Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY VEHICULAR ACCESS EASEMENT AGREEMENT ON THE RAIL SPUR TRAIL FOR THE 965 WEEKS AFFORDABLE
HOUSING DEVELOPMENT PROJECT
WHEREAS, in 2009, the City of East Palo Alto (“City”) Redevelopment Agency purchased the property at 965 Weeks Street (Property) using Low- and Moderate-Income Housing Funds for the purpose of developing affordable housing on the Property; and WHEREAS, on November 8, 2018, the City Council selected the proposal submitted by MidPen Housing Corporation and EPACANDO (jointly, Developer) and directed the City Manager to execute an Exclusive Negotiation Agreement (ENA) with the Developer; and WHEREAS, the Property, also known as Colibri Commons, is proposed as a residential development of 136 units on a 2.52-acre City-owned site; and WHEREAS, as part of the project’s conditions of approval, the developer is required to obtain final approval and agreement with the City for the use of the Rail Spur Trail (“trail”) for an emergency vehicle access easement; and
WHEREAS, as part of the easement agreement, the developer will have access to a portion of the trail for an emergency vehicle access easement and a temporary construction easement will be established during the construction of the project; and WHEREAS, the developer will be responsible for emergency vehicle access improvement work on the trail and ongoing maintenance and repairs per the easement agreement.
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 by this reference into this action;
2. Authorizes the City Manager to execute the emergency vehicular access easement agreement with MP 965 Weeks Street Associates, L.P, granting an easement over a portion of the Rail Spur Trail, in a form approved by the City Attorney and substantially similar to Exhibit A; and
3. Finds that the action being considered was a condition of approval of a Design Review project (DR19-023) which was approved by the Planning Commission on December 16, 2019, and covered by a Mitigated Negative Declaration (MND) that was adopted for the project. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the MND determined that the project will not have a significant effect on the environment given the mitigation measures and mitigation monitory plan included and adopted for the approved project. A Notice of Determination was filed on December 19, 2019 in compliance with Section 21152 of the Public Resources Code for the approval of the project
Resolution No. XX-2023 2 of 2
PASSED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney