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HomeMy WebLinkAboutStaff Report 2403-2825CITY OF PALO ALTO CITY COUNCIL Special Meeting Tuesday, June 18, 2024 Council Chambers & Hybrid 4:00 PM     Agenda Item     10.PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041]: Provide Direction on Applicant’s Request for Amendments to the Existing Regulatory Agreement and Proposed Application for a Streamlined Housing Development Review to Allow the Redevelopment of the Buena Vista Village Mobile Home Park. The Proposed Development Would Result in Two Parcels, One Featuring a new 61-Unit, 100% Affordable Housing, Multi-Family Apartment Building and Associated Work Within the Right-of-Way; and the Second Parcel Featuring a Renovated 44-Unit Mobile Home Park, Which is Under State Jurisdictional Authority. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In-fill Development). Zoning District: RM-20. Presentation, Public Comments City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: June 18, 2024 Report #:2403-2825 TITLE PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041]: Provide Direction on Applicant’s Request for Amendments to the Existing Regulatory Agreement and Proposed Application for a Streamlined Housing Development Review to Allow the Redevelopment of the Buena Vista Village Mobile Home Park. The Proposed Development Would Result in Two Parcels, One Featuring a new 61-Unit, 100% Affordable Housing, Multi-Family Apartment Building and Associated Work Within the Right-of-Way; and the Second Parcel Featuring a Renovated 44-Unit Mobile Home Park, Which is Under State Jurisdictional Authority. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In-fill Development). Zoning District: RM-20. RECOMMENDATION Staff recommends that Council take the following actions: 1. Provide feedback on the development proposal; 2. Provide feedback on the proposed amendments to the regulatory agreements; and 3. Return on the August 5, 2024, consent calendar following the completion of the environmental analysis for a decision on the Streamlined Housing Development Review application and to authorize the City Manager to Execute the amended Regulatory Agreements. EXECUTIVE SUMMARY In December 2023, the Santa Clara County Housing Authority (SCCHA) submitted a compliant pre-application in accordance with Senate Bill (SB) 330. This pre-application freezes development standards for the proposed redevelopment and requires streamlining. On February 15, 2024, the Santa Clara County Housing Authority (SCCHA) submitted a formal application for Streamlined Housing Development review. The proposed project includes an affordable 61-unit apartment development on a portion of the subject parcel located at 3980 El Camino Real (see Attachment A, Location Map). The applicant has filed a separate, associated, Vesting Tentative Map Application with the City to subdivide the existing lot into two parcels. The new lot to be created would be developed with 61 apartment units and the remaining existing lot would be rehabilitated with 44 mobiles homes. Rehabilitation of the mobile home parcel is processed through the State Department of Housing and Community Development (HCD). The project is a housing development project in accordance with the Housing Accountability Act and qualifies for a Density Bonus and associated concessions, waivers, and allowances under state law (California Government Code §65915) and PAMC Chapter 18.15. To align with the proposed redevelopment, the project also includes modifications to an existing 2017 regulatory agreement between the City, County, and County Housing Authority (see Attachment D, Existing 2017 Regulatory Agreement).1 The project plans are included in Attachment H and the proposed Regulatory Agreements are included in Attachment C. The City, acting as the lead agency in accordance with the California Environmental Quality Act (CEQA), anticipates that the project will be exempt from CEQA per CEQA Guidelines Section 15332 (infill exemption). The documentation to support this exemption is currently being prepared and will be completed prior to a decision on the project. SCCHA must submit applications to meet funding deadlines in the latter half of August 2024. This funding is critical for the project. The funding applications require approvals by the City and the County prior to application submission by SCCHA. BACKGROUND In June 2016, Council approved a Memorandum of Understanding (MOU) Between the SCCHA, the County of Santa Clara, and the City of Palo Alto to provide up to $14.5 million in City affordable housing funds in support of SCCHA’s acquisition of the Buena Vista Mobile Home Park for deed-restricted affordable housing. The SCCHA purchased the park in 2017 with the support of these funds. After a park conditions assessment, SCCHA found that the park contained an array of hazards. With the purchase, SCCHA agreed with the City and County to improve and protect the park as affordable housing through a regulatory agreement which focused on maintaining affordable housing, enhancing the habitability of the property, avoiding resident displacement, and investing in rehabilitation and improvements. The regulatory agreement includes an improvements timeline and some expected outcomes. Since the onset of the agreement, SCCHA has focused on the people and the infrastructure of Buena Vista. They have: • Removed trash and abandoned cars, • Conducted necessary home repairs, • Installed new utilities, • Replaced aged sewer and water lines, 1 City Attorney Report to City Council September 11, 2017, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2017/staff-report-8493-buena-vista-mou-amendment.pdf. • Replaced paving, • Demolished abandoned coaches (i.e., mobile homes), • Capped unused utilities for safety, • Provided spaces for services and an afterschool program, • Relocated Park residents as needed (e.g., to new mobile homes), and • Worked to bring the Park into compliance with various laws. Council held a study session on February 13, 2023, in which SCHAA provided an update on these ongoing efforts at the site. Following submittal of the formal application for the proposed redevelopment of the 61-unit apartment building, Council held another study session on March 4, 2024, to provide early input on the redevelopment. The analysis section of this report includes key comments from Councilmembers at the March study session, which primarily focused on the relocation plan for existing tenants. Project Description SSCHA submitted a formal application for Streamlined Housing Development review for a 61- unit apartment development on a portion of the existing Buena Vista Mobile home site (Application 24PLN-00041). The proposed apartments are located within a single, four-story (37 feet), 63,736 sf building (1.0:1 FAR). Seventy-nine (79) parking stalls and one car loading space is provided in accordance with the code. Attachment A includes a location map showing the zoning designation of the site and surrounding areas. Attachment H shows the project plans for this development. On April 30, 2024, SCCHA submitted a related application for a Vesting Tentative Map to subdivide the existing parcel into two parcels (24PLN-00129). Under the existing Regulatory Agreement, the property must maintain, at minimum, 100 affordable units. However, the existing spacing of mobile homes does not meet current state rules regarding spacing and setbacks. The introduction of an apartment building allows the property to both maintain the minimum number of affordable units, while allowing enough space to retain 44 mobile homes. The tentative map subdivides the existing parcel to better finance the 61 apartments and 44 mobile homes separately. The total development, between the apartment building and mobile home units, would be 105 units; 40% of units will be provided at a rate affordable to households earning 30% of Area Median Income (AMI), 40% of the units would be provided at a rate affordable to households earning 50% AMI and the remaining 20% would be provided at a rate affordable to households earning 80% AMI.2,3 2 Income limits are based on annual published limits from HCD 3 To avoid displacement of existing tenants, three tenants that currently have an income level that exceeds 80% of AMI will be allowed to continue to rent at the site. Those units are considered as restricted low-income units Revisions to the existing regulatory agreement are necessary in conjunction with the redevelopment to reflect the two individual parcels and their respective ownership entities as well as to reflect the necessary affordability requirements for their respective funding sources. Requested Entitlements, Findings and Purview: The following discretionary applications are being requested: •Streamlined Housing Development Review: The process for evaluating this type of application is set forth in PAMC 18.77.073. Streamlined Housing Development Review applications require a study session with the ARB and recommendations are forwarded to the Planning & Development Services Director for action following the review. Action by the Director is appealable to the City Council if filed within 14 days of the decision. However, in this case, since the project is also associated with a regulatory agreement that requires City Council approval, the subject development application is also be presented to the Council for final review and action. Streamlined Housing Development projects are evaluated against specific findings and must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. Draft findings for this project are provided in Attachment B. •Tentative Map and Final Map for condominium purposes: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474. The process for approval of a Tentative Map for a condominium subdivision is outlined in PAMC Chapter 21.12. Tentative maps require Planning and Transportation Commission (PTC) review to determine whether the amended subdivision is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. The PTC’s recommendation is forwarded to the City Council for final approval. Council’s purview of the development application is limited by the following state law: •Housing Accountability Act (Government Code 65589.5): The project constitutes a “housing development project” under the Housing Accountability Act. The Housing Accountability Act Section 65589.5(j) requires that when a proposed housing development project complies with applicable, objective general plan and zoning standards, a local agency may only deny or reduce the density the project or reduce its density if the agency first finds that (1) the development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; because the tri-party regulatory agreement requires that future units will be made available to lower income households at affordable rents after any initial moderate or high-income households voluntarily vacate their units. After any initial moderate or high income households vacate their units, those units will continue be restricted as low-income units with affordable rents for at least an additional 55 years or greater. and (2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density. Notwithstanding the subject project being subject to the Housing Accountability Act, this project is also reliant upon and subject to City Council’s endorsement of the tri- party regulatory agreement. •Housing Crisis Act (Senate Bill 330; Government Code 65589.5): SSCHA filed a compliant SB 330 pre-application on December 19, 2023. A formal application was filed on February 15, 2024, which is within the required 180 days from submittal of the compliant pre-application. Therefore, review of this project shall be in accordance with applicable regulations as set forth on December 19, 2024. Additionally, no more than five hearings may be held for the proposed project. •Rehabilitation of the remaining parcel with mobile homes is processed by the state department of Housing and Community Development. Therefore, development of the 44 units on the mobile home parcel is not subject to the City’s development review process. However, HCD does require signoff from the local agency prior to approval to ensure that requirements related to public services and service connections have been met. Previous ARB Hearing The Architectural Review Board (ARB) held a study session on May 2, 2024 to provide feedback on the project’s consistency with the City’s objective standards. Key feedback from ARB members included the following: •Further evaluate the privacy for ground floor units by raising the units by a foot, adding privacy fencing, revising the sills, or providing better landscaping. •Consider refinements to the interior floor plans to: o Provide better access to the ends of the building o Consider a more centrally located entrance area, trash room and laundry room o Reconsider including the junior one-bedroom unit design and the windows on the inner corner units of the 2-bedrooms. •Consider whether some, even if not all, units could have private open space •Provide the required justification of waivers, especially for the parking lot canopy cover exception; really consider options that would increase the parking lot landscaping •Asked that each choice with respect to articulation, color, and materials has an architectural reasoning and a stronger architectural logic to the various plane changes. The applicant’s incorporation of ARB feedback is provided in the following section, under the Objective Design Standards heading. ANALYSIS Staff from all relevant departments reviewed the Streamlined Housing Development Review application for consistency with the municipal code and all other relevant state and federal regulations. Various departments are still finalizing their review of the current project plans. Standard draft conditions have been incorporated into the draft record of land use action at this time; however, final conditions of approval may be modified prior to Council’s decision in August. Overall, staff finds that the project conforms to relevant plans, policies and guidelines relevant to the proposed project or otherwise requests concessions and waivers in accordance with state regulations. Comprehensive Plan and Design Guidelines There are no specific plans or design guidelines that are relevant to the proposed project. Staff’s review of the project finds it consistent with the Comprehensive Plan, including the land use designation and applicable goals and policies. The project site has a multi-family land use designation, which permits multi-family residential uses and expresses that net densities will range from 8 to 90 units per acre. The density of the proposed 61-unit development would be 36 dwelling units per acre (DU/AC) based on the proposed parcel boundaries in accordance with the planned subdivision map, which aligns with the Comprehensive Plan. Overall, the development across the two parcels would equate to a density of 23 DU/AC. Housing Element Based on guidance from HCD, the City was able to report 117 very low-income units as qualifying preserved housing units for the fifth cycle regional housing needs assessment. As the proposed project does not result in any net new affordable units, there are no additional units to claim for the current housing cycle. Zoning Compliance4 A table summarizing the proposed project’s consistency with applicable RM-20 zoning standards is included in Attachment E. The proposed project complies with all applicable codes or is seeking, through the state density bonus provisions, permission to deviate from certain code standards in a manner that is consistent with the Zoning Ordinance and state density bonus law. Specifically, the applicant is seeking a density bonus, four concessions and six waivers as detailed below. Attachment G summarizes the justifications for the requested concessions and waivers. Separately, the project is eligible for an 80% density bonus in accordance with California Government Code §65915(d)(1)(G). •Density Bonus: 36 DU/AC, where 20 DU/AC is permitted. This is an 80% density bonus, which is permitted for a project providing the amount of deeply affordable units proposed. •Concession 1: Façade Breaks (less than 2 feet in depth) 4 The Palo Alto Zoning Code is available online: bit.ly/PAZoningCode •Concession 2: Ground Floor Unit Direct Connection to Path or Common Open Space 18.24.020(b)(4)(E) •Concession 3: Percentage of Frontage Dedicated to Utilities and Parking in accordance with 18.24.06(C)(7)(A) •Concession 4: Private Open Space (None where 50 sf per unit is required) •Waiver 1: Floor Area Ratio (1.01:1 where 0.5:1 is allowed) •Waiver 2: Height (37 feet where 30 feet is allowed) •Waiver 3: Site Open Space (24% where 35% is required) •Waiver 4: Tree Canopy Cover in Parking Lot (future coverage of 47% where 50% is required) •Waiver 5: Reduction in Street Trees (none provided along the mobile home project frontage where one per every 30 feet is required due to Valley Water easement restrictions) •Waiver 6: Street width (28 feet where 32 feet is required) State Density Bonus Law and Chapter 18.15 Compliance The project is a qualifying project for state density bonus in accordance with California Government Code §65915(b)(1)(A) which includes projects that sell at least 10% of the base number of dwelling units of a housing development to persons and families of lower income, as defined in Section 50079 of the Health and Safety Code. In accordance with AB 1763, which modified state density bonus law (California Government Code §65915), an applicant providing 100% of units at a rate affordable to low income tenants, excluding managers units, is eligible for an 80% density bonus except that 20% percent of the units may be for moderate income households as defined in the Health and Safety Code. SCCHA is providing 60 units at a rate affordable to low income (80% of AMI) or lower plus one manager’s unit. Per§65915(d)(1)(G) and PAMC §18.15.050(c)(iii), the project is also eligible for four concessions or incentives. In general, the City must provide an unlimited number of waivers from development standards that would physically preclude the project from being built at the allowed density. The requested waivers and concession are summarized above in the zoning consistency analysis. Under state density bonus law, the City may request reasonable documentation that establishes eligibility for concessions and waivers; however, the City cannot require the preparation of a study or report and the burden is on the City to identify a basis to deny a requested concession or waiver. For concessions, the City may request documentation supporting the cost reduction achieved through the concession. For waivers, the City may request documentation that explains why the development standard would physically preclude the project from being constructed at the proposed density. Attachment G provides the applicant’s documentation for the requested waivers and concession. For purposes of the Housing Accountability Act, the use of concessions and waivers under density bonus law is not a basis for finding the project inconsistent with the City’s objective standards. In other words, the City cannot deny a project for being inconsistent with a development standard if the applicant has requested a waiver or concession from that standard. Objective Design Standards An analysis of the