funding because projects funded will help regional government bodies like Bay Area Housing Finance Authority (“BAHFA”) and Association of Bay Area Governments/Metropolitan Transportation Commission (“ABAG/MTC”) establish program guidelines for future Preservation funding that can benefit the City. The 2024 Bay Area Housing Finance Authority initiative to raise $10-20 billion for housing production, preservation, and protection will be informed by this first round, and 15% of the total public funding raised for that pool is dedicated to affordable preservation.
Local Matching Funds
Establishing and funding first time homebuyer’s program is included in the 2023-2031 Housing Element. The City may offer Transient Occupancy Tax (“TOT”), Measure HH, Measure O, or Measure L funds as a local match to increase local organizations’ competitiveness for state and regional Preservation funds. The following is a list of the potential local funding sources:
• TOT – a special tax passed by voters in 1998, intended for affordable housing development, acquisition and/or rehabilitation, among other things. • Measure HH – a special tax passed by voters in 2018, intended for the maintenance of affordable and supportive housing programs, with an emphasis on creating net new housing.
• Measure O – a general tax passed by voters in 2016, intended for affordable housing and protecting local residents from displacement and homelessness. • Measure L – a general tax passed by voters in late 2022, intended for affordable housing programs, providing tenant rental support, and protecting local residents from displacement and homelessness.
Ultimately, advancing a Preservation policy which enables staff to begin developing administrative guidelines, criteria for which non-profit developers are qualified to work within the City and apply for state and regional funds, and educational materials for tenants and owners to take advantage of these funding sources, will help advance Preservation projects. It is also important to note that for lenders of preservation funding sources, having an approved policy and implementation guidelines improves competitiveness over other applicants.
City Efforts on Housing Preservation
Policy and Program Considerations
To address affordable housing preservation and homeownership, City Council officially adopted as a Council Priority in 2021 to “Advance the Concept of TOPA/COPA and Other Homeownership Opportunities.” TOPA/COPA is a proposed policy that stands for the Tenant
9.3 Packet Pg. 405
Opportunity to Purchase Act and Community Opportunity to Purchase Act. From October 2021 to March 2022, City staff actively analyzed and prepared five presentations to the City Council on this policy. The City, at the suggestion of community feedback, also included a Jurisdiction Opportunity to Purchase option that the City can exercise to acquire affordable housing assets.
Collectively these programs are referred to as the East Palo Alto Opportunity to Purchase Act (“EPA OPA”).
An EPA OPA, as presented at the March 1, 2022 meeting, would require the owners of certain properties planning to sell to provide advance notice and an opportunity to the local market (tenants living in the building, qualified non-profit affordable housing developers, and/or the City of East Palo Alto) before commencing conventional at-large marketing. EPA OPA is designed to enhance homeownership among residents who are historically disenfranchised, and stabilize multi-family housing tenants at immediate risk of displacement.
City Council requested research on options for affordable housing preservation and homeownership as well as funding sources which might support those objectives. City Council may, at a later date, choose to leverage current and forthcoming state and regional preservation resources to support affordable housing in East Palo Alto.
Regional Partnerships and Funding Sources
In 2022, the City of East Palo Alto was awarded the Partnership for the Bay’s Future (“PBF”) Breakthrough Grant for housing production and preservation, and as a result, the PBF Policy Grant Fellow, Benjamin Toney, joined the City in June 2022 to add staffing capacity. Since then, the Policy Grant Fellow has engaged with local community partners East Palo Alto Community Alliance and Neighborhood Development Organization (“EPACANDO”), Preserving Affordable Housing Assets Long Term, Inc. (“PAHALI”), Youth United for Community Action (“YUCA”), and Community Legal Services in East Palo Alto (“CLSEPA”) (collectively, the “Community Partners”), and the City to research and advance affordable housing preservation goals. The Policy Grant Fellow has also been involved with and/or interviewed the following groups:
• South Bay Preservation Lab, a convening of housing affordability, anti-displacement, cooperative ownership and mission driven developer organizations sharing information, best practices, and resources to strategically deploy affordable housing preservation tools.
• The California Community Land Trust Network, which provides strategic and technical support for mission driven development and cooperative housing, can also offer training and best practice resources.
In late 2022, the Policy Grant Fellow submitted comments on ABAG/MTC’s REAP 2.0 Draft Term Sheet. These comments included encouraging prioritization of jurisdictions with high displacement risk, and providing incentives for prioritizing extremely low-income and very lowincome housing units in close proximity to transit.
Research on Preservation Best Practices
The Policy Grant Fellow conducted several interviews among key leaders in the San Francisco affordable housing preservation arena to understand mechanics of transactions under San
9.3 Packet Pg. 406
Francisco’s small sites program and best practices for affordable housing preservation. Further research and interviews have also revealed Preservation best practices from government agencies, financial intermediaries, and practitioners. Interviewees and expert practitioners include:
• Richard Hurlburt – IMPACT (Realtor/Broker facilitating COPA transactions) • Fernando Marti – Council of Community Housing Organizations (Policy Design) • Keith Cooley - San Francisco Community Land Trust (COPA purchaser) • Somaya Abdelgany - Preservation Program Coordinator at Bay Area Housing Finance Authority (Preservation Funding)
• Caroline McCormack – Preservation Program Director Enterprise Community Partners (Preservation Funding and Implementation)
Figure 3 summarizes the best practices for housing preservation shared in these interviews.
Figure 3: Best Practices for Housing Preservation
California Housing Partnership Best
Practices
Enterprise Community Partners Best
Practices
Develop Local Government Capacity Engage Local Stakeholders Early Expand Technical Assistance Conduct Local Landscape Analysis Strengthen Regulatory Protections Earmark Resources for Capacity Building Develop Fitting Financial Tools Plan for Public Education Coordinate with other Agencies and
Departments
East Palo Alto is already executing many of these best practices and can continue to exercise them moving forward. Below are key lessons learned.
1. Outreach and Education
Outreach and Education will be essential components of best practices for implementing an affordable homeownership program using affordable preservation funds. The City at a future date may desire to develop an outreach plan as part of implementation to inform residents, including property owners and tenants, how to use local, state or regional funds. The outreach plan may also include collaboration with other professionals and organizations involved in the development and rehabilitation process committed to coordinating with the City to develop and distribute educational materials.
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2. Local Government Capacity
Providing political and economic commitment to affordable housing preservation could increase government capacity and make preservation projects in East Palo Alto competitive for regional and state resources. The City can begin by identifying opportunities to leverage local match funds and outside funding to invest in preservation and affordable homeownership. The City can also begin by establishing a local policy or program framework.
3. Regional, State and Private Resources
Since the last City Council discussion on affordable preservation and homeownership opportunities on March 1, 2022, the affordable housing preservation funding landscape has further developed. Multiple regional and state resources for affordable housing preservation are expected to be available in 2023, and the City can compete for those resources. The purchaser is typically the funding applicant for these sources of affordable housing preservation funding, so regional and state funding sources could be available to affordable housing developers and in some cases the City, if poised to do so. To increase jurisdictions’ competitiveness for preservation funding during the funding application process, ongoing capacity building and technical assistance support is available. For example, available through the Partnership for the Bay’s Future are Enterprise Community Partners, as well as from the Local Initiatives Support Corporation. Because Community Development Finance Institutions (“CDFIs”) which commonly administer preservation funds need to be discerning about projects to resource, projects in jurisdictions with active preservation policies can receive advantage in funding prioritization. Passing a preservation policy also helps increase the ability to capture preservation funds by enabling city staff and community partner organizations to begin performing the work needed for implementation like developing administrative guidelines, property identification, public education materials, etc.
Next Steps
City Staff seek City Council direction on moving forward with funding applications to continue the City’s affordable housing preservation efforts while the City continues to consider adoption of a policy or program. Staff recommends pursuing REAP 2.0 and FIHPP funding through local partnerships.
Staff also seek City Council direction to return with the EPA OPA discussion for City Council consideration in May.
Fiscal Impact
There is no fiscal impact associated with this staff report. Should staff successfully apply for funding, added staffing capacity will be needed for funding implementation.
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 County Library located at 2415 University Avenue, East
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Palo Alto.
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Affordable Housing Strategy 2019-2023
2. Affordable Housing Preservation Challenges and Goals
3. Affordable Housing Preservation Funding Recipients
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EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
1 2 SUMMARY of GOALS + WORKPLAN
3 INTRODUCTION
3 Purpose
3 Need
4 Guiding Principles
5 Structure of the Plan
6 CURRENT LANDSCAPE for AFFORDABLE HOUSING
9 GOALS + RECOMMENDED ACTIONS
WORKPLAN – Attached
CITY OF EAST PALO ALTO
AFFORDABLE HOUSING STRATEGY
TABLE OF CONTENTS
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Packet Pg. 410 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
2 EAST PALO ALTO AFFORDABLE HOUSING STRATEGY
1 | Adopt the
Strategy.
Establish a 5-Year
commitment to
developing
affordable housing,
1/1/19 – 12/31/23,
using a variety of
methods and
available resources.
5 | Re-establish the City’s Inclusionary
Housing Ordinance. In consideration of recent
legislative changes, the Housing Impact Fee and
Inclusionary Housing Programs will be clarified and
potentially modified to provide direction and
transparency for future affordable housing
development.
3 | 200 Preserved
Units. During the life
of the Strategy, the
City will have
preserved and
extended deedrestrictions on 20 units
of existing affordable
housing.
2 | 500 New Units. During the life of
the Strategy, the City will have
completed, under construction, or
approved 500 net new units of deedrestricted affordable housing. 2b | Local Preference Working
Group. Work collaboratively to establish
a reasonable local preference to
facilitate anti-displacement efforts.
4 | 80 Housing Opportunities for
the Homeless.
The City will increase housing
opportunities for formerly homeless
residents by a total of 80 during the five
(5) years of the Strategy – 30 Safe Parking
+ 10 additional opportunities per year.
6 | 50 Additional 2nd Units. The
City will increase the number of
approved Accessory Dwelling Units
(ADU) by 10 per year for each of
the five (5) years of the Strategy.
9 | Transparency + Reporting. To demonstrate
responsible stewardship and a commitment to
developing the City’s potential housing resources,
staff recommends a series of reporting actions that
will lead to transparency and regular coordination
with decision-makers, partners, and the community.
8 | Add Capacity for
Stewardship +
Monitoring of the
City’s Affordable
Housing Assets.
Through an RFP Process,
a contracted entity will
ensure ongoing
monitoring and overall
stewardship of the City’s
existing portfolio of
affordable housing.
10 | Increase
City’s Voice in
Housing
Advocacy Efforts.
Play a larger role in
policy/advocacy to
expand and preserve
affordable housing in
East Palo Alto, and to
provide constructive
solutions for the larger
regional problem.
7 | 50 Housing
Rehabilitations or
Solar/Electric Vehicle
Installations for Single
Family Owner-Occupied
Homes.
The City will utilize Housing
Rehabilitation Programs and
partnerships to increase the
number of single-family home
rehabilitations and/or installations
of solar energy systems & EV
charging stations.
SUMMARY of GOALS + WORKPLAN
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Packet Pg. 411 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
3 Purpose of the Plan
The purpose of East Palo Alto’s Affordable Housing Strategy (the Strategy) is to align resources, ensure a unified strategic direction, and facilitate community partnerships to achieve a shared vision of housing affordability. The Strategy recommends that the City of East Palo Alto (the City) focus its limited affordable housing funds into the development of new, deed-restricted affordable housing. Further, the Plan outlines potential regulatory changes and other creative approaches that the City and community partners could utilize to increase the production of affordable housing.
In addition to the specific goals and policies articulated in the Strategy, this document also describes the recommended actions that will make it possible for staff to implement the Plan.
Need
The City’s substantial affordable housing needs result largely from two factors: 1) the low incomes of East Palo Alto renter households, and 2) the high cost of housing in the market area. Key data points that inform our Plan include:
§ Renter households account for approximately 65% of all households in the City. § More than one-third of renter households in the City have incomes at or below 30% of the Area Median Income (AMI), or $39,500 for a four-person household (2018). § Nearly two-thirds of renter households in the City have incomes at or below 50% of AMI, or $65,800 for a four-person household (2018).
§ Nearly three-quarters of the City’s households earning less than 30% AMI (1,240 households) are severely cost burdened, meaning that they pay more than 50% of their gross income on housing costs (rent plus utilities).
§ Nearly three-quarters of households earning between 30% and 50% of AMI are severely costburdened (445 households).
Average City rents are well above those affordable to most residents, even for those households that earn 100% AMI. The average monthly market rent for a one-bedroom unit ($2,383) is approximately $200 per month more than a household at 100% of AMI can afford, and the average two-bedroom rent of $3,000 is nearly $500 more than a household at 100% of AMI can afford. There are very few threebedroom rental units.
The baseline data for affordable housing incomes is the Average Median Income data for the County.
The County AMI is required to be used by all affordable housing financing sources. However, the incomes in East Palo Alto are lower than those in the County. According to the CENSUS, the median household income in San Mateo County is $98,546, and $55,170 in East Palo Alto. In response to this, the City has traditionally required units at the 30% AMI level to provide deeper levels of subsidy.
INTRODUCTION
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Packet Pg. 412 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
4 Guiding Principles
When drafting the Strategy, Staff identified the need to articulate the values that will guide the development of the City’s goals and implementation of the recommended actions. These guiding principles are details below:
Empathy
Every resident of East Palo Alto deserves access to decent, safe, and sanitary housing. Although East Palo Alto does not have the financial resources or developable land to build housing for every resident, our efforts to explore all potential options must be driven by a belief that all residents have the same rights to housing and a compassionate concern for their needs.
Antidisplacement
Anti-displacement/gentrification is a major concern for East Palo Alto’s residents and the City Council. The Strategy outlines several strategies and objectives that can help provide housing opportunities to current residents of East Palo Alto, including local preference, thereby preventing displacement.
Opportunity +
Investment
East Palo Alto has limited financial resources to invest in many of the community development and public infrastructure activities that other jurisdictions routinely fund. To help in this area, the Strategy outlines how the development of new affordable housing may serve as a catalyst for the City to secure both Federal and State funding to improve the public infrastructure surrounding an affordable development.
Equitable,
Integrated, +
Diverse
Communities
The Strategy outlines several policy considerations for the City Council to consider that would lead to a more integrated and diverse community.
Transparency
As the Strategy is implemented, it is imperative that the public, affordable housing developers, local non-profit organizations, and other stakeholders are kept apprised of the City’s progress. The City is committed to:
§ Providing the City Council and community with periodic updates on the Strategy’s progress and will devote a page on the City’s website that will report results in real time.
§ Being transparent with both revenues and expenditures spent and received so that development partners may evaluate potential risks of developing additional affordable housing communities in East Palo Alto.
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5 Structure of the Strategy
CURRENT LANDSCAPE FOR AFFORDABLE HOUSING
The Strategy is based on an understanding of current opportunities in both developing affordable housing and maximizing those opportunities to meet the current need. The section considers: State funding opportunities; Affordable Housing and Sustainable Communities (“AHSC”) funding; existing funding sources for affordable housing; potential revenue sources for affordable housing; and a projection of the total funding potentially available for the development of affordable housing in East Palo Alto.
GOALS + ACTIONS
The Strategy describes an ambitious set of goals that may enable the City of East Palo Alto to increase the supply of housing that is affordable to residents and improve the critical systems that make more housing available. Each goal is explained and further defined through a number of specific recommended actions that will lead to achieving the intended outcome.
WORKPLAN
The recommended actions comprise an actionable workplan that will advance the City of East Palo Alto’s affordable housing goals over a projected 5-year period. The East Palo Alto Affordable Housing Strategy Workplan Schedule is attached to the Strategy, providing a snapshot of quarterly goals and target dates for completion.
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6 CURRENT LANDSCAPE FOR AFFORDABLE HOUSING
To address the need for affordable housing, the City may leverage many opportunities, including existing local funding, potential new revenues, and legislative actions that could yield even greater support and resources.
State Funding Opportunities
The California State Legislature and Governor Brown responded to the State’s housing crisis by passing/signing fifteen bills in a landmark housing package (September 15, 2017) and adopting a state budget that increases funding for affordable housing (2018-19). In addition, the California Legislature is considering dozens of proposed bills related to affordable housing during its current legislative session.
The most relevant bills and budget actions are described below:
Legislation Description
SB 2 Senate Bill (SB) 2, the Building Homes and Jobs Act, provides a “permanent source” of funding for affordable housing by imposing a $75 fee on each recorded document up to a maximum of $225 per transaction per parcel, estimated to generate $200 to $300 million annually, statewide.
SB 3 Senate Bill (SB) 3 places a bond measure on the November 6, 2018, ballot to raise $3 billion for existing state affordable housing programs and $1 billion for the veterans’ home purchase program.
SB 35 Senate Bill (SB) 35 creates a streamlined approval process for housing in cities that are not meeting their state-mandated housing goals. The goal of SB 35 is to expedite the construction of critically needed housing, including affordable housing.
AB 1505 Assembly Bill (AB) 1505:
(1) explicitly authorizes cities and counties to adopt ordinances that require, as a condition of the development of residential rental units, that the development include up to 15% of residential rental units to affordable- to moderate-income, lower-income, very low-income, or extremely lowincome households; (2) clarifies the Legislature’s intent to supersede the court decision in Palmer v.
City of Los Angeles, thereby making inclusionary housing requirements apply to rental developments; and
(3) requires any such ordinance to provide alternative means of compliance, such as in-lieu fees, land dedication, off-site construction, or acquisition/rehab of existing units.
