Project: msproj11
Date: Thu 1/9/25
148
ENGINEERING SERVICES TO DESIGN THE UNIVERSITY AVENUE GRAND CORRIDOR CSW ST2 | 41 09 / ADDENDUM ACKNOWLEDGEMENT
12/30/24
ADDENDUM NO.1, ACKNOWLEDGMENT
REQUEST FOR PROPOSAL –
UNIVERSITY AVENUE GRAND CORRIDOR PROJECT
City Project: CIP-SP-29
Proposer acknowledges receipt of this addendum, which shall be attached to the proposal.
Acknowledgment of receipt of this addendum is required in the space provided below.
Failure to acknowledge the addendum may subject the proposer to disqualification.
I, , representing have
carefully read this addendum, understand it, acknowledge receipt of it and will comply with its terms.
CONTRACTOR SIGNATURE DATE
Julia Harberson CSWST2
1/15/2025
149
303 Twin Dolphin Drive Redwood Shores, 6th Floor
Redwood City, CA 94065
www.cswst2.com
150
ODCs Total
Priniciple Project Manager
Urban
Design &
Outreach
Landscape
Architect
Landscape
Architect
Senior
Engineer Engineer 2 Engineer 1 Survey Manager Surveyor 2 Surveyor 1 Survey Field Crew Aerial Survey Biologist/C
ultural
Resources
Support
Pavement
Evaluation
Services
GPR/
Potholing
Traffic
Principle
Traffic
Project
Manager/
Engineer
Traffic
Technical
Support
Traffic Project
Coordinator
Robert
Stevens
Julia
Harberson
Jesse Maran
Marcia
Vialliar
Varies Varies Varies Varies
Josh
Woulbing
Name Varies Varies
Aerial
Survey Varies Varies Varies Matt Hayes Varies Varies Varies $277 $247 $233 $247 $161 $207 $180 $148 $247 $180 $148 $350 LS LS LS LS $375 $185 $275 $165 1 Project Management 40 100 24 24 - 80 - - - - - - 268 $63,860 - - - - - - - - $0 $63,860 2 Public Outreach and Coordination 4 24 184 124 164 57 2 20 - - - - 579 $122,059 - - - - 2 22 - 2 $5,150 $127,209 3 Conceptual Design - 55 190 150 288 119 56 20 6 118 110 130 1242 $263,448 13900 - - - 36 232 20 42 $68,850 $332,298 4A 50% Design 20 69 8 16 8 185 170 220 - - - - 696 $131,142 - 20000 - - 18 410 37 61 $122,840 $253,982 4B 100% Design 10 34 8 4 8 16 70 60 - - - - 210 $40,100 - - - - 10 350 25 49 $83,460 $123,560 4C Bid Package - 20 - 30 - 30 40 50 - - - - 170 $33,160 - - - - - - - - $0 $33,160 5 Reimbursables - $ 2,000 $ 10,000 - - - - - $ 2,500 - - - 0 $14,500 - - - - $ 8,000 - - - $8,000 $22,500 - - - - - - - - - - - - 0 $0 - - - - - - - - $0 $0 Proposal Subtotal 20,498$ 76,594$ 106,462$ 85,956$ 75,348$ 100,809$ 60,840$ 54,760$ 3,982$ 21,240$ 16,280$ 45,500$ 3165 $668,269 13,900$ 20,000$ -$ -$ 32,750$ 187,590$ 22,550$ 25,410$ 288,300$ 956,569$ Optional Services
A Fine-tuning Signal Timings and Coordination - - - - - - - - - - - - - $0 - - - - 16 80 20 16 $28,940 $28,940 B Adaptive Signal Task 1: Adaptive Signal System Feasibility Study - - - - - - - - - - - - - $0 - - - - 16 80 20 16 $28,940 $28,940 Adaptive Signal Task 2: Traffic Operation Comparison Study - - - - - - - - - - - - - $0 - - - - 8 140 30 22 $40,780 $40,780 Adaptive Signal Task 3: Adaptive System Manufacturer Showcase - - - - - - - - - - - - - $0 - - - - 16 60 - 10 $18,750 $18,750 Adaptive Signal Task 4: Design and Implementation Support - - - - - - - - - - - - - $0 - - - - 16 320 80 48 $95,120 $95,120 C Pavement Deflection Testing - 4 - - - 8 - - - - - - 12 $2,644 - - 100000 - - - - - $100,000 $102,644 D Utility Locating - 2 - - - 8 8 - - - - - 18 $3,590 - - - 150000 - - - - $150,000 $153,590 E Utility Potholing (15 Locations) - 2 - - - 4 8 - - - - - 14 $2,762 - - - 100000 - - - - $100,000 $102,762 Total Optional Services $0 $1976 $0 $0 $0 $4140 $2880 $0 $0 $0 $0 $0 44 $8,996 $0 $0 $100000 $250000 27,000$ 125,800$ 41,250$ 18,480$ 562,530$ $571,526 Total Including Optional Services 20,498$ 78,570$ 106,462$ 85,956$ 75,348$ 104,949$ 63,720$ 54,760$ 3,982$ 21,240$ 16,280$ 45,500$ 3209 $677,265 13,900$ 20,000$ 100,000$ 250,000$ 59,750$ 313,390$ 63,800$ 43,890$ $850,830 $1,528,095 Total FeeTask # Task Description
Total
Hours
Total Labor Costs
Other Direct Costs
Attachment 2 - Cost Proposal
City of East Palo AltoRFP for the University Avenue Grand Corridor ProjectCSWST2 Tasks Labor Subconsultants
151
CONSENT ITEM 3.6
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Jessica Y Caballero, Senior Accountant
SUBJECT: Monthly Cash Treasury Report for January 2025
Recommendation
Accept and file the Cash Treasury Report for the month of January 2025.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 4: Ensure Our Financial and Organizational Health Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments, the monthly reporting provides a snapshot of overall cash receipts, transfers, and disbursements.
Analysis
The Monthly Cash Treasury Report (“Report”) covers cash and investments of the City in the four cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, California State Local Agency Investment Fund, and the California Asset Management Program (CAMP). The Report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City 152
CONSENT ITEM 3.6
cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records. Monthly cash transactions for the monthly period ending January 31, 2025, are as follows:
The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance increased by approximately $1.2M compared to the balance as of December 31, 2025.
January receipts, a total of approximately $6.8M, consist of Redevelopment Property Tax Trust Fund Recognized Obligation Payment Schedule ($1.8M), Current Secured Tax ($1.3M), Excess Educational Revenue Augmentation Funds ($0.8M), HDL business license administration ($0.6M), other tax distributions ($0.4M), Meta Platforms donation ($0.3M), Veolia water vendor ($0.2M), Four Seasons Hotel Transient Occupancy Tax ($0.2M), Road Maintenance & Rehabilitation and Highway Users Tax ($0.1M), and other various receipts.
January disbursements, a total of approximately $6.0M, primarily consist of Payroll costs ($1.2M), C2R Engineering, Inc. For University Avenue and Weeks Street watermain project ($1.4M), MCM Construction Inc. for University Avenue and Highway 101 overcrossing ($1.0M), Recology for FY24-25 Q2 refuse collection and recycling services ($0.8M), Ranger Pipeline, Inc. for East Palo Alto Sanitary Sewer replacement project ($0.3M), Kaiser Foundation Health Plan ($0.2M), Noll & Tam Architects for design and bid support services for East Palo Alto Library project ($0.1M), and other recurring operating expenditures.
The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest1:
Local Agency Investment Fund (LAIF) average monthly effective yields were 4.366% in January compared to 4.434% in December 2024. San Mateo County monthly gross earnings for January were 4.139% compared to 3.874% in December 2024. The estimated County Pool earnings for FY 24-25 are at 3.85%. As of January 2025, the current annualized yield for California Asset Management Program (CAMP) is 4.55% compared to 4.65% in December 2024.
1 Daily US Treasury Yield Curve. Treasury.gov
Account Beginning
Balance Receipts Disbursements Interest Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 3,356,115.41 4,426,948.88 (6,079,384.85) - 4,200,000.00 5,903,679.44 LAIF 10,219,875.42 - - - 118,820.98 10,338,696.40
San Mateo County Pool 34,336,687.37 2,385,592.06 - - (4,200,000.00) 32,522,279.43 CAMP 102,068,018.36 - - 394,540.41 - 102,462,558.77
Total 149,980,696.56 6,812,540.94 (6,079,384.85) 394,540.41 118,820.98 151,227,214.04 Jan-25 Dec-24 Jan-24
6-Month Treasury Bill 4.16 4.13 5.00
2-Year Treasury Note 4.22 4.25 4.27
5-Year Treasury Note 4.36 4.38 3.91
153
CONSENT ITEM 3.6
Staff believes the City has investment liquidity and anticipated revenues to meet the City’s anticipated expenditure requirements for the ensuing six months.
The following table shows a breakdown of cash and investment balance by fund type.
The deposit market value totals $151,485,365 including an unrealized loss2 of $28,242, reflecting treasury yields during the calendar year. All except for the General Fund balance is restricted by either City Council or external parties for specific purposes. Unrestricted cash and investment balance under General Fund ($43,579,703) may be used at Council discretion.
Fiscal Impact
None. This report is informational.
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 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.
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
2 Investment Fair Market Value (FMV) factor is provided on a quarterly basis. Thus, as of December 31, 2024, FMV factor is used to calculate Unrealized Gain on Investments.
Deposit Value Market Value
General Fund (Inc. Petty cash of $10,800) $ 43,579,703 $ 43,579,703 General Sub-Funds (Commited/Reserved) $ 18,056,018 $ 18,056,018 City Funds Restricted and Committed $ 87,563,437 $ 87,563,437 Successor Agency Trust $ 2,314,450 $ 2,314,450
Unrealized Gain/(Loss) on Investment Pools $ - $ (28,242) $ 151,513,607 $ 151,485,365
Summary January 31, 2025
154
CONSENT ITEM 3.6
Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.
Analysis of Levine Act Compliance: Not applicable.
155
CONSENT ITEM 3.7
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Senior Engineer
Humza Javed, Public Works Director
SUBJECT: East Bayshore Road Pedestrian and Cyclist Safety Enhancements Project (ST-28) Plans, Specifications & Estimate Approval
Recommendation
Adopt the resolution:
1. Approving the Plans, Specifications, and Estimates for the East Bayshore Road Pedestrian and Cyclist Safety Enhancements Project (Project);
2. Authorizing the City Manager to advertise the project to solicit bids for the construction phase; and
3. Finding that the project is exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15303, and 15304 of the CEQA Guidelines.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority: Enhance Public Safety and Emergency Preparedness Priority: Create a Healthy and Safe Community
Background
East Bayshore Road is classified as a “Connector” street in the City of East Palo Alto, which is defined as a street with mixed residential and commercial frontages that serve as a main route 156
CONSENT ITEM 3.7
for multiple modes of traffic. East Bayshore Road north of University Avenue includes segments that lack sidewalk, bike lanes, Americans with Disability Act (ADA) curb ramps, curb and gutter, traffic calming measures, and green infrastructure. Additionally, the roadway does not meet current City standards. Improving East Bayshore has been a City Council priority, and the project is included in the City’s ten-year Capital Improvement Program.
In 2022, public works staff applied for a Cycle 6 Measure A and W Pedestrian and Bicycle grant to implement safety improvements along East Bayshore Road from Euclid Avenue to Menalto Avenue. The funding was requested to prepare plans, specifications, and estimates (PS&E) for pedestrian and bicycle safety improvements along East Bayshore Road. The city was successful in obtaining $400,000 of grant funds through the program.
On April 2, 2024, City Council adopted Resolution 29-2024, awarding a design contract to CSG Consultants Inc. (Designer) to provide civil engineering design services for the project in the amount of $419,831.50. The design was funded using $400,000 of grant funds with a City match of $19,831.50 from the General Fund.
Over the course of the last year, the Designer has worked with staff, the community, and the Public Works and Transportation Commission (PWTC) to refine the project design. On May 29th, 2024, the City held the first public outreach meeting for the project to solicit community feedback on concept design alternatives. Mailers were sent to the entire Palo Alto Park Neighborhood near the corridor to notify residents of the community meeting. Additionally, a survey was posted on the City’s website and newsletter to collect additional feedback. Per the feedback received from the outreach meeting and the online survey, the designer refined the project design. Staff has also sent multiple notices to impacted residents and business owners along East Bayshore Road to obtain feedback on the project design. On-site meetings with multiple business owners were also held throughout the design phase of the project.
Analysis
Under the Engineering staff’s guidance, the Designer has prepared the final PS&E package, which can be found on the project page linked here:
https://www.cityofepa.org/publicworks/page/east-bayshore-road-pedestrian-and-cyclistssafety-improvements The scope of work involves construction of new sidewalks, ADA complaint curb ramps, bioretention planters, installation of trees, roadway rehabilitation, drainage improvements, and improvements to signage, striping and lighting.
Upon acceptance of the PS&E by the City Council, the project will be publicly bid. A rough project schedule is included below:
157
CONSENT ITEM 3.7
Task Schedule
Council approval of the
project design
March 2025
Project bidding April – May 2025
Construction contract award
by City Council
June 2025
Construction phase August 2025 – February
2026
Project closeout March 2026 – May 2026
Fiscal Impact
The cost estimate for this project is $4,313,029. This project will be funded using multiple funding sources as detailed in Table 1 below:
Table 1: Project Funding Sources
Grant Amount
Measure A and W Pedestrian
and Bicycle Program
$1.925 million
CCAG Lifeline Transportation
Cycle 6 Funds
$625k
FY2024 HUD Trans.
Appropriations Bill
$850k
Capital funds $913,029
TOTAL $4,313,029.00
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 categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301(c) (rehabilitation or reconstruction of an 158
CONSENT ITEM 3.7
existing roadway), as it involves rehabilitating existing roadways by erecting certain improvements to enhance safety. All improvements are proposed within the existing right of way and no expansion will occur of existing facilities.
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Repair, maintenance and/or minor alteration of an existing facility) and Sections 15303 (construction and location of limited numbers of new, small facilities or structures), and 15304 (Minor alterations to land).
The scope of work involves construction of new sidewalks, ADA complaint curb ramps, bioretention planters, installation of trees, roadway rehabilitation, drainage improvements, and improvements to signage, striping and lighting.
Government Code: 84308
Applicability of Levine Act: No, as the entitlement involves a contract that was competitively bid, the Levine Act is not applicable.
Analysis of Levine Act Compliance: Not applicable.
Attachment
1. Resolution
159
Resolution No. XX-2025 1 of 2
RESOLUTION NO. XX– 2025
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
APPROVING THE PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE EAST BAYSHORE ROAD PEDESTRIAN AND CYCLIST SAFETY ENHANCEMENTS PROJECT (ST-28) AND
AUTHORIZING THE CITY MANAGER TO ADVERTISE THE PROJECT TO SOLICIT BIDS FOR THE
CONSTRUCTION PHASE
WHEREAS, the East Bayshore Road Pedestrian and Cyclist Safety Enhancements Project (project) is a city priority project which aims to provide safety infrastructure improvements for active transportation; and
WHEREAS, the project includes construction of new sidewalks, curb and gutter, new driveways, American with Disabilities Act (ADA) compliant curb ramps, traffic calming bulb-outs, green infrastructure, trees, lighting improvements, and roadway improvements; and WHEREAS, on April 2, 2024, City Council awarded a $419,831.50 design contract to CSG Consultants Inc. to provide civil engineering design services for the project; and WHEREAS, under the Engineering staff’s guidance, CSG Consultants Inc. prepared the plans, specifications, and estimates (PS&E) package for the project; and WHEREAS, staff recommends approval of the plans, specifications, and estimates (PS&E) for the East Bayshore Road Pedestrian and Cyclist Safety Enhancements Project (CIP Project ST-28).
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; and
2. Approves the Plans, Specifications, and Estimates for the East Bayshore Road Pedestrian and Cyclist Safety Enhancements Project (Project); and
3. Authorizes the City Manager to advertise the project to solicit bids for the construction phase; and
4. Finds that the project is exempt from the California Environmental Quality Act (CEQA) under Sections 15301 ,15303, and 15304 of the CEQA Guidelines.
PASSED AND ADOPTED this 18th day of March 2025, by the following vote:
AYES:
NOES:
ABSENT:
160
Resolution No. XX-2025 2 of 2
ABSTAIN:
Martha Barragan, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
161
CONSENT ITEM 3.8
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Elena Lee, Planning Manager
Salifu Yakubu, Senior Planner
SUBJECT: Development Code Text Amendment (ZTA24-001) to amend various Chapters and Sections of Title 18 (Development Code) of the East Palo Alto Municipal Code Recommendation
By motion, waive the second reading and adopt an ordinance (Attachment 1) to:
1. Amend Title 18 (Development Code) of the East Palo Alto Municipal Code to:
a. Amend chapter 18.96 to amend sections 18.96.010, 18.96.030.E.4, 18.96.050.A.2,
18.96.050.A.2, 18.96.090, and 18.96.050.G to reconcile the East Palo Alto Municipal Code (EPAMC) with State legislation on accessory dwelling units. b. Amend sections 18.10.020 Table 2-1, 18.12.020 Table 2-3 and 18.14.020 Table 2-5 to supplement Land Use Regulations and Allowable Uses, and 18.48.060 to facilitate child day care and other care uses.
c. Amend sections 18.10.020 Table 2-1, 18.12.020 Table 2-3 and 18.14.020 Table 2-5 to supplement Land Use Regulations and Allowable Uses, 18.08.010 of Chapter
18.08 to add a definition of Low Barrier Navigation Center and add a new section
18.48.116 to chapter 18.48 of the EPAMC to allow the development of Low Barrier Navigation Centers.
d. Amend chapter 18.30 to amend sections 18.30.080.B.2 and C.3 and add sections
18.30.010.G and 18.30.080.B.3 to B.5 to allow Unbundled Parking. e. Amend section 18.26.020A.2, add section 18.26.020.E., and amend section
18.90.020 Table 7-3 Types of Minor Variances Allowed to allow seven-foot and certain eight-foot Fences, Hedges and Walls without variance. f. Amend sections 18.10.020, 18.12.020 and 18.14.020 to synchronize certain notations under Specific Use Regulations with the right land use provisions. g. Amend chapter 15.52 Floodplain Management to realign the responsibilities of staff with respect to Flood Management.
162
CONSENT ITEM 3.8
h. Amend section 18.86.030.A Table 7-2 Review Authority for Site Plan to reclassify various sizes of Non-Residential Construction Activities subject to different review levels.
i. Amend sections 18.50.060.A Table 5-1 Advisory Agencies for Subdivisions, and
18.54.030.B.4 on the Review of Maps.
j. Add a new chapter 18.87 on Permit Adjustments and amend section 18.82.020 – Authority for Land Use and Zoning Decisions Table 7-1 to include Adjustment Permits.
k. Amend sections 18.12.020 Table 2-3 to allow refueling and service station use as a Conditional Use Permit and 18.48.180 Service Stations to facilitate Refueling and Service Stations.
l. Amend sections 13.24.400.A and B on Turf selection and limitation and
18.30.080.A.4 on Paved Areas in Front Yard to supplement Front Yard Landscape Standards.
m. Amend sections 18.28.060.G and 18.28.110.A to streamline the processing of Trees on Private Property.
n. Amend section 18.10.030 Development Standards by adding sub-section
18.10.030.G to facilitate the remodeling of existing single-family dwellings in the RMD Zone. o. Amend chapter 18.24 to increase the height of accessory structures from 15-feet to 17-feet (sections 18.24.020.B.1, 18.24.030.A.1.c, and 18.24.030.B.2) consistent with the height requirements for similar structures such as accessory dwelling units, include a Permit Adjustment (sections 18.24.020.B and 18.24.030.A.1) as a required approval type for accessory structures, and correct the useable rear yard area to be maintained from 750-square feet to 700-square feet (section 18.24.030.A.1.b) as was adopted by Council ordinance on February 6, 2024 with Zoning Text Amendment ZTA23-001.
p. Amend chapter 18.94 to amend section 18.94.110 to make administratively approved Minor Temporary Use Permits issued for one to six days final upon issuance and not subject to the appeal period.
2. Find the proposed Zoning Text Amendments to be exempt in accordance with CEQA Guidelines Sections 15061(b)(3), 15378 and 15183 of the California Environmental Quality Act (CEQA).
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority: Promote Housing, Economic and Workforce Development Priority: Promote Health & Public Safety
Analysis
On February 18, 2025, at a publicly noticed hearing, the City Council waived the first reading and introduced an ordinance amending various sections of Title 18 (Development Code) of the East Palo Alto Municipal Code (EPAMC). The City Council discussed 16 proposed amendments to the Development Code. The amendments were grouped under four distinct categories and were previously discussed and recommended by the Planning Commission at 163
CONSENT ITEM 3.8
publicly noticed hearings on October 28, 2024, and January 13, 2025. The staff reports for these meetings are linked below. Also, the Planning Commission resolution in support of the amendments is attached (Attachment 3) for your reference.
February 18, 2025 report: https://d3n9y02raazwpg.cloudfront.net/cityofepa/0daf4fce-da78-11ef-a9e2- 005056a89546-3408cd31-ecd7-4429-9d91-65986d552499-1739911836.pdf January 13, 2025 report: https://d3n9y02raazwpg.cloudfront.net/cityofepa/97d42492-c4aa-11ef-a9e2- 005056a89546-29a637e7-42e3-4737-b76d-b5307e52bbc0-1736467069.pdf October 28, 2024 report: https://d3n9y02raazwpg.cloudfront.net/cityofepa/e0900e48-b714-11ee-bb82- 0050569183fa-29a637e7-42e3-4737-b76d-b5307e52bbc0-1729892644.pdf The staff presentation covered all 16 amendments grouped for the following purposes:
1. To further the City’s efforts at continuing to reconcile the EPAMC with frequently changing state legislation.
2. To respond to the City Council’s direction to amend the Development Code to allow certain increases in rear fence heights by right and without the need for a variance.
3. To clean up the Development Code including correcting typographical errors, properly connecting misplaced notations, and realigning certain responsibilities with the appropriate city staff consistent with best practice.
4. To continue to facilitate the improvement and streamlining of the development review process.
The City Council discussed and approved all 16 proposed amendments with one change to exempt single family dwellings in the R-MD Multiple-Family Medium Density Residential zone.
The amendment reduced one of the two side setbacks from ten feet to five feet. This would enable building additions to expand to a ten-foot rear setback and five-foot setback on one side, bringing affected properties closer to the zoning provisions applicable to other singlefamily dwellings in the R-LD Single-Family Residential zone.
One resident who is a member of the Public Works & Transportation Commission, Mr. Uhila Makoni, spoke via zoom seeking clarification on the implications on parking of the Development Code’s requirement that 50% or more of the front yards in the single-family residential zone are soft landscaped.
The City Council introduced Ordinance (Attachment 1), as amended on the dais, with the following vote:
AYES: Barragan, Dinan, Lincoln, Romero
NOES:
ABSENT: Abrica
ABSTAIN:
This item is now before the Council for a second reading and adoption of the Ordinance.
Fiscal Impact
164
CONSENT ITEM 3.8
There is no fiscal impact to the City associated with the proposed Ordinance.
Public Notice
Notice of the 1st public hearing on February 18, 2025, was published in the local newspaper:
Palo Alto Daily News on January 31, 2025, more than ten days prior to that meeting. A notice was also published in the local newspaper on March 7, 2025, more than five days before the second reading. Additionally, the meeting agenda and staff report were made available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
Environmental
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), and Section 15061(b)(3) in that there is no possibility of the Development Code, by itself, having a significant adverse effect on the environment. Further, in accordance with CEQA Guidelines Section 15183, projects that are consistent with development density established by General Plan policies (Vista 2035) for which an Environmental Impact Report (EIR) has been certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.
Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not yet involve an entitlement.
Analysis of Levine Act Compliance: Not applicable.
Attachments
1. Draft City Council Ordinance
2. Draft City Council Ordinance (Tracked)
3. Planning Commission Resolution No. PC2024-10
165
ATTACHMENT 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
ADOPTING DEVELOPMENT CODE TEXT AMENDMENT ZTA24-001 AMENDING TITLE 18 (DEVELOPMENT CODE) OF THE EAST PALO ALTO MUNICIPAL CODE (EPAMC) SPECIFICALLY TO 1) AMEND CHAPTER 18.96 TO AMEND SECTIONS 18.96.010,
18.96.030.E.4, 18.96.050.A.2, 18.96.050.A.2, 18.96.090, AND 18.96.050.G TO RECONCILE
THE EAST PALO ALTO MUNICIPAL CODE (EPAMC) WITH STATE LEGISLATION ON ACCESSORY DWELLING UNITS; 2) AMEND SECTIONS 18.10.020 TABLE 2-1, 18.12.020 TABLE 2-3 AND 18.14.020 TABLE 2-5 TO SUPPLEMENT LAND USE REGULATIONS AND ALLOWABLE USES, AND 18.48.060 TO FACILITATE CHILD DAY CARE AND OTHER CARE USES; 3) AMEND SECTIONS 18.10.020 TABLE 2-1, 18.12.020 TABLE 2-3 AND
18.14.020 TABLE 2-5 TO SUPPLEMENT LAND USE REGULATIONS AND ALLOWABLE USES, 18.08.010 OF CHAPTER 18.08 TO ADD A DEFINITION OF LOW BARRIER NAVIGATION CENTER AND ADD A NEW SECTION 18.48.116 TO CHAPTER 18.48 OF THE EPAMC TO ALLOW THE DEVELOPMENT OF LOW BARRIER NAVIGATION CENTERS; 4) AMEND CHAPTER 18.30 TO AMEND SECTIONS 18.30.080.B.2 AND C.3, AND ADD SECTIONS 18.30.010.G AND 18.30.080.B.3 TO B.5 TO ALLOW UNBUNDLED PARKING; 5) AMEND SECTION 18.26.020A.2, ADD SECTION 18.26.020.E., AND AMEND SECTION
18.90.020 TABLE 7-3 TYPES OF MINOR VARIANCES ALLOWED TO ALLOW SEVENFOOT AND CERTAIN EIGHT-FOOT FENCES, HEDGES AND WALLS WITHOUT VARIANCE; 6) AMEND SECTIONS 18.10.020, 18.12.020 AND 18.14.020 TO SYNCHRONIZE
CERTAIN NOTATIONS UNDER SPECIFIC USE REGULATIONS WITH THE RIGHT LAND USE PROVISIONS; 7) AMEND CHAPTER 15.52 FLOODPLAIN MANAGEMENT TO
REALIGN THE RESPONSIBILITIES OF STAFF WITH RESPECT TO FLOOD MANAGEMENT; 8) AMEND SECTION 18.86.030.A TABLE 7-2 REVIEW AUTHORITY FOR
SITE PLAN TO RECLASSIFY VARIOUS SIZES OF NON-RESIDENTIAL CONSTRUCTION ACTIVITIES SUBJECT TO DIFFERENT REVIEW LEVELS; 9) AMEND SECTIONS
18.50.060.A TABLE 5-1 ADVISORY AGENCIES FOR SUBDIVISIONS, AND 18.54.030.B.4 ON THE REVIEW OF MAPS; 10) ADD A NEW CHAPTER 18.87 ON PERMIT ADJUSTMENTS AND AMEND SECTION 18.82.020 – AUTHORITY FOR LAND USE AND ZONING DECISIONS TABLE 7-1 TO INCLUDE ADJUSTMENT PERMITS; 11) AMEND SECTIONS 18.12.020 TABLE 2-3 TO ALLOW REFUELING AND SERVICE STATION USE AS A CONDITIONAL USE PERMIT AND 18.48.180 SERVICE STATIONS TO FACILITATE REFUELING AND SERVICE STATIONS; 12) AMEND SECTIONS 13.24.400.A AND B ON TURF SELECTION AND LIMITATION AND 18.30.080.A.4 ON PAVED AREAS IN FRONT YARD TO SUPPLEMENT FRONT YARD LANDSCAPE STANDARDS; 13) AMEND SECTIONS 18.28.060.G AND 18.28.110.A TO STREAMLINE THE PROCESSING OF TREES ON PRIVATE PROPERTY, 14) AMEND SECTION 18.10.030 DEVELOPMENT STANDARDS BY ADDING SUB-SECTION 18.10.030.G TO FACILITATE THE REMODELING OF EXISTING SINGLE-FAMILY DWELLINGS IN THE R-MD ZONE, 15) AMEND CHAPTER 18.24 TO INCREASE THE HEIGHT OF ACCESSORY STRUCTURES FROM 15-FEET TO 17-FEET (SECTIONS 18.24.020.B.1, 18.24.030.A.1.C, AND 18.24.030.B.2) CONSISTENT WITH THE
HEIGHT REQUIREMENTS FOR SIMILAR STRUCTURES SUCH AS ACCESSORY DWELLING UNITS, INCLUDE A PERMIT ADJUSTMENT (SECTIONS 18.24.020.B AND 166
18.24.030.A.1) AS A REQUIRED APPROVAL TYPE FOR ACCESSORY STRUCTURES, AND CORRECT THE USEABLE REAR YARD AREA TO BE MAINTAINED FROM 750- SQUARE FEET TO 700-SQUARE FEET (SECTION 18.24.030.A.1.B) AS WAS ADOPTED BY COUNCIL ORDINANCE ON FEBRUARY 6, 2024 WITH ZONING TEXT AMENDMENT ZTA23-001, AND 16) AMEND CHAPTER 18.94 TO AMEND SECTION 18.94.110 TO MAKE
ADMINISTRATIVELY APPROVED MINOR TEMPORARY USE PERMITS ISSUED FOR ONE TO SIX DAYS FINAL UPON ISSUANCE AND NOT SUBJECT TO THE APPEAL PERIOD.
WHEREAS, Chapter 18.114 of the City of East Palo Alto Development Code allows for amendments to the Development Code and provides procedures for processing such amendments; and
WHEREAS, Section 18.114.060 of the City of East Palo Alto Development Code sets forth findings for Development Code amendments; and
WHEREAS, the Planning Commission of the City has reviewed the proposed amendments to the City of East Palo Alto’s Development Code at two duly and properly noticed public hearings on October 28, 2024 and January 13, 2025 and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff, and has found that the proposed amendments are consistent with the goals and policies of the City’s General Plan, and recommends adoption of the proposed amendments by the City Council of the City of East Palo Alto (“City Council”); and
WHEREAS, the City Council conducted duly and properly noticed public hearings on February 18, 2025 to consider the proposed amendments to the Development Code and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff, and finds and determines that the proposed amendments to the City of East Palo Alto Development Code are adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare; and
WHEREAS, based on the evidence in the administrative record, the City Council finds foregoing recitals are true and correct, and are incorporated by this reference into this action as a legislative finding of fact, as required by Section 18.114.060 of the City of East Palo Alto Development Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 18.08 AMENDED
Section 18.08.010 is hereby amended to add the definition of “Low Barrier Navigation Center”, as follows:
Low Barrier Navigation Center. In compliance with Government Code Section 65660 a “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 167
SECTION 2. CHAPTER 18.10 AMENDED
Section 18.10.020 Table 2-1 Land Use Regulations and Allowable Uses for Residential Zones is hereby amended as shown in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3. CHAPTER 18.12 AMENDED
Section 18.12.020 Table 2-3 Land Use Regulations and Allowable Uses for Mixed Use Zones is hereby amended as shown in Exhibit “B”, attached hereto and incorporated herein by reference.
SECTION 4. CHAPTER 18.14 AMENDED
Section 18.14.020 Table 2-5 Land Use Regulations and Allowable Uses for Commercial Zones is hereby amended as shown in Exhibit “C”, attached hereto and incorporated herein by reference.
SECTION 5. CHAPTER 18.48 AMENDED
Section 18.48.060 Child Day Care is hereby amended to Day Care Facilities as shown in Exhibit “D”, attached hereto and incorporated herein by reference, to facilitate Child Day Care and other Care Uses.
Section 18.48.116 is hereby added to allow the development of Low Barrier Navigation Centers to read:
A. Applicability: “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
5. “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.
B. Zoning: In compliance with Government Code Section 65662 a “Low Barrier Navigation Center” development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses
C. Ministerial Approval: A “Low Barrier Navigation Center” development shall be permitted provided that it meets the following requirements:
168
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
D. Review Conditions: In compliance with Government Code Section 65664:
1. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943.
2. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
E. Applicability: “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
Section 18.48.180 Service Stations is hereby amended to amend sub-sections 18.48.180.B.3 and 18.48.180.B.5 and add subsections 18.48.180.B.12 and 18.48.180.B.13 to read:
3. Allowed uses. Service Stations shall be allowed by Conditional Use Permit only in the mixed-use zones along University Avenue between Donohoe Street and Bell Street. The primary use of a service station shall be the dispensing of motor fuels, lubricants, vehicle recharging, and the exchange of motor vehicle parts in kind. Incidental vehicle/equipment repair shall be limited to the hours of 7:00 a.m. to 7:00 p.m., daily. Such repair/service include air conditioning service, carburetor and fuel injection service, electrical service, radiator service, tune-up, lube, oil change, and smog check, as well as tires, batteries and accessories installation.
5. Sale of convenience goods. The sale of convenience goods, alcoholic beverages, or other items unrelated to the operation of motor vehicles are only allowed subject to the approval of a Conditional Use Permit.
12. Associated Uses. Car Wash use and other uses associated with service stations may be allowed subject to approval of a Conditional Use Permit. The car wash use shall not include detailing services.
13. Restroom, water point and air supply. Each service station shall provide a restroom, water point and an air supply station for use by patrons at all times when the service station is in operation.
SECTION 6. CHAPTER 18.30 AMENDED
169
Section 18.30.010 is hereby amended to add sub-section G to read:
G. To ensure the most efficient use of parking spaces through such techniques as shared parking, alternating parking and unbundled parking arrangements.
Sub-section 18.30.080.A Single-Family Residential Zones is hereby amended to amend subsection 18.30.080.A.4 to read:
4. Paved areas in front yard. Paved areas within the front yard, including the driveway and any walkways, shall not exceed 50 percent of the front yard area with the remaining area finished in either or both soft landscaping (vegetative materials including container gardens, turf, ground cover, aquatic/semi-aquatic plants, grasses, trees, organic mulch, etc.) and permeable hard landscaping (pea gravel, crushed granite, disjointed/interspersed brink, rock, stone or concrete, timber, bitumen, glass, metals, inorganic mulch, and other construction materials that may be used to avoid the need for mowing, watering/irrigation, fertilizing, and pesticides) landscaped with live plant material. The use of pervious materials for paved areas such as driveways, walkways, patios, and outdoor living areas is strongly encouraged.
Sub-section 18.30.080.B Multiple-Family Residential Zones is amended to read:
1. Parking spaces shall be provided in off-street parking areas located within 1,000 feet of the use they are intended to serve.
2. It is unlawful to rent, lease or otherwise convey to or allow use of a required parking space by any person who is not a tenant or visitor for whom the parking spaces are required unless with the tenant’s consent.
3. For tenancies beginning after January 1, 2025 (AB1317), off-street parking should be unbundled from individual units within multiple-family residential apartment buildings with 16 or more units (with the exception of units with individual garages, deed restricted units, and rent controlled units) and rents charged separately for the units and the associated parking spaces with a tenant having, in all cases, the first right of refusal for the parking spaces normally required for the unit. Where a tenant declines the parking space(s) the apartment owner or management may lease the parking spaces to any person on a month-to-month basis.
4. Beginning after January 1, 2025 landlords of multiple-family apartment buildings with 16 or more units must maintain separate charges for parking fees and rent for the life of the property. These unbundled fees can be subject to either a distinct rental agreement or an addendum to an existing lease.
5. In the absence of unbundled parking a tenant in a multiple-family residential apartment building shall be allowed to lease the parking spaces assigned to their unit to any person on a month to month.
6. All on-site required parking spaces shall be available to the occupants of the property.
For properties developed after June 1, 2014, the occupants of each unit shall have use of the parking developed for the unit, unless the tenant elects to relinquish access to the off-street parking. For properties developed before June 1, 2014, with less than two covered parking spaces per unit and where the property owner lives at the multiplefamily property, the property owner may reserve for his or her personal use two legal parking spaces (uncovered or covered) which shall be contiguous, if possible. The remaining on-site legal parking spaces not utilized by the property owner shall be allocated among the other units.
170
7. If a landlord removes an on-site, off-street parking space from a tenancy in violation of these provisions
a. The tenant may apply for a rent decrease by an amount commensurate with the value of the removed parking space for the temporary period of time during which the space is removed;
b. The landlord shall be subject to criminal prosecution; and c. The City may bring a civil action for injunctive relief.
8. Temporary removal of a parking space reasonably necessitated by required repair or maintenance does not give rise to a penalty.
9. A landlord and tenant are not prohibited from voluntarily agreeing to the substitution of one parking space for another at the same property.
Sub-section 18.30.080.C.3 is amended to read:
3. Required parking spaces shall not be rented, leased or otherwise conveyed or used by any person who is not a tenant of, visitor to, or employee for who the parking spaces are required, unless it is determined by a Parking Study that such a lease, rental, or other conveyance will not be detrimental to tenants of, visitors to, or employees for who the parking spaces are required. No employee shall be restricted from using the parking spaces required for the use where he or she is employed. Parking spaces developed in excess of the minimum required for the use may be rented or leased to another business or use.
SECTION 7. CHAPTER 18.26 AMENDED
Sub-section 18.26.020.A.2 is hereby amended to read:
2. Fences, walls, and hedges not exceeding seven feet in height may occupy any side or rear setback area, provided:
a. They do not extend into any required front setback; and b. In the case of a corner parcel, they do not extend into the side setback area required along a side street or into that portion of the rear setback area abutting a side street that is equal to the width of the side setback required on the side street, except where the side frontage is more than 100 feet from the corner of the parcel as determined by the intersection of the front and side property lines.
Section 18.26.020 is hereby amended to add sub-section 18.26.020.E to read:
E. Interface between Single-Family Dwellings and Non-Residential Uses. Rear yard fences between single-family dwellings and non-residential uses may go up to eight feet in height subject to approval of an Adjustment Permit by the Director, provided:
1. The visual impact of the fence on the single-family dwelling is softened by the use of architectural ornamentation or articulation, or soft landscaping as follows:
a. The soft landscape features may include appropriate shrub and vine species with the following characteristics:
• Capable of providing cover, shade and aesthetic value through beautiful foliage and blossoms.
• Be drought-tolerant or at a minimum be able to survive common seasonal droughts.
171
• Be able to recover quickly from inclement weather or human interference. • Not be invasive to the detriment of other soft landscaping at the dwelling. • Should be capable of growing up to eight feet with trimming. b. The soft landscaping should be strategically planted to promote good growth and cover, with a recommended spacing of 10 to 12 inches for vines and up to three feet for shrubs.
c. The use of cables, wires or climbing lattice is recommended to aid the growth and coverage of vines and to prevent potential damage caused by direct contact with the fence.
d. The architectural ornamentation may include the use of pilasters, wainscoting, cornices or decorative coping, architraves, decorative moldings, trims, etc.
2. The Adjustment Permit application may be initiated by either the owner of the singlefamily dwelling or non-residential property, with the other concurring with the application.
3. The Adjustment Permit application shall be accompanied by a written statement acknowledging the requirement for the architectural ornamentation or soft landscaping per section E.1. above and assigning responsibility for its implementation.
SECTION 8. CHAPTER 18.90 VARIANCES AND MINOR VARIANCES AMENDED Section 18.90.020 Table 7-3 Types of Minor Variances Allowed is hereby amended as shown in Exhibit “E”, attached hereto and incorporated herein by reference.
SECTION 9. CHAPTER 15.52 FLOODPLAIN MANAGEMENT AMENDED
Sections 15.52.040.PR Definitions, 18.52.050.B General Provisions, and 15.52.070.A.3 Elevation and Floodproofing are hereby amended to read:
Section 15.52.040.PR Definitions: "Special flood hazard area" or "SFHA" means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. SFHA may also be designated by the City of East Palo Alto Public Works Department for riverines not shown on the FIRM, when a hydraulic study has defined the base flood elevations and the area of inundation.
Section 15.52.050.B General Provisions: Basis for Establishing Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS), dated September 19, 1984 and accompanying Flood Insurance Rate Map (FIRM), and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter.
This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter, and which are recommended to the city council by the floodplain administrator. The study and FIRM are on file at the City of East Palo Alto Public Works Department.
Section 15.52.070.A.3 Elevation and floodproofing:
a. New construction and substantial improvement of any structure shall have the lowest floor, including basement elevated eighteen (18) inches above the base flood elevation. Nonresidential structures may meet the standards in Section 172
15.52.070.A.3.b. Upon the completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor, and verified by the chief building official to be properly elevated. Such certification and verification shall be recorded and filed with the floodplain administrator.
SECTION 10. CHAPTER 18.86 AMENDED
Section 18.86.030 Table 7-2 Review Authority for Site Plan and Design Review is hereby amended as shown in Exhibit “F”, attached hereto and incorporated herein by reference.
SECTION 11. CHAPTER 18.50 AMENDED
Section 18.50.060 Table 5-1 Subdivision Review Authorities is hereby amended as shown in Exhibit “G”, attached hereto and incorporated herein by reference.
SECTION 12. CHAPTER 18.54 AMENDED
Sub-section 18.54.30.B.4 is hereby amended to read:
4. The material shall be transmitted to the Review Authority for its consideration of the map.
SECTION 13. CHAPTER 18.87 ADDED
New sections are added to Chapter 18.87 to read:
Section 18.87.010 Purpose and Intent: An Adjustment Permit is the procedure used by the City to approve alterations, relocations, rebuilding, or minor additions, enlargements, or modifications to previously approved development permits while maintaining compliance with the uses allowed in the applicable zone and the development standards applicable to the use or structure.
Section 18.87.020 Applicability/Permit Requirement:
A. The director may, at the director's sole discretion, approve an adjustment for the following elements of a previously issued development permit, subject to and in accordance with the provisions of this section:
1. General Extensions. An extension of the term of an approved development permit for a period of up to but not exceeding one year; provided that no more than two such term extensions may be approved for any development permit.
2. Changes to an approved development permit, but only for minor modification of architectural elements or landscape details, (including but not limited to minor storefront alterations, relocation of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project.
3. Minor changes to signs which do not increase the existing surface area by more than 10% and conform to Chapter 18.32 of the East Palo Alto Municipal Code (EPAMC). 173
4. Additions, accessory structures and minor structures such as trellises, patio covers, and decks not exceeding 1,000 square feet in total area or 50% of the total area of the existing primary dwelling whichever is less, and swimming pools for one-family residences which were approved and are subject to an existing development permit.
5. Building additions not exceeding 500 square feet in total area or less than ten percent of the building area prior to the addition, whichever is smaller, to two-family dwellings, provided that current parking regulations are being met and would continue to be met after the completion of any addition.
6. Building mounted wireless communications antenna as long as proposal is at least 500 feet away from residential uses.
7. Temporary construction or storage yards in connection with the construction of houses or other buildings in an adjacent subdivision or lot or parcel.
8. The creation, on or above ground through installation, construction, or replacement, of less than one gross acre of impervious surface.
9. The replacement, repaving, reconfiguration, or re-striping of parking spaces on existing surfaces.
10. Building additions not exceeding 500 square feet in area to nonresidential buildings provided that current parking regulations are being met and would continue to be met after the completion of any addition, provided the primary building was not originally a single-family residence, and site circulation, ingress and egress are not being altered.
11. Generators, preferably, with California Air Resources Board (CARB) certification and meeting the Development Code performance standards for noise and air pollution.
12. Above-ground storage tanks of two thousand gallons or less provided that they are not used to store hazardous materials or other substances that require a permit from the Department of Toxic Substances Control.
B. Adjustments may be issued only where issuance of the adjustment would be consistent and comply with all applicable local laws in effect at the time of issuance, including without limitation the city's general plan, the provisions of the East Palo Alto Municipal Code, and the provisions of Title 18 of the Code.
C. An application for an adjustment to extend the term of a development permit must be filed on the form provided by the director on or before the date that is three business days prior to the expiration of the development permit proposed for adjustment and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the City Council.
D. The decision to grant, deny or condition an adjustment is an administrative determination and requires no hearing or notice. The action of the director shall be final, and nothing herein shall be deemed or construed to confer on an applicant a right to an adjustment or to require the director to issue an adjustment. If the director denies an adjustment, nothing herein shall preclude the applicant from thereafter filing an application for an appropriate development permit.
E. Where property was developed prior to 1983 or the requirement of a development review permit, adjustments for projects may be approved without the necessity of the issuance of a full design review permit.
F. A Permit Adjustment shall be obtained before the City issues a new or modified business license in compliance with Municipal Code Chapter 5.04, if applicable.
Section 18.87.030 Review Authority: The Director may issue a Permit Adjustment only after confirming that the proposed land use and/or structure is in full compliance with all of the applicable provisions of the Development Code (Title 18 of the East Palo Alto Municipal Code). 174
Section 18.87.040 Review Procedures: Adjustment Permit approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
SECTION 14. CHAPTER 18.82 AMENDED
Section 18.82.020 Table 7-1 Review Authority is hereby amended to include Adjustment Permits as shown in Exhibit “H”, attached hereto and incorporated herein by reference.
SECTION 15. CHAPTER 18.12 AMENDED
Section 18.12.020 Table 2-3 Allowed Uses and Permit Requirements is hereby amended to allow Refueling and Service Stations with Conditional Use Permits as shown in Exhibit “I”, attached hereto and incorporated herein by reference.
SECTION 16. CHAPTER 13.24 AMENDED
Sub-sections 13.24.400.A and 13.24.400.B Turf Selection and Limitations are hereby amended to read:
A. No more than fifty percent (50%) of the total area not covered by structures for multifamily residential projects shall be covered by a combination of turf, pools, spas, and other improved recreational areas finished in soft and hard landscaping. Of this area, no more than seventy-five percent (75%) shall be covered with turf.
B. For single-family residential projects, 50% or more of the front yard shall be finished with soft landscaping (vegetative materials including container gardens, turf, ground cover, aquatic/semi-aquatic plants, grasses, trees, organic mulch, etc.) and/or hard landscaping (pea gravel, crushed granite, disjointed/interspersed brink, rock, stone or concrete, timber, bitumen, glass, metals, inorganic mulch, and other construction materials that may be used to avoid the need for mowing, watering/irrigation, fertilizing, and pesticides) with no more than forty percent (40%) covered with turf.
SECTION 17. CHAPTER 18.28 AMENDED
Sub-section 18.28.060.G Financial Security is hereby amended to read:
G. Financial Security. A check, or an alternative form of payment if approved by the City shall be provided to the City for the appraised value of the trees impacted by development and the value of replacement trees as mitigation for the removal of trees, as well as the cost of staff time if the applicant does not furnish proof of removal of the impacted tree(s) and replacement planting within 60 days of the effective date of the tree removal permit approved by the Director.
The proof of replanting shall be by virtue of photographic evidence or an arborist report certifying the replacement. The financial security, provided to the City for impacted trees that are not removed within 60 days of the effective date of the tree removal permit, shall be refunded upon the receipt of a final arborist report certifying preservation or proof of replacement upon removal of the tree(s), or payment of an in-lieu impact fee.
Sub-Section 18.28.110.A Violations is hereby amended to read:
175
A. Violations. Violation of a provision contained in this chapter is unlawful and a public nuisance. The Director may serve notice upon any person violating any provision of this chapter.
Violators shall be subject to the provisions set forth in Chapter 18.118.
SECTION 18. CHAPTER 18.10 AMENDED
Section 18.10.030 Development Standards is hereby amended to add:
G. Setback Exception for existing single-family homes in the R-MD District. Existing single family homes, which are permitted uses in the R-MD Zone, are exempted from the 20-foot rear setback requirement of the R-MD Zone and may utilize the 10-foot rear setback requirement of the R-LD Single-Family Residential Zone for building expansions, additions, and other remodeling works. The front and one of the two side setback requirements of the R-MD Zone would still apply to existing single-family dwellings in order to ensure a uniform front transect or street-facing silhouette of the neighborhood block from the public right-of-way. One of the two side setbacks may utilize the required 5-foot side setback requirement of the R-LD Single-Family Residential zone for building expansions, additions, and other remodeling works.
SECTION 19. CHAPTER 18.24 AMENDED
Sub-sections 18.24.020.b, 18.24.030.A.1, and 18.24.030.B.2 are hereby amended as shown in Exhibit “J”, attached hereto and incorporated herein by reference.
SECTION 20. CHAPTER 18.96 AMENDED
Sub-sections 18.96.010, 18.96.030.E.4, and 18.96.050.A.2, 18.96.090, and 18.96.050.G are hereby amended as shown in Exhibit “K”, attached hereto and incorporated herein by reference.
SECTION 21. CHAPTER 18.94 AMENDED
Section 18.94.110 is hereby amended to exempt Minor Temporary Use Permits from the appeal period, as follows:
The procedures and requirements related to permit implementation and to appeals and revocation apply following the decision on all Temporary Use Permit applications, except that Minor Temporary Use Permits will not be subject to appeals.
SECTION 22. 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) in that there is no possibility of the Development Code, by itself, having a significant adverse effect on the environment, and Section 15183 because the proposed amendments are consistent with the general plan and zoning as applicable. In addition, the Vista 2035 General Plan EIR meets the CEQA requirement for Zoning Code amendments.
SECTION 23. SEVERABILITY.
176
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 that 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 24. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days after the date of its adoption.
SECTION 25. PUBLICATION.
The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
INTRODUCED at a regular City Council meeting held February 18, 2025, and PASSED AND ADOPTED at a regular City Council meeting held on March 18, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
EXHIBITS
Exhibit A – Table 2-1 Allowed Uses and Permit Requirements for Residential Zones Exhibit B – Table 2-3 Allowed Uses and Permit Requirements for Mixed Use Zones Exhibit C - Table 2-5 Allowed Uses and Permit Requirements for Commercial Zones Exhibit D - Day Care Facilities
Exhibit E - Table 7-3 Types of Minor Variances Allowed
Exhibit F - Table 7-2 Review Authority for Site Plan and Design Review Exhibit G - Table 5-1 Subdivision Review Authorities
Exhibit H - Table 7-1 Review Authority
Exhibit I - Table 2-3 Refueling and Service Station Zones Exhibit J – Accessory Structures
Exhibit K – Accessory Dwelling Units
177
178
EXHIBIT A
Table 2-1 Allowed Uses and Permit Requirements for Residential Zones Table 2-1
Allowed Uses and Permit
Requirements
Residential Zones
Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
R-LD R-MD R-HD R-UHD Specific Use
Regulations
Residential Uses
Guest Houses P P P P Section 18.48. 100
Home Businesses HOP HOP HOP HOP Section 18.48.110
Multi-Family Dwellings — P P P
Residential Model Homes AUP AUP AUP AUP
Accessory Dwelling Unit P P P P Chapter 18.96
Junior Accessory Dwelling Unit P P P P Chapter 18.96
Single-Family Dwellings, Attached P P P P
Single-Family Dwellings, Detached P P P P
Single Room Occupancy Facilities
(DROs)
P P P P
Supportive Housing P P P P
Two-Family Dwellings — P P P
Transitional Housing P P P P
Visitor Accommodations, Residential
Bed & Breakfast Inns — CUP CUP CUP
Short-Term Lodging — CUP CUP CUP
Care Uses
Note: Family Day Care Homes are allowed by right wherever residential uses are allowed in the provider’s own home.
Adult Day Care1
Small (8 or fewer) P P P P
Large (9 to 14) AUP AUP AUP AUP
Child Day Care
Small (8 or fewer) P P P P
Large (9 to 14) P P P P Section 18.48. 060
Cooperatives (12 or fewer) P P P P Section 18.48.060 Day Care, General (15 or more) CUP CUP CUP CUP
Convalescent Facilities — — — —
Residential Care Facilities
Limited (8 or fewer) P P P P
General (9 or more) CUP CUP CUP CUP
Other Uses
179
Accessory Structures and Uses P P P P Section 18.48. 020 Agricultural Uses - Limited to Community
Gardens Only
P P P P
Animal Keeping P P P P Section 18.48. 050
Charitable Organizations and Institutions CUP CUP CUP CUP Cultural Institutions CUP CUP CUP CUP
Institutional and Community Facilities CUP CUP CUP CUP
Neighborhood Service Uses — — CUP CUP Section 18.10.030 Public Assembly/Meeting Facilities — CUP CUP CUP
Public Buildings, Facilities, and Uses — — — —
Schools, Public and Private CUP CUP CUP —
Special Events Municipal Code Chapter 12.08
Temporary Uses TUP TUP TUP TUP Chapter18.94
Minor TUP exempt from
Appeal
Utilities, Minor P P P P
Utilities, Major — CUP CUP CUP
EXHIBIT B
Table 2-3 Allowed Uses and Permit Requirements for Mixed Use Zones Table 2-3
Allowed Uses and Permit
Requirements
Mixed Use Zones
Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
MUC MUL MUH Specific Use
Regulations
Industry, Manufacturing and Processing, Warehousing Uses Industry — — —
Research and Development CUP CUP CUP
Recreation, Education, and Public Assembly Uses
Charitable Organizations and
Institutions
— — —
Clubs — — —
Commercial Recreation and
Entertainment
— — —
Cultural Institutions CUP CUP CUP
Institutional and Community Facilities — — —
Park/Plaza/Open Space CUP CUP CUP
Public Assembly/Meeting Facilities CUP CUP CUP
Schools, Public and Private — — —
Residential Uses
Multiple-Family Dwellings
180
Located on 1st floor P — —
Located above 1st floor P P P
Navigation Centers, Low Barrier
Located on 1st floor P — —
Located above 1st floor P P P
Single-Family Dwellings - Attached Only
Located on 1st floor P — —
Located above 1st floor P P P
Supportive Housing — — —
Located on 1st floor P — —
Located above 1st floor P P P
Accessory Dwelling Unit2 Chapter 18.96
Located on 1st floor P — —
Located above 1st floor P P P
Junior Accessory Dwelling Unit, where
single-family residences are permitted
Chapter 18.96
Located on 1st floor P — —
Located above 1st floor P P P
Two-Family Dwellings - Attached Only
Located on 1st floor CUP CUP CUP
Located above 1st floor P P P
Transitional Housing — — —
Located on 1st floor P — —
Located above 1st floor P P P
Home Businesses HBP HBP HBP Section 18.48.100
Live-work Units CUP CUP CUP Not allowed on 1st floor
Care Uses
Note: Family Day Care Homes are allowed by right wherever residential uses are allowed in the provider’s own home.
Adult Day Care3
Small (8 or fewer) — — —
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
Large (9 to 14) Section 18.48.100
Located on 1st floor CUP — —
Located above 1st floor CUP CUP CUP
Child Day Care
Small (8 or fewer) — — —
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
Large (9 to 14)
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
181
Cooperative (12 or fewer)
Located on 1st floor P — —
Located above 1st floor P P P
Day Care, General (15 or more) CUP CUP CUP
Residential Care Facility
Limited (8 or fewer)
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
General (9 or more)
Located on 1st floor CUP — —
Located above 1st floor CUP CUP CUP
Retail Trade Uses
Alcohol Sales (off-site-sale) CUP CUP CUP Section 18.48.030 Alcohol Sales (off-site-sale), Accessory CUP CUP CUP Section 18.48.030 Alcohol Sales (on-site-sale) CUP CUP CUP Section 18.48.030 Retail Sales P P P
Retail Sales (Used Merchandise) P P P Section 18.48.170 Retail Sales (Used Merchandise) -
Restricted
AUP AUP AUP Municipal Code Chapter
5.40 Service Uses - Business, Financial, Medical, and Professional ATM's P P P
Emergency Health Care Facilities/Urgent
Care
CUP CUP CUP
Financial Institutions and Related
Services
CUP CUP CUP
Financial Institutions and Related
Services, Non-Chartered
— — — Section 18.48.080
Offices - Business P P P
Offices - Medical and Dental CUP CUP P
Offices - Professional CUP CUP P
Prescription Pharmacies, Only When in
Connection With Medical Offices
P P P
Service Uses - General
Animal Sales and Services
Animal Grooming — — —
Animal Retail Sales — — —
Veterinary Services — — —
Artists Studios CUP CUP CUP
Eating and Drinking Establishments
Food Service (no alcohol sales [bars,
lounges, or nightclubs], drive-through,
fast-food, or late hours)
P P P
Food Service (with alcohol sales [bars,
lounges, or nightclubs], drive-through,
fast-food, or late hours)
CUP CUP CUP
Health/Fitness Facilities
182
Small - Less than 2,000 sq. ft. P P P
Large - 2,000 sq. ft. or greater AUP AUP AUP
Laboratories CUP CUP CUP No Hazardous
Materials
Maintenance and Repair Services CUP CUP CUP
Personal Services
Massage Establishments CUP — —
Massage Services, Accessory CUP — —
Nail Salons AUP AUP AUP
Personal Services - General CUP CUP CUP
Personal Services - Restricted CUP CUP CUP
Personal Storage (Mini Storage) AUP AUP —
Postal and Package Shipping Services P P P
Printing and Duplicating Services AUP AUP AUP
Smoking Lounges — — —
Visitor Accommodations
Hotels, Motels, and Time Shares CUP CUP CUP
Bed and Breakfast Inns CUP CUP CUP
Transportation, Communications and Infrastructure Uses
Utilities, Minor P P P
Utilities, Major AUP AUP AUP
Wireless Telecommunication Facilities See Chapter 18.42 Vehicle Rental, Sale and Service Uses
Vehicle/Equipment Rentals
Vehicle Washing — — —
Refueling/Service Stations
(only on University Avenue between
Donohoe and Bell Streets)
C C C Section 18.48.180.B.3
No incidental
repair/service
Other Uses
Accessory Structures and Uses P P P
Charitable Organizations and
Institutions
CUP CUP CUP
Emergency Shelters See Chapter 6 of the Specific Plan for Emergency Shelters Personal Property Sales — — —
Public Buildings, Facilities, and Uses CUP CUP CUP
Special Events Municipal Code Chapter 12.08
Temporary Uses TUP TUP TUP Chapter 18.94
Minor TUP exempt from
appeal
183
EXHIBIT C
Table 2-5 Allowed Uses and Permit Requirements for Commercial Zones Table 2-5 Allowed Uses and Permit
Requirements
Commercial Zones Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
C-G C-N C-0 Specific Use
Regulations
Industry, Manufacturing and Processing, and Warehousing Uses Handicraft Industry P P —
Industry
Industry, Small (Less than 5,000 sq. ft.) P — —
Industry, Small (5,000 sq. ft. or greater) AUP P —
Personal Storage (Mini Storage) CUP — —
Recycling Facilities
Small Collection Facilities CUP CUP CUP
Large Collection Facilities — — —
Research and Development, General CUP CUP CUP
Research and Development, Restricted CUP CUP CUP
Recreation, Education, and Public Assembly Uses
Charitable Organizations and Institutions — — —
Clubs CUP — CUP
Commercial Recreation and Entertainment
Indoor Facilities P AUP —
Outdoor Facilities P CUP —
Dance Academies and Halls AUP AUP AUP
Electronic Amusement Devices (Up to 5) — — —
Electronic Amusement Devices (6 or more) — — —
Cultural Institutions CUP — CUP
Institutional and Community Facilities AUP AUP AUP
Park/Plaza/Open Space P P P
Public Assembly/Meeting Facilities CUP CUP CUP
Schools, Public and Private CUP CUP CUP
Retail Trade Uses
Alcohol Sales (off-site sale) CUP CUP CUP Section 18.48.030 Alcohol Sales (off-site sale), Accessory Uses CUP CUP CUP Section 18.48.030 Alcohol Sales (on-site sale) CUP CUP CUP Section 18.48.030 Prescription Pharmacies, Medical Supplies P P P
Retail Sales
Retail Sales (less than 10,000 sq. ft.) P P P Section 18.48.170 Retail Sales (10,000 sq. ft. or greater) AUP AUP AUP
184
Retail Sales (Used Merchandise) - General P — — Section 18.48.170 Retail Sales (Used Merchandise) -
Restricted
AUP — — Municipal Code
Chapter 5.40
Residential Uses
Note: Family Day Care Homes are allowed by right wherever residential uses are allowed in the provider’s own home.
Adult Day Care
Small (8 or fewer) CUP AUP CUP
Large (9 to 14) CUP CUP CUP
Child Day Care
Small (8 or fewer) CUP AUP CUP
Large (9 to 14) CUP AUP CUP Section 18.48.060
Small (8 or fewer), as an accessory use to a
large commercial project
CUP CUP CUP
Large (9 to 14), as an accessory use to a
large commercial project
CUP CUP CUP Section 18.48. 060
Cooperatives (12 or fewer) CUP P CUP Section 18.48. 060 Day Care, General (15 or more) CUP CUP CUP
Emergency Shelters CUP CUP CUP See Other Uses
Accessory Dwelling Unit — P — Chapter 18.96
Junior Accessory Dwelling Unit, where singlefamily residences are permittedChapter 18.96 Located on 1st Floor — — —
Located Above 1st Floor — P —
Multi-Family Dwellings
Located on 1st Floor — — —
Located Above 1st Floor — P —
Navigation Centers, Low Barrier
Located on 1st Floor — — —
Located Above 1st Floor — P —
Single-Family Dwellings - Attached Only
Located on 1st Floor — — —
Located Above 1st Floor — P —
Two-Family Dwellings - Attached Only
Located on 1st Floor — — —
Located Above 1st Floor — P —
Home Businesses — HOP — Section 18.48. 110
Live-work Units P P P Not allowed on 1st floor
Residential Care Facility
Limited (8 or fewer) CUP AUP CUP
General (9 or more) CUP CUP CUP
Service Uses - Business, Financial, Medical, and Professional ATM's P P P
Convalescent Facilities AUP AUP —
185
Emergency Health Care Facilities/Urgent
Care
CUP CUP CUP
Financial Institutions and Related Services P P P
Financial Institutions and Related Services,
Non-Chartered
CUP CUP — Section 18.48.080
Hospitals, Rest Homes, and Sanitariums CUP — CUP
Offices - Business P P P
Offices - Corporate P P P
Offices - Financial Intuitions P P P
Offices - Medical and Dental P P P
Offices - Professional P P P
Outpatient Surgery Facility CUP CUP CUP
Prescription Pharmacies, Only When in
Connection With Medical Offices
P P P
Service Uses - General
Ambulance Services CUP CUP CUP
Animal Sales and Services (Small)
Animal Boarding/Kennels — — —
Animal Grooming — — —
Animal Retail Sales — — —
Veterinary Services CUP CUP CUP
Catering Services AUP AUP AUP
Dry Cleaning Establishments (Retail Only) AUP CUP —
Eating and Drinking Establishments
Food Service (no alcohol sales [bars,
lounges, or nightclubs], drive-through, fastfood, or late hours) P P P
Food Service (with alcohol sales [bars,
lounges, or nightclubs], drive-through, fastfood, or late hours)
CUP CUP CUP
Funeral Homes and Mortuaries, No
Crematorium
— — —
Funeral Homes and Mortuaries, With
Crematorium
— — —
Health/Fitness Facilities
Small - Less than 2,000 sq. ft. P P P
Large - 2,000 sq. ft. or greater AUP — AUP
Laboratories P — AUP
Maintenance and Repair Services P P P
Personal Services
Massage Establishments — — —
Massage Services, Accessory — — —
Nail Salons P P P
Personal Services - General P P P
Personal Services - Restricted AUP AUP AUP
Studio P P P
186
Postal and Package Shipping Services P P P
Printing and Duplicating Services P P P
Smoking Lounges — — — Prohibited throughout the
City
Visitor Accommodations
Hotels, Motels, and Time-Shares AUP CUP AUP
Bed and Breakfast Inns CUP CUP CUP
Transportation, Communications, and Infrastructure Uses Communication Facilities P — P
Heliports and Helistops — — —
Parking Facilities for On-site Uses P P P
Parking Structures, Adjacent to Residential
Zone
AUP AUP AUP
Utilities, Minor P P P
Utilities, Major AUP AUP AUP
Wireless Telecommunication Facilities See Chapter 18.42 Vehicle Rental, Sale, and Service Uses
Vehicle Sales CUP CUP CUP
Other Uses
Accessory Structures and Uses P P P
Emergency Shelters
(See Chapter 6 of the Specific Plan for
Emergency Shelters)
CUP CUP CUP
Outdoor Advertising Structures/Signs — — — Chapter 18.32 Outdoor Storage and Display — — —
Special Events Municipal Code Chapter 12.08
Temporary Uses TUP TUP TUP Chapter 18.94
Minor TUP exempt from
Appeal
(Ord. No. 08-2020, § 3, 11-17-2020)
EXHIBIT D
18.48.060 Day Care Facilities
A. Applicability. The provisions in this section apply to care facilities, including Family Day Care Homes, Child Day Care, and Adult Day Care facilities where allowed. Residential Care facilities are subject to Section
18.48.160 – Residential Care Facilities – General of the East Palo Alto Municipal Code.
B. Permit and license required.
1. No person shall establish or operate a Child Day Care (small or large), in any zone, unless the applicable license or permit is approved by the Review Authority. The operator of a care facility shall also obtain the requisite license from the California Department of Social Services, as applicable.
2. The requirement for a discretionary permit shall not apply to any Family Day Care Home (FDCH), as defined in Health and Safety Code Section 1596.78(a), in any zone allowing residential uses, on condition that the operator shall obtain a license from the California Department of Social Services. Said Family 187
Day Care Home means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large Family Day Care Home or a small Family Day Care Home. a. Large Family Day Care Home means a facility that provides care, protection, and supervision for 9 to 14 children inclusive, including children under 10 years of age who reside at the home, as set forth in Government Code Section 1597.465 and as defined in the regulations. b. Small Family Day Care Home means a facility that provides care, protection, and supervision for eight (8) or fewer children, including children under 10 years of age who reside at the home, as set forth in Government Code Section 1597.44 and as defined in regulations.
FDCH uses are allowed by right in any dwelling without any planning permit or business license or home occupation permit unless physical changes are being planned to the site or structure whereupon a planning permit may be required. The approval of local fire, safety and occupancy permits are still required in addition to other mandatory state permits and licenses.
The operator must give the landlord a 30-day notice to add a 7th and 8th child of a small FDCH and the 13th and 14th child of a large FDCH.
Facilities that have 15 or more children are classified as Day Care, General and subject to a Conditional Use Permit in all zones.
3. Permit or license required: The requirement for a discretionary permit and business license shall apply to any care facility, other than Family Day Care Homes, including a Child Day Care, Adult Day Care, and Residential Care Facility defined as follows:
a. A Child Day Care or Day Care Center means a child day care facility, other than a Family Day Care Home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, and includes child care centers licensed pursuant to Government Code Section 1596.951.
b. Adult Day Care as defined in Section 18.08.010-General of Chapter 18.08-Definitions of the East Palo Alto Municipal Code (EPAMC).
c. Residential Care Facility is defined in Section 18.08.010-General of Chapter 18.08-Definitions of the EPAMC as a facility in which multiple unrelated people reside, including but not limited to, health facilities, community care facilities, and alcoholism or drug abuse recovery or treatment facilities as defined in the Health and Safety Code and other similar care facilities. See Section 18.48.160 – Residential Care Facilities – General of the EPAMC for requirements applicable to Residential Care Facilities.
4. All Child Day Care and Adult Day Care facilities that have 15 or more children or adults are classified as Day Care, General and subject to a Conditional Use Permit in all zones.
However, small and large Child Day Care, and small Adult Day Care are a Use by Right in all residential zones, meaning they do not require planning or zoning permits. Business license, and fire and building permits are still applicable.
All other care facilities in non-residential zones that either allow residential uses or prohibit residential uses will be subject to either Administrative or Conditional Use permits as specified in Sections 18.10.020 – Land Use Regulations and Allowable Uses, 18.12.020 – Land Use Regulations and Allowable Uses, and 18.14.020 – Land Use Regulations and Allowable Uses of the EPAMC.
5. In all residential zones a) small (8 or fewer children) and large (9 – 14 children) Child Day Care, small Adult Day Care (8 or fewer) and Limited Residential Care facilities (8 or fewer) are allowed by right; and b) large Adult Day Care (9 to 14) and General Residential Care facilities (9 or more) are subject to Administrative Use Permits and Conditional Use Permits respectively.
In all Mixed Use and non-Residential zones that allow residential uses all non FDCH facilities, with the exception of large Adult Day Care and General Residential Care facilities, are subject to Administrative Use Permits. Large Adult Day Care and General Residential Care facilities are subject to Conditional Use Permits.
188
In all non-residential zones that do not allow residential uses all care facilities, with the exception of FDCH facilities, are subject to Conditional Use Permits.
6. Family Day Care Homes and Cooperative Care uses are allowed by right in all the residential zones, in mixed use zones where residential is allowed, and subject to Conditional Use Permits uses in all commercial zones where residential uses are prohibited.
7. Cooperative. In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible caregiver with respect to all the children in the cooperative.
Other conditions that apply to a cooperative include:
a. Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative. b. There can be no payment of money or receipt of in-kind income in exchange for the provision of care.
This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of which may not exceed the actual cost of the activity.
c. No more than 12 children are receiving care in the same place at the same time.
C. Permit application. When applicable, an application for a discretionary permit shall be filed with the Department and shall include all of the following information:
1. A scale drawing of any structural alterations or improvements being made to the premises for the purpose of operating the day care facility;
2. A drawing of the site and the residential structure, showing the size, dimensions, and location of the interior and exterior areas to be utilized for operation of the day care facility, including the location and number of on-site parking spaces and the street access for drop-off and pick-up of children. The drawing shall have a reasonable degree of accuracy and shall contain details as may be required by the Director;
3. Color photographs of the premises, showing all interior and exterior areas to be itemized for operation of the day care facility;
4. A general description of the manner in which the day care facility will be operated, including the maximum number and range of ages of children for whom day care will be provided, the days of the week and hours of the day during which the facility will be operated, the number of persons providing day care services, and designation as to whether the persons are residents of the home; and
5. Any additional information or exhibits as may be required by the Director in order to evaluate the application and the potential impact of the facility upon the neighborhood.
D. Inspection of premises. After the application has been deemed to be complete, the Director shall cause an inspection of the premises to determine whether the facility complies with applicable Building Code requirements for single-family residences and any special fire and life safety standards for large family day care homes as may be adopted by the State Fire Marshal in compliance with Health and Safety Code Section 1597.46(d).
E. Standards. Proposed non FDCH facilities that are not “Uses by Right” shall comply with all of the following:
1. Care provider occupancy. The single-family dwelling in which each care use is located shall is not required to be the principal residence of the care provider. However, in residential zones and the use shall be clearly residential in character subject to State requirements;
2. Separation requirement. A proposed large care facility within a residential zone or mixed use zone shall not be located within 500 feet of another large care facility;
3. Drop-off/pick-up area. A minimum of two off-street parking spaces as a drop-off and pick-up area shall be provided, in addition to the spaces required for the dwelling unit. A driveway may be used to provide the required parking spaces; all subject to State requirements and
4. Noise. In order to protect residents in adjacent dwellings from noise impacts, a facility within a residential zone or mixed use zone shall only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
F. Findings. The Review Authority may allow grant a discretionary permit for a Care facility only if it first finds and determines that:
1. The facility will not create adverse traffic or noise impacts upon the neighborhood; and
2. The facility will comply with all applicable building, fire, and life safety requirements and regulations.
G. Action by Review Authority.
189
1. The Review Authority may approve, approve with conditions, or deny the application for a discretionary permit, and if approved, the permit shall be subject to all imposed conditions; and
2. Every approved discretionary permit shall be subject to the express condition that the permit shall not become effective until the applicant is licensed by the State in compliance with Health and Safety Code Division 2, Chapter 3.6 to operate a Care facility at the subject property, as applicable. The holder of the discretionary permit shall furnish to the Director a copy of the application submitted to the State and a copy of the final determination made by the State. If the application is denied by the State, the discretionary permit approved in compliance with this Section is void.
H. Expiration, extension, and review of permit.
1. A discretionary permit approved in compliance with this section shall expire 12 months from the date on which the approval of the permit became effective unless, before the expiration date, the Care facility is established and operating on the approved site.
2. The established expiration date may be extended by the Review Authority for a period(s) of time not exceeding a total of 24 months. Application for extension shall be filed before the expiration date. No fees or costs shall be imposed for the filing and processing of the application. A public hearing shall be conducted on the application for extension. Extension of a discretionary permit is not a matter of right and the application may be denied or approved subject to conditions.
3. The Review Authority may, at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of the permit or impose new conditions if the Review Authority first determines that the action is necessary in order to mitigate any adverse impacts that may be created from the operation of the Care facility.
EXHIBIT E
Table 7-3 Types of Minor Variances Allowed
Table 7-3
Types of Minor Variances Allowed
Maximum
Variance
1. Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site. 10 percent
2. Impervious surface coverage. An increase of the maximum allowable impervious surface coverage.
10 percent
3. Projections. An increase in the allowed projection of chimneys, eaves, fireplaces, landings, overhangs, stairways, and steps into any required front, side, or rear setbacks.
10 percent
4. Reduction of landscape standards. Reduction of required on-site landscaping standards.
10 percent
5. Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, and side) for structures.
10 percent
6. Signs. Sign regulations (other than prohibited signs). 10 percent
7. Structure heights. An increase in the maximum allowed height of structures. 5 percent
8. Code Enforcement. A reduction in development standards, if doing so will help the City abate a public nuisance as part of a code enforcement hearing or process. 10 percent
9. Nonconforming Adjustments 10 percent
EXHIBIT F
Table 7-2 Review Authority for Site Plan and Design Review Table 7-2
Review Authority for
Site Plan and Design Review
Review Level(1)(2)
Director Commission(3)
New Construction, Additions and Modifications
Additions, New Construction or
Modifications ≤1,000 sq. ft.
Decision Appeal
190
Additions, New Construction or
Modifications >1,000 sq. ft.
Recommend Decision
Other Non-Residential Construction
Façade or exterior improvements
≤1,000 sq. ft.
Decision Appeal
Façade or exterior
improvements >1,000 sq. ft.
Recommendation Decision
Landscaping Decision Appeal
EXHIBIT G
Table 5-1 Subdivision Review Authorities
Table 5-1
Subdivision Review Authorities
Type of Decision Applicable
Chapter or
Section
Director Commission Council(3)
Amendments to
Approved Tentative
Maps
18.52.120 Decision Appeal Appeal
Certificates of
Compliance
18.56.020 Decision Appeal Appeal
Condominiums:
Residential
Condominiums
18.64 Recommend Decision Appeal
Residential
Condominium
Conversions
18.66 N/A Recommend Decision
Non-Residential
Condominium
Conversions
18.68 Recommend Decision Appeal
Correction and
Amendments to
Recorded Maps
18.54.060 Decision Appeal Appeal
Extensions of Time -
Tentative Maps
18.52.020 Decision Appeal Appeal
Final Parcel Maps,
Without Dedications
18.54.040 Decision Appeal Appeal
Final Parcel Maps,
With Dedications*
18.54.040 B.2.c Recommend N/A Appeal
Final Tract Maps,
Vesting Tract Maps
without Dedications
18.54.040 B.2.c Decision Appeal Appeal
Final Tract Maps,
Vesting Tract Maps
with Dedications
18.54.040 C Recommend N/A Decision
Lot Line
Adjustments
18.56.030 Decision Appeal Appeal
Parcel Mergers 18.56.040 Decision Appeal Appeal
Reversion to
Acreage
18.56.050 Recommend Recommend Decision
Subdivision
Improvement Plans
18.58.040 Decision Appeal Appeal
191
Tentative Tract
Maps, Vesting
Tentative Maps
18.52.100 Recommend Decision Appeal
Tentative Parcel
Maps, Vesting
Tentative Parcel
Maps
18.52.040 Recommend Decision Appeal
Tentative Parcel
Maps, only when
creating no more
than one additional
parcel, without
dedications
18.52.040 Decision Appeal Appeal
Tentative Parcel
Maps, with
dedications*
18.52.040 Recommend Decision Appeal
Wavier of Parcel
Maps
18.54.010 Decision Appeal Appeal
Subdivision
Improvement
Agreement
18.70.050 Decision Appeal Appeal
EXHIBIT H
Table 7-1 Review Authority
Table 7-1 Review Authority
Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Commission Council
A. Administrative Permits and Actions
Adjustment Permits Ch. 18.87 Decision N/A N/A
Administrative Use Permits Ch. 18.86 Decision Appeal Appeal Development Code Interpretations Ch. 18.12 Decision Appeal Appeal Joint/Off-Site Parking Plans Ch. 18.36 Decision Appeal Appeal Minor Variances Ch. 18.90 Decision Appeal Appeal Preliminary Ministerial Review Clearances Ch. 18.85 Decision N/A N/A Reasonable Accommodations Ch. 18.94 Decision Appeal Appeal Sign Permits/Comprehensive Sign
Programs
Ch. 18.38 See Table 7-2 (Site Plan and
Design Review Authorities)(3)
Site Plan and Design Reviews Ch. 18.86 See Table 7-2 (Site Plan and Design Review Authorities)(3)
Temporary Use Permits (TUP) Ch. 18.94 Decision
(Minor TUP
exempt from
Appeal)
Appeal Appeal
Tree Removal Permits Ch. 18.28 Decision Appeal N/A Zoning Clearances Ch. 18.84 Issuance Appeal Appeal 192
EXHIBIT I
Table 2-3 Refueling and Service Station Zones
Table 2-3
Allowed Uses and Permit
Requirements
Mixed Use Zones
Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
MUC MUL MUH Specific Use
Regulations
Vehicle Rental, Sale and Service Uses
Vehicle/Equipment Rentals
Vehicle Washing — — —
Refueling /Service Stations (only on
University Avenue between Donohoe
Street and Bell Street)
C C C Section 18.48.180.B.3
• No incidental
repair/service
EXHIBIT J
Chapter 18.24 Accessory Structures
Permit Requirements
(§18.24.020)
B. Exemptions for Residential Zones. Storage sheds and other similar accessory structures that comply with the following regulations are required to receive a Zoning Clearance or Permit Adjustment.
1. The footprint of the structure is not more than 120 square feet and is less than 17 feet in total height;
2. The structure does not occupy more than 25 percent of the rear setback area;
3. The structure is located at least three feet from all property lines and at least three feet from any adjacent structures;
4. The structure does not exceed the site coverage limitations for the zone in which it is located;
5. The structure is constructed of materials that are visually appealing, painted or stained (unless natural wood will weather attractively), and if the structure has a pitched roof, the roof does not produce glare;
6. The structure is built to the specifications of the California Building Code as well as any other applicable codes in
force;
7. If the structure is proposed on a corner parcel, it shall not encroach upon the exterior side setback; and
8. The structure is not proposed in any setback other than the rear setback, unless approved by the Director.
Standards for Accessory
Structures
(§18.24.030)
A. Residential Zones, Nonexempt Structures.
1. Structures greater than 120 square feet. A one-story detached accessory structure with a footprint greater than 120 square feet may be constructed after approval of a
193
Zoning Clearance or Permit Adjustment and obtaining
building permits, if all of the following requirements are met:
a. The structure does not occupy more than 25 percent of the front or rear yard.
b. At least 700 square feet of useable rear yard area is maintained.
c. The structure has a height no greater than 17 feet.
d. The structure is located as follows:
(1) At least six feet from the rear property line;
(2) In the rear half of the lot;
(3) At least three feet from side property lines; and
(4) At least six feet from any adjacent structures.
e. The structure has a projected roof area of less than 1,000 square feet;
f. The structure does not exceed the site coverage
limitations for the zone in which it is located;
g. The structure is constructed of a material that is visually appealing, painted or stained, fully enclosed, and with a hip or other approved roof that does not produce glare, and of a compatible exterior appearance with the principal structure on the premises;
h. The applicant has submitted plans to the Building Official and has received a building permit to proceed with
construction; and
i. If the structure is proposed on a corner parcel, the structure does not encroach upon the exterior side
setback.
B. Nonresidential Zones, Development Standards. All of the following regulations apply to all accessory structures in nonresidential and mixed use zones:
1. Incidental to the primary structure or use. The
accessory structure shall serve occupants and/or patrons of the primary structure or use and shall not alter the character of the site or use;
2. Height. The height is limited to one story no greater than 17 feet in height;
3. Setbacks. All accessory structures shall meet the setback requirements for the zone in which they are located;
4. Site coverage. The total square footage of all accessory structures on a parcel, including any exempt structures, counts toward the calculation of total site coverage for the zone in which they are located; and
5. Architectural consistency. All accessory structures shall be consistent in exterior appearance with the primary
structure through the use of similar/matching exterior paint colors, material types, roof materials, and architectural style, as determined by the Director.
194
EXHIBIT K
Chapter 18.96 Accessory Dwelling Units
§18.96.010 - Definitions detached residential dwelling unit providing complete independent living facilities for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation facilities which are defined as a full bathroom (tub/shower, sink, and a toilet).
An ADU also includes an efficiency unit, as defined in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.
Junior Accessory Dwelling Unit (JADU). A residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen including a cooking facility with appliances, food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU and consistent with building code standards, is contained entirely within a single-family residence., including an attached garage, and may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Livable Space. Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Primary Dwelling Unit. The single-family dwelling or multiple-family dwelling but does not include an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). An attached garage is considered part of the primary dwelling unit.
Public Transit. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. §18.96.030.A.4 – General
Provisions
Except as otherwise provided in this chapter, an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) that meets all of the following specified development standards shall be approved by the City:
A. Zoning. ADUs are allowed on parcels zoned to allow single-family dwellings or multiple-family dwellings, including mixed-use zones.
JADUs are allowed on parcels zoned to allow single-family dwellings and are not permitted on a property with a multiplefamily dwelling.
B. Density. An ADU or JADU unit conforming to the requirements of this chapter shall not be included in the calculation of residential density for the purpose of determining general plan and zoning conformance and is deemed to be a residential use consistent with the existing General Plan and zoning designations for the parcel.
C. Single-Family Dwellings. Any of the following may be permitted on a parcel with an existing or proposed single-family dwelling:
1. One JADU that meets the standards in Section 18.96.060 below. JADUs are only permitted on a parcel with no more than one existing or proposed single-family dwelling.
2. One new construction, attached or detached ADU that meets the standards in Section 18.96.050 below.
195
3. One accessory dwelling unit created from converted existing space within the walls of a proposed or existing single-family detached dwelling or within an existing accessory structure, including a detached garage, that meets the standards in Section 18.96.050. An existing single-family residence may be converted to an ADU in conjunction with the development of a new primary dwelling unit on the site and in conformity with the development standards in Section 18.96.050.
D. Multiple-family Dwellings. Multiple-family dwelling units as specified in Subsection 18.96.030.E below. For purposes of this Chapter 18.96 only, multiple-family dwelling units includes two family dwellings.
E. Statewide Exemption ADUs. Any of the following will be ministerially permitted on a parcel and are not required to meet the additional development and design standards in the underlying zoning district or in Section 18.96.050, unless specified:
1. One ADU and one JADU per parcel with a proposed or
existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the
same physical dimensions as the existing structure. An
expansion beyond the physical dimensions of the
existing structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or
existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The JADU complies with the requirements of Section
18.96.060 below.
2. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, does not exceed 800 square feet in floor area, and does not exceed the allowed height in Subsection 18.96.050.C, below. The ADU may be combined
with a JADU that meets the standards as described in Section
18.96.060.
3. Multiple ADUs within the portions of a multiple-family building that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of ADUs permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multiple-family dwelling, or one, whichever is greater.
4. Multiple detached ADUs, not to exceed:
a. Eight detached accessory dwelling units on a lot with an existing multi-family dwelling. However, the number of
accessory dwelling units shall not exceed the number of existing units on the lot.
b. Two detached accessory dwelling units on a lot with a 196
proposed multi-family dwelling.
c. The allowed height in Subsection 18.96.050.C and
must have a minimum rear and side setbacks of four
feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the existing
multifamily dwelling will not be required to be modified to meet this setback.
§18.96.050.A.2 –
Development Standards
A. The ADU shall comply with the requirements of the underlying zoning district unless:
1. The requirements are inconsistent with the provisions of this chapter, in which case the standards of this section shall apply;
2. The application is to legalize an unpermitted ADU or unpermitted JADU that was constructed prior to January 1, 2020, even if the ADU or JADU is nonconforming with local zoning, Government Code Section 65852.2, and/or California and local building code requirements. However, the City may deny the application for an unpermitted accessory dwelling unit or junior accessory dwelling unit if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code
Section 17920.3; or
3. Limits on size based on a percentage of the proposed or existing primary dwelling, lot coverage, floor area ratio, front set back, open space, and size shall permit, or shall be waived in order to allow, a detached or attached ADU up to 800 square feet in size with four-foot side and rear yards, if the proposed ADU is in compliance with all other development standards.
§18.96.090 – Non-Permitted
ADUs and JADUs
The establishment or continuance of an ADU or JADU without a permit as required under this chapter is declared to be unlawful and shall constitute a misdemeanor violation of this chapter and a public nuisance. ADUs and JADUs constructed prior to January 1, 2020 shall be issued a permit in accordance with Section 18.96.050. Any violation of this chapter shall be subject to the enforcement provisions and penalties as prescribed in Chapter 18.118. The enforcement of the code violation abatement shall be consistent with Health & Safety Code Section 17980.12
§18.96.050.G – Development
Standards
G. Replacement Parking: Replacement parking shall not be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU, or conversion of that parking structure into an ADU. 197
ATTACHMENT 2
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
ADOPTING DEVELOPMENT CODE TEXT AMENDMENT ZTA24-001 AMENDING TITLE 18 (DEVELOPMENT CODE) OF THE EAST PALO ALTO MUNICIPAL CODE (EPAMC) SPECIFICALLY TO 1) AMEND CHAPTER 18.96 TO AMEND SECTIONS 18.96.010,
18.96.030.E.4, 18.96.050.A.2, 18.96.050.A.2, 18.96.090, AND 18.96.050.G TO RECONCILE
THE EAST PALO ALTO MUNICIPAL CODE (EPAMC) WITH STATE LEGISLATION ON ACCESSORY DWELLING UNITS; 2) AMEND SECTIONS 18.10.020 TABLE 2-1, 18.12.020 TABLE 2-3 AND 18.14.020 TABLE 2-5 TO SUPPLEMENT LAND USE REGULATIONS AND ALLOWABLE USES, AND 18.48.060 TO FACILITATE CHILD DAY CARE AND OTHER CARE USES; 3) AMEND SECTIONS 18.10.020 TABLE 2-1, 18.12.020 TABLE 2-3 AND
18.14.020 TABLE 2-5 TO SUPPLEMENT LAND USE REGULATIONS AND ALLOWABLE USES, 18.08.010 OF CHAPTER 18.08 TO ADD A DEFINITION OF LOW BARRIER NAVIGATION CENTER AND ADD A NEW SECTION 18.48.116 TO CHAPTER 18.48 OF THE EPAMC TO ALLOW THE DEVELOPMENT OF LOW BARRIER NAVIGATION CENTERS; 4) AMEND CHAPTER 18.30 TO AMEND SECTIONS 18.30.080.B.2 AND C.3, AND ADD SECTIONS 18.30.010.G AND 18.30.080.B.3 TO B.5 TO ALLOW UNBUNDLED PARKING; 5) AMEND SECTION 18.26.020A.2, ADD SECTION 18.26.020.E., AND AMEND SECTION
18.90.020 TABLE 7-3 TYPES OF MINOR VARIANCES ALLOWED TO ALLOW SEVENFOOT AND CERTAIN EIGHT-FOOT FENCES, HEDGES AND WALLS WITHOUT VARIANCE; 6) AMEND SECTIONS 18.10.020, 18.12.020 AND 18.14.020 TO SYNCHRONIZE
CERTAIN NOTATIONS UNDER SPECIFIC USE REGULATIONS WITH THE RIGHT LAND USE PROVISIONS; 7) AMEND CHAPTER 15.52 FLOODPLAIN MANAGEMENT TO
REALIGN THE RESPONSIBILITIES OF STAFF WITH RESPECT TO FLOOD MANAGEMENT; 8) AMEND SECTION 18.86.030.A TABLE 7-2 REVIEW AUTHORITY FOR
SITE PLAN TO RECLASSIFY VARIOUS SIZES OF NON-RESIDENTIAL CONSTRUCTION ACTIVITIES SUBJECT TO DIFFERENT REVIEW LEVELS; 9) AMEND SECTIONS
18.50.060.A TABLE 5-1 ADVISORY AGENCIES FOR SUBDIVISIONS, AND 18.54.030.B.4 ON THE REVIEW OF MAPS; 10) ADD A NEW CHAPTER 18.87 ON PERMIT ADJUSTMENTS AND AMEND SECTION 18.82.020 – AUTHORITY FOR LAND USE AND ZONING DECISIONS TABLE 7-1 TO INCLUDE ADJUSTMENT PERMITS; 11) AMEND SECTIONS 18.12.020 TABLE 2-3 TO ALLOW REFUELING AND SERVICE STATION USE AS A CONDITIONAL USE PERMIT AND 18.48.180 SERVICE STATIONS TO FACILITATE REFUELING AND SERVICE STATIONS; 12) AMEND SECTIONS 13.24.400.A AND B ON TURF SELECTION AND LIMITATION AND 18.30.080.A.4 ON PAVED AREAS IN FRONT YARD TO SUPPLEMENT FRONT YARD LANDSCAPE STANDARDS; 13) AMEND SECTIONS 18.28.060.G AND 18.28.110.A TO STREAMLINE THE PROCESSING OF TREES ON PRIVATE PROPERTY, 14) AMEND SECTION 18.10.030 DEVELOPMENT STANDARDS BY ADDING SUB-SECTION 18.10.030.G TO FACILITATE THE REMODELING OF EXISTING SINGLE-FAMILY DWELLINGS IN THE R-MD ZONE, 15) AMEND CHAPTER 18.24 TO INCREASE THE HEIGHT OF ACCESSORY STRUCTURES FROM 15-FEET TO 17-FEET (SECTIONS 18.24.020.B.1, 18.24.030.A.1.C, AND 18.24.030.B.2) CONSISTENT WITH THE
HEIGHT REQUIREMENTS FOR SIMILAR STRUCTURES SUCH AS ACCESSORY DWELLING UNITS, INCLUDE A PERMIT ADJUSTMENT (SECTIONS 18.24.020.B AND 198
18.24.030.A.1) AS A REQUIRED APPROVAL TYPE FOR ACCESSORY STRUCTURES, AND CORRECT THE USEABLE REAR YARD AREA TO BE MAINTAINED FROM 750- SQUARE FEET TO 700-SQUARE FEET (SECTION 18.24.030.A.1.B) AS WAS ADOPTED BY COUNCIL ORDINANCE ON FEBRUARY 6, 2024 WITH ZONING TEXT AMENDMENT ZTA23-001, AND 16) AMEND CHAPTER 18.94 TO AMEND SECTION 18.94.110 TO MAKE
ADMINISTRATIVELY APPROVED MINOR TEMPORARY USE PERMITS ISSUED FOR ONE TO SIX DAYS FINAL UPON ISSUANCE AND NOT SUBJECT TO THE APPEAL PERIOD.
WHEREAS, Chapter 18.114 of the City of East Palo Alto Development Code allows for amendments to the Development Code and provides procedures for processing such amendments; and
WHEREAS, Section 18.114.060 of the City of East Palo Alto Development Code sets forth findings for Development Code amendments; and
WHEREAS, the Planning Commission of the City has reviewed the proposed amendments to the City of East Palo Alto’s Development Code at two duly and properly noticed public hearings on October 28, 2024 and January 13, 2025 and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff, and has found that the proposed amendments are consistent with the goals and policies of the City’s General Plan, and recommends adoption of the proposed amendments by the City Council of the City of East Palo Alto (“City Council”); and
WHEREAS, the City Council conducted duly and properly noticed public hearings on February 18, 2025 to consider the proposed amendments to the Development Code and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff, and finds and determines that the proposed amendments to the City of East Palo Alto Development Code are adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare; and
WHEREAS, based on the evidence in the administrative record, the City Council finds foregoing recitals are true and correct, and are incorporated by this reference into this action as a legislative finding of fact, as required by Section 18.114.060 of the City of East Palo Alto Development Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 18.08 AMENDED
Section 18.08.010 is hereby amended to add the definition of “Low Barrier Navigation Center”, as follows:
Low Barrier Navigation Center. In compliance with Government Code Section 65660 a “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 199
SECTION 2. CHAPTER 18.10 AMENDED
Section 18.10.020 Table 2-1 Land Use Regulations and Allowable Uses for Residential Zones is hereby amended as shown in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3. CHAPTER 18.12 AMENDED
Section 18.12.020 Table 2-3 Land Use Regulations and Allowable Uses for Mixed Use Zones is hereby amended as shown in Exhibit “B”, attached hereto and incorporated herein by reference.
SECTION 4. CHAPTER 18.14 AMENDED
Section 18.14.020 Table 2-5 Land Use Regulations and Allowable Uses for Commercial Zones is hereby amended as shown in Exhibit “C”, attached hereto and incorporated herein by reference.
SECTION 5. CHAPTER 18.48 AMENDED
Section 18.48.060 Child Day Care is hereby amended to Day Care Facilities as shown in Exhibit “D”, attached hereto and incorporated herein by reference, to facilitate Child Day Care and other Care Uses.
Section 18.48.116 is hereby added to allow the development of Low Barrier Navigation Centers to read:
A. Applicability: “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
5. “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.
B. Zoning: In compliance with Government Code Section 65662 a “Low Barrier Navigation Center” development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses
C. Ministerial Approval: A “Low Barrier Navigation Center” development shall be permitted provided that it meets the following requirements:
200
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
D. Review Conditions: In compliance with Government Code Section 65664:
1. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943.
2. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
E. Applicability: “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
Section 18.48.180 Service Stations is hereby amended to amend sub-sections 18.48.180.B.3 and 18.48.180.B.5 and add subsections 18.48.180.B.12 and 18.48.180.B.13 to read:
3. Allowed uses. Service Stations shall be allowed by Conditional Use Permit only in the mixed-use zones along University Avenue between Donohoe Street and Bell Street. The primary use of a service station shall be the dispensing of motor fuels, lubricants, vehicle recharging, and the exchange of motor vehicle parts in kind. Limited Incidental vehicle/equipment repair shall be limited to the hours of 7:00 a.m. to 7:00 p.m., daily. Such repair/service include air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries and accessories installation.
5. Sale of alcoholic beverages convenience goods. The sale of convenience goods, alcoholic beverages, or other items unrelated to the operation of motor vehicles are only allowed subject to the approval of a Conditional Use Permit.
12. Associated Uses. Car Wash use and other uses associated with service stations may be allowed subject to approval of a Conditional Use Permit. The car wash use shall not include detailing services.
13. Restroom, water point and air supply. Each service station shall provide a restroom, water point and an air supply station for use by patrons at all times when the service station is in operation.
201
SECTION 6. CHAPTER 18.30 AMENDED
Section 18.30.010 is hereby amended to add sub-section G to read:
G. To ensure the most efficient use of parking spaces through such techniques as shared parking, alternating parking and unbundled parking arrangements.
Sub-section 18.30.080.A Single-Family Residential Zones is hereby amended to amend subsection 18.30.080.A.4 to read:
4. Paved areas in front yard. Paved areas within the front yard, including the driveway and any walkways, shall not exceed 50 percent of the front yard area with the remaining area finished in either or both soft landscaping (vegetative materials including container gardens, turf, ground cover, aquatic/semi-aquatic plants, grasses, trees, organic mulch, etc.) and permeable hard landscaping (pea gravel, crushed granite, disjointed/interspersed brink, rock, stone or concrete, timber, bitumen, glass, metals, inorganic mulch, and other construction materials that may be used to avoid the need for mowing, watering/irrigation, fertilizing, and pesticides) landscaped with live plant material. The use of pervious materials for paved areas such as driveways, walkways, patios, and outdoor living areas is strongly encouraged.
Sub-section 18.30.080.B Multiple-Family Residential Zones is amended to read:
1. Parking spaces shall be provided in off-street parking areas located within 1,000 feet of the use they are intended to serve.
2. It is unlawful to rent, lease or otherwise convey to or allow use of a required parking space by any person who is not a tenant or visitor for whom the parking spaces are required unless with the tenant’s consent.
3. For tenancies beginning after June 1, 2014, it is unlawful for any manager or owner of any residential unit to separately charge, require or receive a fee, rent or other remuneration from a resident for the use of the required off-street parking (other than from the consideration received for the rent or lease of the dwelling and its associated parking spaces). All required parking spaces are considered an inseparable part of the rented premises, unless the tenant elects to relinquish access to the off-street parking.
For tenancies beginning after January 1, 2025 (AB1317), off-street parking should be unbundled from individual units within multiple-family residential apartment buildings with 16 or more units (with the exception of units with individual garages, deed restricted units, and rent controlled units) and rents charged separately for the units and the associated parking spaces with a tenant having, in all cases, the first right of refusal for the parking spaces normally required for the unit. Where a tenant declines the parking space(s) the apartment owner or management may lease the parking spaces to any person on a month-to-month basis.
4. Beginning after January 1, 2025 landlords of multiple-family apartment buildings with 16 or more units must maintain separate charges for parking fees and rent for the life of the property. These unbundled fees can be subject to either a distinct rental agreement or an addendum to an existing lease.
5. In the absence of unbundled parking a tenant in a multiple-family residential apartment building shall be allowed to lease the parking spaces assigned to their unit to any person on a month to month.
202
6. 4 All on-site required parking spaces shall be available to the occupants of the property. For properties developed after June 1, 2014, the occupants of each unit shall have use of the parking developed for the unit, unless the tenant elects to relinquish access to the off-street parking. For properties developed before June 1, 2014, with less than two covered parking spaces per unit and where the property owner lives at the multiple-family property, the property owner may reserve for his or her personal use two legal parking spaces (uncovered or covered) which shall be contiguous, if possible. The remaining on-site legal parking spaces not utilized by the property owner shall be allocated among the other units.
7. 5. If a landlord removes an on-site, off-street parking space from a tenancy in violation of these provisions
a. The tenant may apply for a rent decrease by an amount commensurate with the value of the removed parking space for the temporary period of time during which the space is removed;
b. The landlord shall be subject to criminal prosecution; and c. The City may bring a civil action for injunctive relief.
8. 6 Temporary removal of a parking space reasonably necessitated by required repair or maintenance does not give rise to a penalty.
9. 7 A landlord and tenant are not prohibited from voluntarily agreeing to the substitution of one parking space for another at the same property.
Sub-section 18.30.080.C.3 is amended to read:
3. Required parking spaces shall not be rented, leased or otherwise conveyed or used by any person who is not a tenant of, visitor to, or employee for who the parking spaces are required, unless it is determined by a Parking Study that such a lease, rental, or other conveyance will not be detrimental to tenants of, visitors to, or employees for who the parking spaces are required. No employee shall be restricted from using the parking spaces required for the use where he or she is employed. Parking spaces developed in excess of the minimum required for the use may be rented or leased to another business or use.
SECTION 7. CHAPTER 18.26 AMENDED
Sub-section 18.26.020.A.2 is hereby amended to read:
2. Fences, walls, and hedges not exceeding six seven feet in height may occupy any side or rear setback area, provided:
a. They do not extend into any required front setback; and b. In the case of a corner parcel, they do not extend into the side setback area required along a side street or into that portion of the rear setback area abutting a side street that is equal to the width of the side setback required on the side street, except where the side frontage is more than 100 feet from the corner of the parcel as determined by the intersection of the front and side property lines.
Section 18.26.020 is hereby amended to add sub-section 18.26.020.E to read:
203
E. Interface between Single-Family Dwellings and Non-Residential Uses. Rear yard fences between single-family dwellings and non-residential uses may go up to eight feet in height subject to approval of an Adjustment Permit by the Director, provided:
1. The visual impact of the fence on the single-family dwelling is softened by the use of architectural ornamentation or articulation, or soft landscaping as follows:
a. The soft landscape features may include appropriate shrub and vine species with the following characteristics:
• Capable of providing cover, shade and aesthetic value through beautiful foliage and blossoms.
• Be drought-tolerant or at a minimum be able to survive common seasonal droughts.
• Be able to recover quickly from inclement weather or human interference. • Not be invasive to the detriment of other soft landscaping at the dwelling. • Should be capable of growing up to eight feet with trimming. b. The soft landscaping should be strategically planted to promote good growth and cover, with a recommended spacing of 10 to 12 inches for vines and up to three feet for shrubs.
c. The use of cables, wires or climbing lattice is recommended to aid the growth and coverage of vines and to prevent potential damage caused by direct contact with the fence.
d. The architectural ornamentation may include the use of pilasters, wainscoting, cornices or decorative coping, architraves, decorative moldings, trims, etc.
2. The Adjustment Permit application may be initiated by either the owner of the singlefamily dwelling or non-residential property, with the other concurring with the application.
3. The Adjustment Permit application shall be accompanied by a written statement acknowledging the requirement for the architectural ornamentation or soft landscaping per section E.1. above and assigning responsibility for its implementation.
SECTION 8. CHAPTER 18.90 VARIANCES AND MINOR VARIANCES AMENDED Section 18.90.020 Table 7-3 Types of Minor Variances Allowed is hereby amended as shown in Exhibit “E”, attached hereto and incorporated herein by reference.
SECTION 9. CHAPTER 15.52 FLOODPLAIN MANAGEMENT AMENDED
Sections 15.52.040.PR Definitions, 18.52.050.B General Provisions, and 15.52.070.A.3 Elevation and Floodproofing are hereby amended to read:
Section 15.52.040.PR Definitions: "Special flood hazard area" or "SFHA" means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. SFHA may also be designated by the City of East Palo Alto Community Development Public Works Department for riverines not shown on the FIRM, when a hydraulic study has defined the base flood elevations and the area of inundation.
Section 15.52.050.B General Provisions: Basis for Establishing Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the 204
Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS), dated September 19, 1984 and accompanying Flood Insurance Rate Map (FIRM), and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter.
This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study and FIRM are on file at the City of East Palo Alto Community Development Public Works Department.
Section 15.52.070.A.3 Elevation and floodproofing:
a. New construction and substantial improvement of any structure shall have the lowest floor, including basement elevated eighteen (18) inches above the base flood elevation. Nonresidential structures may meet the standards in Section
15.52.070.A.3.b. Upon the completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor, and verified by the community chief building official to be properly elevated. Such certification and verification shall be recorded and filed at the community development department, planning division with the floodplain administrator.
SECTION 10. CHAPTER 18.86 AMENDED
Section 18.86.030 Table 7-2 Review Authority for Site Plan and Design Review is hereby amended as shown in Exhibit “F”, attached hereto and incorporated herein by reference.
SECTION 11. CHAPTER 18.50 AMENDED
Section 18.50.060 Table 5-1 Subdivision Review Authorities is hereby amended as shown in Exhibit “G”, attached hereto and incorporated herein by reference.
SECTION 12. CHAPTER 18.54 AMENDED
Sub-section 18.54.30.B.4 is hereby amended to read:
4. The material shall be transmitted to the Council Review Authority for its consideration of the map.
SECTION 13. CHAPTER 18.87 ADDED
New sections are added to Chapter 18.87 to read:
Section 18.87.010 Purpose and Intent: An Adjustment Permit is the procedure used by the City to approve alterations, relocations, rebuilding, or minor additions, enlargements, or modifications to previously approved development permits while maintaining compliance with the uses allowed in the applicable zone and the development standards applicable to the use or structure.
Section 18.87.020 Applicability/Permit Requirement:
205
A. The director may, at the director's sole discretion, approve an adjustment for the following elements of a previously issued development permit, subject to and in accordance with the provisions of this section:
1. General Extensions. An extension of the term of an approved development permit for a period of up to but not exceeding one year; provided that no more than two such term extensions may be approved for any development permit.
2. Changes to an approved development permit, but only for minor modification of architectural elements or landscape details, (including but not limited to minor storefront alterations, relocation of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project.
3. Minor changes to signs which do not increase the existing surface area by more than 10% and conform to Chapter 18.32 of the East Palo Alto Municipal Code (EPAMC).
4. Additions, accessory structures and minor structures such as trellises, patio covers, and decks less than not exceeding 1,000 square feet in total area or 50% of the total area of the existing primary dwelling whichever is less, and swimming pools for onefamily residences which were approved and are subject to an existing development permit.
5. Building additions of less than not exceeding 500 square feet in total area or less than ten percent of the building area prior to the addition, whichever is smaller, to two-family dwellings, provided that current parking regulations are being met and would continue to be met after the completion of any addition.
6. Building mounted wireless communications antenna as long as proposal is at least 500 feet away from residential uses.
7. 78. Temporary construction or storage yards in connection with the construction of houses or other buildings in an adjacent subdivision or lot or parcel.
89. The creation, on or above ground through installation, construction, or replacement, of less than one gross acre of impervious surface.
910. The replacement, repaving, reconfiguration, or re-striping of parking spaces on existing surfaces.
1011. Building additions of less than not exceeding 1,000 500 square feet in area to nonresidential buildings provided that current parking regulations are being met and would continue to be met after the completion of any addition, provided the primary building was not originally a single-family residence, and site circulation, ingress and egress are not being altered.
1112. Generators, preferably, with California Air Resources Board (CARB) certification and meeting the Development Code performance standards for noise and air pollution.
1213. Above-ground storage tanks of two thousand gallons or less provided that they are not used to store hazardous materials or other substances that require a permit from the Department of Toxic Substances Control.
B. Adjustments may be issued only where issuance of the adjustment would be consistent and comply with all applicable local laws in effect at the time of issuance, including without limitation the city's general plan, the provisions of the East Palo Alto Municipal Code, and the provisions of Title 18 of the Code.
C. An application for an adjustment to extend the term of a development permit must be filed on the form provided by the director on or before the date that is three business days prior 206
to the expiration of the development permit proposed for adjustment and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the City Council.
D. The decision to grant, deny or condition an adjustment is an administrative determination and requires no hearing or notice. The action of the director shall be final, and nothing herein shall be deemed or construed to confer on an applicant a right to an adjustment or to require the director to issue an adjustment. If the director denies an adjustment, nothing herein shall preclude the applicant from thereafter filing an application for an appropriate development permit.
E. Where property was developed prior to 1983 or the requirement of a site development review permit, adjustments for projects may be approved without the necessity of the issuance of a full design review permit.
F. A Permit Adjustment shall be obtained before the City issues a new or modified business license in compliance with Municipal Code Chapter 5.04, if applicable.
Section 18.87.030 Review Authority: The Director may issue a Permit Adjustment only after confirming that the proposed land use and/or structure is in full compliance with all of the applicable provisions of the Development Code (Title 18 of the East Palo Alto Municipal Code).
Section 18.87.040 Review Procedures: Adjustment Permit approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
SECTION 14. CHAPTER 18.82 AMENDED
Section 18.82.020 Table 7-1 Review Authority is hereby amended to include Adjustment Permits as shown in Exhibit “H”, attached hereto and incorporated herein by reference.
SECTION 15. CHAPTER 18.12 AMENDED
Section 18.12.020 Table 2-3 Allowed Uses and Permit Requirements is hereby amended to allow Refueling and Service Stations with Conditional Use Permits as shown in Exhibit “I”, attached hereto and incorporated herein by reference.
SECTION 16. CHAPTER 13.24 AMENDED
Sub-sections 13.24.400.A and 13.24.400.B Turf Selection and Limitations are hereby amended to read:
A. No more than fifty percent (50%) of the total area not covered by structures for multifamily residential projects shall be covered by a combination of turf, pools, spas, and other improved recreational areas finished in soft and hard landscaping. Of this area, no more than seventy-five percent (75%) shall be covered with turf.
B. For single-family residential projects, 50% or more of the front yard shall be finished with soft landscaping (vegetative materials including container gardens, turf, ground cover, aquatic/semi-aquatic plants, grasses, trees, organic mulch, etc.) and/or hard landscaping (pea gravel, crushed granite, disjointed/interspersed brink, rock, stone or concrete, timber, bitumen, glass, metals, inorganic mulch, and other construction materials that may be used to avoid the need for mowing, watering/irrigation, fertilizing, and pesticides) with no more than forty percent (40%) of the front yard may be covered with turf. 207
SECTION 17. CHAPTER 18.28 AMENDED
Sub-section 18.28.060.G Financial Security is hereby amended to read:
G. Financial Security. A check, or an alternative form of payment if approved by the City shall be provided to the City for the appraised value of the trees impacted by development and the value of replacement trees as mitigation for the removal of trees, as well as the cost of staff time if the applicant does not furnish proof of removal of the impacted tree(s) and replacement planting within 30 60 days of the effective date of the tree removal permit approved by the Director.
The proof of replanting shall be by virtue of photographic evidence or an arborist report certifying the replacement. The financial security, provided to the City for impacted trees that are not removed within 3060 days of the effective date of the tree removal permit, shall be refunded upon the receipt of a final arborist report certifying preservation or proof of replacement upon removal of the tree(s), or payment of an in-lieu impact fee.
Sub-Section 18.28.110.A Violations is hereby amended to read:
A. Violations. Violation of a provision contained in this chapter is unlawful and a public nuisance. The Director may serve notice upon any person violating any provision of this chapter.
Violators shall be subject to the provisions set forth in Chapter 18.118.
SECTION 18. CHAPTER 18.10 AMENDED
Section 18.10.030 Development Standards is hereby amended to add:
G. Setback Exception for existing single-family homes in the R-MD District. Existing single family homes, which are permitted uses in the R-MD Zone, are exempted from the 20-foot rear setback requirement of the R-MD Zone and may utilize the 10-foot rear setback requirement of the R-LD Single-Family Residential Zone for building expansions, additions, and other remodeling works. The front and one of the two side setback requirements of the R-MD Zone would still apply to existing single-family dwellings in order to ensure a uniform front transect or street-facing silhouette of the neighborhood block from the public right-of-way. One of the two side setbacks may utilize the required 5-foot side setback requirement of the R-LD Single-Family Residential zone for building expansions, additions, and other remodeling works.
SECTION 19. CHAPTER 18.24 AMENDED
Sub-sections 18.24.020.b, 18.24.030.A.1, and 18.24.030.B.2 are hereby amended as shown in Exhibit “J”, attached hereto and incorporated herein by reference.
SECTION 20. CHAPTER 18.96 AMENDED
Sub-sections 18.96.010, 18.96.030.E.4, and 18.96.050.A.2, 18.96.090, and 18.96.050.G are hereby amended as shown in Exhibit “K”, attached hereto and incorporated herein by reference.
SECTION 21. CHAPTER 18.94 AMENDED
208
Section 18.94.110 is hereby amended to exempt Minor Temporary Use Permits from the appeal period, as follows:
The procedures and requirements related to permit implementation and to appeals and revocation apply following the decision on a all Temporary Use Permit applications, except that Minor Temporary Use Permits will not be subject to appeals.
SECTION 22. 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) in that there is no possibility of the Development Code, by itself, having a significant adverse effect on the environment, and Section 15183 because the proposed amendments are consistent with the general plan and zoning as applicable. In addition, the Vista 2035 General Plan EIR meets the CEQA requirement for Zoning Code amendments.
SECTION 23. 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 that 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 24. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days after the date of its adoption.
SECTION 25. PUBLICATION.
The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
INTRODUCED at a regular City Council meeting held February 18, 2025, and PASSED AND ADOPTED at a regular City Council meeting held on March 18, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
209
______________, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
EXHIBITS
Exhibit A – Table 2-1 Allowed Uses and Permit Requirements for Residential Zones Exhibit B – Table 2-3 Allowed Uses and Permit Requirements for Mixed Use Zones Exhibit C - Table 2-5 Allowed Uses and Permit Requirements for Commercial Zones Exhibit D - Day Care Facilities
Exhibit E - Table 7-3 Types of Minor Variances Allowed
Exhibit F - Table 7-2 Review Authority for Site Plan and Design Review Exhibit G - Table 5-1 Subdivision Review Authorities
Exhibit H - Table 7-1 Review Authority
Exhibit I - Table 2-3 Refueling and Service Station Zones Exhibit J – Accessory Structures
Exhibit K – Accessory Dwelling Units
210
EXHIBIT A
Table 2-1 Allowed Uses and Permit Requirements for Residential Zones Table 2-1
Allowed Uses and Permit
Requirements
Residential Zones
Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
R-LD R-MD R-HD R-UHD Specific Use
Regulations
Residential Uses
Guest Houses P P P P Section 18.48. 090100
Home Businesses HOP HOP HOP HOP Section 18.48.100110
Multi-Family Dwellings — P P P
Residential Model Homes AUP AUP AUP AUP
Accessory Dwelling Unit P P P P Chapter 18.96
Junior Accessory Dwelling Unit P P P P Chapter 18.96
Single-Family Dwellings, Attached P P P P
Single-Family Dwellings, Detached P P P P
Single Room Occupancy Facilities
(DROs)
P P P P
Supportive Housing P P P P
Two-Family Dwellings — P P P
Transitional Housing (six or less
occupants)
P P P P
Visitor Accommodations, Residential
Bed & Breakfast Inns — CUP CUP CUP
Short-Term Lodging — CUP CUP CUP
Care Uses
Note: Family Day Care Homes are allowed by right wherever residential uses are allowed in the provider’s own home.
Adult Day Care1
Small (68 or fewer) P P P P
Large (79 to 14) AUP AUP AUP AUP
Child Day Care
Small (8 or fewer) P P P P
Large (9 to 14) AUPP AUPP AUPP AUPP Section 18.48.050 060 Cooperatives (12 or fewer) P P P P Section 18.48.060 Commercial Day Care, General (1415 or
more)
CUP CUP CUP CUP
Cooperatives P P P P Section 18.48.050
Convalescent Facilities — — — —
Residential Care Facilities
Limited (68 or fewer) P P P P
211
General (79 or more) CAUP CAUP CAUP CAUP
Other Uses
Accessory Structures and Uses P P P P Section 18.48. 010020 Agricultural Uses - Limited to Community
Gardens Only
P P P P
Animal Keeping P P P P Section 18.48. 040050
Charitable Organizations and Institutions CUP CUP CUP CUP Cultural Institutions CUP CUP CUP CUP
Institutional and Community Facilities CUP CUP CUP CUP
Neighborhood Service Uses — — CUP CUP Section 18.10.030 Public Assembly/Meeting Facilities — CUP CUP CUP
Public Buildings, Facilities, and Uses — — — —
Schools, Public and Private CUP CUP CUP —
Special Events Municipal Code Chapter 12.08
Temporary Uses TUP TUP TUP TUP Chapter18.94
Minor TUP exempt from
Appeal
Utilities, Minor P P P P
Utilities, Major — CUP CUP CUP
EXHIBIT B
Table 2-3 Allowed Uses and Permit Requirements for Mixed Use Zones Table 2-3
Allowed Uses and Permit
Requirements
Mixed Use Zones
Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
MUC MUL MUH Specific Use
Regulations
Industry, Manufacturing and Processing, Warehousing Uses Industry — — —
Research and Development CUP CUP CUP
Recreation, Education, and Public Assembly Uses
Charitable Organizations and
Institutions
— — —
Clubs — — —
Commercial Recreation and
Entertainment
— — —
Cultural Institutions CUP CUP CUP
Institutional and Community Facilities — — —
Park/Plaza/Open Space CUP CUP CUP
Public Assembly/Meeting Facilities CUP CUP CUP
Schools, Public and Private — — —
212
Residential Uses
Multiple-Family Dwellings
Located on 1st floor P — —
Located above 1st floor P P P
Navigation Centers, Low Barrier
Located on 1st floor P — —
Located above 1st floor P P P
Single-Family Dwellings - Attached Only
Located on 1st floor P — —
Located above 1st floor P P P
Supportive Housing — — —
Located on 1st floor P — —
Located above 1st floor P P P
Accessory Dwelling Unit2 P P P Chapter 18.96
Located on 1st floor P — —
Located above 1st floor P P P
Junior Accessory Dwelling Unit, where
single-family residences are permitted
Chapter 18.96
Located on 1st floor P — —
Located above 1st floor P P P
Two-Family Dwellings - Attached Only
Located on 1st floor CUP CUP CUP
Located above 1st floor P P P
Transitional Housing — — —
Located on 1st floor P — —
Located above 1st floor P P P
Home Businesses HBP HBP HBP Section 18.48.100
Live-work Units CUP CUP CUP Not allowed on 1st floor
Care Uses
Note: Family Day Care Homes are allowed by right wherever residential uses are allowed in the provider’s own home.
Adult Day Care3
Small (6 8 or fewer) — — —
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
Large (9 to 14) Section 18.48.050.100
Located on 1st floor CUP — —
Located above 1st floor CUP CUP CUP
Child Day Care
Small (8 or fewer) — — —
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
Large (9 to 14)
213
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
Cooperative (12 or fewer)
Located on 1st floor P — —
Located above 1st floor P P P
Day Care, General (15 or more) CUP CUP CUP
Residential Care Facility
Limited (6 8 or fewer)
Located on 1st floor AUP — —
Located above 1st floor AUP AUP AUP
General (7 9 or more)
Located on 1st floor AUPCUP — —
Located above 1st floor AUPCUP AUPCUP AUPCUP
Retail Trade Uses
Alcohol Sales (off-site-sale) CUP CUP CUP Section 18.48.030 Alcohol Sales (off-site-sale), Accessory CUP CUP CUP Section 18.48.030 Alcohol Sales (on-site-sale) CUP CUP CUP Section 18.48.030 Retail Sales P P P
Retail Sales (Used Merchandise) P P P Section 18.48.170 Retail Sales (Used Merchandise) -
Restricted
AUP AUP AUP Municipal Code Chapter
5.40 Service Uses - Business, Financial, Medical, and Professional ATM's P P P
Emergency Health Care Facilities/Urgent
Care
CUP CUP CUP
Financial Institutions and Related
Services
CUP CUP CUP
Financial Institutions and Related
Services, Non-Chartered
— — — Section 18.48.080
Offices - Business P P P
Offices - Medical and Dental CUP CUP P
Offices - Professional CUP CUP P
Prescription Pharmacies, Only When in
Connection With Medical Offices
P P P
Service Uses - General
Animal Sales and Services
Animal Grooming — — —
Animal Retail Sales — — —
Veterinary Services — — —
Artists Studios CUP CUP CUP
Eating and Drinking Establishments
Food Service (no alcohol sales [bars,
lounges, or nightclubs], drive-through,
fast-food, or late hours)
P P P
214
Food Service (with alcohol sales [bars,
lounges, or nightclubs], drive-through,
fast-food, or late hours)
CUP CUP CUP
Health/Fitness Facilities
Small - Less than 2,000 sq. ft. P P P
Large - 2,000 sq. ft. or greater AUP AUP AUP
Laboratories CUP CUP CUP No Hazardous
Materials
Maintenance and Repair Services CUP CUP CUP
Personal Services
Massage Establishments CUP — —
Massage Services, Accessory CUP — —
Nail Salons AUP AUP AUP
Personal Services - General CUP CUP CUP
Personal Services - Restricted CUP CUP CUP
Personal Storage (Mini Storage) AUP AUP —
Postal and Package Shipping Services P P P
Printing and Duplicating Services AUP AUP AUP
Smoking Lounges — — —
Visitor Accommodations
Hotels, Motels, and Time Shares CUP CUP CUP
Bed and Breakfast Inns CUP CUP CUP
Transportation, Communications and Infrastructure Uses
Utilities, Minor P P P
Utilities, Major AUP AUP AUP
Wireless Telecommunication Facilities See Chapter 18.42 Vehicle Rental, Sale and Service Uses
Vehicle/Equipment Rentals
Vehicle Washing — — —
Refueling/Service Stations
(only on University Avenue between
Donohoe and Bell Streets)
C C C Section 18.48.180.B.3
No incidental
repair/service
Other Uses
Accessory Structures and Uses P P P
Charitable Organizations and
Institutions
CUP CUP CUP
Emergency Shelters See Chapter 6 of the Specific Plan for Emergency Shelters Personal Property Sales — — —
Public Buildings, Facilities, and Uses CUP CUP CUP
Special Events Municipal Code Chapter 12.08
Temporary Uses TUP TUP TUP Chapter 18.94
Minor TUP exempt from
appeal
EXHIBIT C
Table 2-5 Allowed Uses and Permit Requirements for Commercial Zones 215
Table 2-5 Allowed Uses and Permit
Requirements
Commercial Zones Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
C-G C-N C-0 Specific Use
Regulations
Industry, Manufacturing and Processing, and Warehousing Uses Handicraft Industry P P —
Industry
Industry, Small (Less than 5,000 sq. ft.) P — —
Industry, Small (5,000 sq. ft. or greater) AUP P —
Personal Storage (Mini Storage) CUP — —
Recycling Facilities
Small Collection Facilities CUP CUP CUP
Large Collection Facilities — — —
Research and Development, General CUP CUP CUP
Research and Development, Restricted CUP CUP CUP
Recreation, Education, and Public Assembly Uses
Charitable Organizations and Institutions — — —
Clubs CUP — CUP
Commercial Recreation and Entertainment
Indoor Facilities P AUP —
Outdoor Facilities P CUP —
Dance Academies and Halls AUP AUP AUP
Electronic Amusement Devices (Up to 5) — — —
Electronic Amusement Devices (6 or more) — — —
Cultural Institutions CUP — CUP
Institutional and Community Facilities AUP AUP AUP
Park/Plaza/Open Space P P P
Public Assembly/Meeting Facilities CUP CUP CUP
Schools, Public and Private CUP CUP CUP
Retail Trade Uses
Alcohol Sales (off-site sale) CUP CUP CUP Section 18.48.030 Alcohol Sales (off-site sale), Accessory Uses CUP CUP CUP Section 18.48.030 Alcohol Sales (on-site sale) CUP CUP CUP Section 18.48.030 Prescription Pharmacies, Medical Supplies P P P
Retail Sales
Retail Sales (less than 10,000 sq. ft.) P P P Section 18.48.170 Retail Sales (10,000 sq. ft. or greater) AUP AUP AUP
Retail Sales (Used Merchandise) - General P — — Section 18.48.170 216
Retail Sales (Used Merchandise) -
Restricted
AUP — — Municipal Code
Chapter 5.40
Residential Uses
Note: Family Day Care Homes are allowed by right wherever residential uses are allowed in the provider’s own home.
Adult Day Care
Small (8 or fewer) CUP AUP CUP
Large (9 to 14) CUP CUP CUP
Child Day Care
Small (8 or fewer) CUP AUP CUP
Large (9 to 14) CUP AUP CUP Section 18.48.050060
Small (8 or fewer), as an accessory use to a
large commercial project
CUP CUP CUP
Large (9 to 14), as an accessory use to a
large commercial project
CUP CUP CUP Section 18.48. 050060
Cooperatives (12 or fewer) CUP CUP P CUP Section 18.48. 050060 Day Care, General (15 or more) CUP CUP CUP
Emergency Shelters CUP CUP CUP See Other Uses
Accessory Dwelling Unit — P — Chapter 18.96
Junior Accessory Dwelling Unit, where singlefamily residences are permittedChapter 18.96 Located on 1st Floor — — —
Located Above 1st Floor — P —
Multi-Family Dwellings
Located on 1st Floor — — —
Located Above 1st Floor — P —
Navigation Centers, Low Barrier
Located on 1st Floor — — —
Located Above 1st Floor — P —
Single-Family Dwellings - Attached Only
Located on 1st Floor — — —
Located Above 1st Floor — P —
Two-Family Dwellings - Attached Only
Located on 1st Floor — — —
Located Above 1st Floor — P —
Home Businesses — HOP — Section 18.48. 100110
Live-work Units P P P Not allowed on 1st floor
Residential Care Facility
Limited (8 or fewer) CUP AUP CUP
General (9 or more) CUP CUP CUP
Service Uses - Business, Financial, Medical, and Professional ATM's P P P
Convalescent Facilities AUP AUP —
Emergency Health Care Facilities/Urgent
Care
CUP CUP CUP
217
Financial Institutions and Related Services P P P
Financial Institutions and Related Services,
Non-Chartered
CUP CUP — Section 18.48.080
Hospitals, Rest Homes, and Sanitariums CUP — CUP
Offices - Business P P P
Offices - Corporate P P P
Offices - Financial Intuitions P P P
Offices - Medical and Dental P P P
Offices - Professional P P P
Outpatient Surgery Facility CUP CUP CUP
Prescription Pharmacies, Only When in
Connection With Medical Offices
P P P
Service Uses - General
Ambulance Services CUP CUP CUP
Animal Sales and Services (Small)
Animal Boarding/Kennels — — —
Animal Grooming — — —
Animal Retail Sales — — —
Veterinary Services CUP CUP CUP
Catering Services AUP AUP AUP
Dry Cleaning Establishments (Retail Only) AUP CUP —
Eating and Drinking Establishments
Food Service (no alcohol sales [bars,
lounges, or nightclubs], drive-through, fastfood, or late hours) P P P
Food Service (with alcohol sales [bars,
lounges, or nightclubs], drive-through, fastfood, or late hours)
CUP CUP CUP
Funeral Homes and Mortuaries, No
Crematorium
— — —
Funeral Homes and Mortuaries, With
Crematorium
— — —
Health/Fitness Facilities
Small - Less than 2,000 sq. ft. P P P
Large - 2,000 sq. ft. or greater AUP — AUP
Laboratories P — AUP
Maintenance and Repair Services P P P
Personal Services
Massage Establishments — — —
Massage Services, Accessory — — —
Nail Salons P P P
Personal Services - General P P P
Personal Services - Restricted AUP AUP AUP
Studio P P P
Postal and Package Shipping Services P P P
Printing and Duplicating Services P P P
218
Smoking Lounges — — — Prohibited throughout the
City
Visitor Accommodations
Hotels, Motels, and Time-Shares AUP CUP AUP
Bed and Breakfast Inns CUP CUP CUP
Transportation, Communications, and Infrastructure Uses Communication Facilities P — P
Heliports and Helistops — — —
Parking Facilities for On-site Uses P P P
Parking Structures, Adjacent to Residential
Zone
AUP AUP AUP
Utilities, Minor P P P
Utilities, Major AUP AUP AUP
Wireless Telecommunication Facilities See Chapter 18.42 Vehicle Rental, Sale, and Service Uses
Vehicle Sales CUP CUP CUP
Other Uses
Accessory Structures and Uses P P P
Emergency Shelters
(See Chapter 6 of the Specific Plan for
Emergency Shelters)
CUP
See Chapter
6 of the
Specific Plan
for
Emergency
Shelters
CUP CUP
Outdoor Advertising Structures/Signs — — — Chapter 18.32 Outdoor Storage and Display — — —
Special Events Municipal Code Chapter 12.08
Temporary Uses TUP TUP TUP Chapter 18.94
Minor TUP exempt from
Appeal
(Ord. No. 08-2020, § 3, 11-17-2020)
EXHIBIT D
18.48.060 Day Care Facilities
A. Applicability. The provisions in this section apply to care facilities, including Family Day Care Homes, child Child day Day Care, and Adult Day Care facilities where allowed. Residential Care care facilities are subject to Section 18.48.160 – Residential Care Facilities – General of the East Palo Alto Municipal Code.
B. Permit and license required.
1. No person shall establish or operate a large family Child day Day care Care (small or large) home facility, as defined in Health and Safety Code Section 1596.78(a), in any residential zone, unless the applicable license or permit is approved by the Review Authority. The operator of a large family day care facility home also shall also obtain the requisite a license from the California Department of Social Services, as applicable.
2. The requirement for a discretionary permit shall not apply to any large family Family day Day care Care hHome (FDCH), as defined in Health and Safety Code Section 1596.78(a), in any zone allowing residential 219
uses, on condition that the operator shall obtain a license from the California Department of Social Services.licensed by the State before Octoer 19, 1992 and designated as an allowed use in compliance with Article 2 Said Family Day Care Home means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large Family Day Care Home or a small Family Day Care Home.
a. Large Family Day Care Home means a facility that provides care, protection, and supervision for 9 to 14 children inclusive, including children under 10 years of age who reside at the home, as set forth in Government Code Section 1597.465 and as defined in the regulations. b. Small Family Day Care Home means a facility that provides care, protection, and supervision for eight (8) or fewer children, including children under 10 years of age who reside at the home, as set forth in Government Code Section 1597.44 and as defined in regulations.
FDCH uses are allowed by right in any dwelling without any planning permit or business license or home occupation permit unless physical changes are being planned to the site or structure whereupon a planning permit may be required. The approval of local fire, safety and occupancy permits are still required in addition to other mandatory state permits and licenses.
The operator must give the landlord a 30-day notice to add a 7th and 8th child of a small FDCH and the 13th and 14th child of a large FDCH.
Facilities that have 15 or more children are classified as Day Care, General and subject to a Conditional Use Permit in all zones.
3. Permit or license required: The requirement for a discretionary permit and business license shall apply to any care facility, other than Family Day Care Homes, including a Child Day Care, Adult Day Care, and Residential Care Facility defined as follows:
a. A Child Day Care or Day Care Center means a child day care facility, other than a Family Day Care Home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, and includes child care centers licensed pursuant to Government Code Section 1596.951.
b. Adult Day Care as defined in Section 18.08.010-General of Chapter 18.08-Definitions of the East Palo Alto Municipal Code (EPAMC).
c. Residential Care Facility is defined in Section 18.08.010-General of Chapter 18.08-Definitions of the EPAMC as a facility in which multiple unrelated people reside, including but not limited to, health facilities, community care facilities, and alcoholism or drug abuse recovery or treatment facilities as defined in the Health and Safety Code and other similar care facilities. See Section 18.48.160 – Residential Care Facilities – General of the EPAMC for requirements applicable to Residential Care Facilities. 1—8 children requires a business license; 9—14 children requires an Administrative Use Permit; 15 or more children requires a Conditional Use Permit.
4. All Child Day Care and Adult Day Care facilities that have 15 or more children or adults are classified as Day Care, General and subject to a Conditional Use Permit in all zones.
However, small and large Child Day Care, and small Adult Day Care are a Use by Right in all residential zones, meaning they do not require planning or zoning permits. Business license, and fire and building permits are still applicable.
All other care facilities in non-residential zones that either allow residential uses or prohibit residential uses will be subject to either Administrative or Conditional Use permits as specified in Sections 18.10.020 – Land Use Regulations and Allowable Uses, 18.12.020 – Land Use Regulations and Allowable Uses, and 18.14.020 – Land Use Regulations and Allowable Uses of the EPAMC.
5. In all residential zones and mixed use zones where residential uses are permitted a) small (8 or fewer children) and large (9 – 14 children) Child Day Care, small Adult Day Care (8 or fewer) and Limited Residential Care fFacilities (8 or fewer) are allowed by right; and b) large Adult Day Care (9 to 14) and General Residential Care facilities (9 or more) are subject to Administrative Use Permits and Conditional Use Permits respectively in any zone.
220
In all Mixed Use and non-Residential zones that allow residential uses all non FDCH facilities, with the exception of large Adult Day Care and General Residential Care facilities, are subject to Administrative Use Permits. Large Adult Day Care and General Residential Care facilities are subject to Conditional Use Permits.
In all non-residential zones that do not allow residential uses all care facilities, with the exception of FDCH facilities, are subject to Conditional Use Permits. c) large Adult Day Care (9 to 14) and General Residential Care Facilities (9 or more) are subject to Administrative Use Permits (AUP); and c) in commercial zones all large Adult Day Care (9 to 14) and General Residential Care Facilities (9 or more) are subject to Conditional Use Permits. Small Adult Day care and Limited Residential Care Facilities are prohibited in all commercial zones.
6. Family Day Care Homes Child Day Care and Cooperative Care uses are allowed by right in all the residential zones, in mixed use zones where residential is allowed, and subject to Conditional Use Permits uses in all commercial zones where residential uses are prohibited.
7. Cooperative. In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible caregiver with respect to all the children in the cooperative.
Other conditions that apply to a cooperative include:
a. Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative. b. There can be no payment of money or receipt of in-kind income in exchange for the provision of care.
This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of which may not exceed the actual cost of the activity.
c. No more than 12 children are receiving care in the same place at the same time.
C. Permit application. When applicable, An an application for a discretionary permit shall be filed with the Department and shall include all of the following information: :
1. A scale drawing of any structural alterations or improvements being made to the premises for the purpose of operating the day care facility;
2. A drawing of the site and the residential structure, showing the size, dimensions, and location of the interior and exterior areas to be utilized for operation of the day care facility, including the location and number of on-site parking spaces and the street access for drop-off and pick-up of children. The drawing shall have a reasonable degree of accuracy and shall contain details as may be required by the Director;
3. Color photographs of the premises, showing all interior and exterior areas to be itemized for operation of the day care facility;
4. A general description of the manner in which the day care facility will be operated, including the maximum number and range of ages of children for whom day care will be provided, the days of the week and hours of the day during which the facility will be operated, the number of persons providing day care services, and designation as to whether the persons are residents of the home; and
5. Any additional information or exhibits as may be required by the Director in order to evaluate the application and the potential impact of the facility upon the neighborhood.
D. Inspection of premises. After the application has been deemed to be complete, the Director shall cause an inspection of the premises to determine whether the facility complies with applicable Building Code requirements for single-family residences and any special fire and life safety standards for large family day care homes as may be adopted by the State Fire Marshal in compliance with Health and Safety Code Section 1597.46(d).
E. Standards. Proposed non FDCH facilities that are not “Uses by Right” Large family day care homes uses shall comply with all of the following:
1. Care provider occupancy. The single-family dwelling in which each large family day care home use is located shall is not required to be the principal residence of the care provider. However, in residential zones and the use shall be clearly residential in character, and shall be accessory to the use of the property as a residence subject to State requirements;
221
2. Separation requirement. A proposed large family day care home facility within a residential zone or mixed use zone shall not be located within 500 feet of another large child day care facility;
3. Drop-off/pick-up area. A minimum of two off-street parking spaces as a drop-off and pick-up area shall be provided, in addition to the spaces required for the dwelling unit. A driveway may be used to provide the required parking spaces; all subject to State requirements and
4. Noise. In order to protect residents in adjacent dwellings from noise impacts, a facility within a residential zone or mixed use zone shall only operate a maximum of 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m. and shall only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
F. Findings. The Review Authority may allow grant a discretionary permit for a large family day care home Care facility only if it first finds and determines that:
1. The facility will not create adverse traffic or noise impacts upon the neighborhood; and
2. The facility will comply with all applicable building, fire, and life safety requirements and regulations.
G. Action by Review Authority.
1. The Review Authority may approve, approve with conditions, or deny the application for a discretionary permit, and iIf approved, the permit shall be subject to all imposed conditions; and
2. Every approved discretionary permit shall be subject to the express condition that the permit shall not become effective until the applicant is licensed by the State in compliance with Health and Safety Code Division 2, Chapter 3.6 (commencing with Section 1597.30) to operate a large family day care Care homefacility at the subject property, as applicable. The holder of the discretionary permit shall furnish to the Director a copy of the application submitted to the State and a copy of the final determination made by the State. If the application is denied by the State, the discretionary permit approved in compliance with this Section is void.
H. Expiration, extension, and review of permit.
1. A discretionary permit approved in compliance with this section shall expire 12 months from the date on which the approval of the permit became effective unless, before the expiration date, the day care Care facility is established and operating on the approved site.
2. The established expiration date may be extended by the Review Authority for a period(s) of time not exceeding a total of 24 months. Application for extension shall be filed before the expiration date. No fees or costs shall be imposed for the filing and processing of the application. A public hearing shall be conducted on the application for extension. Extension of a discretionary permit is not a matter of right and the application may be denied or approved subject to conditions.
3. The Review Authority may, at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of the permit or impose new conditions if the Review Authority first determines that the action is necessary in order to mitigate any adverse impacts that may be created from the operation of the day care Care facility.
EXHIBIT E
Table 7-3 Types of Minor Variances Allowed
Table 7-3
Types of Minor Variances Allowed
Maximum
Variance
1. Allowable height of a fence, hedge, or wall. An increase of the allowed maximum height of a fence, hedge, or wall located within a side or rear setback.
Up to seven feet
1. Distances between structures. A decrease of the minimum required distances between detached accessory structures and main structures on the same site. 10 percent
2. Impervious surface coverage. An increase of the maximum allowable impervious surface coverage.
10 percent
3. Projections. An increase in the allowed projection of chimneys, eaves, fireplaces, landings, overhangs, stairways, and steps into any required front, side, or rear setbacks.
10 percent
4. Reduction of landscape standards. Reduction of required on-site landscaping standards.
10 percent
5. Setbacks. A decrease of the maximum required setback areas (e.g., front, rear, and side) for structures.
10 percent
6. Signs. Sign regulations (other than prohibited signs). 10 percent
7. Structure heights. An increase in the maximum allowed height of structures. 5 percent 222
8. Code Enforcement. A reduction in development standards, if doing so will help the City abate a public nuisance as part of a code enforcement hearing or process. 10 percent
9. Nonconforming Adjustments 10 percent
EXHIBIT F
Table 7-2 Review Authority for Site Plan and Design Review Table 7-2
Review Authority for
Site Plan and Design Review
Review Level(1)(2)
Director Commission(3)
New Construction, Additions and Modifications
Additions, New Construction or Modifications <≤1,000 sq. ft. Decision Appeal Additions, New Construction or Modifications >1,001 000 sq. ft.
Recommend Decision
Other Non-Residential Construction
Façade or exterior improvements <≤1,000 sq. ft. Decision Appeal Façade or exterior improvements >1,000 sq. ft. Recommendation Decision Landscaping Decision Appeal
EXHIBIT G
Table 5-1 Subdivision Review Authorities
Table 5-1
Subdivision Review Authorities
Type of Decision Applicable
Chapter or
Section
Director Commission Council(3)
Amendments to
Approved Tentative
Maps
18.52.120 Decision Appeal Appeal
Certificates of
Compliance
18.56.020 Decision Appeal Appeal
Condominiums:
Residential
Condominiums
18.64 Recommend Recommend
Decision
Decision
Appeal
Residential
Condominium
Conversions
18.66 N/A Recommend Decision
Non-Residential
Condominium
Conversions
18.68 Recommend Recommend
Decision
Decision
Appeal
Correction and
Amendments to
Recorded Maps
18.54.060 Decision Appeal Appeal
Extensions of Time -
Tentative Maps
18.52.020 Decision Appeal Appeal
Final Parcel Maps,
Without Dedications
18.54.040 Recommend
Decision
Decision
Appeal
Appeal
Final Parcel Maps,
With Dedications*
18.54.040 B.2.c Recommend Decision
N/A
Appeal
Final Tract Maps,
Vesting Tract Maps
without Dedications
18.54.040 B.2.c Recommend
Decision
Decision
Appeal
Appeal
223
Final Tract Maps,
Vesting Tract Maps
with Dedications
18.54.040 C Recommend N/A Decision
Lot Line
Adjustments
18.56.030 Decision Appeal Appeal
Parcel Mergers 18.56.040 Decision Appeal Appeal
Reversion to
Acreage
18.56.050 Recommend Recommend Decision
Subdivision
Improvement Plans
18.58.040 Decision Appeal Appeal
Tentative Tract
Maps, Vesting
Tentative Maps
18.52.100 Recommend Decision Appeal
Tentative Parcel
Maps, Vesting
Tentative Parcel
Maps
18.52.040 Recommend Decision Appeal
Tentative Parcel
Maps, only when
creating no more
than one additional
parcel, without
dedications
18.52.040 Decision Appeal Appeal
Tentative Parcel
Maps, with
dedications*
18.52.040 Recommend Decision Appeal
Wavier of Parcel
Maps
18.54.010 Decision Appeal Appeal
Subdivision
Improvement
Agreement
18.70.050 Decision Appeal Appeal
EXHIBIT H
Table 7-1 Review Authority
Table 7-1 Review Authority
Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Commission Council
A. Administrative Permits and Actions
Adjustment Permits Ch. 18.87 Decision N/A N/A
Administrative Use Permits Ch. 18.86 Decision Appeal Appeal Development Code Interpretations Ch. 18.12 Decision Appeal Appeal Joint/Off-Site Parking Plans Ch. 18.36 Decision Appeal Appeal Minor Variances Ch. 18.90 Decision Appeal Appeal Preliminary Ministerial Review Clearances Ch. 18.85 Decision N/A N/A Reasonable Accommodations Ch. 18.94 Decision Appeal Appeal Sign Permits/Comprehensive Sign
Programs
Ch. 18.38 See Table 7-2 (Site Plan and
Design Review Authorities)(3)
Site Plan and Design Reviews Ch. 18.86 See Table 7-2 (Site Plan and Design Review Authorities)(3)
Temporary Use Permits (TUP) Ch. 18.94 Decision Appeal Appeal 224
(Minor TUP
exempt from
Appeal)
Tree Removal Permits Ch. 18.28 Decision Appeal N/A Zoning Clearances Ch. 18.84 Issuance Appeal Appeal
EXHIBIT I
Table 2-3 Refueling and Service Station Zones
Table 2-3
Allowed Uses and Permit
Requirements
Mixed Use Zones
Permit Requirements
P Permitted By-Right
CUP Conditional Use Permit (Chapter 18.88)
AUP Administrative Use Permit (Chapter 18.88)
TUP Temporary Use Term Permit (Chapter 18.94)
— Prohibited
Land Use
See Article 1 for land use definitions.
See Chapter 18.04 for unlisted uses.
MUC MUL MUH Specific Use
Regulations
Vehicle Rental, Sale and Service Uses
Vehicle/Equipment Rentals
Vehicle Washing — — —
Refueling/Service Stations (only on
University Avenue between Donohoe
Street and Bell Street)
C C C Section 18.48.180.B.3
• No incidental
repair/service
EXHIBIT J
Chapter 18.24 Accessory Structures
Permit Requirements
(§18.24.020)
B. Exemptions for Residential Zones. Storage sheds and other similar accessory structures that comply with the following regulations are required to receive a Zoning Clearance or Permit Adjustment.
1. The footprint of the structure is not more than 120 square feet and is less than 1517 feet in total height;
2. The structure does not occupy more than 25 percent of the rear setback area;
3. The structure is located at least three feet from all property lines and at least three feet from any adjacent structures;
4. The structure does not exceed the site coverage limitations for the zone in which it is located;
5. The structure is constructed of materials that are visually appealing, painted or stained (unless natural wood will weather attractively), and if the structure has a pitched roof, the roof does not produce glare;
6. The structure is built to the specifications of the California Building Code as well as any other applicable codes in
force;
225
7. If the structure is proposed on a corner parcel, it shall not encroach upon the exterior side setback; and
8. The structure is not proposed in any setback other than the rear setback, unless approved by the Director.
Standards for Accessory
Structures
(§18.24.030)
A. Residential Zones, Nonexempt Structures.
1. Structures greater than 120 square feet. A one-story detached accessory structure with a footprint greater than 120 square feet may be constructed after approval of a
Zoning Clearance or Permit Adjustment and obtaining
building permits, if all of the following requirements are met:
a. The structure does not occupy more than 25 percent of the front or rear yard.
b. At least 750700 square feet of useable rear yard area is maintained.
c. The structure has a height no greater than 1517 feet. d. The structure is located as follows:
(1) At least six feet from the rear property line;
(2) In the rear half of the lot;
(3) At least three feet from side property lines; and
(4) At least six feet from any adjacent structures.
e. The structure has a projected roof area of less than 1,000 square feet;
f. The structure does not exceed the site coverage
limitations for the zone in which it is located;
g. The structure is constructed of a material that is visually appealing, painted or stained, fully enclosed, and with a hip or other approved roof that does not produce glare, and of a compatible exterior appearance with the principal structure on the premises;
h. The applicant has submitted plans to the Building Official and has received a building permit to proceed with
construction; and
i. If the structure is proposed on a corner parcel, the structure does not encroach upon the exterior side
setback.
B. Nonresidential Zones, Development Standards. All of the following regulations apply to all accessory structures in nonresidential and mixed use zones:
1. Incidental to the primary structure or use. The
accessory structure shall serve occupants and/or patrons of the primary structure or use and shall not alter the character of the site or use;
2. Height. The height is limited to one story no greater than 1517 feet in height;
3. Setbacks. All accessory structures shall meet the setback requirements for the zone in which they are located;
4. Site coverage. The total square footage of all accessory structures on a parcel, including any exempt structures, counts toward the calculation of total site coverage for the zone in which they are located; and
5. Architectural consistency. All accessory structures shall be consistent in exterior appearance with the primary
structure through the use of similar/matching exterior paint 226
colors, material types, roof materials, and architectural style, as determined by the Director.
EXHIBIT K
Chapter 18.96 Accessory Dwelling Units
§18.96.010 - Definitions detached residential dwelling unit providing complete independent living facilities for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation facilities which are defined as a full bathroom (tub/shower, sink, and a toilet).
An ADU also includes an efficiency unit, as defined in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.
Junior Accessory Dwelling Unit (JADU). A residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen including a cooking facility with appliances, food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU and consistent with building code standards, is contained entirely within a single-family residence., including an attached garage, and may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Livable Space. Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Primary Dwelling Unit. The single-family dwelling or multiple-family dwelling but does not include an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). An attached garage is considered part of the primary dwelling unit.
Public Transit. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. §18.96.030.A.4 – General
Provisions
Except as otherwise provided in this chapter, an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) that meets all of the following specified development standards shall be approved by the City:
A. Zoning. ADUs are allowed on parcels zoned to allow single-family dwellings or multiple-family dwellings, including mixed-use zones.
JADUs are allowed on parcels zoned to allow single-family dwellings and are not permitted on a property with a multiplefamily dwelling.
B. Density. An ADU or JADU unit conforming to the requirements of this chapter shall not be included in the calculation of residential density for the purpose of determining general plan and zoning conformance and is deemed to be a residential use consistent with the existing General Plan and zoning designations for the parcel.
C. Single-Family Dwellings. Any of the following may be permitted on a parcel with an existing or proposed single-family dwelling:
1. One JADU that meets the standards in Section 18.96.060 below. JADUs are only permitted on a parcel with no more 227
than one existing or proposed single-family dwelling.
2. One new construction, attached or detached ADU that meets the standards in Section 18.96.050 below.
3. One accessory dwelling unit created from converted existing space within the walls of a proposed or existing single-family detached dwelling or within an existing accessory structure, including a detached garage, that meets the standards in Section 18.96.050. An existing single-family residence may be converted to an ADU in conjunction with the development of a new primary dwelling unit on the site and in conformity with the development standards in Section 18.96.050.
D. Multiple-family Dwellings. Multiple-family dwelling units as specified in Subsection 18.96.030.E below. For purposes of this Chapter 18.96 only, multiple-family dwelling units includes two family dwellings.
E. Statewide Exemption ADUs. Any of the following will be ministerially permitted on a parcel and are not required to meet the additional development and design standards in the underlying zoning district or in Section 18.96.050, unless specified:
1. One ADU and one JADU per parcel with a proposed or
existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the
same physical dimensions as the existing structure. An
expansion beyond the physical dimensions of the
existing structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or
existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The JADU complies with the requirements of Section
18.96.060 below.
2. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, does not exceed 800 square feet in floor area, and does not exceed the allowed height in Subsection 18.96.050.C, below. The ADU may be combined
with a JADU that meets the standards as described in Section
18.96.060.
3. Multiple ADUs within the portions of a multiple-family building that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of ADUs permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multiple-family dwelling, or one, whichever is greater.
4. Not more than two Multiple detached ADUs, not to exceed:
a. Eight detached accessory dwelling units on a lot with an 228
existing multi-family dwelling. However, the number of
accessory dwelling units shall not exceed the number of existing units on the lot.
b. Two detached accessory dwelling units on a lot with a proposed multi-family dwelling.
c. that are located on a lot that has an existing or proposed multiple-family dwelling. The ADUs must not exceed the
allowed height in Subsection 18.96.050.C and must
have a minimum rear and side setbacks of four feet. If
the existing multifamily dwelling has a rear or side
setback of less than four feet, the existing multifamily dwelling will not be required to be modified to meet this setback.
§18.96.050.A.2 –
Development Standards
A. The ADU shall comply with the requirements of the underlying zoning district unless:
1. The requirements are inconsistent with the provisions of this chapter, in which case the standards of this section shall apply;
2. The application is to legalize an unpermitted ADU or unpermitted JADU that was constructed prior to January 1, 2018January 1, 2020, even if the ADU or JADU is
nonconforming with local zoning, Government Code Section 65852.2, and/or California and local building code
requirements. However, the City may deny the application for an unpermitted accessory dwelling unit or junior accessory dwelling unit if the City makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure comply with the standards specified in Section 17920.3 of the Health and Safety Code.
The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code Section
17920.3; or
3. Limits on size based on a percentage of the proposed or existing primary dwelling, lot coverage, floor area ratio, front set back, open space, and size shall permit, or shall be waived in order to allow, a detached or attached ADU up to 800 square feet in size with four-foot side and rear yards, if the proposed ADU is in compliance with all other development standards.
§18.96.090 – Non-Permitted
ADUs and JADUs
The establishment or continuance of an ADU or JADU without a permit as required under this chapter is declared to be unlawful and shall constitute a misdemeanor violation of this chapter and a public nuisance. ADUs and JADUs constructed prior to January 1, 20182020 shall be issued a permit in accordance with Section 18.96.050. Any violation of this chapter shall be subject to the enforcement provisions and penalties as prescribed in Chapter 18.118. The enforcement of the code violation abatement shall be consistent with Health & Safety Code Section 17980.12
§18.96.050.G – Development
Standards
G. Replacement Parking: Replacement parking shall not be required when a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU, or conversion of that parking structure into an ADU.
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
CONSENT ITEM 3.9
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Shiri Klima, Assistant City Manager
SUBJECT: City Manager Employment Agreement
Recommendation
Adopt a resolution:
1. Authorizing the Mayor to execute a third amendment to the City Manager’s Employment Agreement extending the agreement’s term until January 30, 2029, and increasing total annual compensation to $317,312.00 effective January 30, 2025; and
2. Finding that 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.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority: Promote Housing, Economic and Workforce Development Priority: Implement the Comprehensive Transportation and Mobility Plan Priority: Promote Health & Public Safety
Priority: Ensure Our Financial and Organizational Health Priority: Improve the City's Water Infrastructure
Priority: Develop and Implement a Comprehensive Facilities Master Plan Priority: Enhance Community Services and Parks for Residents Background
270
CONSENT ITEM 3.9
On January 30, 2023, City Manager Melvin E. Gaines began his service as East Palo Alto’s City Manager. Mr. Gaines’s agreement has been amended twice to provide a merit increase and to address a compaction issue after two positive review cycles (February 6, 2024, and again on September 3, 2024).
Analysis
The Council met in closed session twice to discuss amendments to the City Manager’s Employment Agreement.
On March 4, 2025, following closed session, the Council directed staff to return in open session to memorialize the following amendments to Mr. Gaines’s employment agreement:
Extension: extending the agreement’s term from January 30, 2026, to January 30, 2029.
The term extension is equal to the agreement’s initial term. Compensation: increasing total compensation to $317,312.00.
Fiscal Impact
This action does not require budget amendments. The current budget provides for the contract compensation changes.
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 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.
Government Code § 84308
Applicability of Levine Act: No, as the proposed action involves an exempt employment agreement.
Analysis of Levine Act Compliance: Not applicable.
Attachments
271
CONSENT ITEM 3.9
1. Resolution.
2. Draft Third Amendment to Employment Agreement with City Manager Melvin E. Gaines. 272
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING A THIRD AMENDMENT TO THE CITY MANAGER’S EMPLOYMENT
AGREEMENT TO EXTEND ITS TERM AND TO INCREASE SALARY
WHEREAS, the East Palo Alto City Council appointed Melvin E. Gaines as City Manager (“City Manager”), on January 17, 2023, effective January 30, 2023, and WHEREAS, City Manager’s employment agreement was amended on February 6, 2024, and again on September 3, 2024; and
WHEREAS, the City Council met twice in closed session to negotiate amendments to the City Attorney’s employment agreement; and
WHEREAS, on March 4, 2025, following closed session, the City Council directed staff to return in open session with a third amendment to the City Manager’s employment 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 Mayor to execute a third amendment to the City Manager’s Employment Agreement extending the agreement’s term until January 30, 2029, and increasing the City Manager’s total annual compensation to $317,312.00, as set forth more fully in Exhibit A; and
3. Finds that 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.
[The remainder of this page is intentionally left blank.] 273
PASSED AND APPROVED on this 18th day of March 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Martha Barragan, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
274
1 THIRD AMENDMENT TO CITY MANAGER’S EMPLOYMENT AGREEMENT This THIRD AMENDMENT TO CITY MANAGER’S EMPLOYMENT AGREEMENT ("THIRD AMENDMENT"), for reference dated _________, 2025, is by and between MELVIN E. GAINES ("GAINES") and the CITY OF EAST PALO ALTO, a municipal corporation ("CITY"), is made with reference to the following facts:
RECITALS:
WHEREAS, on January 30, 2023, pursuant to the original employment agreement dated the same (“AGREEMENT”), GAINES began his service as East Palo Alto’s City Manager; and
WHEREAS, GAINES’S Employment Agreement was amended on February 6, 2024 (“FIRST AMENDMENT”), and again on September 3, 2024 (“SECOND AMENDMENT”).
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE TO THE FOLLOWING:
1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.
2. Section 3 (regarding term of employment) is hereby amended to replace the date of “January 30, 2026,” with “January 30, 2029,” and replace the period of “two years” to “six years.”
3. Section 4 (regarding annual base salary) is hereby amended in its entirety to state the following:
“For and in exchange for the services provided herein, GAINES shall be compensated at an annual base salary of Three Hundred Seventeen Thousand Two Hundred Twelve Dollars ($317,212.00) from January 30, 2025, through January 29, 2029. GAINES shall be paid on a prorated basis bi-weekly in accordance with the CITY’s payroll practices and paid at the same time and in the same manner as other CITY employees are paid, effective the first full pay period after the Effective Date of this AGREEMENT.”
4. All other provisions of the original AGREEMENT between the parties remain in full force and effect, unless said provisions conflict with this Amendment, in which case this Amendment controls.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 275
2 IN WITNESS WHEREOF, the parties have entered into this THIRD AMENDMENT.
CITY OF EAST PALO ALTO, MELVIN E. GAINES
A municipal corporation An individual
BY: BY: ____________________________
Martha Barragan, Mayor Melvin E. Gaines
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
276
CONSENT ITEM 3.10
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Shiri Klima, Assistant City Manager
SUBJECT: City Attorney Employment Agreement
Recommendation
Adopt a resolution:
1. Authorizing the Mayor to execute a third amendment to the City Attorney’s Employment Agreement extending the agreement’s term until January 9, 2029, increasing the total annual compensation to $300,030.00, effective January 9, 2025, offering a fringe benefit mirroring a provision in the City Manager’s contract (allocating medical benefit premium amounts into a deferred compensation if medical coverage is declined), and other amendments; and
2. Finding that 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.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority: Promote Housing, Economic and Workforce Development Priority: Implement the Comprehensive Transportation and Mobility Plan Priority: Promote Health & Public Safety
Priority: Ensure Our Financial and Organizational Health Priority: Improve the City's Water Infrastructure
Priority: Develop and Implement a Comprehensive Facilities Master Plan Priority: Enhance Community Services and Parks for Residents 277
CONSENT ITEM 3.10
Background
On January 9, 2023, City Attorney John D. Lê began his service as East Palo Alto’s City Attorney (“City Attorney”). Mr. Lê’s agreement has been amended twice to provide a merit increase and cost of living adjustment after two positive review cycles (February 6, 2024, and again on September 3, 2024).
Analysis
The Council met in closed session twice to discuss amendments to the City Attorney’s Employment Agreement.
On March 4, 2025, following closed session, the Council directed staff to return in open session to memorialize the following amendments to Mr. Lê employment agreement:
Extension: extending the agreement’s term from January 9, 2026, to January 9, 2029.
The term extension is equal to the agreement’s initial term. Compensation: increasing total compensation to $300,030.00, removing salary increase provisions (i.e., costcost-of-living adjustment and merit increase). Fringe Benefit: adding a term to his benefits provision mirroring a provision in the City Manager’s agreement—if the City Attorney declines medical coverage, the premium amount the City would otherwise pay could be allocated toward deferred compensation.
Fiscal Impact
This action does not require budget amendments. The current budget provides for the contract compensation changes.
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 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.
Government Code § 84308
Applicability of Levine Act: No, as the proposed action involves an exempt employment agreement.
278
CONSENT ITEM 3.10
Analysis of Levine Act Compliance: Not applicable.
Attachments
1. Resolution.
2. Draft Third Amendment to Employment Agreement with City Attorney John D. Lê. 279
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING A THIRD AMENDMENT TO THE CITY ATTORNEY’S EMPLOYMENT
AGREEMENT TO THE TERM OF THE AGREEMENT AND TO INCREASE SALARY FOR THE
CITY ATTORNEY
WHEREAS, the East Palo Alto City Council appointed John D. Lê as City Attorney (“City Attorney”), on December 6, 2022, effective January 9, 2023, and WHEREAS, City Attorney’s employment agreement was amended on February 6, 2024, and again on September 3, 2024; and
WHEREAS, the City Council met twice in closed session to negotiate amendments to the City Attorney’s employment agreement; and
WHEREAS, on March 4, 2025, following closed session, the City Council directed staff to return in open session with a third amendment to the City Attorney’s employment 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 Mayor to execute a third amendment to the City Attorney’s Employment Agreement extending the agreement’s term until January 9, 2029, increasing total annual compensation to $300,030.00, removing the cost of living adjustment and merit increase, offering a fringe benefit mirroring a provision in the City Manager’s contract (allocating medical benefit premium amounts into a deferred compensation fund, if medical coverage is declined), and other amendments, as set forth more fully in Exhibit A; and
3. Finds that 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.
[The remainder of this page is intentionally left blank.] 280
PASSED AND APPROVED on this 18th day of March 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Martha Barragan, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk Michelle Magarrell, Deputy City Attorney 281
1 THIRD AMENDMENT TO CITY ATTORNEY’S EMPLOYMENT AGREEMENT This THIRD AMENDMENT TO CITY ATTORNEY’S EMPLOYMENT AGREEMENT ("THIRD AMENDMENT"), for reference dated ____________, 2025, is by and between JOHN D. LÊ (“LÊ”) and the CITY OF EAST PALO ALTO, a municipal corporation ("CITY"), is made with reference to the following facts:
RECITALS:
WHEREAS, on January 9, 2023, pursuant to the original employment agreement dated the same (“AGREEMENT”), Lê began his service as East Palo Alto’s City Attorney; and WHEREAS, LÊ’s Employment Agreement was amended on February 6, 2024 (“FIRST AMENDMENT”), and again on September 3, 2024 (“SECOND AMENDMENT”).
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE TO THE FOLLOWING:
1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.
2. Section 2(a) (regarding term of employment) is hereby amended to replace the date of “January 9, 2026,” with “January 9, 2029.”
3. Section 3(a) (regarding annual base salary) is hereby amended in its entirety to state the following:
“City agrees to pay Employee an annual base salary of Three Hundred Thousand and Thirty Dollars ($300,030.00) payable at the same time and in the same manner that other City employees are paid; this salary shall be effective as of January 9, 2025. Employee’s annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other Executive Management employees in the City.”
4. Section 3(c) (regarding automatic inflation adjustment) is hereby removed in its entirety and replaced with “[RESERVED]”.
5. A sentence is hereby added to the second bullet point (regarding medical benefits) in Section 3(d) to state the following:
“If Employee declines to use the medical benefit, City will contribute 50% of the amount that would be spent on medical benefits to deferred compensation for Employee.”
6. Section 4 (regarding the City Attorney’s duties) from the original Agreement shall be restored as originally stated in the AGREEMENT, as it was inadvertently 282
2 deleted in a previous amendment.