project’s consistency with the objective design standards is provided in Attachment F. The project is consistent with the objective design standards except where waivers or concessions are requested in accordance with state density bonus law. Therefore, the project is eligible from streamlining in accordance with the City’s Streamlined Housing Development review process. In accordance with this process, the ARB reviews applications and provides feedback at a single study session to improve consistency with the objective design standards. A summary of the ARB’s key feedback is provided in the Background Section. The project made the following modifications based on the ARB’s feedback: •Windows for ground floor units have been modified to create more privacy for units •An additional access point out to Los Robles and closer to the parking lot has been provided •Parking lot landscape planting has been increased from 33% to 47% shading to improve compliance with the objective standards for landscape planting of parking lots under 18.54 of the PAMC. •The required justifications for waivers and concessions have been provided •The articulation, color, and materials placement have been refined. Specifically, material and color changes correlate more closely now with the plane changes. The color and material palette has also been revised to add visual interest and define spaces or features. For example, to define the amenity space on the ground floor and to highlight the projections in the facade. •A car loading space has been added in accordance with the objective design standards Requests for private open space was mixed. The project has not provided private open space due to the increased project costs. In accordance with state density bonus law this is requested as a waiver as the additional costs would preclude construction of the project at the density proposed. Additional information is provided in the justifications of waivers and concessions. Major modifications to the ground floor layout have also not been incorporated into the design. SCCHA has stated that modifying the lobby to be more centrally located is less desirable for residents as it presents more security concerns if the lobby is internal to the project site. SCCHA indicated that the residents provided input during the design process and had specifically requested that this be located close to the entrance for security purposes. Multi-Modal Access and Parking The proposed project creates a secondary access point off of Los Robles for vehicles. While providing only one curb cut from Los Robles would be better from a bicyclist/pedestrian perspective, this addition ensures better circulation on site and reduces the volume of traffic traveling along the private road where residents are crossing to access shared amenities. Parking is provided on site and exceeds the minimum requirements for standard parking spaces as required in accordance with state regulations for state density bonus projects (California Government Code 65915(p)(1)) by providing 78 parking spaces where 77 are required. A car loading space is required in accordance with the Zoning Code for projects of more than 50 units and is provided in one additional space on site. Currently many residents park along the frontage; therefore, the project improves the existing condition by providing more parking on site and utilizing the frontage to improve the pedestrian connection. An access easement over the sidewalk will be required as a condition of approval of the project and incorporated into the proposed tentative map. Bicycle parking is provided at grade and a pathway meeting the minimum requirements for pike/ped access is provided. Tree Protection and Removal The proposed project removes 60 trees that are currently located on the project site (both parcels) to accommodate the proposed redevelopment. The project proposes to plant 65 new trees across both parcels in replacement. In-lieu fees would also be required in accordance with the city’s no net loss of canopy requirements. Tree 75 of the arborist report is an oak tree growing through an existing mobile home. The City’s arborist and the applicant’s arborist have discussed this tree removal and the reasoning for removal to determine whether any feasible alternatives would allow for preservation. Ultimately, due to the level of disturbance that would be required both during demolition and construction, the City’s arborist agrees with the findings of the applicant’s arborist report that this tree would need to be removed. In particular, the existing conditions provide artificial support for the tree that would be removed as a result of the project (the existing mobile home) and the proposed construction requires more extensive excavation of this drive aisle area to provide the necessary compaction to support the weight of emergency vehicles since this also serves as an emergency vehicle access. Some of this additional reasoning was discussed in meeting with the project arborist and City staff. The City has asked that the arborist report be updated prior to approval to fully reflect this reasoning in order to justify the removal. Additionally, some residents and the city’s arborist expressed that the Lombardy poplar tree proposed on the HCD portion of the property should be revised to a more appropriate tree species. SCCHA intends to update the species for plans that are submitted to HCD. Regulatory Agreement Affordable housing projects often involve a regulatory agreement between parties, with a long, fixed term and provisions to ensure affordability is maintained, and frequently include an option for one of the parties to purchase the property towards the end of the term at a minimal cost. The original regulatory agreement for the Buena Vista Mobile Home Park (referred to within this report as the ”2017 Regulatory Agreement”), executed in 2017, was an agreement between the Santa Clara County Housing Authority, the City of Palo Alto, and the County of Santa Clara. Key provisions of the original 2017 regulatory agreement included: •A 75-year term, •Commitment to maintaining the property as an affordable housing resource, •Enhancing the habitability of the property, •Avoiding displacement of residents currently residing at the property, •Relocating 8 mobile homes and 2 studio units located on leased property, •Investing at least $10 million in rehabilitation and improvements, •Maintaining a minimum of 100 residential units or mobile home spaces, and •Providing an annual report and financial audit. In order to secure project financing, the parties will need to either change the existing Regulatory Agreement to enter into two new regulatory agreements for the apartments and mobile homes which is needed to secure project financing. Specifically, the lot will be split into two parcels with new assessor parcel numbers (APN), each with a distinct financing structure. Since the apartment financing will include low-income housing tax credits (LIHTC) financing, it will involve a lender, investor, and tax credit allocation committee (TCAC) and regulatory agreements that will affect the apartment parcel. To attract lenders and investors, the City’s Regulatory Agreement for the apartment parcel must align with the apartment's APN and only cover the apartment improvements. Similarly, the mobile homes will have HCD financing and regulatory agreements specific to the mobile homes parcel/APN. This modification to the site necessitates terminating the current 2017 Regulatory Agreement and “amending it” to replace it with two new Regulatory Agreements. The Housing Authority has applied for a Vesting Tentative Map to create these two parcels, one for the apartments and one for the mobile homes. The apartment improvements will be owned by a separate legal entity, a limited partnership, distinct from the entity that will own the mobile homes improvements. Key Provisions of Proposed Regulatory Agreements The table below highlights the key provisions of the proposed new Regulatory Agreements alongside the original Regulatory Agreement. In the table, “Owner” refers to the Housing Authority. Original 2017 Regulatory Agreement Proposed Regulatory Agreements TYPE Mobile Homes Apartment Building Mobile Homes UNITS 100 residential units or mobile home spaces 60 affordable units + 1 unrestricted manager’s unit 44 mobile home spaces5 TERM 75-year term SAME SAME RENT •Households with incomes <30% AMI, monthly rent ≤one-twelfth of 30% of 30% AMI •Households with incomes <30% AMI, monthly rent ≤one- •Households with incomes <30% AMI, monthly rent 5 The project is proposing 61 apartments and 44 mobile home units for a total of 105 units. This will result in 60 affordable apartments plus one manager’s apartment and 40 affordable mobile home units, leaving four unregulated, non-manager mobile homes. The unregulated mobile homes can be rented to existing residents who are over-income and wish to rent at Buena Vista Mobile Home Park. Original 2017 Regulatory Agreement Proposed Regulatory Agreements •Households with incomes >30% AMI - ≤50% AMI, monthly rent ≤ one- twelfth of 30% of 50% AMI •Households with incomes >50% AMI-<80% AMI, monthly rent ≤one- twelfth of 30% of 60% AMI •Households with incomes >80% AMI-<120% AMI, monthly rent ≤ one- twelfth of 30% of 110% AMI •Households owning mobile home and making mortgage payments, mortgage payments and property taxes, assessment and insurance premiums payable for mobile home will be deducted in determining affordable rent twelfth of 30% of 30% AMI •Household with incomes >30% AMI - ≤50% AMI, monthly rent ≤ one-twelfth of 30% of 50% AMI •Households with incomes >50% AMI- ≤80% AMI, monthly rent ≤ one-twelfth of 