CA Budget
Package
2018-19
One-time funding in the amount of $500 M for Emergency Homeless Aid Block Grants. The breakdown is as follows:
• $350 M to Continuums of Care using the HUD formula
• $150 M to jurisdictions with populations over 330,000 CURRENT LANDSCAPE for AFFORDABLE HOUSING
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7 Affordable Housing and Sustainable Communities (“AHSC”) Funding The Affordable Housing and Sustainable Communities (AHSC) or “Cap and Trade” program was established with the passage of Senate Bill 182 to implement Assembly Bill 32; the California Global Warming Solutions Act 2006. The purpose of the AHSC Program is to reduce Greenhouse Gas (GHG) emissions through coordinated projects that implement land-use, housing, transportation, and urban greening or land preservation practices supporting infill and compact development near transit.
Projects awarded funding through this highly competitive grant program, are only the most viable and impactful statewide and must support a broad array of coordinated public policy objectives.
The City is well-positioned to meet the requirements of the AHSC program, which would lead to an increase in revenue to fund the development of affordable housing, as well as other public infrastructure. Developers seeking City funding will be expected to pursue AHSC funding in an effort to minimize the City’s investment in each project.
Existing Funding Sources for Affordable Housing
The City manages various sources of funding that are dedicated to the development of affordable housing. These funding sources have different funding requirements and restrictions that the City must adhere to and enforce. Generally speaking, most funds earmarked for affordable housing must be used on capital expenses or the administrative costs associated with delivering affordable housing.
Source Amount
Housing In-Lieu Fees $6,242,000
Transient Occupancy Tax (TOT) Set aside $1,547,700
Low Mod Successor Agency Funds $606,500
Catalyst Housing Fund (Facebook Settlement) $10,000,000 Housing Assistance Funds $291,800
Total $18,688,000
At this time, the City controls approximately $18,600,000 that may be utilized to produce and preserve deed-restricted affordable housing in the City. This amount does not include the value for the City-owned 965 Weeks Street parcel.
Potential Revenue Sources for Affordable Housing
The City manages two primary revenue sources, which are anticipated to increase the City’s available funding for affordable housing over time: 1) the Commercial Linkage Fee; and 2) the Housing Impact/In-Lieu Fee. The impacts of the recently expired water moratorium, having limited development throughout the City for several years, present a challenge in predicting the amount of new revenue and the timeframe in which it will be generated.
Projecting impact fee revenue is challenging because of the uncertainty of development due to market conditions, and the impact fees are adjusted over time. Due to the potential variances between the projected and actual revenues, staff will update these revenue projections on a regular
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8 basis. A 10-year projection is used for impact fee collection because the timing of development is uncertain.
Staff are processing environmental review documents for approximately 1.62 million square feet of new office development. There are reasons to be cautious about projecting the timing of new office development in East Palo Alto. In the past 14 years, East Palo Alto has developed approximately 200,000 square feet of new office space; the current economic expansion has lasted longer than any on record, and there currently is 6 million square feet of office under construction in San Mateo County and Santa Clara County. Based on past and current economic factors, staff recommends a conservative assumption that approximately 40% (650,000 square feet) of the proposed new office developments will be built in the next 10 years. Assuming an affordable housing commercial linkage fee of $10.72 per square foot, the new office development could generate approximately $7 million.
It is also estimated that the existing affordable housing impact fee on residential projects could generate conservatively $4 million in 10 years.
The TOT Set Aside is an ongoing source based on the level of TOT collection. Also, Measure HH, if approved by the voters on the November 6, 2018 ballot, will generate ongoing potential resources for affordable housing. The impartial ballot analysis indicates that if approved by the voters, Measure HH could generate approximately $1.6 million per year for job training programs and affordable housing. These sources will be included in future revenue projections, as specific information becomes available.
Total Funding for Development of Affordable Housing
By combining both the existing funding sources ($18,688,000) and future revenue sources from new development ($11,000,000), the City may anticipate up to $29,688,000 on the development of new affordable housing units during the next 10 years.
The goal of 500 units will require significant other local, philanthropic, regional, State, and Federal affordable housing resources.
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9 GOAL 1 | Adopt the Strategy.
The Affordable Housing Strategy will be defined as a 5-Year commitment to developing affordable housing, during the period of January 1, 2019 to December 31, 2023, utilizing available funding sources and anticipated revenue.
As described above, the City has the unique
opportunity to leverage funds for affordable housing –
existing funds, anticipated revenue, County resources,
and potential funding resulting from State legislative
actions. To effectively utilize these funding
opportunities and ensure that the City is well
positioned to receive outside funding for projects, it is imperative that the City develop a pipeline of
affordable housing developments.
By establishing a 5-year Strategy, staff will have the direction necessary to engage with affordable housing developers, funders, financial institutions, neighborhoods, and other stakeholders to identify potential sites that could be developed for affordable housing. Development of a pipeline will streamline processes and expedite the production of new affordable units that meet the need of the East Palo Alto community.
GOALS + ACTIONS
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10 GOAL 2 | 500 New Units.
During the life of the Strategy, the City will have
completed, under construction, or approved
500 net new units of deed-restricted affordable
housing.
Based on the total anticipated revenue and funding
available for affordable housing over the next five (5) years, staff recommends that the City establish an
ambitious goal of completing, having under construction, or approving 500 new units of deed-restricted affordable housing.
Projects
965 Weeks | potential development of 135 units
This City has already initiated the process of identifying a partner to develop the 2.5-acre, City owned property located at 965 Weeks Street. The current estimate of 135 units is based on an understanding of the potential production that is possible on this site. Staff continues to manage the process of identifying a partner for this project, and an exact number of new units will be identified when a full proposal and funding commitment is considered.
ACTION 2.1: Identify affordable developer for 965 Weeks Street.
ACTION 2.2: Consider construction/permanent funding commitment to the 965 Weeks Project.
ACTION 2.3: Negotiate and close funding for 965 Weeks (if applicable).
Light Tree | potential increase of 91 units
Eden Housing and EPA CAN DO own the Light Tree Apartments, a 94-unit affordable housing community located at 1805 East Bayshore Road. The Light Tree Apartments was originally developed in the 1960’s, and EPA CAN DO and another development partner purchased the property in 2001. In 2011, Eden Housing replaced the previous developer. Currently, the property is in desperate need of rehabilitation and, through this process, Eden Housing is seeking to intensify the development by adding up to 91 net units on the property.
Eden has approached the City regarding the possibility of obtaining appropriate funding for predevelopment to further analyze this project. It is expected that staff will return to the City Council in October/November 2018 with a recommendation to fund a predevelopment loan to Eden Housing from available funds.
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11 ACTION 2.4: Consider predevelopment loan to Eden Housing for the Light Tree Project.
ACTION 2.5: Consider construction/permanent funding commitment to the Light Tree Project.
ACTION 2.6: Negotiate and close funding for the Light Tree Project (if applicable).
If the above opportunities to increase the supply of new affordable housing units are managed successfully, staff will need to identify opportunities to build approximately 275 additional affordable apartments to meet the City’s goal of 500.
Strategies
The City may meet the 500 unit goal by pursuing creative solutions that involve partnering and developing underutilized land. Assuming an average of 50 units an acre and 70 units per project, an additional 4 projects on a total of 5.5 acres of land would be necessary, recognizing that actual densities and acreage will vary. Staff has identified the following areas of opportunities to accomplish this goal:
School District Sites
At this time, it is estimated that the Ravenswood School District controls 15-20 acres of land that could potentially be used to develop affordable housing. In addition, recent legislation has paved the way for school districts to develop housing specifically for teachers and other members of their workforce on district-controlled land.
ACTION 2.7: In conjunction with the City Council, pursue a partnership with the School District to consider the development of affordable housing on a district property; meetings with the district would occur during the first quarter of 2019.
Church Sites
Faith-based organizations also have significant land holdings in East Palo Alto. Potential partnerships with these organizations could be explored to maximize resources and develop additional affordable housing units.
ACTION 2.8: Coordinate a “Meet and Greet” between faith leaders and affordable housing developers to discuss potential partnerships and opportunities for expanding housing options using these lands during the last quarter of 2018.
Vacant Parcel at Bay and University
The City owns a small parcel at the corner of Bay and University, and Barry Swenson Builders owns the remainder.
ACTION 2.9: Coordinate with property owner and affordable housing developers and funders to maximize potential for affordable housing at this location.
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12 Intensification of Underutilized Properties
The City controls roughly 550 acres of land that is dedicated to single family property, made up of an estimated 32 parcels that are between .5 and 2 acres and each have one single family property on them.
Although this solution would not be appropriate for every parcel in all areas of the City, the City could establish mindful policies to encourage the development of underutilized properties as multi-family affordable properties. A City commitment to flexible Zoning and General Plan considerations would empower developers to assemble two or more single family properties and a footprint large enough to achieve density in affordable housing.
ACTION 2.10: City Council will host a study session during the first quarter of 2020 to discuss intensification of underutilized properties and the Overlay Zone.
Conversion of Rent Stabilization Program Units to Deed-Restricted Units There are approximately 2500 units in the City’s Rent Stabilization Program (RSP). While, the vast majority of them are owned by Woodland Park Communities, there are individual owners who own apartment complexes that also fall under the Rent Stabilization Program. These apartment complexes are occasionally offered on the market for sale. Traditionally, Staff has strongly discouraged nonprofit affordable housing developers from acquiring these apartment complexes due to concerns that there could be displacement based to income standards, occupancy standards, or immigration status.
If the City were to consider the acquisition of RSP units by affordable nonprofit developers to facilitate the conversion of these units to deed-restricted affordable units to prevent displacement, the many potential advantages and challenges to this conversion would need to be analyzed. The Rent Stabilization Board discussed this matter at its May 9, 2018, and July 11, 2018, regular meetings and decided not to support having City staff study the question and directed Staff to report back to the City Council.
ACTION 2.11: Do not pursue conversion of RSP Units to deed-restricted units at this time.
Multi-Family Underwriting Guidelines
To ensure developers who receive City-controlled funding for affordable housing projects in accordance with City goals and objectives, staff is recommending the creation of basic multi-family underwriting guidelines. The underwriting guidelines will provide developers of affordable housing with enough information to determine the feasibility of building projects in the City. The guidelines would include information such as: interest rates, payment terms, subordination, developer fee considerations, operating expense thresholds, ground lease considerations, etc.
ACTION 2.12: Establish underwriting guidelines for City sponsored affordable projects.
Processing Fees
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13 The City incurs many costs when advancing an affordable housing project, including the investment of staff and consultant time to negotiate and close these transactions. To assist the City with recapturing some of these costs, the City could establish a per project processing fee that would be charged to the project administrative costs. This fee revenue would ensure that the City’s limited housing resources remain earmarked for new developments. These fees are common in most jurisdictions and would be due and payable at the time when construction financing for the project is closed.
ACTION 2.13: Bring a processing fee recommendation to City Council prior to closing its next construction/permanent loan.
ACTION 2.14: Issue a Notice of Funding Availability or call for projects to identify new opportunities.
Financial Consultant Services
To assist staff with conducting financial analysis of potential affordable housing projects, the City will engage Financial Consultants (1-2) on an on-call basis for $100,000 in professional services.
ACTION 2.15: Issue RFQ to identify potential financial consultants.
ACTION 2.16: Review and evaluate proposals.
ACTION 2.17: Return to City Council with a recommendation to award.
ACTION 2.18: Enter into contract with consultant(s) to provide financial analysis related to potential affordable housing development.
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14 GOAL 2B | Local Preference Working Group.
City Council and City residents are interested in establishing a Local Preference Working Group to facilitate anti-displacement efforts through policy and specific projects. The Local Preference Working Group would work collaboratively to establish a reasonable local preference in East Palo Alto, thus creating an expectation for any developer who obtains City funding to develop affordable housing.
Staff expects that it will take up to 9 months for the working group to develop a series of recommendations and/or options for the City Council to consider. Staff would return to City Council with these recommendations before September 30, 2019.
Staff would like the City Council to provide direction regarding which organizations and/or individuals should participate in the Local Preference Working Group.
ACTION 2B.1: Establish Local Preference Working Group to establish a sound local preference policy.
ACTION 2B.2: Host periodic meetings to analyze/discuss local preference options.
ACTION 2B.3: Return to City Council with a recommended local preference for consideration.
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15 GOAL 3 | 200 Preserved Units.
During the life of the Strategy, the City will have
preserved and extended deed-restrictions on 20
units of existing affordable housing.
The City is home to an estimated 500 multifamily rental housing units that were developed using Low Income
Housing Tax Credits (LIHTC). Ensuring that these properties remain as deed-restricted affordable housing requires the City to address the challenges of preserving units that reach the 15-year compliance period limit.
§ After this period, limited partners are free to exit the project and, if general partners wish to continue owning and operating these properties, new investors need to be identified and committed.
§ The fact that many 15-year developments require considerable repairs presents an additional challenge. Some owners may be reluctant to or unable to cover the high cost of rehabilitation in relation to the value of properties. If properties do not meet local health, safety, and building codes, they face citation and potential recapture of tax credits by the Internal Revenue Service (IRS).
As a remedy to these challenges, developers may seek new LIHTCs to rehabilitate and stabilize properties after year 15 with new investments. Otherwise, these units may be at risk of being removed from the price-restricted portfolio of affordable housing.
It is worth noting that with most 15-year transactions, the City may not be required to provide a subsidy to the developer, but the City will process all entitlements for the rehabilitation work of each property. If the City has an existing loan on a property, the City will be required to take specific legal actions to help facilitate the transaction. In some unique instances, the City may partner with a developer on a preservation deal.
Projects
Light Tree
Eden Housing has proposed to increase the density on the site by adding 91 deed-restricted units, while seeking to preserve the existing 94 units. Eden has expressed interest in securing available funding from the City to help offset the cost of developing the new 91 units on-site. Staff is working with Eden and expects to return to City Council in Fall 2018 to discuss the possibility of the City approving a predevelopment loan to assist Eden with the necessary predevelopment activities.
ACTION 3.1: Preserve 94 Units at Light Tree.
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16 Nugent Square
Eden Housing and EPA Can Do partnered to develop the Nugent Square affordable development in 2004. The 15-year compliance period for the property concludes in January 2020 and Eden Housing has stated that it is there intent to preserve/rehabilitate the property around that time.
ACTION 3.2: Preserve 32 Units at Nugent Square.
The Courtyard at Bay Road
Community Housing Developers built the 74-unit, Courtyard Apartments at Bay Road in 2006. The 15- year compliance period for this property expires in 2021, and it is assumed that Community Housing Developers will seek to preserve/rehabilitate the property at that time.
ACTION 3.3: Preserve 75 Units at the Courtyard at Bay Road.
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17 GOAL 4 | 80 Housing Opportunities for the Homeless.
The City will increase housing opportunities for
formerly homeless residents by a total of 80 during the five (5) years of the Strategy – 30 Safe Parking + 10
additional opportunities per year.
The County of San Mateo (County) takes an active role in providing services and housing opportunities to homeless individuals and residents in East Palo Alto. Some of the services that the County funds are:
§ Outreach and Engagement - the County has partnered with cities and non-profit providers to implement multidisciplinary Homeless Outreach Teams (HOT). These teams cover the whole country geography, focus on areas with a large number of unsheltered, chronically homeless adults.
The HOT program includes outreach specialists employed by LifeMoves – who conduct outreach, engage with unsheltered homeless people, work to identify their individual service needs, then develop and execute a person-centered housing plans. Many are then connected to permanent supportive housing offered by the Housing Authority. § Emergency Shelters - Shelters offer very short lengths of stay, connections to a range of services and, in some cases, assistance developing a plan to secure permanent housing. Most County emergency shelters are congregate facilities (particularly those for single adults) or other shared living arrangements. This category of program also includes the County’s motel voucher program which pays for short term motel stays for homeless families who are waiting to access shelter or transitional housing. Providers include: LifeMoves, Samaritan Housing, Project WeHOPE, CORA, Hope and Home, the Mental Health Association, and StarVista. § Transitional Housing - These programs are designed to offer longer stays and intensive case management to help residents make the transition to permanent housing upon exit. United States Department of Housing and Urban Development (HUD)-funded transitional housing programs are allowed to host stays of up to two years, but the majority of programs in the County are designed to be much shorter. Many of the emergency shelter programs are designed as “feeder” programs into transitional housing, with residents moving directly from emergency to transitional, sometimes within the same building. Transitional housing providers include:
LifeMoves, Samaritan Housing, CORA, the Mental Health association, and StarVista. § Rapid Re-Housing - Rapid re-housing programs provide homeless individuals and families with short term rental subsidies (up to six months) after which they take over responsibility for paying their own rent. Participants receive assistance with locating housing and time-limited case management focused on maintaining stability in housing. Currently, LifeMoves manages most of the County’s rapid re-housing programs.
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18 § Permanent Supportive Housing - Permanent Supportive Housing (PSH) is housing that is not timelimited, provides deeply affordable rent, and offers intensive ongoing support services. PSH is designed for those homeless individuals with the most acute needs, particularly those who are chronically homeless and/or have significant behavioral disabilities. Much of the County inventory consists of Shelter Plus Care vouchers operated by the Housing Authority in which tenants rent units in the private market and receive a rental subsidy. There are also dedicated units in site-based PSH projects, including units owned and operated by LifeMoves, the Mental Health Association, and others. Staff expects the number of PSH units to increase across the County due to the recent influx of funding at the Federal and State level earmarked for housing the most vulnerable populations.
§ Bi-Annual Homeless Count - The County conducts the count every two years and the results provide one source of data, among many others, to help the County and its partners assess how to best serve homeless individuals and assist them with returning to housing as quickly as possible. The results are also submitted to HUD, which then compiles information about homeless counts nationwide.
Within this context, the City must identify specific needs and solutions in relation to housing of formerly homeless individuals. In May 2017, when coordinating the most recent Homeless Count and Survey, the County identified 98 homeless individuals in East Palo Alto, which was a 3% increase compared to the 2015 count, yet represents a lower count than in previous years.
YEAR COUNT % CHANGE
2009 204 -
2011 385 +89%
2013 119 -69%
2015 95 -20%
2017 98 +3%
In addition, City staff conducted a survey in May 2018 to determine the number of locally parked oversized and recreational vehicles (RV). The results of that survey showed that 85 vehicles, RV’s, and oversized vehicles were located in longterm residence within the City limits, indicating another urgent need for stable affordable housing.
Therefore, an achievable goal of adding 10 housing opportunities for formerly homeless residents per year will provide needed affordable housing for Extremely Low Income (ELI) individuals and households in the City.
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19 Projects
RV Safe Parking Pilot Program
On July 17, 2018, the City Council authorized the City Manager to enter into a License and Grant Agreement with Project WeHOPE to operate an RV Safe Parking Pilot Program for a one-year term at 1798 Bay Road. The expectation of the pilot program is that Project WeHOPE will provide wraparound services and work with participants to identify long-term housing solutions.
It is expected that the RV Safe Parking Pilot Program were serve up to 20 individuals at any given time. However, with Project WeHOPE providing on-site services, the City’s goal is to house at least 30 individuals/families in 2019.
ACTION 4.1: Finalize agreements with Project We Hope for the Safe Parking Program.
ACTION 4.2: Complete site improvements for the Safe Parking Program.
ACTION 4.3: Implement safe parking program with Project We Hope.
Strategies
County Coordination
As described above, the County oversees the majority of resources and programs that respond to homelessness in the region. However, to ensure that homeless residents in the City receive as many available services as possible, staff recommends additional, intentional coordination between the City and County. As a result, City staff will increase engagement and knowledge of current local activities, including quarterly County results that may be shared with City Council and potential gaps that may benefit from City involvement.
ACTION 4.4: Coordinate with the County to monitor homeless activity.
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20 GOAL 5 | Re-establish the City’s Inclusionary Housing Ordinance.
In consideration of recent legislative changes, the City’s Housing Impact Fee and Inclusionary Housing Programs will be clarified and potentially modified to provide direction and transparency for future affordable housing development.
The City currently has two affordable housing programs that may apply to new planning applications for residential developments: the Inclusionary Housing Ordinance and Housing Impact Fee. However, the fact that both programs may be applied to any new development creates confusion and uncertainty for both developers and the City.
Inclusionary Housing Ordinance
The City has a long history of administering an Inclusionary Housing Ordinance. The City’s inclusionary program generally requires that, in market-rate developments of 5 or more units, 15% of the units be made affordable to income eligible buyers/renters. Further, the Inclusionary Housing Ordinance provides alternative ways that the developer may meet this requirement, including payment of an inlieu fee and construction of affordable units off-site.
Housing Impact Fee
In response to Palmer v. City of Los Angeles, which prohibited the assessment of inclusionary requirements on new rental developments, the City Council adopted Resolution 4539, which adopted a Housing Impact Fee to be assessed on new, market-rate housing (July 2014). The Housing Impact Fees for FY 2018-19 are assessed as follows:
• Rental Units - $25.35 sq/ft
• Single-Family Infill (Ownership) - $36.22 sq/ft
• Townhome (Ownership) - $34.78 sq/ft
• Stacked/Flat Condos (Ownership) - $50.98 sq/ft (outside RBD); $67.62 sq/ft (inside RBD) The Housing Impact Fee is codified in the East Palo Alto Municipal Code, Chapter 18.38- Affordable Housing Impact Fee- Residential Development.
It is worth noting that the City’s current Housing Impact Fee Program does allow developers of forsale housing to build 20% of the project’s number of units as moderate-income on-site rather than pay the Housing Impact Fee. However, due to the structure of the Housing Impact Fee program, the value of the collected Impact Fee per square foot is insufficient to replace the value and cost of additional on-site units.
The total of Impact Fees collected will not be enough to produce a sufficient number of units; not close to achieving the 20% that is offered as an alternate in the Housing Impact Fee Program.
Therefore, it is highly likely that developers will elect to pay the Impact Fee rather than building any
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21 on-site units. In addition, this option does not ensure that any units would be restricted as affordable for low-, very-low, or extremely-low income residents.
Staff recommends that City Council re-establish an Inclusionary Housing Ordinance, which could include an in-lieu fee option, in place of the current Housing Impact Fee Program. City Council direction and input is critical for staff to develop a new inclusionary program that produces both onsite units and resources that are sufficient to build additional affordable housing.
California Assembly Bill (AB) 1505
AB 1505 was introduced on February 17, 2017. The legislation:
1. Explicitly authorizes cities and counties to adopt ordinances that require, as a condition of the development of residential rental units, that the development include up to 15% of residential rental units to affordable to moderate-income, lower-income, very low-income, or extremely low-income households;
2. Clarifies the Legislature’s intent to supersede the court decision in Palmer v. City of Los Angeles, thereby making inclusionary housing requirements apply to rental developments; &
3. Requires any such ordinance to provide alternative means of compliance, such as in-lieu fees, land dedication, off-site construction, or acquisition/rehab of existing units.
On September 29, 2017, the Governor signed AB 1505, which went into effect on January 1, 2018. As a result, the City may now impose an Inclusionary Housing obligation on all new residential developments.
City Council has expressed interest in establishing a new Inclusionary Housing Ordinance that would govern for both rental and for-sale development, and staff recommends a process below to establish this new/updated Ordinance. In the meantime, for the sake of clarity, staff recommends that the current Housing Impact Fee schedule govern for any developments that pull building permits before the new/updated Ordinance is established.
Strategies
Study Session on Inclusionary Housing and Housing Impact Fee Programs City Council may schedule a Study Session to review options and provide clarification and direction regarding the City’s Inclusionary Housing and Housing Impact Fee Programs. Following this discussion, staff would return to Council with a comprehensive set of recommendations.
ACTION 5.1: City Council to host a Study Session first or second quarter 2019.
ACTION 5.2: Return to City Council with options regarding how the new Inclusionary Housing Ordinance could be structured.
ACTION 5.3: Finalize changes to the Inclusionary Housing Ordinance.
ACTION 5.4: Draft comprehensive program guidelines for the Ordinance.
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Packet Pg. 430 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
22 GOAL 6 | 50 Additional 2nd Units.
The City will increase the number of approved Accessory Dwelling Units (ADU) by 10 per year for each of the five (5) years of the Strategy.
Since 2014, zoning amendments allowed the City to facilitate greater 2nd Unit development, and the City has approved approximately 80 ADUs. Currently, Rebuilding Together Peninsula is utilizing funds from Facebook to convert several garages to create safe living environments for some of the City’s most vulnerable families. Staff feels that ADUs and, more specifically, garage conversions provide opportunities to create additional housing options in the City. However, their small scale and individual nature do not create the economies of scale provided by developing affordable apartments. When compared with other types of affordable development, garage conversions are more cost effective, on average, at approximately $25,000 per unit.
Projects
2nd Unit Task Force
The City Council created the 2nd Unit Task Force
in 2016 to seek ways to minimize displacement,
encourage legal 2nd Units, and facilitate the
transition of 2nd units without permits into
compliance. The Taskforce has met several times
since May 2017, and several project applications
are currently under consideration.
Accomplishments to date include:
ü Updated the City Ordinance to allow maximum 30 days before vacating a red tagged unit ü Organized and did outreach for two community informational meetings to describe the planning and building requirements for second units
ü Presentation on Anti Displacement Services from El Concilio ü Presentation on Code Enforcement Best Practices from San Mateo County Health Department
ü Presentation on Code Enforcement from Christopher Gale, former East Palo Alto Chief Building Official
ü Prepared a Draft Scope of Work (RFP) for Anti Displacement Assistance ü Presentation on Report from Displaced Tenants Workgroup ü Presentation from Josh Abrams, from 21 Elements on encouraging ADUs ü Discussion of Draft Priorities and recommendations
ACTION 6.1: Convene 2nd Unit Task Force to finalize recommendations to the City Council.
ACTION 6.2: Continue to convene the monthly ADU Check-In meetings in which City Staff, Rebuilding Together, and community stakeholders meet to discuss specific ADU projects.
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Packet Pg. 431 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
23 Strategies
Work with the Housing Trust of Silicon Valley
The Housing Trust of Silicon Valley’s (Housing Trust) newest pilot program - Small Homes, Big Impact - will bring to life the affordable homes made possible by California SB 229 and AB 494. ADUs present an innovative opportunity to add affordable rental homes in the City, as their small size allows them to be built on existing sites that are otherwise unsuitable for larger multifamily developments, and their construction costs are lower than most housing types.
Small Homes, Big Impact guides homeowners through the many steps it takes to actually complete an ADU. Through workshops, homeowners are taught everything they need to know from site analysis, to construction, to renting their ADU, including becoming a landlord – potentially one that must follow affordability restrictions. After completing workshops, eligible homeowners will be able to apply for financial support in the form of a grant to cover site assessments and loans for construction.
City staff has been in contact with the Housing Trust and is in preliminary discussions for the Housing Trust to host an ADU workshop this year.
ACTION 6.3: Hold an ADU workshop/meeting by the end of 2018; conduct extensive outreach to all potential communities and interested parties.
Identify potential funder to support ADU and garage conversions Although there is significant activity in the area of developing ADUs, a dedicated funding source to fund ADUs and garage conversions would be beneficial. Staff recommends that the City seek funding to create a local resource for City-specific garage conversions and a qualified partner to manage the fund.
ACTION 6.4: Identify potential funding sources for ADUs and garage conversions.
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Packet Pg. 432 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
24 Goal 7 | 50 Housing Rehabilitations or Solar/Electric Vehicle Installations for Single Family Owner-Occupied Homes.
The City will utilize Housing Rehabilitation Programs and partnerships to increase the number of single-family home rehabilitations and/or installations of solar energy systems and electric vehicle (EV) charging stations.
At this time, non-profit organizations are actively working to provide housing rehabilitation services to long standing City residents who own their home but are not able to afford to correct critical, life-threatening issues within their home.
Housing Rehabilitation programs were commonly offered by local governments when Redevelopment funding was
available. The programs are labor-intensive but serve a critical need. Ideally, the City would not administer a program moving forward, but would work with non-profit partners to increase funding for these activities in East Palo Alto.
Habitat for Humanity of Greater San Francisco established a program in the City that targets residents who have owned their home for longer than 10 years. With a significant increase in activity over the past two years, Habitat for Humanity has assisted 50 income-eligible owners in East Palo Alto with critical home repairs of items such as aging or damaged roofs, siding, plumbing, and appliances. In addition, Habitat for Humanity has completed repairs on 10 community facilities in East Palo Alto.
Grid Alternatives (GRID) has utilized funding from Facebook, and the Chan Zuckerberg Initiative (CZI) has installed solar systems for 32 income eligible households in East Palo Alto. In addition, GRID has secured additional funding to install up to 15 EV charging stations for eligible families in East Palo Alto and Menlo Park.
Strategies
Philanthropic Support for Owner-Occupied Home Rehabilitation Activities and Installation of Solar Energy/EV Charging Systems
Staff has identified a number of potential philanthropic options that could lead to additional funding for increasing the number of housing rehabilitation projects and installation of solar energy/EV charging systems in owner-occupied homes in the City.
ACTION 7.1: Identify potential philanthropic funders for increasing owner-occupied rehabilitation and solar/EV projects.
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Packet Pg. 433 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
25 GOAL 8 | Add Capacity for Stewardship + Monitoring of the City’s Affordable Housing Assets.
Through an RFP Process, a contracted entity will ensure ongoing monitoring and overall stewardship of the City’s existing portfolio of affordable housing.
The City’s affordable housing stock is comprised of two types of units: home ownership units subject to resale restrictions; and rental units subject to a regulatory agreement.
Home-Ownership Units
The current stock of affordable homeownership units may have been provided as a result of former Redevelopment Agency assistance or market rate developer obligations to create a certain number of inclusionary units. These homeownership units typically have a resale restriction agreement between the City (as the successor to the former Redevelopment Agency) and the homeowner. The resale restriction agreement regulates the price at which the homeowner may resell the property and gives the City an option to purchase the home if the homebuyer is selling the home. The homeownership units would typically also have a promissory note in favor of the City and a deed of trust securing the note. In some instances, the City has multiple promissory notes and deeds of trust because the City provided down payment assistance loans, closing cost loans, and purchase price assistance loans. The homeowner’s specific obligations will depend upon the form of Resale Agreement that the former Redevelopment Agency used with each project.
Since 2011, when the City eliminated several positions tied to the City’s affordable housing program, the affordable units referenced above have not been monitored in a comprehensive fashion.
Therefore, when owners of the inclusionary homes need assistance with a refinance, loan subordination, or to sell their unit to an income eligible purchaser, the City’s ability to facilitate the transaction is limited.
Rental Units
Most of the rental units were assisted by the former Redevelopment Agency, and, as a condition of that assistance, the project owners are required to maintain a certain number of the rental units affordable to very low-, low- or moderate-income households. The exact number of required affordable units and the affordability levels are set out in the regulatory agreement.
The City currently has four rental projects with affordable housing units that are restricted by regulatory agreements. All of the developments were assisted with Redevelopment Agency funds.
Under the Redevelopment Law, which remains in effect and applies to the City as the housing successor to the former Redevelopment Agency, the City is required to monitor Redevelopment Agency assisted affordable housing. For rental housing, the regulatory agreements for the developments require that the property owners submit an annual monitoring report to the City. The annual report must include a statistical report, detailing household size, income, and rent. Each of the existing Regulatory Agreements includes the date by which the annual report must be submitted.
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Packet Pg. 434 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
26 Peninsula Park
The Peninsula Park project was funded in part by mortgage revenue bonds issued by the City, authorized by the California Debt Limitation Allocation Committee (“CDLAC”). Under the terms of the CDLAC allocation, the City is required to submit information to CDLAC regarding the continued affordability of the units at Peninsula Park annually. The owner of Peninsula Park, BRIDGE Housing Corporation, is required to submit quarterly reports to the City regarding compliance with the bond covenants (January 1, April 1, July 1, and October 1), in a form that is attached to the Bond Regulatory Agreement. Based on these reports, the City is required to complete a compliance certification required by CDLAC, using CDLAC’s online system (2016).
Strategies
To build capacity for affordable housing stewardship and monitoring, the City could issue a Request for Proposals (RFP) to identify an organization to assist with monitoring and overall stewardship of the City’s affordable housing portfolio. The selected entity would be responsible for:
§ Conducting the necessary research to ensure the City has all relevant legal documents for each transaction;
§ Annual monitoring; and
§ Coordination of each transaction, including refinances, sales, etc.
For rental developments, the selected entity would:
§ Submit their report within 45 days of the end of each fiscal year. For Bay Oaks, the annual report is due on June 30th of each year; for Peninsula Park, the annual report is due on March 30th of each year; for Nugent Square Apartments the annual report is due no later than March 30th of each year.
Upon receipt of the annual report, the City should review to ensure that the project is in compliance with the requirements of the regulatory agreement. The City is not required to verify the information provided by the project owner, but some cities do occasionally review the property owners’ records to ensure that the reports are accurate. The review may consist of reviewing a sampling of tenant files rather than a complete review.
ACTION 8.1: Issue RFQ to identify potential partners.
ACTION 8.2: Review and evaluate proposals.
ACTION 8.3: Return to City Council with a recommendation to award.
ACTION 8.4: Enter into contract with consultant to administer the existing BMR Program.
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Packet Pg. 435 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
27 Goal 9 | Transparency + Reporting
To demonstrate responsible stewardship and a commitment to developing the City’s potential housing resources, staff recommends a series of reporting actions that will lead to transparency and regular coordination with decision-makers, partners, and the community.
ACTION 9.1: Create a dashboard that will track all the goals and objectives of the Strategy; update and post to the City’s website on a quarterly basis.
ACTION 9.2: Provide semi-annual formal updates to the City Council.
ACTION 9.3: Report updated status of revenues and expenditures related to affordable housing developments.
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Packet Pg. 436 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing EAST PALO ALTO AFFORDABLE HOUSING STRATEGY 2019-2023
Approved October 16, 2018
28 GOAL 10 | Increase City’s Voice in Housing Advocacy Efforts The housing crisis is created by other cities and the region developing more jobs than housing units. Controlled for size, East Palo Alto is a leader in the provision of affordable housing. East Palo Alto also experiences the housing crisis acutely through displacement, homelessness, overcrowding, and overpayment for housing. East Palo Alto needs to play a larger role in housing policy and advocacy to expand and preserve the affordable housing in East Palo Alto, and to provide constructive solutions for the larger regional
problem.
ACTION 10.1: Support local, county, regional, state, and federal legislation that will expand affordable housing. Explore options to address the root of the housing crisis such as making balanced job growth a CEQA finding.
ACTION 10.2: Pursue local, philanthropic, county, regional, state, and federal affordable housing funds to support East Palo Alto’s goal of 500 net new affordable rental units.
ACTION 10.3: Comment on relevant local General Plans and other development plans that exacerbate the housing crisis.
ACTION 10.4: Explore opportunities to increase capacity of tenants in East Palo Alto to be constructively engaged in affordable housing efforts.
ACTION 10.5: Increase East Palo Alto’s efforts to be active participants in the public dialogue regarding the housing crisis through speaking engagements, op-eds, and other methods.
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Packet Pg. 437 Attachment: Affordable Housing Strategy 2019-2023 (2605 : Funding for Affordable Homeownership Opportunities as an Affordable Housing Attachment 2
Affordable Housing Preservation Challenges and Goals
Currently, the City of East Palo Alto faces several challenges to housing affordability:
1. Large Single-Family Housing Stock, High Sales Prices, and Few Ownership Opportunities
The housing stock of East Palo Alto in 2020 was made up of 58.2% single family homes,
3.4% multifamily homes with 2 to 4 units, 36.6% multifamily homes with 5 or more units, and 1.9% mobile homes (see Figure 1). While segregation, redlining, and predatory lending have been legally prohibited, the impacts of race-based policy are still evident in East Palo Alto. East Palo Alto single-family homes on average cost $400,000 less than single family homes countywide (see Figure 2).1 Between 2012 and 2021, median single family home prices rose from $285,000 to $1,030,000 in East Palo Alto.2 An average East Palo Alto household with a median household income of $96,349 cannot afford present-day home prices.3 Indeed, East Palo Alto has a large renter population, with 26.4% or 1,555 of detached single-family home units and 81.8% or 216 of attached single-family homes being renter-occupied, and 94% of multi-family housing (2+ units) being renter-occupied (see Figure 3).