7. All other provisions of the original AGREEMENT between the parties remain in full force and effect, unless said provisions conflict with this Amendment, in which case this Amendment controls.
IN WITNESS WHEREOF, the parties have entered into this THIRD AMENDMENT.
CITY OF EAST PALO ALTO, JOHN D. LÊ
A municipal corporation An individual
BY: BY: ____________________________
Martha Barragan, Mayor John D. Lê
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk Michelle Magarrell, Deputy City Attorney 283
CONSENT ITEM 3.11
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: City Council Meeting Minutes
Recommendation
Adopt the March 4, 2025, City Council Meeting Minutes.
Attachments
1. March 4, 2025, City Council Meeting Minutes.
284
EAST PALO ALTO CITY COUNCIL
REGULAR SESSION MINUTES
Tuesday, March 4, 2025, 6:30 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303
1. CALL TO ORDER AND ROLL CALL
The City Council meeting was called to order by Mayor Barragan at 7:14 PM.
Attendee Name Title Status Arrived
Martha Barragan Mayor Present
Mark Dinan Vice Mayor Present
Carlos Romero Councilmember Present
Ruben Abrica Councilmember Present
Webster Lincoln Councilmember Present
2. APPROVAL OF THE AGENDA
A motion to approve the agenda was made by Vice Mayor Dinan, seconded by Councilmember Abrica, and passed unanimously.
3. APPROVAL OF CONSENT CALENDAR
A motion to approve the agenda was made by Vice Mayor Dinan, seconded by Councilmember Abrica, and passed unanimously.
3.1 Women's History and Culture Month Proclamation
3.2 Ramadan Proclamation
3.3 Honoring American Red Cross Month for March 2025
3.4 City Council Meeting Minutes
4. CLOSED SESSION
5. PUBLIC COMMENT
6. INFORMATIONAL REPORTS
6.1 Westside Area Plan
Elena Lee, Planning Manager presented on the Westside Area Plan.
Laura Rubio provided public comment.
7. SPECIAL PRESENTATIONS
285
8. PUBLIC HEARINGS
8.1 Adoption of Nexus Study Update and Updated Parks and Trails, Public Facilities, Transportation, Storm Drainage, and Water Capacity Development Impact Fees
Hanson Hom, East Palo Alto Special Projects Manager, James Wilson and Carlos Villareal from Wildan Financial Services provided a presentation on the Nexus Study.
Christopher Kao and Jeff Poetsch provided public comment.
A motion to approve item 8.1 was made by Councilmember Romero, seconded by Councilmember Abrica, and passed unanimously.
9. POLICY AND ACTION
9.1 East Palo Alto Library Project Update
Batool Zaro, Senior Engineer, provided an introduction on the Library Project Update.
The update presentation was provided by Elaine Kross, Project Manager, and Jane Catalano, Principal.
Angel Haight and Larry Moody provided public comment regarding item 9.1.
9.2 Recruitment and Retention Incentive Plan for the Recruitment of Hard-toFill positions Ana Torres, Human Resources Manager, provided a presentation regarding the recruitment incentive plan.
A motion to approve item 9.2 was made by Vice Mayor Dinan, seconded by Councilmember Romero, and passed unanimously with Councilmember Lincoln being absent.
9.3 Authorization to Execute Soil Stockpiling Agreement with Sycamore Real Estate Investment LLC and P. Kavanagh Construction Co.
Melvin Gaines, City Manager, provided a presentation on the soil stockpiling agreement.
A motion to approve item 9.3 was made by Councilmember Romero, seconded by Councilmember Abrica, and passed unanimously.
10. COUNCIL REPORTS
Councilmember Abrica invited the public and council to a meeting regarding the impacts of the Palo Alto Airport.
City Manager Gaines announced the 3/8 Strategic Priorities Retreat. 286
11. ADJOURNMENT
The meeting was adjourned at 10:41 PM
287
CONSENT ITEM 3.12
EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Shiri Klima, Assistant City Manager
Ana M Torres-Mondragon, Human Resources Manager
SUBJECT: FY 2024-25 Midyear Personnel Staffing Proposal Recommendation
Adopt a resolution:
1. Approving an amendment to the City’s Classification Plan adding 1.0 FTE Administrative Assistant, adding 1.0 FTE Information Technology Specialist I/II, adding
1.0 FTE Accountant Senior, adding 0.5 FTE Special Projects Manager (2 Year LTD), adding 1.0 FTE Paralegal, and eliminating 1.0 FTE Legal Assistant;
2. Approving the updated titles and job description/classification specifications from City Manager to City Manager/ General Manager, from City Attorney to City Attorney/ District Counsel, from Assistant City Manager to Assistant City Manager/ Assistant General Manager, from Finance Director to Finance Director/ District Treasurer, and from Public Works Director to Public Works Director/District Engineer;
3. Approving an amendment to five position classification specifications (Utility Manager, Accountant Senior, City Clerk - Public Information Officer, and Maintenance Worker I/II and III);
4. Approving compensation schedules for the positions listed above and referenced in Attachment P and Service Employees International Union (SEIU Local 521) Side Letter Agreement: Maintenance Worker Premium Pay for Utility Locator Function 5% premium pay; and
5. Finding that the proposed actions are exempt from the California Environmental Quality 288
CONSENT ITEM 3.12
Act (CEQA) because none of them are a “project” pursuant to 15378(b)(4) as these are fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
The East Palo Alto Sanitary District (EPASD or District) became a subsidiary to the City of East Palo (City) as of October 1, 2024. The City Council is the governing board of EPASD, and, through Chapter 2.12.150 (Subsidiary Districts) of the Municipal Code, the City Manager functions as the General Manager. With City Manager direction, activities by staff since establishment of the subsidiary district have focused on continuing reliable service for customers, informing key stakeholders including regulatory agencies of the governmental changes, reviewing existing operating procedures, and developing long-term capital improvement programs to correct both existing system deficiencies and support planned development.
After EPASD became a City subsidiary, staff conducted classification studies to ensure that the new responsibilities were accurately reflected in affected positions’ classification specifications. The study revealed that some existing classifications needed to be updated, while other departments required additional staffing to successfully operate the EPASD. These changes add a layer of complexity and specialized knowledge regarding utilities, necessitating adjustments to classifications and, in some cases, compensation to align with the expanded roles and responsibilities.
The City has fulfilled all meet-and-confer obligations with the labor unions representing affected positions.
Analysis
Staff proposes the following department organizational and staffing changes:
Departmental Organizational Changes
City Manager’s Office
As the City continues to evolve and take on greater responsibilities, it is essential that our classifications accurately reflect the scope and complexity of these roles. The classification study recommends title changes for the City Manager and Assistant City Manager to 289
CONSENT ITEM 3.12
acknowledge their dual responsibilities. The new classifications will be City Manager/General Manager and Assistant City Manager/Assistant General Manager, respectively.
This change recognizes that, in addition to leading the City, the City Manager also serves as the General Manager of the Sanitary District. By aligning the title with the expanded scope of responsibilities, there is enhanced transparency for City officials, employees, and the public, ensuring clarity in oversight, accountability, and reporting. This adjustment is critical for future recruitment efforts and compensation considerations.
Recommendation to add 1.0 FTE - Technology Specialist I/II:
The City currently has one position supporting the Information Technology Division. The study identified a growing need for an Information Technology Specialist I/II to support the increasing operational demands. Managing two entities has introduced additional layers of complexity, requiring enhanced IT infrastructure, security, and support to maintain seamless operations across both organizations. The addition of a full time Technology Specialist I/II ensures that City will have the necessary resources to sustain efficient and secure technology systems.
City Attorney’s Office
Staff recommends updating the City Attorney’s title to City Attorney/District Counsel to reflect the expanded responsibilities. In addition to providing legal services to the City, the City Attorney also serves as legal counsel for the EPASD. This role includes advising the City Council in its capacity as the EPASD Board of Directors, ensuring compliance with State, federal, and local laws, and overseeing legal matters related to the District’s operations. The title change enhances transparency, clarifies the scope of responsibilities, and ensures accountability in both City and District legal affairs. This adjustment is also critical for future recruitment efforts and compensation considerations.
As separate and related matter, the City has performed a desk audit on the position of Legal Assistant in the City Attorney’s Office. The Legal Assistant has performed enhanced functions, including around areas of grants/contracts management since before the City took over the EPASD and before the current Deputy City Attorney was hired. Additionally, the Legal Assistant has seen and is expected to see an increase in duties arising out of the City’s takeover of the EPASD, including contracts and risk/claims management. Accordingly, the study recommends the reclassification of the Legal Assistant to Paralegal due to the increased level of complexity and support needed from the incumbent. Staff recommends that the Paralegal receive a retroactive adjustment the next full pay period following January 3, 2025. (This change is unrelated to the EPASD becoming a subsidiary of the City.) Public Works Department
Staff recommends updating the Public Works Director title to Public Works Director/District Engineer to reflect the expanded responsibilities of overseeing both the City’s Public Works operations and the EPASD. This role includes managing infrastructure design, engineering, construction, maintenance, and the Capital Improvement Programs (CIPs) for the City and EPASD, ensuring seamless coordination between departments and regulatory agencies. The new title provides clarity on the technical expertise and leadership required for this dual role. 290
CONSENT ITEM 3.12
Staff recommends that the Public Works Director/District Engineer receive a retroactive adjustment the next full pay period following October 1, 2024, of 4.23% increase.
The study confirmed that while a title change for the Utility Manager was not necessary, a classification specification update was essential to accurately reflect the managing of EPASD day-to-day functions and formally include EPASD as a subsidiary of the City.
The study also identified the need for an additional Administrative Assistant to support EPASD’s daily operations. Given the complexity of utility regulations, this role requires specialized knowledge to ensure efficient office operations and regulatory compliance.
The classification specifications for Maintenance Worker I/II and Maintenance Worker III were updated to include USA trace and locate responsibilities as a special assignment. (USA tracing, also called 811, means marking and location services to residents, businesses, and underground utilities of other underground utility lines.) This change recognizes the increased technical expertise required and provides opportunities for career growth and workforce development which will also help support retention. Staff will be entitled to 5% premium pay if assigned to this task.
In addition to the positions above, the City would like to propose a part time Special Projects Manager (two-year Limited Term Duration) to assist with the SaferBay project, which will be funded by the CalOES grant. The City is leading the design portion of the Safer Bay project south of Bay Road from the 30% stage to the 100% stage. In order to keep the project on track, and in compliance with the grant requirements, a special projects manager is essential.
Finance Department
Staff recommends updating the title of Finance Director to Finance Director/ District Treasurer.
A classification specification update was essential to accurately reflect the increased complexity of managing finances for both the City and the EPASD. Overseeing two entities significantly expands the scope of financial management, requiring a higher level of expertise in utility accounting, regulatory compliance, risk management and financial reporting. Staff recommends that the Finance Director/ District Treasurer receive a retroactive adjustment the next full pay period following October 1, 2024, of 3.82% increase.
The study also identified the urgent need for an additional Senior Accountant 1.0 FTE to handle the specialized accounting demands of utility operations. The complexity of managing EPASD’s financials requires accuracy in budgeting, billing, and regulatory compliance. This advanced skill set is characteristic of advanced expertise found in the Senior level of the Accountant classification series. This addition 1.0 FTE is critically important to maintain fiscal accountability, operational efficiency, and long-term financial stability for both entities. There is a current incumbent that will be impacted by this proposed classification and compensation update. Staff recommend the current incumbent receive a retroactive adjustment the next full pay period following October 1, 2024, of 5% increase.
This report only captures the title changes and change in scope but does not have a monetary component for the City Manager/ General Manager and the City Attorney/ District Counsel as 291
CONSENT ITEM 3.12
both classifications are contractual employees who negotiate wages with the City Council directly. The City Council met in closed session on March 4, 2025, to provide direction to staff on how to proceed with these two staff members’ compensation recommendations. Staff will return to properly reflect the monetary impacts for the two contractual employees.
Below please find then summary rubric of the changes requested:
Fiscal Impact
The total estimated fiscal impact for the current fiscal year is $134,649.34. Expenses associated with the EPASD will be allocated directly to the EPASD budget through direct charges or by incorporating them into the City-wide cost allocation plan. Costs attributable to the City will be absorbed through existing budgetary savings, eliminating the need for a budget amendment at this time. This approach ensures that the proposed staffing and classification adjustments are financially sustainable within the current fiscal framework.
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 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.
Department Title
Estimated
Effective Date
Bargaining
Unit FTE Annual Cost
FY 2045-25
Impact
City Manager's Office Assistant City Manager/ Assistant General Manager - Unrep - City Manager's
Office/Information
Technology Information Technology Specialist I/II 5/1/2025 SEIU 1.0 163,021 27,170 City Manager's
Office/Community
Programs Recreational Leader I - SEIU - - -
City Attorney's Office Paralegal 1/3/2025 Unrep 1.0 155,709 77,854 City Attorney's Office Legal Secretary 1/2/2025 Unrep (1.00) (141,554) (70,777) Public Works Public Works Director/ District Engineer 10/1/2024 Unrep - 12,104 9,077.85 Public Works Utility Manager - MEA - - -
Public Works Special Project Manager (2 Yr LTD) 5/1/2025 Unrep 1.00 173,048 28,841 Public Works/
Administration Administrative Assistant - SEIU 1.0 97,814 24,453 Public Works/
Maintenance Maintenance Worker I/II 5/1/2025 SEIU - 9,101 2,275 Public Works/
Maintenance Maintenance Worker III 5/1/2025 SEIU - 4,550 1,138 Finance Finance Director/ District Treasurer 10/1/2024 Unrep - 8,572 6,428.74 Finance Accountant Senior 5/1/2025 MEA 1.0 131,678 21,946 Finance Accountant Senior 10/1/2024 MEA - 7,489 6,241
City Clerk's Office City Clerk- Public Information Officer - Unrep - Net New 4.00 621,531.20 134,649.34
292
CONSENT ITEM 3.12
Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.
Analysis of Levine Act Compliance: Not applicable.
Attachments
1. Resolution
2. Attachment A: City’s Classification Plan Update (Position Control)
3. Attachment B: City Manager/ General Manager Job Description/ Classification Specification clean copy and revised
4. Attachment C: Assistant City Manager/ Assistant General Manager Job Description/ Classification Specification clean copy and revised
5. Attachment D: Information Technology Specialist I/II Job Description/ Classification Specification (NEW)
6. Attachment E: City Attorney/ District Counsel Job Description/ Classification Specification clean copy and revised
7. Attachment F: Paralegal Job Description/ Classification Specification (NEW)
8. Attachment G: Public Works Director/ District Engineer Job Description/ Classification Specification clean copy and revised
9. Attachment H: Utility Manager Job Description/ Classification Specification clean copy and revised
10.Attachment I: Administrative Assistant Job Description/ Classification Specification clean copy and revised
11.Attachment J: Maintenance Worker I/II Job Description/ Classification Specification clean copy and revised
12.Attachment K: Maintenance Worker III Job Description/ Classification Specification clean copy and revised
13.Attachment L: Finance Director/ District Treasurer Job Description/ Classification Specification clean copy and revised
14.Attachment M: Accountant Senior Job Description/ Classification Specification clean copy and revised
15.Attachment N: City Clerk- Public Information Officer Job Description/ Classification Specification clean copy and revised
16.Attachment O: Special Project Manager (2 Year LTD)
17.Attachment P: Compensation Schedules Proposed
18.Attachment Q: Service Employees International Union (SEIU Local 521) Side Letter Agreement:
Maintenance Worker Premium Pay for Utility Locator Function (pending signatures, attaching for reference)
293
DRAFT
Resolution No. XX-2025 1 of 2
RESOLUTION NO. XX– 2025
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
APPROVING AN AMENDMENT TO THE CITY’S CLASSIFICATION PLAN ADDING 1.0 FTE ADMINISTRATIVE ASSISTANT, ADDING 1.0 FTE INFORMATION TECHNOLOGY SPECIALIST I/II, ADDING 1.0 FTE ACCOUNTANT SENIOR, ADDING 0.5 FTE SPECIAL PROJECTS MANAGER (2 YEAR LIMITED TERM DURATION), ADDING 1.0 FTE PARALEGAL, ELIMINATING 1.0 FTE LEGAL ASSISTANT; APPROVING THE UPDATED
TITLES AND JOB DESCRIPTIONS/ CLASSIFICATION SPECIFICATIONS AND AMENDMENTS TO SIX POSITIONS; APPROVING JOB DESCRIPTION/CLASSIFICATION
UPDATES ON FIVE POSITIONS
WHEREAS, the East Palo Alto Sanitary District (EPASD or District) became a subsidiary to the City of East Palo (City) as of October 1, 2024, with the City Council as the EPASD governing board and the City Manager as its General Manager; and
WHEREAS, with City Manager direction, activities by staff since establishment of the subsidiary district have focused on continuing reliable service for customers, informing key stakeholders including regulatory agencies of the governmental changes, reviewing existing operating procedures, and developing long-term capital improvement programs to correct both existing system deficiencies and support planned development; and
WHEREAS, after EPASD became a City subsidiary, staff conducted classification studies to ensure that the new responsibilities were accurately reflected in affected positions’ classification specifications; and
WHEREAS, this study revealed that some existing classifications needed to be updated, while other departments required additional staffing to successfully operate the EPASD, and these changes add a layer of complexity and specialized knowledge regarding utilities, necessitating adjustments to classifications and, in some cases, compensation to align with the expanded roles and responsibilities; and
WHEREAS, the City has met its legal obligations to amend its job classification plan, including all meet-and-confer obligations facilitated by meeting with the labor unions with affected positions.
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 incorporates these recitals by this action.
2. Approves an amendment to the City’s Classification Plan adding 1.0 FTE Administrative Assistant, adding 1.0 FTE Information Technology Specialist I/II, adding 1.0 FTE Accountant Senior, adding 1.0 FTE Paralegal, and eliminating 1.0 FTE Legal Assistant.
3. Approves the updated titles and job description/classification specifications from City Manager to City Manager/ General Manager, from City Attorney to City Attorney/District Counsel, from Assistant City Manager to Assistant City Manager/ Assistant General Manager, from Finance Director to Finance Director/ District Treasurer, and from Public Works Director to Public 294
DRAFT
Resolution No. XX-2025 2 of 2
Works Director/District Engineer, as set forth in Attachments B, E, C, L, and G.
4. Approves an amendment to six position classification specifications (Utility Manager, Accountant Senior, Administrative Assistant, City Clerk - Public Information Officer, and Maintenance Worker I/II and III), as set forth in Attachments H, M, I, N, J, and K.
5. Approves new job description/classification specifications for Information Technology Specialist I/II, Paralegal, and Special Projects Manager (two-year limited term duration) as set forth in Attachments D, F, and O.
6. Approves compensation schedules for the positions listed above, and Service Employees International Union (SEIU Local 521) Side Letter Agreement: Maintenance Worker Premium Pay for Utility Locator Function 5% premium pay as set forth in Attachments P and Q.
7. Attaches and incorporates by reference Attachments A through Q.
8. Finds that the proposed actions being considered do not constitute “Projects” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378(b)(4), because these are fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
PASSED AND ADOPTED this 18th day of March 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Barragan. Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney
295
FTE's
FY 2024-25
FTE's
FY 2024-25
City Council Community and Economic Development (Con'd) a. Council Member 5.00 Planning Division
a. Planning Manager 1.00
City Attorney's Office b. Senior Planner 1.00
a. City Attorney/District Counsel8 1.00 c. Associate Planner 1.00 b. Deputy City Attorney I/II 1.00 d. Planning Technician 1.00 c. Legal Assistant 1.00 e. Assistant/Associate Planner 1.00
3.00 5.00
City Manager's Office Public Works
Admininistration Adminstration Division
a. City Manager/General Manager8 1.00 a. Public Works Director/District Engineer8 1.00 b. Assistant City Manager/Assistant General Manager8 1.00 b. Administrative Assistant 1.00 c. Assistant to the City Manager1 2.00 c. Management Analyst II 1.00 d. IT Manager2 1.00 d. Environmental Service Aide 1.45
e Executive Assist. to City Mgr 1.00 4.45
6.00 Engineering Division
Human Resources Division a. City Engineer 1.00
a. Human Resources Manager 1.00 b. Utility Manager6 1.00 b. Human Resources Technician I/II 1.00 c. Senior Engineer 1.00
2.00 d. Associate Engineer 1.00
Community Services Division e. Assistant/Associate Engineer 1.00 a. Community Services Manager 1.00 f. Public Works Supervisor 1.00 b. Recreation Coordinator 1.00 6.00
c. Recreation Leader II (1 FTE, 1 PT)3 1.45 Maintenance Division d. Van Driver (2 PT) 1.00 a. Maintenance Manager 1.00
e. Nutrition Site Supervisor (1 PT) 0.75 b. Maintenance Worker I 3.00 f. Kitchen Aide (1 PT) 0.50 c. Maintenance Worker II 5.00
5.70 d. Maintenance Worker III 2.00
City Clerk's Office e. Secretary I 1.00
a. City Clerk 1.00 12.00
b. Office Assistant 1.00 Police
2.00 Administration Division
Finance a. Police Chief 1.00
a. Finance Director/District Treasurer8 1.00 b. Support Services Manager 1.00 b. Financial Services Manager 1.00 c. Police Records Supervisor 1.00 c. Accountant Senior 1.00 d. Police Record's Clerk I/II 4.00 d. Accountant I4 1.00 e. Property & Evience Technician 1.00 e. Accounting Technician I/II5 1.00 8.00
f. Grant Coordinator 1.00 Investigations Division
G Senior Accounting Technician 1.00 a. Captain9 1.00
7.00 b. Police Officer 4.00
Community and Economic Development c. Cold Case Investigator10 - Administration Division d. Police Sergeant 1.00
a. Community & Economic Dev Director 1.00 6.00
b. Management Analyst II 1.00 Operations Division
c. Secretary II 1.00 a. Captain9 1.00
d. Office Assistant 1.00 b. Police Sergeant 4.00
4.00 c. Police Officer 24.00
Building Services Division d. Reserve Officer Manager7 - a. Chief Building Official 1.00 c. Community Services Officer 4.00 b. Building Inspector II 1.00 d. Community Services Officer (4 PT) 1.80 c. Building Permit Technician 2.00 34.80
d. Code Enforcement/Bldg Inspector Hybrid 1.00
e. Code Enforcement Officer II 2.00
7.00 Housing/Econ Division
a. Housing & Econ Dev Manager 1.00
b. RSP Administrator 1.00
c. Housing Project Manager 1.00
d. RSP Coordinator II 1.00
4.00 Total Authorized FTE's 121.95
1 Approved FY24 Mid year budget session, effective December 1, 2023 6 New position (subject to Council approval) 2 New position (subject to Council approval) 7
Reserve Officers of FTE 1.35 converted to Community Services Officer 3 Reducing one PT and Adding one FT. Net changes 0.55 (subject to Council approval) of 1 FTE (subject to council approval) 4 Converting Accountant I/II to Accountant I 8 EPASD Position Classification, per Ordinance NO. 59 5 Reducing Accounting Technician I/II from FTE 2.0 to 1.0. Created 9 Commander reclassified to Captain Senior Accounting Technician Position of FTE 1.0. No net changes 10 Cold Case Investigator eliminated as a cost saving effort when Commander was reclassified to Captain
CITY OF EAST PALO ALTO
Detail Position Listing
296
March 2025
FLSA: Exempt
CITY MANAGER/ GENERAL MANAGER
DEFINITION
Under policy direction, plans, organizes, and provides administrative direction and oversight for all City functions and activities; provides policy guidance and program evaluation to the City Council and management staff; encourages and facilitates provision of services to City residents and businesses; fosters cooperative working relationships with State and local intergovernmental and regulatory agencies and various public and private groups; pursues appropriate avenues of economic and community development.
In addition, the City Manager serves as the General Manager for the East Palo Alto Sanitation District (EPASD). In this capacity, the City Manager implements the policy direction set by the EPASD Board of Directors, provides strategic leadership, and oversees daily operations to ensure efficient service delivery and full regulatory compliance; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative and general policy direction from the City Council and the EPASD Board of Directors. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines. Exercises general direction and supervision to the entire City staff through subordinate levels of management and supervision.
CLASS CHARACTERISTICS
The City Manager serves as the Chief Executive Officer of the City and General Manager of the EPASD, accountable to the City Council and EPASD Board of Directors, and is responsible for enforcement of all City and EPASD codes, ordinances, and regulations, the conduct of all financial activities, and the efficient and economical performance of the City and EPASDs operations.
EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations where appropriate so that qualified employees can perform the essential functions of the job.
Plans, organizes, and administers operations of the City and EPASD either directly or through subordinate management and supervisory staff; coordinates and evaluates the work of the City in accordance with applicable laws, codes, and regulations and adopted policies and objectives of the City Council and EPASD Board of Directors.
Directs and coordinates the development and implementation of goals, objectives, and programs for the City Council/EPASD Board of Directors, Department Heads, EPASD, and the City; develops 297
City Manager/ General Manager
administrative policies, procedures, and work standards to ensure that the goals and objectives are met and that programs provide mandated services in an effective, efficient, and economical manner. Leads EPASD’s transition to and operation as a City Subsidiary, Oversees the preparation of the annual budget for the City and EPASD; authorizes directly or through staff, budget transfers, expenditures, and purchases; provides information regarding the financial condition and needs of the City and EPASD to the City Council/EPASD Board of Directors. Advises the City Council/EPASD Board of Directors on issues, programs, and financial status; prepares and recommends long- and short-term plans for City and EPASD service provision, capital improvements, and funding; and directs the development of specific proposals for action regarding current and future needs of the City and EPASD ; attends all meetings of the Council and EPASD Board. Oversees the administration, construction, use, and maintenance of all City and EPASD facilities and equipment,
including buildings, parks, facilities, and other public property. Represents the City, EPASD, and the Council/Board in meetings with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
Provides for the investigation and resolution of complaints regarding the administration of and services provided by the City government and EPASD.
Provides for contract services and franchise agreements; ensures proper performance of obligations to the City and EPASD; has responsibility for enforcement of all City and District codes, ordinances, and regulations.
Oversees the selection, training, professional development, and work evaluation of City and District staff; oversees the implementation of effective employee relations programs; provides policy guidance and interpretation to staff; serves as the hearing officer for grievances and discipline hearings. Directs the preparation of and prepares a variety of correspondence, reports, policies, procedures, and other written materials.
Ensures the maintenance of working and official City and EPASD files. Ensures that the Council/Board is kept informed of City and EPASD functions, activities, and financial status, and of legal, social, and economic issues affecting City and EPASD activities. Monitors changes in laws, regulations, and technology that may affect City and District operations; implements policy and procedural changes as required.