30% of 80% AMI •Households with incomes >80% AMI- ≤120% AMI, monthly rent ≤ one-twelfth of 30% of 120% AMI ≤one-twelfth of 30% of 30% AMI •Households with incomes >30% AMI - ≤50% AMI, monthly rent ≤ one-twelfth of 30% of 50% AMI •Households with incomes >50% AMI-≤80% AMI, monthly rent ≤ one-twelfth of 30% of 80% AMI •Households with incomes >80% AMI-≤120% AMI, monthly rent ≤ one-twelfth of 30% of 120% AMI AFFORDABILITY •≥40% of units rented to households with incomes <30% AMI • ≥40% of units rented to households with incomes <50% AMI •Remainder of units available to households with incomes ≤80% AMI SAME SAME REINVESTMENT •If property sold, proceeds will be reinvested in the City to create affordable housing. SAME SAME Original 2017 Regulatory Agreement Proposed Regulatory Agreements •If sold to party unaffiliated with Housing Authority and not used for affordable housing, then an amount equal to (a) the amount not repaid to City and County for loans and (b) ≥ 52% of total appreciation value will be reinvested in City to create affordable housing. •If sold to party unaffiliated with Housing Authority and used for affordable housing, then (a) 52% of total appreciation value will be applied as a reduction to the purchase price and (b) the Owner will repay the City and County any outstanding loan amount. VACANCY If household increases in income results in not meeting affordability percentage requirements, then Owner offer vacant units as available in appropriate affordability category until percentages are met. SAME SAME EXISTING RESIDENTS •If income is >80%AMI- <120%AMI may continue to rent or lease at affordable rent •If income is ≥120% AMI may continue to rent or lease however, upon written notice, rent may SAME SAME Original 2017 Regulatory Agreement Proposed Regulatory Agreements be adjusted to fair market rent RELOCATION •Residents shall not be displaced before suitable replacement housing is available •All relocation costs to be paid by Owner (not resident) •Residents have the right to return after any temporary relocation. SAME SAME REPORTING •Annual report on occupied units, including household income and size and rental rate •Annual financial audit SAME SAME The SCCHA has expressed its commitment to delivering the same number of required housing units at the same affordability levels in the new agreements. City staff, County staff, and SCCHA staff will discuss the amendments. City and County staff have had similar comments and concerns when reviewing the Regulatory Agreements and are in close communication (e.g., regular emails, meetings, and phone calls) on this work. In the proposed regulatory agreements there are draft changes to affordability levels, these are: •For households with incomes greater than 50% AMI but less than or equal to 80% AMI, a monthly rent less than or equal to one-twelfth of 30% of 80% of AMI, rather than one- twelfth of 30% of 60% of AMI. •For households with incomes greater than 80% AMI but less than 120% AMI, a monthly rent less than or equal to one-twelfth of 30% of 120% AMI, rather than one-twelfth of 110% AMI. •There is no language referring to mobile home owners and mortgage payments and the ability to deduct mortgage payments, property taxes, assessment, and insurance premiums in determining affordable rent. These changes represent SCCHA’s proposed update to the rent calculation methodology to better align with the funding sources that will be in place for both the park and apartments. When the parties initially entered into the regulatory agreement in 2017, the funding sources were not yet fully known. As the parties enter into the updated agreements, SCCHA proposes to use the federal Department of Housing and Urban Development (HUD) published area median income levels (AMI) and rent calculation method, which better align with financing sources. The Housing Authority (SCCHA) indicated that impacts to current residents are minimal and vary based on each household's income. Some residents will see a reduction, some residents will see no change, and others will see an increase. For those receiving an increase, the increases will be limited to either 5% or 10% per year until they "catch-up" to the correct affordable rent for their household. Although it did not result in a change to the regulatory agreement, it is worth noting that the Housing Authority indicates it has invested a much higher proportion of the project’s funding than anticipated under the original agreement (more than double the original amount) and remains committed to seeing the project through. City staff anticipate returning to Council for approval on Consent in August with the intent to execute an agreement based on the revised terms drafted. County staff have indicated that they will be bringing the Regulatory Agreements before the Board of Supervisors late summer / this fall for their review and approval. FISCAL/RESOURCE IMPACT In June 2016, Council authorized the expenditure of $14.5 million in City affordable housing funds to support the Housing Authority’s potential acquisition of the Buena Vista Mobile Home Park for deed restricted affordable housing. The money was utilized to acquire the site in 2017.The redeveloped Buena Vista Community will have two separate development budgets: one for the mobile home park and one for the proposed apartments. With the State's award of nearly $25 million in Manufactured Housing Opportunity and Revitalization funds, the mobile home park is fully funded. The Housing Authority is continuing to work on the financing plan and funding applications for the apartment building and intends to apply for Preservation & Reinvestment Initiative for Community Enhancement funds in June and tax credits in August. SCCHA also intend to apply for tax credits at the end of August 2024. No additional funding is requested from the City at this time. The formal application is a cost recovery project and the SCCHA has paid the required deposit fee in accordance with the municipal fee schedule for processing of this application. STAKEHOLDER ENGAGEMENT Van Meter Williams Pollack on behalf of SCCHA began the community engagement process in early 2019 but was disrupted by the COVID pandemic. In the Fall of 2022, SCCHA, Van Meter Williams Pollack, and Associated Right of Way Services, Inc. worked with Engage FORA to resume the community engagement process for the redevelopment of the Buena Vista Mobile Home Park). The Housing Authority reports the engagement process included: •4 interactive workshops •resident advisor 1-on-1s •3 property tours •monthly newsletters •on-site tours of a new coach •frequent FAQs •3 resident education sessions •website updates •3 community-building events Through the engagement process, SCCHA reports Buena Vista resident’s having an influence over several aspects of the design, including: •Colors, material, and architectural style •Massing and orientation of the apartment building •The size of the new mobile homes Residents also reportedly stressed the importance of amenities like play areas, a place for a homework club with computers, indoor and outdoor community gathering and event spaces, a dog run, and garden beds. SCCHA reports that during the engagement process, some resident questions and concerns were raised, which the agency states it responded to through written Q&A documents in February, April, May, and June 2023. SCCHA indicates a Townhall meeting was held in April 2023, in addition to one on one meetings and workshops. For residents with very specific questions and circumstances, the SCCHA reports corresponded directly with these households. For some residents, navigating the process has included bringing the Law Foundation, and, in some cases, trusted clergy, into meetings involving housing options and decisions. Additionally, City staff has met with the SCCHA monthly, and at times weekly, to better understand how resident concerns are being addressed and to partner and assist as appropriate. One example of this was staff leveraging its relationship with a local mental health provider that has attended some Buena Vista-related community events and connected with community members to develop relationships and provide support. Public Comments At the Council study session in March 2024, several residents of the mobile home park and interested stakeholders provided comments on the proposed project. Generally, comments focused on the relocation plan and ranged from those interested in having the project approved as soon as possible to improve their existing living condition, to those that felt that the residents’ needs were not being met in under the relocation plan. For example, one resident expressed that they requested a three-bedroom unit in the relocation because their current two-bedroom unit did not provide enough space and were not afforded that option. Another stakeholder expressed that as a current renter they were not provided the opportunity to become an owner in this relocation plan, which deviated from their original expectations. There were also comments generally asking the City to reassess its authority with respect to the portion of the site that would be reviewed by HCD. One commenter asked for the private street to be relocated. At the Architectural Review Board study session in May 2024, two local residents spoke in support of the proposed redevelopment. One resident asked for more clarity on the total number of parking spaces between both parcels, encouraged more clarity on which trees would be removed, asked for reconsideration of the species proposed on the portion of the property subject to HCD purview (specifically discouraging the use of Lombardy Poplar trees). A second stakeholder agreed with the first speaker with respect to trees and expressed that more oak trees should be planted. ENVIRONMENTAL REVIEW Because this project involves federal programs, it must be evaluated under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Under CEQA and NEPA, the project must be considered as a whole, so the City is serving as the lead agency for CEQA, and the Responsible Entity (RE) for NEPA for all aspects of the project (including the mobile homes). The Department of Housing and Urban Development will serve as the lead agency under NEPA. As the RE, the City is responsible for preparing the NEPA evaluation. An Environmental Assessment is currently being prepared in accordance with NEPA and is required to be complete for the release of any federal funds for the project. ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: Proposed 2024 Regulatory Agreements Attachment D: Existing Regulatory Agreement Attachment E: Zoning Code Consistency Analysis Attachment F: Objective Standards Consistency Analysis Attachment G: Project Description and Justification of Waivers Attachment H: Project Plans APPROVED BY: Jonathan Lait, Planning and Development Services Director 10 9 8 7 6 5 4 3 2 1 Cottages Shop115114 107 82 83 84 14 85 113112111 110 109 108 106 105 104 103 63 65 52 4635 4536 4437 19 20 22 23 1086 87 9 24 25 8 21 22 Cottages 89 7 26 5 29 1 31 30 2 3 4 77 78 79 80 81 61 57 59 Office &_Home The Nest Hotel 54 64 53 51 34 38 18 13 12 21 11 88 23 Cottage 27 6 28 Laundry &_Restrooms 40 4239 56 62 102 101 Glass Slipper Hotel 32 48 70 68 67 66 73 72 71 69 49 Comfort_Inn 75 Goodwill_Industries Palo Alto _Commons 74 76 60 50 58 5543 41 33 47 B2 B1 B3 B4 16 17 15 60.0'113.4'60.0'113.4' 60.0' 113.4' 88.4' 39.3' 39.6' 113.4' 64.6' 88.4' 64.6'113.4' 39.6' 39.3' 113.4' 60.0'113.4' 60.0' 63.0'88.0' 39.3' 38.0' 113.0' 113.0' 61.0'113.0' 61.0'50.0' 169.0' 57.9' 169.0' 57.9' 160.0' 49.7' 9.1' 176.7' 34.3' 19.0' 134.7' 108.0' 50.2' 159.0' 31.2'34.3' 50.0' 100.3' 50.0' 100.3' 91.3' 100.3' 71.3' 31.4' 80.3' 5.3'9.1' 49.7' 150.0' 55.0' 159.0' 135.0' 45.0' 106.0' 45.0' 106.0' 45.0' 106.0' 45.0' 106.0'106.0' 21.8' 20.7' 71.6' 26.3' 67.6' 50.0' 114.5' 50.5' 107.2' 50.0' 107.2' 25.4' 25.9' 96.5' 35.9'4.3' 121.6' 2.2' 106.8' 106.0' 50.0' 106.0' 50.0' 106.0' 9.1'18.3'47.3' 39.7' 51.3' 23.1' 32.1' 50.0' 50.0' 128.9' 109.7' 58.0' 130.8' 60.0' 130.8' 60.0' 130.8' 130.8' 60.0' 130.8' 60.0' 130.8' 60.0' 130.8' 60.0' 130.8' 60.0' 130.8' 60.0' 130.8' 60.0' 130.8' 60.0' 65.9' 38.0' 28.3' 77.7' 67.0' 130.8' 6.7' 22.9'58.8' 4.0' 60.5' 29.0' 103.9' 130.8' 62.5' 130.8' 62.5' 130.8' 80.5'130.8' 80.5' 130.8' 72.0'130.8' 72.0' 130.8' 70.0'130.8' 70.0' 130.8' 50.0' 130.8' 50.0' 130.8' 50.0' 31.4' 110.8' 70.0'60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 65.0' 135.0' 65.0' 45.3' 64.8' 32.9' 53.2' 130.8' 82.0' 89.0' 83.7' 60.5' 99.4' 32.1'58.7' 74.8' 22.1' 47.0' 13.0' 126.2' 27.6' 18.6'24.0' 135.0' 38.0'49.0' 20.0' 49.7' 22.1' 55.0' 40.0' 135.0' 115.0' 99.2' 155.0'234.2' 115.0' 234.2' 50.0' 106.0' 50.0' 106.0' 100.0' 106.0' 25.0' 60.5' 58.8' 4.0' 99.4' 9.1'18.3'47.3' 66.2' 105.0' 41.3' 105.0' 80.0' 39.3' 105.0' 41.3' 39.3' 80.0' 66.3'38.0' 39.3' 88.8' 63.0'113.8'61.0'113.8' 61.0'113.8' 107.7' 6.7' 41.3' 66.3' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 105.0' 66.3' 105.0' 105.0' 66.2' 105.0' 66.3' 105.0' 66.3' 105.0' 66.2' 105.0' 66.2' 66.3' 105.0' 66.2' 105.0' 66.3' 105.0' 66.3' 105.0' 66.3' 105.0' 66.2' 105.0' 66.2' 105.0' 66.3' 105.0' 66.3' 105.0' 66.2' 105.0' 66.2' 105.0'105.0' 66.3' 80.0' 39.3' 41.3' 55.7' 92.3' 39.3' 30.7' 117.4'54.0' 117.5' 54.0' 117.4'54.0' 117.6' 54.0' 117.5' 35.3' 127.4' 98.1' 1.9' 110.4' 52.3' 2.7' 117.6' 24.6' 24.9' 110.4' 54.0' 117.4' 54.0' 117.4' 53.0' 117.1' 53.0' 117.2' 55.0' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 220.0' 269.1' 220.4' 268.9' 53.0' 117.0' 53.0' 117.1'56.8' 109.5' 24.9' 33.5' 117.0' 108.3' 125.7'42.1' 109.5' 65.0' 75.0'125.7' 43.0' 105.2' 30.0' 105.1' 30.0' 7.4'11.1'12.6'15.9' 46.6' 37.7' 48.6' 105.1' 105.2' 30.0' 105.3' 30.0' 105.3' 30.0' 105.3' 30.0' 105.3' 40.0'81.7' 15.9' 12.6 ' 11.1'11.4' 26.0'12.8'20.1' 83.0' 58.1' 79.0' 44.0' 83.0' 44.0' 83.0'38.0' 83.0' 38.0' 83.0'44.0' 83.0' 44.0' 83.0'44.0' 83.0' 44.0' 83.0'38.0' 83.0' 38.0' 83.0'54.0' 83.0' 54.1' 83.0' 76.3' 15.9'12.6' 11.1' 9.4' 78.0' 2.0'22.0' 40.0' 22.0'2.0' 78.0' 30.0' 100.0' 28.0' 100.0' 30.0' 100.0' 30.0' 100.0' 30.0' 78.0' 2.0' 22.0' 28.0' 22.0'2.0' 78.0' 9.4' 11.1'12.6'15.9' 76.3' 40.0' 53.0' 83.0' 52.8' 83.0'38.0' 83.0' 38.0' 83.0' 38.0' 83.0' 38.0' 83.0' 55.0' 127.4' 35.2' 107.7' 92.8' 113.0' 60.8'113.0' 61.0' 130.1' 221.7' 224.8' 45.0' 106.0' 45.0' 106.0' 90.0' 106.0' 90.0' 106.0' 53.2' 83.0' 53.0' 83.0'44.0' 83.0' 44.0' 83.0' 38.0' 83.0' 38.0' 83.0' 44.0' 83.0' 44.0' 83.0' 44.0' 83.0' 44.0' 83.0' 54.2' 83.0' 54.0' 83.0' 156.7' 56.0' 140.0' 53.9' 140.0' 34.0' 140.0' 56.0' 110.0' 37.2' 105.0' 13.0'35.0'8.1'9.2' 45.0'10.0'16.9' 16.7' 77.0'23.0'11.4'14.9' 96.5' 48.0' 105.0' 78.0' 26.0' 59.5' 14.9' 31.0' 49.0' 19.0'15.0' 43.0' 15.0'19.0' 49.0' 24.0' 64.0' 24.0' 72.0' 24.0' 72.0' 24.0' 72.0' 13.0' 10.0' 5.0' 64.0' 30.0' 105.0' 30.0' 105.0' 30.0' 105.0' 30.0' 105.0' 30.0' 105.0' 30.0' 105.0' 52.0'11.9' 45.0' 9.2'8.1'35.1' 17.6' 83.0' 44.0' 83.0' 44.0' 83.0' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 146.0' 32.4' 53.9' 134.7' 7.3'.7'5.5' 35.9' 37.9' 150.9 16 78 120 20.2 58.3' 1.8' 99.5' 60.0' 100.0' 40.0' 100.0' 39.5' 100.0' 150.4' 449 161.1' 6.0' 44.4' 146.0' 54.1' 171.8' 50.3' 161.1' 40.0' 13.0' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 11.9' 209.1' 133.0' 18.0'3.0' 158.9' 25.7' 16.4'25.0' 134.7' 43.2' 2.9' 183.1' 16.0' 150.3' 208.8' 150.0' 70.0' 178.0' 50.0' 178.0' 178.0' 100.0' 60.0' 100.0' 60.0' 50.0' 120.0' 50.0' 120.0' 120.0' 50.0' 120.0' 50.0' 120.0' 50.0' 120.0' 50.0' 120.0' 50.0' 120.0' 50.0' 30.9' 109.3' 52.5'89.2' 31.4' 32.4' 113.9' 50.0' 109.3' 50.3' 119.5' 50.0' 113.9' 6.0' 44.4' 119.6' 52.1' 119.5' 52.1' 119.7' 119.6' 50.0'119.7' 50.0'120.0' 52.1' 120.0' 52.1' 1.6'1.3'30.7' 26.8' 100.0' 60.0' 105.0' 105.0' 19.1' 165.6' 55.7' 284.1'284.1' 169.2' 284.1' 169.2' 194.1' 37.2' 110.0'162.1' 15.7' 130.0' 57.7' 99.9' 231.2' 100.3' 209.9' 165.6' 19.1' 135.0'115.0' 125.0' 15.7' 105.0' 120.0' 55.0' 55.0'31.5' 120.0' 50.0' 120.0' 50.0' 120.0' 50.0' 120.0' 50.0' 100.0' 31.4' 30.9' 120.0' 50.9' 203.0' 51.8' 203.0' 203.0' 51.8' 203.0' 203.0' 51.8' 203.0' 220.0' 269.1' 220.4' 268.9' 142.6' 162.6' 177.4' 19.6'18.8' 145.9' 67.8' 34.8' 67.9' 34.9'67.7' 22.8' 67.8' 22.8' 22.8' 67.7' 22.8' 67.7' 22.7' 67.6' 22.8' 67.6'67.6' 34.8' 67.5' 34.8' 67.6' 22.8' 67.7' 22.8' 70.3' 31.1'57.3' 20.4' 18.1'22.7' 70.3' 22.8' 70.3' 22.8' 70.3' 22.8' 70.3' 22.8' 70.3' 22.8' 70.4' 22.8' 82.9' 24.7' 92.9' 24.7' 92.9' 22.8' 102.9' 13.9' 102.9' 21.8' 3.1'16.0' 26.7' 99.0' 117.2' 3.1'16.0'26.7' 43.6' 255.8' 21.0' 9.5'14.3' 6.4' 16.6' .8' 15.7' 15.7'17.2' 1.7' 11.0' 3.8' 16.3' 20.5' 2.2'6.5'5.6'1.3' 133.0' 20.4' 57.3' 20.0' 160.7' 20.0' 57.4' 20.4' 145.8' 4.0'2.2'8.1' 61.9' 16.7'40.9'69.5' 22.7' 70.4' 22.8' 70.4' 5.6'1.3' 23.9' 70.4' 26.5' 31.6' 4.2' 31.9' 31.6' 62.2' 9.5' 14.3'6.4'16.6' 73.7' 4.2' 31.9' 73.7' .8' 15.7' 15.7'17.2' 1.7' 11.1' 3.8' 16.3' 20.5' 2.2'6.5' 27.1' 70.4' 14.1' 20.4' 57.4' 22.7' 70.4' 22.7' 70.4' 22.7' 70.4' 22.8' 70.4' 22.7' 70.4' 22.7' 70.4' 22.8' 70.4' 22.7' 70.4' 22.7' 70.4' 22.8' 70.4' 27.1' 70.4' 18.0'4.0'2.2'8.1' 61.9' 29.4' 69.5' 27.1' 81.4' 22.7' 81.4' 11.5'7.9' 9.9' 82.9' 107.1' 30.3' 45.0' 8.5'37.0'10.0' 5.0' 64.0' 48.0' 8.0' 69.0'38.7' 12.6' 81.2' 85.8' 74.0' 74.0' 100.0' 100.0' 100.0' 100.0' 64.0' 64.0' 64.6' 64.6' 75.5' 138.0' 173.6' 116.0' 116.0' 35.5'10.0' 151.0' 72.6'49.2' 49.2' 138.0' 138.0'138.0' 91.8'91.8' 45.8' 48.0' 50.2' 72.5' 113.4' 113.4'113.4' 113.4'113.4' 56.5' 56.5'61.5' 62.0' 62.0' 42.1' 18.2' 113.2' 90.0' 54.4' 113.8' 61.0' 113.2' 61.5' 61.5' 113.0' 113.0'113.0' 113.0'113.0' 113.0' 60.0' 60.0'61.5' 61.5' 245.0' 245.0' 90.0' 90.0' 57.2'52.0' 11.0' 35.5' 24.0' 20.7' 7.9' 48.6' 48.6' 7.9'20.7'31.6' 20.5' 8.0'8.0' 53.2' 53.2' 20.5'31.2' 20.0' 20.0' 9.1'9.1' 58.0' 58.0' 31.5' 31.4' 31.0' 20.3' 20.3' 8.4'8.4' 59.7' 59.7' 31.8' 31.2' 30.9' 31.9' 21.3' 21.3' 21.0' 21.0' 75.3' 7.8'7.8' 9.8'9.8' 55.6' 55.6' 47.1' 47.1'30.9' 26.5' 16.1'16.7'4.8' 117.2' 30.0' 39.3' 92.2' 81.8' 89.0' 89.0' 89.0'81.8' 36.5' 53.7' 53.7' 42.4' 30.8' 30.4' 24.4'24.4'6.8'6.8'54.0' 54.0' 31.2' 5.6'5.6' 26.0' 26.0' 54.9' 54.9' 87.5' 54.5' 54.5' 27.9' 32.8' 31.1' 32.5'24.8' 24.8' 24.0' 24.0' 7.2'7.2' 6.8'6.8' 18.8'11.4'5.2' 45.0' 8.5'8.0' 54.4'10.0' 11.9' 68.9' 49.2' 47.7' 119.2' 107.1' 19.0' 124.7' 57.4' 57.4'57.4' 57.4' 52.0' 52.0' 116.8' 116.8' 63.9'117.0' 126.2' 49.7' 20.0'49.0' 33.0' 7.6'31.0' 52.9'78.3' 61.4' 36.2' 76.3' 76.3' 28.8'28.8'23.0' 23.0' 77.0' 128.0' 18.2' 52.9' 31.0' 142.4' 51.1' 23.8' 23.8' 87.9' 87.9' 94.3' 94.3' 33.0' 169.0' 106.0'135.0' 106.0' 67.5' 67.5' 67.5' 67.5' 106.0' 106.0' 106.0' 106.0' 75.0' 75.5' 119.0' 119.0' 110.5' 240.0' 184.0' 126.0' 42.6' 76.6' 52.5' 100.5' 155.0' 100.3' 388.0' 392.6' 392.6' 100.5' 100.0' 128.0' 24.5' 357.0' 179.5' 29.8' 179.3' 519.6' 74.2' 59.6 0.8 326.1 47.3' 47.3' 2.2'2.2' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 60.0' 135.0' 130.0' 208.9' 82.6' 108.7' 60.7' 50.35' 48.9' 21.5' 221.7' 581.2' 581.3' 338.9' 338.6' 3948 701 730 736 709 3994 3891 3925 3860 3868 3874 3862 3870 3895 3849 508 510 512 520 3847 3837 4032 4020 703 4052 689 677 672 684 4021 4033 3989 4050 4121 4168 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473 480 407 417 427 437 457 450 475 477 556558 560562 564 566 570 572574 576 578 582 584586 588590 592 557 553 549 545 541 537 533 529 525 521 4101 4105 4117 4121 4125 4126 4110 4113 412241184114 542 577 4106 4100 3896 3872 4062 4068 504 506508 510512 514516 524 526 528 MACLANE WILKIE WAY EL CAMINO