Figure 1: Housing Type Trends
Source: Figure 19: Housing Type Trends, Housing Needs Data Report: East Palo Alto, ABAG/MTC Staff and Baird+Driskell Community Planning, April 20, 2021; California Department of Finance, E-5 series. 1 According to Redfin, in January 2023, the median sales price in East Palo Alto was $1,000,000, compared to the median sales price of $1,485,000 countywide. 2 David Rosen and Associates report, January 18, 2022.
3 2017-2021 American Communities Survey (ACS) 5-year estimates, available at:
https://www.census.gov/quickfacts/eastpaloaltocitycalifornia.
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Packet Pg. 438 Attachment: Affordable Housing Preservation Challenges and Goals (2605 : Funding for Affordable Homeownership Opportunities as an Figure 2: Home Values by Geography
Source: Figure 24: Zillow Home Value Index, Housing Needs Data Report: East Palo Alto, ABAG/MTC Staff and Baird+Driskell Community Planning, April 20, 2021; Zillow.
Figure 3: Housing Tenure by Housing Type
Source: Figure 17: Housing Tenure by Housing Type, Housing Needs Data Report: East Palo Alto, ABAG/MTC Staff and Baird+Driskell Community Planning, April 20, 2021; U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25032.
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Packet Pg. 439 Attachment: Affordable Housing Preservation Challenges and Goals (2605 : Funding for Affordable Homeownership Opportunities as an
2. High Rents Relative to Incomes
55.6% of the 4,648 renter households are cost burdened by rental housing paying over 30% of income (with 29.4% of renter households paying over half their income for rent) which is detrimental to well-being of community members and reduces the ability to save for home purchase. As shown in Figure 4 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 renter households in East Palo Alto have a high housing cost burden.
Figure 4: 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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Packet Pg. 440 Attachment: Affordable Housing Preservation Challenges and Goals (2605 : Funding for Affordable Homeownership Opportunities as an
3. Aging Properties
Large portions of the City’s housing stock is aging. In East Palo Alto, the largest proportion of the housing stock was built 1940 to 1959, with 3,262 units constructed during this period (see Figure 5). Since 2010, 1.5% of the current housing stock was built, which is 128 units. Aging housing stock impacts habitability conditions, energy efficiency, and weather resiliency.
Figure 5: Housing Units by Year Structure Built
Source: Figure 20: Housing Units by Year Structure Built, Housing Needs Data Report: East Palo Alto, ABAG/MTC Staff and Baird+Driskell Community Planning, April 20, 2021; U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019(, Table B25034.
4. Complaints of Substandard Housing
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 west of U.S. 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.
Notwithstanding the foregoing challenges, affordable housing preservation can help address housing affordability, housing quality, and other factors that may contribute to displacement.
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Packet Pg. 441 Attachment: Affordable Housing Preservation Challenges and Goals (2605 : Funding for Affordable Homeownership Opportunities as an Attachment 3: Affordable Housing Preservation Funding Recipients Funding Source Recipient
Golden State Acquisition Fund
Nonprofit or for-profit corporations,cities, counties, and other public agencies within California, and joint venturescomprised of such entities, with a track record of developing affordable housing.
Foreclosure Intervention Housing Preservation Program Nonprofit developers, CLTs Project Homekey Local governments receive awards; subgrant to borrowers HOME Investment Partnerships Program
The program provides grants to cities and counties and lowinterest loans to developers, including Native American Entities and state-certified CHDOs operating in State-eligible
jurisdictions.
Community Development Block Grant (CDBG)
The program provides grants to cities and counties and lowinterest loans to developers, including Native American Entities and state-certified CHDOs operating in State-eligible
jurisdictions.
Affordable Housing Fund Nonprofit developers, including CDCs and CLTs Community Housing Fund Nonprofit developers, including CDCs and CLTs Supportive and Transitional Housing
Nonprofit developers, including CDCs and CLTs, Mission driven developers
Affordability Preservation and Production
Nonprofit developers, including CDCs and CLTs, Mission driven developers
Workforce Housing
Nonprofit developers, including CDCs and CLTs, Mission driven developers
Enterprise-Level Line of Credit
Nonprofit developers, including CDCs and CLTs, Mission driven developers
Bay Area Transit-Oriented Affordable Housing (TOAH) Fund:
Predevelopment Loan
Nonprofit or for-profit corporations, municipal agencies and their joint venture entities or affiliated limited partnerships or limited liability companies.
Bay Area Transit-Oriented Affordable Housing (TOAH) Fund:
Acquisition Loan
Nonprofit or for-profit corporations, municipal agencies and their joint venture entities or affiliated limited partnerships or limited liability companies.
Community Development Financial Institutions (CDFI's)
Generally speaking: Nonprofit and mission-driven for-profits. Not local governments.
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Packet Pg. 442 Attachment: Affordable Housing Preservation Funding Recipients (2605 : Funding for Affordable
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Melvin Gaines, City Manager
SUBJECT: 40th Anniversary Follow Up Report
Recommendation
Adopt a resolution:
1. Appropriate an additional amount of general funds, not to exceed $100,000, complementing the $50,000 already appropriated on March 7, 2023 to fund the City’s 40th Anniversary celebrations; and
2. Select a motto and logo commemorating the 40th Anniversary celebration.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 7: Enhance Community Services and Parks
Background
On March 7, Staff presented a report to the City Council detailing its efforts to host the 40th Anniversary celebration of our City’s incorporation. Staff presented options and recommended that the City Council adopt a resolution:
1. Appropriating $150,000 in general fund monies for planning and execution of the 40th Anniversary celebration;
2. Providing direction to staff concerning the most appropriate motto to commemorate the City’s celebration; and
3. Appointing a steering committee, comprised of elected officials and community members.
9.4 Packet Pg. 443
On June 7, 2022, the Council committed to using $50,000 of the City’s American Rescue Plan Act (ARPA) funds for the City’s 40th anniversary celebration; however, on March 7, 2023 staff recommended that the City not use ARPA funds for the City celebration. Instead, staff proposed that the City appropriate up to $150,000 in general funds for the City celebration and to appropriate the $50,000 of ARPA funds at another time toward another City activity to be determined. The funds the Council would appropriate for the City celebration would be the maximum that the City would spend on the celebration; however, the celebration’s steering committee intends to fundraise for the celebration in order to reduce the costs to the City.
During its March 7 regular meeting, the Council discussed appropriating between $75,000 and $150,000 in general funds for the City celebration. Ultimately, the Council appropriated $50,000 to the City celebration so that the City could enter agreements with selected vendors and directed staff to return on March 21 to discuss additional appropriations for the City celebration, presumably when all Council-members would be present. The Council also deferred a decision on the City motto and logo for the celebration until March 21; however, approved the steering committee membership that staff proposed.
Analysis
To properly honor the 40th Anniversary of our city’s incorporation, the events that surround July 1, 2023 should reach a level that brings our residents together. If we plan to celebrate with events, the planning and operations must begin immediately. However, to ensure we are remaining fiscally responsible, Staff is presenting multiple plans to execute the type of events that Council desires. The options below contain recommended appropriations based on the fact that the Council has already appropriated $50,000 for the event.
1. Alternative Plan 1 ($75,000) - This would require an additional $25,000 appropriation.
• Host smaller block party exclusively at local organization instead of a full block party.
• Conduct evening celebration with charge for attendees ($100 per person). • Reduce scope of activations at celebration (one musical performance total).
2. Alternative Plan 2 ($100,000) - This would require an additional $50,000 appropriation.
• Contain block party to Bay Road/Cooley Landing.
• Involve one larger performance act at evening celebration or Block Party and mid-tier artist at both events.
• Increase cost of table sponsorship to offset expenses related to evening celebration.
•
40th Anniversary Motto
With most celebratory milestones, it is appropriate to attach a moniker that will provide a theme to the events. Staff has received council’s comments and are returning with a final list for the Council to consider. With this recommendation, Staff will apply the motto to the 40th Anniversary logo concepts previously proposed that would appear beneath the words “City of
9.4 Packet Pg. 444
East Palo Alto”.
1. “Four-ever Forward”
2. “Soul of the Peninsula (or The Peninsula’s Soul)”
3. “Soul of Silicon Valley”
“Building the Just City” (New Addition; Community Member): A motto that stands strong and highlights East Palo Alto’s historical struggle to build a just City and could provide a vision that all residents new or old may want to identify with.
Fiscal Impact
Staff’s recommendation would require an additional $100,000 investment from the General Fund to complement the $50,000 that Council previously set aside for a grand total of $150,000. Staff and Steering Committee will also be seeking outside sponsorship opportunities to offset any of these costs subject to Council direction.
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 in East Palo Alto, CA.