Responds to the most complex, difficult, and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision. Principles, practices, and procedures of public administration in a municipal setting and special district. Functions, services, and funding sources of a municipal government and special district. Functions, authority, responsibilities, and limitations of an elected City Council and Special District Board of Directors.
Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility. Principles and practices of municipal and special district budget development, administration, and accountability.
298
City Manager/ General Manager
Current social, political, and economic trends affecting City and special district government and service provision.
Techniques for effectively representing the City and EPASD in contacts with government agencies, community groups, and various business, professional, regulatory, and legislative organizations. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City and EPASD staff.
The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
Modern equipment and communication tools used for business functions and program, project, and task coordination.
Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Ability to:
Plan, administer, coordinate, review, and evaluate the functions, activities, and staff of the City and EPASD.
Work cooperatively with, provide highly complex and responsible staff support to, and implement the policies of the City Council and EPASD Board of Directors. Develop and implement goals, objectives, policies, procedures, work standards, and internal controls. Oversee all City and EPASD financial activities, including administering investments, the development and implementation of the City and EPASD budget, and the control of all expenditures and purchases. Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.
Conduct effective negotiations and effectively represent the City and EPASD in meetings with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations, and the media.
Direct the preparation of and prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Equivalent to graduation from a four-year college or university with major coursework in public or business administration, public policy, finance, or a related field and six (6) years of management experience in a public agency setting as a City Manager, Assistant City Manager, or in a related administrative/managerial capacity involving responsibility for planning, organization, and implementation. An equivalent to a master’s degree in Public or Business Administration is highly desired. 299
City Manager/ General Manager
Licenses and Certifications:
None.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 300
March 2025
FLSA: Exempt
ASSISTANT CITY MANAGER/ASSISTANT GENERAL MANAGER
DEFINITION
Under administrative direction, provides highly responsible and complex management assistance to the City Manager/General Manager and City Council in coordinating and directing City-wide departmental activities and operations; assists the City Manager/General Manager in executing the long-term vision for the City in collaboration with the City Council and department heads; ensures quality services provision to the residents of the community; coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to the City Manager/General Manager in areas of expertise; acts as City Manager/General Manager in that individuals absence.
In addition, the Assistant City Manager/Assistant General Manager/General Manager serves as the Assistant General Manager for the East Palo Alto Sanitation District (EPASD). In this capacity, the Assistant General Manager collaborates with the General Manager to implement the policy direction set by the EPASD Board of Directors, provide strategic leadership, and oversee daily operations to ensure efficient service delivery and full regulatory compliance; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager/General Manager. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines.
Exercises supervision over management, professional, technical, and administrative staff through subordinate levels of supervision.
DISTINGUISHING CHARACTERISTICS
This is an executive management classification that oversees, directs, and participates in all activities of the City s and EPASD s operations, including short- and long-term planning, policy development and administration, and enforcing all City and EPASD codes and regulations. The incumbent regularly interacts with the City Manager/General Manager, City Council, EPASD Board of Directors and departmental management in obtaining and coordinating projects and information. Successful performance of the work requires knowledge of public policy, municipal functions, and activities, including the role of an elected City Council and EPASD Board of Directors and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities among all City and EPASD departments and agencies and managing and overseeing the complex and varied programs, projects, and activities of the City and EPASD, and other assigned functions. The incumbent is accountable for accomplishing City-wide and EPASD planning and operational goals and objectives within general policy guidelines.
301
Assistant City Manager/Assistant General Manager
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Assists the City Manager/General Manager in planning, organizing, and directing the services and activities of City and EPASD departments and programs.
Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the City Manager’s Office and EPASD; establishes, within City and EPASD policy, appropriate budget, service, and staffing levels.
Assists and participates in the development, administration, and oversight of City and EPASD annual budgets. assists in overseeing financial and budgetary responsibilities by helping to direct the forecasting of additional funds needed for City departments and EPASD staffing, equipment and supplies; aids in the monitoring and approval of expenditures; supports the direction and implementation of budgetary adjustments as necessary.
Selects, trains, motivates, and directs City and EPASD personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees to correct deficiencies; implements discipline and termination procedures; responds to staff questions and concerns. Contributes to the overall quality of the City’s and EPASD’s service by developing, reviewing and implementing policies and procedures to meet legal requirements and City and EPASD needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change. Implements directives and policies from the City Manager/General Manager; provides guidance and direction to department heads and EPASD Board of Directors to coordinate and direct programs and projects; meets with department heads and EPASD Board of Directors to identify and resolve organizational and operational problems both within departments and the District, and across departmental and District lines; ensures the successful completion of programs and projects. Coordinates the development and administration of the City’s and EPASD budget and Capital Improvement Program; assists with budget forecasting; reviews and controls programs and projects to ensure cost effectiveness.
Oversees and participates in the preparation and administration of the City Manager/City General Manager’s Office and EPASD budget; maintains and monitors appropriate budgeting controls; monitors compliance with budget parameters and general financial policies. Represents the City and EPASD on various intergovernmental committees, task forces, and commissions pertaining to city and EPASD management and assigned program matters. Monitors legal, regulatory, technology and societal changes and court decisions that may affect the work of the City and District; determines equipment acquisition, training programs and procedural changes to ensure retention of qualified staff and the provision of services to the community in an effective, efficient, and economical manner.
Oversees the development of consultant requests for proposals for professional services and the advertising and bid processes; evaluates proposals and recommends project award; coordinates with legal counsel to determine City and District needs and requirements for contractual services; negotiates contracts and agreements and administers same after award. Represents the City, EPASD, other City departments, elected officials, and outside agencies; explains and interprets City and EPASD programs, policies, and activities; negotiates and resolves significant and controversial issues.
302
Assistant City Manager/Assistant General Manager
Conducts a variety of organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate. Negotiates contracts and agreements; coordinates with legal counsel, City department and EPASD representatives to determine City and EPASD needs and requirements for contractual services. Participates in and makes presentations to the City Council and EPASD Board of Directors and a wide variety of committees, boards, and commissions.
Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of City and District services and management as they relate to the area of assignment. Directs the maintenance of working and official files. Serves as a spokesperson for the City and District at a variety of community events, meetings, and other public relations activities.
Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the City Manager/General Manager. Responds to difficult and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
Serves as Acting City Manager/General Manager as needed, ensuring seamless leadership in the City Manager/General Manager’s absence, whether planned or unexpected. Performs other related duties as assigned.
JOB-RELATED QUALIFICATIONS
Knowledge of:
Administrative principles and practices, including goal setting, budget administration, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.
Principles and practices of leadership.
Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
Principles and practices of strategic plan development. General principles of risk management related to the functions of the assigned area. Principles, practices, and procedures of public administration in a municipal setting. Functions, authority, and responsibilities of an elected City Council. Funding sources for municipal government services, and special districts. Public agency contract administration principles.
Principles and practices related to municipal planning, civil engineering, building code, code enforcement, economic development, utility operations, transportation planning, financial management, real estate development, and community engagement strategies; expertise in human resources, information technology, community services, and utility management, including water and wastewater operations, legal requirements, and regulatory compliance. Understanding of state-mandated regulatory documents and enforcement plans, as well as processes involved in acquiring and managing mutual water companies Experience in staff development and training to ensure effective operations and compliance with legal obligations.
Methods and techniques of developing technical and administrative reports, and business correspondence.
Research methods and techniques.
303
Assistant City Manager/Assistant General Manager
Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
Modern equipment and communication tools used for business functions and program, project, and task coordination.
Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Ability to:
Work cooperatively with, provide staff support to, and implement the policies of the City Manager/General Manager, City Council, and EPASD Board of Directors. Develop and implement goals, objectives, practices, policies, procedures, and work standards. Provide administrative and professional leadership for the City and District. Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner.
Interpret, apply, explain, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations.
Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel; delegate authority and responsibility.
Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
Effectively administer special projects with contractual agreements and ensure compliance with contractual obligations.
Effectively represent the City and EPASD in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations. Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
304
Assistant City Manager/Assistant General Manager
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in business or public administration, public policy, finance, or a related field and five (5) years of progressively responsible management experience within local government. A Master’s degree in public administration is desirable.
Licenses and Certifications:
None.
PHYSICAL DEMANDS
The standard office position requires an employee to access their work location, attend meetings, use computerized workstations, lift paperwork and light-weight equipment or resources (less than 20 pounds), and to operate a motor vehicle to visit various City and meeting sites. Typically, an employee will need to walk, stand, sit, use a keyboard, see, hear, bend, lift, and twist. Typically, an employee will need to mentally process and analyze complex information, compose complex responses, interact with others, and present information and reports.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 305
INFORMATION TECHNOLOGY SPECIALIST I/II
DEFINITION
Under the general direction of the Information Technology Manager, installs, sets up, configures, troubleshoots, and maintains the Citywide Information Technology (IT) equipment such as computers printers, peripherals, and telecommunications systems; maintains an inventory of IT equipment and assists with deployment for new hires and replacement systems; assists with user account management, including password resets; supports city systems by performing routine maintenance, updates, and basic network troubleshooting; installs and maintains department specific hardware and applications; provides end-user support and responds to requests for service; evaluates and; provides training and technical support to City staff; participates in IT projects, including system upgrades and migrations or new equipment installation; and performs other duties as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Information Technology Manager. Exercises no supervision of staff.
DISTINGUISHING CHARACTERISTICS
The IT Specialist I is the entry-level classification for the Information Technology Specialist series. The IT Specialist I provides assistance and support to staff in all City programs and coordinates IT-related projects with various stakeholders as well as vendors. This incumbent is responsible for providing client systems support, end-point configuration and management, incident management, and troubleshooting various systems hardware, software, and peripherals. This class is distinguished from level II in that incumbents at this level are not expected to function with the same amount of knowledge or skill level as the II level and usually exercise less independent discretion and judgment in matters related to work procedures and methods.
Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are explained in detail as they arise. As experience is gained, assignments become more varied and are performed with greater independence.
The IT Specialist II is the journey-level classification that provides assistance and support to staff in all City programs and coordinates IT-related projects with various stakeholders as well as vendors. This incumbent is responsible for providing client systems support, end-point configuration and management, incident management, and troubleshooting various systems hardware, software, and peripherals. Incumbents at this level receive only occasional instruction or assistance as new or unusual situations arise and are expected to be fully proficient in desktop computer and software support and aware of operating procedures and policies.
This level is distinguished from level I in that incumbents in this position can work independently and have the authority to resolve complex problems and effectively make decisions.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Set up, maintain, and troubleshoot computer hardware, software, and peripheral components such as computers, monitors, keyboards, printers, telephone, and voicemail system equipment. Receive, log, and track all helpdesk inquiries from users related to technical problems and 306
questions; respond to inquiries concerning systems/network operations and telecommunication systems and diagnose system hardware, software, and operator problems. Maintaining an inventory of IT equipment and assisting with deployment for new hires and replacements.
Providing technical support for City employees, including troubleshooting hardware and software issues.
Assisting with user account management, including password resets and permissions updates. Supporting City systems by performing routine maintenance, updates, and basic network troubleshooting
Convey oneself to and from departments at different geographical locations to provide onsite IT support services.
Develop, enhance, and maintain documentation for the Information Technology Division; develop and provide training to City staff on equipment and supported software. Assisting with IT projects, such as system upgrades and migrations. Keep current on trends, developments, innovations, and equipment, used in desktop systems, antivirus software, office automation, graphics, spreadsheets, and word processing. Assists in configuring, updating and troubleshooting public safety systems, such as public safety dispatch and patrol cars.
Maintains web-based applications
Performs data retention and restoration as needed and ensure the City complies with the established back-up retention policy.
Verify the accuracy of existing documentation and take corrective measures where needed, create and maintain documentation as it relates to enterprise configuration, mapping and processes. Assist IT Manager in all phases of division work, including heavier labor tasks such us relocating pieces of equipment and the pick up and delivery of supplies. Schedule vendor maintenance and repair activities; provide additional third-party support for department specific applications.
Review current operational procedures for the purpose of identifying economical and feasible methods of automating workflow.
Creates and installs baseline software sets, adhering to department and City standards, for various computer make and models.
Assists in the administration of Citywide cyber security solutions. Installs and maintains antivirus software and other system security software on routers, firewalls, servers and workstations.
Creates email boxes for users and departments; troubleshoots email servers, connection, access, security, firewall, and storage issues; monitors email servers and performs scheduled maintenance. Track inventory of computer equipment and maintain computerized inventory system; order and maintain computer supplies.
Performs incident management of service tickets, including ensuring tickets are assigned to appropriate staff, following up with staff and customers on status of ticket, ensuring tickets are completed, and updating status in system upon completion. Establish and maintain effective working relationships with City employees, City officials, contractors and the public.
Communicate effectively both orally and in writing in order to present written and oral reports and provide training to end users.
Maintains and supports active directory services by adding, removing, and/or editing users; creates access rights to users and user groups; creates groups and mailing lists. Perform related duties as assigned.
307
JOB-RELATED QUALIFICATIONS
Knowledge of:
Basic methods, tools, and techniques of testing, troubleshooting, problem solving, and maintaining hardware and software related to computers, mobile devices, audio visual, network and communication systems.
Basic methods, techniques, tools, and materials used to maintain and repair a variety of electronic and communication systems and hardware.
Read and interpret complex technical publications, manuals, and related documents; develop, implement, and maintain technical documentation; set up records and tracking methods. Customer service and telephone techniques and remote access troubleshooting. The City, operation, and functions of the department as necessary to assume assigned responsibilities and to determine appropriate point of escalation. Server administration, hosted applications, and desktop management software. Job planning, prioritizing and scheduling techniques. Operating systems, local are network (LAN) and wide area network (WAN) design, operations, and support such as printers, modems, scanners, routers and other network devices and various applications.
Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and city staff.
Principles of database management and systems development. Basic networking concepts, network connectivity, and protocols. Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
Principles of record keeping, theory and design of information technology. File server administration, related software applications such as database, word processing, spreadsheet and others.
Ability to:
Operate, install, maintain, configure, and troubleshoot a variety of technical computer equipment, complex software programs, and peripherals, including but not limited to desktop computers, audio/visual equipment, telephone equipment and accessories, mobile computing (vehicular) systems and wireless access devices.
Convey oneself to and from geographical locations frequently and timely. Explain technical concepts to non-technical users and instruct others in the use of hardware and software. Provide excellent customer service, work independently, reason logically and make sound judgements within established policy guidelines.
Maintain confidentiality of information, tolerate interruptions and meet critical deadlines. Stay current with new technology developments; recommend appropriate revisions to processes and procedures and make process improvement changes to streamline procedures. Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles.
Demonstrate tact, professionalism, and diplomacy.
Develop and maintain technical operating instructions and documentation, train staff on software applications and hardware usage.
Communicate effectively both orally and in writing in order to present written and oral reports and provide training to end users.
Interpret, apply, explain, and ensure compliance with federal, state, and local policies, procedures, laws, rules, and regulations.
Learn and understand the organization and operation of the city and of outside agencies as necessary to assume assigned responsibilities.
Establish and maintain a variety of filing, record-keeping, and tracking systems. Compose clear and concise system procedures, correspondence, and reports. 308
Participate in network and website development projects using strong project management techniques, set priorities and organize work.
Work independently, and make sound judgements within established policy guidelines and maintain confidentiality of information.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
Equivalent to an associate’s degree in information technology, computer science or a related field.
Experience:
Information Technology Specialist I: Two (2) years of progressively responsible experience performing information technology support and troubleshooting and repairing computers and peripheral equipment, including hardware and software administration.
Information Technology Specialist II: Four (4) years of progressively responsible experience performing information technology support and troubleshooting and repairing computers and peripheral equipment, including hardware and software administration.
Licenses and Certifications:
The ability to convey oneself to and from geographical locations frequently and timely. If operating a City vehicle, a CA driver’s license is required.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 40 pounds.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 309
310
March 2025
FLSA: Exempt
CITY ATTORNEY/DISTRICT COUNSEL
DEFINITION
Under policy direction, provides a wide range of professional legal services, assistance, and advice to the City Council (as the City Council and in its capacity as the governing board of the East Palo Alto Sanitary District, EPASD), the City Manager, all City departments, and various boards, committees, and commissions; plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the City Attorneys Office; represents the City in Federal and State courts and with various government agencies or bodies; coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments, with intergovernmental and regulatory agencies and various public and private groups; .
In addition, the City Attorney serves as District Counsel for EPASD. In this capacity, the City Attorney provides much of the same professional legal services, assistance, and advice in their capacity as City Attorney, including legal advice, guidance, and oversight of its operations, regulations, and compliance with state, federal and local laws; and performs related duties, as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council and the EPASD Board of Directors within a framework of legal guidelines, broad policies, and established organizational values and processes. Exercises general supervision and direction over professional and legal support staff.
DISTINGUISHING CHARACTERISTICS
This is a Department Director classification that oversees, directs, and participates in all activities of the City Attorney s Office, including short- and long-term planning and development and administration of departmental policies, procedures, and services. This class provides assistance to the City Manager, EPASD Board of Directors, and other subordinate boards, commissions, committees and departments in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of the law, public policy, and municipal functions and activities, including the role of an elected City Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities of the department with those of other departments and outside agencies and managing and overseeing the complex and varied functions of the department and EPASD. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives and for furthering City and EPASD goals and objectives within general policy guidelines. The City Attorney/District Counsel serves as legal advisor and counsel for the City and EPASD, is appointed by the City Council, and is responsible for the conduct of all legal functions and activities.
311
City Attorney/ District Counsel
Additionally, the City Attorney/District Counsel is responsible for ensuring compliance with applicable laws, including environmental regulations related to sanitary district operations, including wastewater management, stormwater permits, and adherence to EPA and Regional Water Quality Control Board standards.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Assumes full management responsibility for all programs, services, and activities of the City Attorney’s Office and EPASD, including civil litigation, criminal prosecutions, and administrative hearings. Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City and EPASD policy, appropriate budget, service, and staffing levels.
Manages and participates in the development and administration of the department’s and EPASD’s annual budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring of and approves expenditures; directs and implements adjustments as necessary.
Selects, trains, motivates, and directs department and EPASD personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns. Contributes to the overall quality of the department’s and EPASD’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City and EPASD needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change. Renders opinions in writing and orally for City Council, City Manager, EPASD Board of Directors, boards, committees, commissions, and department staff regarding routine and complex matters; attends City Council, EPASD Board of Directors, board, committee, and commission meetings as requested. Prepares, reviews, and assists in the negotiation of proposed agreements; prepares and reviews ordinances, resolutions, bonds and financing papers, insurance policies, deeds, pleadings, contracts, and other legal documents relating to City and EPASD affairs. Provides highly complex and professional staff assistance to the City Council, City Manager, EPASD Board of Directors, and other City departments.
Represents the department to other City departments, EPASD, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues.
Prepares, reviews, and presents ordinances, resolutions, staff reports, various information updates, and reports on special projects to the City Council, EPASD Board of Directors, City staff, and a variety of boards, committees, and commissions.
Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of municipal law, special district law, and other areas of expertise as they relate to the area of assignment.
Monitors changes in laws, regulations, and technology that may affect City, EPASD, or departmental operations; implements policy and procedural changes as required. 312
City Attorney/ District Counsel
Provides in-house training for the City Council, EPASD Board of Directors, boards, committees, commissions, and staff relating to various matters.
Supervises the phraseology of all contracts and agreements, ensuring they align with both City and EPASD requirements.
Advises on potential liability and risk management associated with city and sanitary infrastructure, including sewer overflows, environmental hazards, and aging infrastructure. Provides legal guidance on sanitary district capital improvement projects, ensuring compliance with public works and procurement laws.
Performs other related duties as assigned.
JOB-RELATED QUALIFICATIONS
Knowledge of:
Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision. Public agency budget development, contract administration, City-wide administrative practices, and general principles of risk management related to the functions of the assigned area. Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility. Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures Principles and practices of leadership.
Federal, State, and local laws statutes and ordinances with emphasis on municipal and special district law.
Federal, State, and local trial and appeal procedures and methods of case preparation and presentation for both civil and criminal matters.
Methods of legal research, including computer research. Record-keeping principles and procedures.
Techniques for effectively representing the City and EPASD in contacts with governmental agencies, community
groups, and various business, professional, educational, regulatory, and legislative organizations. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, City, and EPASD staff.
The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
Modern equipment and communication tools used for business functions and program, project, and task coordination.
Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.
Ability to:
Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. Provide administrative and professional leadership and direction for the department, City, and EPASD. Provide sound legal advice to the City Council, EPASD Board of Directors, boards, committees, commissions, and staff.
Present legal information and advice clearly and persuasively in public sessions. 313
City Attorney/ District Counsel
Determine alternative legal and administrative approaches to solving problems. Analyze and prepare a wide variety of legal documents. Prepare and present cases in court.
Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas; research, analyze, and evaluate new service delivery methods, procedures, and techniques.
Prepare and administer budgets; allocate limited resources in a cost-effective manner. Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.
Plan, organize, direct, and coordinate the work of professional and legal support personnel; delegate authority and responsibility; select, train, motivate, and evaluate the work of staff and train staff in work procedures.
Conduct effective negotiations and effectively represent the City, EPASD, and the department in meetings with governmental agencies, businesses, professionals, and regulatory and legislative organizations.
Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective staff reports.
Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
Learn and understand the organization and operation of the City, EPASD, and of outside agencies as necessary to assume assigned responsibilities.
Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Equivalent to possession of a Juris Doctorate degree from an accredited school of law and seven (7) years of management and/or administrative experience in public agency law.
Licenses and Certifications:
Possession of a valid California Class C Driver’s License and a good driving record, at the time of appointment.
Possession of a valid California State Bar License.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. 314
City Attorney/ District Counsel
This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 315
March 2025
FLSA: Non-Exempt
PARALEGAL
DEFINITION
Under general supervision, performs a wide variety of complex and confidential, technical, and administrative legal tasks in support of attorneys within the City Attorney's Office (CAO). Incumbents perform complex and responsible legal and administrative duties requiring a thorough knowledge of basic legal concepts and an ability to think critically in order to formulate and implement particular projects; provides information to the public and staff requiring knowledge of department services, policies, and procedures; provides assistance for a wide variety of confidential assignments related to City Council activities, employees’ bargaining units, employee grievances, claims and lawsuits filed against the City, and personnel issues; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the City Attorney or Assistant City Attorney. May exercise functional direction over assigned administrative support staff.
DISTINGUISHING CHARACTERISTICS
This is an experienced-level, specialized class in the City Attorney's Office. Incumbents perform complex and responsible legal and administrative duties requiring a thorough knowledge of basic legal concepts and an ability to think critically in order to formulate and implement particular projects; assist in departmentrelated projects and programs; and are required to be well versed in procedures related to the assigned area(s) of responsibility, working with a high degree of independent judgment, tact, and initiative. This class is distinguished from the Administrative Assistant in that it provides more specialized legal services and requires specialized knowledge and training.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Provides high level administrative support to the City Attorney and the CAO by assisting with duties of a complex and confidential nature related to City Council activities, employees’ bargaining units, employee grievances, claims and lawsuits filed against the City, and personnel issues; acts as a liaison between the department and other staff or the public, coordinating resolutions when appropriate. Composes, types, edits, and proofreads a variety of complex and confidential documents, including forms, memos, and legal documents, such as memoranda, agreements, ordinances, administrative and staff reports, and correspondence for department staff from rough draft, dictation equipment, handwritten copy, verbal instructions, or from other material; inputs and retrieves data and text using a computer terminal; checks draft documents for punctuation, spelling, and grammar; makes or suggests corrections to drafts.
Maintains the City Attorney’s calendar and arranges meetings; schedules meetings between City staff or between City staff and other groups or organizations; arranges for necessary setup and materials to be available at meetings.
316
Paralegal
Verifies and reviews forms and reports for completeness and conformance with established regulations and procedures; applies departmental and program policies and procedures in determining completeness of applications, records, and files.
Conducts initial review of draft contracts and amendments; flags inconsistencies and potential problems in documents for Attorney review; participates in contract template working group to monitor and recommend changes to template contracts as proposed by the CAO and internal staff. Reviews certificates of insurance, including various endorsements and verify they meet the City’s insurance requirements, in addition to liaison with staff or public regarding insurance requirements. Tracks contract review requests from start to completion. Prepares and files all pleadings in Superior and Federal Court including criminal pleadings, civil pleadings, and weapons forfeitures; maintains calendars for filings and court dates. Screens calls, visitors, and incoming mail; provides information to the public by phone or in person requiring an understanding of department services and City policies and procedures; listens to questions and interprets and applies regulations, policies, procedures, systems, rules, and precedents according to existing guidelines; responds to citizen and staff inquiries and complaints; refers citizens to the appropriate department source; coordinates or resolves problems of a moderate nature when appropriate.
Tracks and maintains litigation calendars, including recording follow-up trial dates, action dates, and disposition of cases.
Coordinates arrangements for serving of summonses, complaints, and other legal documents by outside parties; coordinates the response to subpoenas by staff or other City departments. Composes, types, edits, and proofreads a variety of complex documents, including forms, memos, legal documents including subpoenas, warrants, petitions, briefs, motions, memoranda, and pleadings, agreements, ordinances, real property documents, administrative, statistical, and staff reports, and correspondence for department staff from rough draft, dictation equipment, handwritten copy, verbal instructions, or from other material; inputs and retrieves data and text using a computer terminal; checks draft documents for punctuation, spelling, and grammar; makes or suggests corrections to drafts. Organizes and carries out administrative assignments; researches, compiles, and organizes information and data from various sources on a variety of specialized topics related to programs in assigned area; checks and tabulates standard mathematical or statistical data; prepares and assembles reports, manuals, articles, announcements, and other informational materials. Assists in the preparation of the CAO budget; reviews and ensures accuracy of budget documents for the City Attorney’s final review and approval.
Maintains department and staff calendars and makes meeting arrangements; schedules meetings between City staff or between City staff and other groups or organizations; arranges for necessary setup and materials to be available at meetings. Makes travel arrangements for the City Attorney and Assistant City Attorney to attend conferences, seminars, etc.; registers City Attorney and Assistant City Attorney for webinars, as requested. Verifies and reviews forms and reports for completeness and conformance with established regulations and procedures; applies departmental and program policies and procedures in determining completeness of applications, records, and files.
Purges CAO physical legal and non-legal files according to the City’s Retention Schedule. Assists with Public Records Act Requests and other inquiries from the public. Monitors deadlines for timely production of responsive records.
Develops and implements file, index, tracking, and record keeping systems; maintains law library materials; researches records within areas of assigned responsibility to prepare reports and provide follow-up information to customer and staff inquiries.
Monitors and orders office and other related supplies; prepares, processes, and tracks purchase requisitions for services and materials; receives and processes vendor invoices; prepares requests for payment for department head approval.
Coordinates and integrates department services and activities with other agencies and City departments. Maintains and updates the CAO webpage as needed.
Performs other duties as assigned.
317
Paralegal