Resolution No. XX-2023 1 of 2
RESOLUTION NO. ____-2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
APPROVING AN INCLUSIONARY HOUSING ALTERNATIVE COMPLIANCE OPTION FOR A TWENTY-UNIT RESIDENTIAL DEVELOPMENT PROJECT AT 1201 RUNNYMEDE WHEREAS, on November 19, 2020, the City Council of the City of East Palo Alto (“City Council”) adopted Ordinance No. 425, adding Chapter 18.37 – Inclusionary Housing (“Ordinance”) to the City of East Palo Alto Municipal Code; and
WHEREAS, an application for a residential development consisting of twenty ownership/for-sale units on a vacant lot on 1201 Runnymede with APN 063-271-090 (“Project”), was submitted on February 6, 2023; and
WHEREAS, the Project is subject to the Ordinance, since it is a new residential development project; and
WHEREAS, the Project’s baseline inclusionary obligation is to provide four ownership/for-sale affordable units on-siter, with two units at an affordable sales price to a Median-Income Household and two units at an affordable sales price to a Moderate-Income Household; and WHEREAS, Section 18.37.080 of the East Palo Alto Municipal Code provides that an applicant of a residential development may choose from a list of an Alternative Compliance Options to meet the inclusionary obligation if the inclusionary requirement for the project is increased by 5% and this Alternative Compliance Option must be approved by the City Council; and WHEREAS, alternatively, Subsection (D) of section 18.37.080 of the East Palo Alto Municipal Code allows the Council to grant a residential development applicant “Other alternative compliance methods” but “only if the approval body determines, based on substantial evidence, that such alternative compliance will provide as many or more inclusionary units at the same or lower income levels or will otherwise provide greater public benefit than would provision of the inclusionary units onsite”; and WHEREAS, in lieu of the inclusionary obligation, as an Alternative Compliance Option for the project, the Developer proposes to provide one ownership/for-sale unit affordable on-site for a MedianIncome Household and one ownership/for-sale unit on-site for a Moderate-Income Household, and an In-Lieu Fee payment equal to three ownership/for-sale units in the amount of $570,000; and WHEREAS, the residential development applicant’s proposed alternative compliance option exceeds the baseline inclusionary housing obligation, includes onsite units, which is preferrable to a 100% in-lieu fee alternative compliance method, and as the onsite units will be deed-restricted in perpetuity for Moderate-Income Households it will assist the City to meet its affordable housing goals under Housing Element Law; and
WHEREAS, no Planning approvals or clearances may be issued for a residential project unless the inclusionary housing requirements are first met.
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NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct and are incorporated into this action by this reference;
2. Finds that the proposed Alternative Compliance Option for the Project to provide two affordable units on-site, one for a Median-Income Household and one for Moderate-Income Households, and an In-Lieu fee payment equal to three inclusionary units, satisfies the requirements of Section 18.37.080(D) of the East Palo Alto Municipal Code in that it provides as many or more inclusionary units at the same or lower income levels or will otherwise provide greater public benefit than would provision of the inclusionary units on-site;
3. Finds that the project 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; and
4. Authorizes the City Manager to execute all necessary documents, in a form approved by the City Attorney, associated with the inclusionary housing requirements of the Project.
PASSED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
Resolution No. XX-2023 3 of 2
James Colin, City Clerk John D. Lê, City Attorney