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. 40th Anniversary Staff Report (Final)
2. 40th Anniversary Follow Up Resolution (Final)
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EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
SUBJECT: 40th Anniversary Celebration Planning & Launch Recommendation
Staff recommends that the City Council adopt a resolution:
1. Appropriating $150,000 in general fund monies for planning and execution of the 40th Anniversary celebration;
2. Providing direction to staff concerning the most appropriate motto to commemorate the City’s celebration;
3. Appointing a Steering Committee, comprised of elected officials and community members.
This recommendation is primarily aligned with:
Priority No. 7: Enhance Community Services and Parks
Background
The community of East Palo Alto fought for incorporation multiple times during its existence due to the hardworking, enterprising, and determined nature of its residents. That continued effort culminated with the City’s incorporation on July 1st, 1983. There have been several milestone years to celebrate this monumental effort. While there is a much longer history of East Palo Alto than four decades can contain, there is a need to highlight the work that was done to bring this City stability and independence. As our City is known for its great levels of diversity and strength, there is time for celebration along with the continued work of sustaining East Palo Alto as a jewel of the Peninsula.
Appropriation Request
On June 7, 2022, the City Council adopted FY2022-23 budget at that time, City staff recommended that the Council approve a $50,000 set aside amount from the American Rescue Plan Act (ARPA) fund to contribute towards the planning and execution of the City’s 40th anniversary celebration. The estimates for the event are higher than expected, and staff believes that $150,000 may be needed for the event. Furthermore, due to belief that a celebratory event may not be an eligible use of ARPA funds, staff proposes to use general fund monies for 40th anniversary event expenses and to use ARPA funds for other existing City services that would otherwise be paid for with general fund monies. Staff will return to Council with alternative uses for the $50,000 ARPA funds to request appropriation.
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Packet Pg. 446 Attachment: 40th Anniversary Staff Report (Final) (2603 : 40th Anniversary Follow Up Report) Direction on the City Motto
A commonly known motto of East Palo Alto is “The City on a Move.” Staff will produce various keepsakes, posters and other items to commemorate the City’s 40th anniversary, and staff requests council direction on what motto or tagline should be used.
Appointment of a Steering Committee
Staff desires to involve community members and councilmembers in the planning and execution of this event. This will help the event better represent the vision of our diverse community. Staff requests council’s direction on the make-up of the steering committee.
Analysis
To continue in this tradition, the City is seeking to mark the 40th year of our incorporation with a day of celebration coupled with history marking events that honor the past and seek to drive us in to the future. For us to do so properly, staff is proposing multiple inclusive events that will provide a grand experience that will be memorable until the City reaches the milestone of half a century in 10 years. This will require the efforts of multiple organizations, individuals, and professionals.
Estimated Cost
To put on a successful event, staff is recommending a $150,000 investment from the City to host these events. Staff will also be placing significant effort on seeking sponsorship opportunities to offset any of these costs with the intention of returning funds back to the City general reserve.
Below is a table that demonstrates the estimated expenses pertaining to conducting a memorable experience for our City. The deficit in the maximum cost will be addressed through sponsorship opportunities.
Description Estimated Minimum Cost Estimated Maximum Cost Event Services Vendors $32,500 $40,000
Parade Event $15,000 $25,000
Evening Celebration $50,000 $100,000
Miscellaneous $10,000 $20,000
TOTAL $107,500 $185,000
Retain Vendors for Event Services
On December 27, 2022 City staff issued a Request for Proposals from qualified Event Management Service vendors who could assist the City in its efforts to celebrate the 40th anniversary milestone of East Palo Alto incorporation. The desired vendor would be required to lead the following categories: Event Development, Layout, Timeliness, Communication, Marketing & Promotion, Sponsorship, Event Setup and On-Site, as well as Post-Event Operations. Through this process staff received two proposals by the January 30 deadline. Staff then went in to the review process and concluded with an joint interview of both proposed vendors. From this interview, it was identified that both organizations had distinct levels of experience in each event.
With this information, staff is recommending that Council approve the following vendors to negotiate and execute agreements with . A Monique Affair, headed by Chanda Daniels, is a boutique event planning firm that Staff seeks to retain to lead the efforts to develop an evening of
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Packet Pg. 447 Attachment: 40th Anniversary Staff Report (Final) (2603 : 40th Anniversary Follow Up Report) Celebration for our City. The final vision for the event will belong to East Palo Alto with the soonto-be appointed Steering Committee, as recommended below, working closely with the firm to make it an unforgettable experience.
Upbeat Parades led by Ray Pulver has conducted events throughout the US and is extremely knowledgeable about the processes of local government. Having managed everything from small celebrations to nationally televised parades, Staff recommends retaining Upbeat Parades to conduct an entertaining caravan through our City that culminates at one of our most culturally defining spaces.
Official City Motto
As our City is known for our constant efforts of forward progress, former Mayor Larry Moody and Councilmembers inspirationally dubbed East Palo Alto as the “City on the Move,” which continues to ring true to this day. To ensure that we are continuing to push into the future while honoring the significant efforts of our past leaders, Staff is seeking Council input on choosing an official City motto, one that owns our narrative and tells the story of who we are. For the Council’s consideration, staff offers the following:
1. City on the Move: This motto will forever be tied to East Palo Alto. A true representation of the fight forward and the nature of our community members. The progress never stops and 40 years of incorporation while always seeking improvement is who we are.
2. The Soul of Silicon Valley: Not just the gateway to one of the most well regarded and innovative places in the world, East Palo Alto is home to the backbone and most culturally diverse communities on the Peninsula. Soul is sewn into all our cultures and truly cements us as a driving force behind what keeps the Valley going.
3. Four-Ever Forward: Highlighting the great achievements of what our City has accomplished by focusing on the milestone of Four(ty). While continuing to acknowledge our on the move nature through Forward progress forever. This tagline stands for itself and can be continuously re-imagined throughout the years.
Appoint Celebration & Parade Steering Committee
To properly execute these events, City staff cannot be on an island. It will take the voices and expertise of several to properly recognize this monumental milestone. A steering community of elected officials and local organizations spanning all the cultural backgrounds that our City is known for as we rapidly approach July 1st, 2023 is listed below. The recommended committee is:
1. Mayor Lisa Gauthier
2. Vice Mayor Antonio Lopez
3. Nadine Rambeau (EPACenter Arts)
4. Eugene Jackson (Live in Peace)
5. Representative from Comite de Latino
6. Sharifa Wilson (East Palo Alto Community Archive)
7. Tiffany Uhila-Hautau (Anamatangi Polynesian Voices)
9.4.a
Packet Pg. 448 Attachment: 40th Anniversary Staff Report (Final) (2603 : 40th Anniversary Follow Up Report) Fiscal Impact
Staff is requesting additional appropriation in the amount of $150,000 from the General Fund replacing the previously recommended $50,000 funding from ARPA fund. Staff will return to Council with alternative uses for the $50,000 ARPA funds to request appropriation.
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 in East Palo Alto, CA.
Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
Attachments
1. Resolution
2. Event Services Vendor Proposed Scope of Work
3. RFP for Event Services Vendors
9.4.a
Packet Pg. 449 Attachment: 40th Anniversary Staff Report (Final) (2603 : 40th Anniversary Follow Up Report) Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX-2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
APPROPRIATE AN ADDITIONAL AMOUNT OF GENERAL FUNDS NOT TO EXCEED $100,000 TO FUND THE CITY’S 40TH ANNIVERSARY CELEBRATIONS; SELECT A MOTTO AND LOGO COMMEMORATING THE 40TH ANNIVERSARY
WHEREAS, the time has come to formally celebrate the fight for incorporation in East Palo Alto that culminated on July 1,1983 in the City obtaining it’s independence; to properly highlight the 40th year milestone of this occasion, the City seeks to mark this occasion with celebratory events; and WHEREAS, on June 7, 2022, the City Council appropriated $50,000 of general fund monies to fund the celebration; and
WHEREAS, on March 7, 2023, the City Council deliberated on staff’s recommendation concerning funding and planning options for the 40th Anniversary Celebration and decided to continue the item until the Council’s next regular meeting on March 21,2023, after providing direction to staff to proceed with contracts with certain vendors and approved the steering committee, as recommended by staff; and
WHEREAS, there are many great themes that our City can be recognized for, historically we have been known as the “The City on the Move”; an updated motto/moniker could be the defining factor for how we are described the next decade or longer; Staff is seeking Council direction on four final motto’s to connect with the 40th Anniversary milestone and branding the celebration with the most appropriate logo; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Appropriate an additional amount of general funds not to exceed $100,000, in addition to the complementing the $50,000 already appropriated on March 7, 2023 to support fund the City’s 40th Anniversary celebrations;
2. Direct staff to commemorate the celebration with the motto __________________; PASSED AND ADOPTED this 21st day of March 2023, by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
9.4.b
Packet Pg. 450 Attachment: 40th Anniversary Follow Up Resolution (Final) (2603 : 40th Anniversary Follow Up Report) Resolution No. XX
-20232 of 2
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
9.4.b
Packet Pg. 451 Attachment: 40th Anniversary Follow Up Resolution (Final) (2603 : 40th Anniversary Follow Up Report)