WAY EL CAMINO REAL VENTURA AVENUE EL CAMINO REAL EL CAMINO REAL EL CAMINO REAL LA SELVA DRIVE MAGNOLIA DRIVE SOUTH VILLA VERA VILLA REAL (PRIVATE) VILLA VISTA (PRIVATE) LOS ROBLES AVENUE LA DONNA AVENUE CAMPANA DRIVEENCINA GRANDE DRIVE VERDOSA DRIVE VISTA AVENUE WISTERIA LANE VILLA VISTA (PRIVATE) DRISCOLL PLACE CAMPANA DRIVE VERDOSA DRIVE CYPRESS LANE JACOBS COURT (PRIVATE) A D R I V E EL CAMINO REAL EL CAMINO REAL EL CAMINO REAL RM-20 CS PF RM-30 RM-20 RM-20 RM-30 PC-2930 RM-30 PC-5116 PC-4511 CommunityCenter Tennis Court KEYS SCHOOL MIDDLE CAMPUS This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site 0' 219' Attachment A: Location Map CITY OF PALO ALTOINCORPORATED CALI FORNIA P a l o A l t oT h e C i t y o f APRIL 1 6 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2024-02-20 08:18:49 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 1 3 2 6 2 ACTION NO. 2024-__ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 3980 El CAMINO REAL: STREAMLINED HOUSING DEVELOPMENT AND VESTING TENTATIVE MAP [24PLN-00041] At its meeting on _________, 2024, the City Council of the City of Palo Alto (“City Council”) approved the Streamlined Housing Development Review for a 61-unit residential rental development and Vesting Tentative Map for the development of a subdivision to create two lots with 44 residential condominium units on a portion of the resulting lot, making the following findings, determinations and declarations: SECTION 1. Background. A. On February 15, 2024, Santa Clara County Housing Authority (SCCHA) applied for a Streamlined Housing Development Review application for a 61-unit residential rental development, including the following density bonus waivers and concessions in accordance with state density bonus law: •Density Bonus: 80% increase in density from 20 du/ac to 36 du/ac •Concession 1: Façade Breaks •Concession 2: Ground Floor Unit Direct Connection to Path or Common Open Space •Concession 3: Percentage of Frontage Dedicated to Utilities and Parking •Concession 4: Private Open Space (None where 50 sf per unit is required) •Waiver 1: Floor Area Ratio (1.01:1 where 0.5:1 is allowed) •Waiver 2: Height (37 feet where 30 feet is allowed) •Waiver 3: Site Open Space (24% where 35% is required) •Waiver 4: Tree Canopy Cover in Parking Lot •Waiver 5: Reduction in Street Trees •Waiver 6: Street width (28 feet where 32 feet is required) B. On April 30, 2024, SCCHA applied for a Vesting Tentative Map for the development two subdivide one (1) existing 4.5 acre lot into two parcels (1.69-acres and 2.81 acres ) and for a 44 unit condominium subdivision of the 2.81-acre lot , including a density bonus waiver from street width requirements to permit a minimum 28-foot wide private street. (“The Project”). C. The project site is comprised of one existing lot (APN No. 127-11-103) of approximately 4.5 Acres (196,020 sf). The site contains a multi-family development with seventy-nine (79) residential units, seventy-five (75) of which are occupied. Single family residential uses abut the site to the north. Multi-family residential units abut the site to the west, and across Los Robles Avenue to the South. Commercial uses abut the site to the east along El Camino Real. 2 3 2 6 2 D. Following submittal of the application, Council held a study session on March 4, 2024 to provide early input on the proposed development and to provide an opportunity to hear comments from the public. E. Following staff review, the Architectural Review Board reviewed the project at a study session on May 2, 2024, to provide feedback on the design. F. Following the Architectural Review Board hearing, the applicant resubmitted revised plans on May 29, 2024. G. Following staff review of the Vesting Tentative Map, the Planning and Transportation Commission reviewed the project and recommended approval on _____, 2024, subject to conditions of approval. H. On June 18, 2024 the City Council held a duly noticed public meeting, at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures. I. On ___________, 2024 the City Council held a duly noticed public meeting at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures SECTION 2. Environmental Review. The City, acting as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15332, which provides an exemption for infill development projects. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division. Section 3. Streamlined Housing Development Review. The design and architecture of the proposed improvements, as conditioned, complies with the Streamlined Housing Development Project Review Process Findings as required in Chapter 18.77.073 of the PAMC. Neither the Director, nor the City Council on appeal, shall approve an application unless it is found that: Finding #1: The application complies with all applicable and objective standards in the Comprehensive Plan, the Palo Alto Municipal Code, and other City plans or policies. The proposed project complies with all applicable and objective standards in the Comprehensive Plan and the Palo Alto Municipal Code as detailed in the staff report and in Attachments D, Zoning Consistency, and E, Objective Standards Consistency, except where waivers or concessions are requested pursuant to state density bonus law. In accordance with The Housing Accountability Act as set forth in California Government Code 65589.5(j)(3), the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not 3 3 2 6 2 in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. Therefore, for the project is compliant with the objective standards. A summary of the project’s consistency with the Comprehensive Plan is provided in this table. The project is required to comply with the Comprehensive Plan to the extent that the requirements are objective. Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Multi-family Residential which allows for densities ranging from 8 to 40 units per acre The project adheres to the Comprehensive Plan by providing multi-family housing on a multi- family use site. The proposed density is 36 units per acre which is consistent with this comprehensive plan land use designation. Housing Element Policy 4.3 Implement development standards, objective design standards, and architectural and green building standards that encourage new high-quality rental and ownership housing. The project complies with the implemented standards except where requests for waivers or concessions in accordance with state density bonus law is provided. The project provides the necessary upgrades to deteriorating infrastructure on the site and updates to the units to provide new high-quality rental and ownership units while maintaining the affordability level. Land Use and Community Design Element Policy L-2.8: When considering infill development, work to minimize the displacement of existing residents The project is an infill project. A full relocation plan has been presented to all tenants and creates options for ownership or rental. The project replaces more units than it removes. Policy L-9.2 Encourage development that creatively integrates parking into the project, including by locating it behind buildings or underground wherever possible, or by providing for shared use of parking areas. Encourage other alternatives to surface parking lots that minimize the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. While the project proposes surface parking, the parking is located at the side of the building and is not located between the building and the street. The frontage is still provides a sidewalk and bike lane and provides street trees and other greenery along the frontage. Policy L-9.4 Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation. The project includes a new sidewalk and street trees as well as new bicycle parking within the project setback area that promotes active transportation. This improves the current design, which provides parking along the project frontage and does not include a sidewalk. Transportation Element 4 3 2 6 2 Policy T-3.7 Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, outdoor furniture, art and interesting architectural details. The project includes direct connections to the sidewalk that help to activate the frontage along Los Robles Avenue in addition to new street trees and plantings. Policy T-3.9 Support citywide sustainability efforts by preserving and enhancing the tree canopy where feasible within the public right-of- way, consistent with the Urban Forest Management Plan, as amended. The project meets the tree canopy replacement requirements through on site planting. The project includes removal of two trees and replaces with 24 new trees where 7 24-inch box trees are required in accordance with the canopy replacement requirements. Finding #2: Approving the application will not result in a specific, adverse, impact upon the public health or safety, which cannot feasibly be mitigated or avoided in a satisfactory manner. As used in this Section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The proposed project would not result in a specific, adverse, impact upon public health or safety. The project complies with all applicable safety requirements with respect to fire safety for the building itself (e.g. ladder access, sprinklers) as well as emergency vehicle access to the site. The project also does not introduce any new changes to streets (e.g. new curves in a roadway) or impacts to line-of-sight that would create a safety hazard. SECTION 4. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is consistent with the Comprehensive Plan as described below. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: There is no adopted specific plan for this project site. The proposed vesting tentative map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi-family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The proposed density (36 DU/AC) is consistent with the allowable density (20 to 40 DU/AC) in the multi-family land use designation as outlined in the Land Use Element. The project replaces 79 existing residential ownership and rental units with 6f1-residential rental units and 44 residential ownership units. The project would be 100% affordable with 40% of units provided at a rate affordable to households earning 30% of Area Median Income (AMI), 40% of the units provided at a rate affordable to households earning 50% AMI and the remaining 20% provided at a rate affordable to households earning 80% AMI. The project improves the city’s jobs 5 3 2 6 2 housing imbalance consistent with the Transportation Element’s goals and policies. 3. That the site is not physically suitable for the type of development: The Project site is suitable for multi-family residential development in that it’s located within the multi-family zone district on a site designated on the City’s Land Use Map for multi-family use. The proposed resulting parcels meet the minimum code requirements for the RM-20 zone district with respect to lot area, width and depth. The proposed number of condominium units for one of the two parcels complies with the applicable densities set forth in the land use element. 4.That the site is not physically suitable for the proposed density of development: The proposed development of both parcels would create a total of one-hundred and five (105) multi-family residential units which is 23 dwelling units (DU) per acre (total project site is 4.5 acres). This density complies with the minimum and maximum allowable residential density as calculated for the total site area under the comprehensive plan (20-40 DU/acre = 90-180 DU). The newly created parcel for the rental units would have a density that exceeds the maximum allowable density for the zoning (20 DU/AC) in accordance with state density bonus law (Assembly Bill 1763) which allows for increased density based on the percentage of BMR units (80% of the base project) and their affordability level. Building, Palo Alto Fire Department, Planning, Transportation, Zero Waste, and Public Works Engineering have reviewed the requested density bonus waiver to permit a minimum 28-foot street width to ensure that all necessary requirements for safety, including but not limited to, fire safety and traffic safety (e.g. curb cut location, turning radius, etc.) have been met as well as to ensure that the street allows for proper function of the site (e.g. trash pickup). 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The project is located within the built environment that does not contain quality habitat for fish or other wildlife on the site or within the vicinity of the site. An easement along the project frontage contains Barron Creek within an existing underground culvert pipe. An encroachment permit from Valley Water is required as a condition of approval of the project to ensure that the proposed work does not impact the existing infrastructure. The adopted Palo Alto 2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and plant species within the Palo Alto quadrangle, a large geographic area that includes the urban portions along the bay and within the foothills, based on information in the California natural Diversity Database (CNDDB). Based on this map, and the urban nature of the site, the subject property does not contain any habitat for endangered, rare, or threatened species and has not historically supported any of these species. 6 3 2 6 2 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The subdivision of this parcel and associated improvements would not have the potential to result in serious health problems. The proposed multi-family use would not include use or storage of hazardous materials and the use is located within the urban environment adjacent to other residential uses. The site is not located on a hazardous waste site pursuant to government code 65962.5. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public easements for access through, or use of, the property. Existing public utility easements would be vacated and new public utility easements created as part of the mapping process to reflect modifications to the location of utility infrastructure. A new public access easement would be granted over a portion of the frontage for public access on the proposed new sidewalk. An existing Valley Water easement would be maintained along the frontage and any temporary or permanent improvements within that area requires an encroachment permit from valley water prior to building permit issuance. SECTION 5. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 8 of this Record of Land Use Action. SECTION 6. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by Sandis Engineering titled “____________,” consisting of _____pages, stamped as received_______, 2024, except as modified to incorporate the conditions of approval in Section 6. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). 7 3 2 6 2 SECTION 7. Conditions of Approval Streamlined Housing Development Review. PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "Buena Vista Commons 3980 El Camino Real, Palo Alto, CA 94306” stamped as received by the City on June 3, 2024 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary. Landscaping along the rear lot line between the project and single-family residential uses shall be planted at a minimum height of 8 feet and maintained as a landscape screen for the life of the project in accordance with the code requirements for objective standards. 6. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 7. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified music shall be used for producing sound in or upon any open area, to which the public has access, between the hours of 11:00pm and one hour after sunrise. 8.NOISE REPORT AT BUILDING STAGE. An analysis of the proposed project’s compliance with the City’s noise requirements for the proposed HVAC was prepared as part of the documentation to support a Class 32 categorical exemption. At the time of building permit issuance for new construction or for installation of any such mechanical equipment, if the proposed equipment exceeds the anticipated noise level that was analyzed or is proposed in a location that is closer to the property line, the applicant shall submit an acoustical analysis by an acoustical engineer demonstrating projected compliance with the Noise 8 3 2 6 2 Ordinance. The analysis shall be based on acoustical readings, equipment specifications and any proposed sound reduction measures, such as equipment enclosures or insulation, which demonstrate a sufficient degree of sound attenuation to assure that the prescribed noise levels will not be exceeded. 9. VALLEY WATER ENCROACHMENT PERMIT. An encroachment permit is required prior to any temporary work or permanent improvements within Valley Water’s easement. The project shall comply with any and all requirements of the encroachment permit. 10. PUBLIC ACCESS EASEMENT. A public access easement shall be required for the proposed sidewalk on private property. This may be dedicated through separate instrument and documented on the tentative map and final map or it may be recorded through the subdivision map process. 11. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs, if proposed, shall conform to the requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the Director of Planning. 12. STANDARD REQUIREMENTS FOR UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL RESOURCES. No known archeological resources are present on or within the immediate vicinity of the site. However, as noted in the project description and per the City’s standard conditions, in the unlikely event that an archeological resource is unearthed during ground disturbing activities, work in the immediate area should be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is Native American in origin, then a Native American representative should also be contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the Native American representative, shall examine the find and make recommendations regarding additional work necessary to evaluate the significance of the find and the appropriate treatment of the resource. Recommendations could include, but are not limited to, invasive or non-invasive testing, sampling, laboratory analysis, preservation in place, or data recovery. A report of findings documenting any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to the Director of Planning. 13. STANDARD REQUIREMENTS FOR THE PROTECTION OF NESTING BIRDS. As detailed in the project description and per the City’s standard conditions, vegetation or tree removal shall be prohibited during the general avian nesting season (February 1 – August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site no more than 14 days prior to scheduled vegetation clearance and/or demolition activities. If nesting birds are found to be present, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for 9 3 2 6 2 raptors) as determined appropriate by the biologist, shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). 14. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the two trees proposed to be removed is required in accordance with Chapter 8 of the municipal code and the City’s Tree Technical Manual. 15. REFUSE. All trash areas shall be covered and maintained in an orderly state within private garages to prevent water from entering into the garbage container. No outdoor storage is allowed/permitted except when brought out to the street for pickup as shown in the plan set. Trash areas shall be maintained in a manner to discourage illegal dumping. 16. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a state density bonus project and is subject to a tri-party regulatory agreement between the City of Palo Alto, County of Santa Clara, and Santa Clara County Housing Authority. The project shall conform to the approved regulatory agreement, which shall be recorded prior to issuance of building permit or final map, whichever occurs first. All BMR units constructed under this condition shall be in conformance with the City’s BMR Program rules and regulations. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 17. RENTER PROTECTIONS. The project is subject to the renter protection requirements set forth in PAMC Section 9.68.050. The applicant shall implement the relocation for existing residents in accordance with the proposed relocation plan as guaranteed in Section 5 of the regulatory agreement, which meets or exceeds these City requirements. 18. ESTIMATED IMPACT FEE. Because the housing is a 100% affordable housing project, development impact fees, citywide transportation impacts fees, and public art in private development fees, do not apply. 19. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of two years from the date of issuance of the entitlement. If within such two-year period, the proposed use of the site or the construction of buildings has not commenced, the Planning entitlement shall expire. Application for a one-year extension of this entitlement may be made prior to expiration. 20. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Claire Raybould at Claire.Raybould@cityofpaloalto.org to schedule this inspection. 10 3 2 6 2 21. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC WORKS ENGINEERING 22. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENT. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms- and-Permits 23. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS. Developer shall familiarize themselves with the guidelines described in the November 2007 revision of the document titled “Overview and Guidelines for the Review of Subdivision Projects”. Particularly Section II (items 5 through 12) and Section V (items A through C). https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/current-planning/forms-and-guidelines/overview-and-guidelines- for-the-review-of-subdivision-projects.pdf 24. MAP THIRD-PARTY REVIEW. The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated therein, which is based on the complexity of the map. 25. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 26. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Add the following note: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” 27. GEOTECHNICAL ENGINEER STATEMENT. The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS 11 3 2 6 2 BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”. 28. LOGISTICS PLAN. A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. 29. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 30. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 31. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. 32. Submit the following as part of the building permit application: a. Stamped and signed C.3 data form (April 2023 version) from SCVURPPP. https://scvurppp.org/wp-content/uploads/2023/04/SCVURPPP-C.3-Data-Form- _-updated__4-12-2023_clean_fillable.pdf b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 33. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit final. 34. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 12 3 2 6 2 WASTE-GAS-WATER UTILITIES 35. UTILITY DISCONNECT. Prior to issuance of a demolition permit the applicant shall submit a request to disconnect utility services and remove meters. The utilities demo is to be processed within 10 working days after receipt of the request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. 36. SERVICE CONNECTION APPLICATION. At the time of building permit application the applicant shall submit a completed water-gas-wastewater service connection application - load sheet for the City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., fire in g.p.m., and sewer in fixture units/g.p.d.). The applicant shall provide the new loads and the combined/total loads. Show on the plans by adding a text note: THIS IS AN “ALL-ELECTRIC” BUILDING PROJECT NO NEW GAS SERVICE OR GAS HOOKUPS WILL BE INSTALLED. 37. UTILITY IMPROVEMENT PLANS. At the time of building permit application the applicant shall also submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities, especially storm drain pipes, and electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas. 38. AUXILIARY WATER SUPPLY. On the building permit and relevant utility applications, the applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc.). 39. UTILITY LATERALS AND MAINS. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services/laterals. 40. RPPA. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans. 13 3 2 6 2 41. RPDA. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD-12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City’s fire service, within 5’ (feet) of the property line or City Right of Way. 42. BACKFLOW PREVENTER. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 43. CAPACITY FEES. Prior to building permit issuance, the applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 44. FIRE WATER LATERAL. A new water service line installation for fire system usage is required. Show the location of the new water service on the building permit plans. The applicant shall provide the engineering department with a copy of the plans for the fire system including all fire department's requirements. 45. METERS. Each unit or building shall have its own water meter shown on the plans. Each parcel shall have its own water service and sewer lateral connection shown on the plans. 46. SEWER LATERAL. A new sewer lateral is required, and a profile of the sewer lateral is required showing any possible conflicts with electric/communications duct banks or other utilities. 47. WATER LATERAL. All existing water and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 48. SEPARATION. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10’ of existing trees. Maintain 10’ between new trees and new water and wastewater services/laterals/meters except as otherwise approve in conjunction with utilities and urban forestry, including as shown on the approved plans. 14 3 2 6 2 49. COPY OF PLANS. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for the fire system including all fire department's requirements prior to the actual service installation. 50. UTILITY INSTALLATIONS. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater PUBLIC WORKS ELECTRIC UTILITIES 51. UTILITY EASEMENT REQUIRED. Prior to energization, a public utility easement is required to provide access to the proposed transformers. This can either be provided through separate instrument and documented on the tentative and final map or dedicated through the tentative and final map process. 52. UTILITIES APPLICATION. Changes to existing electric utilities equipment on site, such as the transformer, will require a utilities application. Submit a utilities application and obtain City of Palo Alto Utilities Electrical Engineering approval for the modifications to the electrical system. 53. UTILITY DISCONNECT. The applicant shall submit a request to disconnect all existing utility services proposed for removal, including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and, as applicable, removed. 54. UTILITIES SHOWN ON LANDSCAPE PLANS. All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials. In addition, all aboveground equipment shall be screened in a manner that is consistent with the building design and setback requirements. 55. PERMIT. Contractors and developers shall obtain permit from the Department of Public Works before digging in the street right-of-way. This includes sidewalks, driveways and planter strips. 56. UNDERGROUND SERVICES ALERT. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be checked for underground facility marking shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete. 57. CITY STANDARDS. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. 15 3 2 6 2 PUBLIC WORKS ZERO WASTE 58. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction. 59. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail info@thereusepeople.org. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit. 60. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction. PUBLIC WORKS WATER QUALITY 61. Stormwater Best Management Practices (BMPs) associated with refuse management (including actions related to refuse pick-up and the enclosure itself) shall be followed to ensure pollution prevention and preventing potential discharges to the City’s storm drain system. Stormwater BMPS include, but are not limited to, power washing the pavement on both the private property and in the right-of-way and sidewalk a minimum of once per year before the wet season begins on October 1st; utilizing a power washing contractor that is a Recognized Surface Cleaner by the Bay Area Stormwater Management Agencies Association (BASMAA); disposing of wash water according to the Recognized Surface Cleaner certification requirements; and removing any potential trash build-up on a regular basis. PUBLIC WORKS URBAN FORESTRY 62. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include a. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City’s full- sized, Sheet T-1 (Tree Protection-it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant 16 3 2 6 2 shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. b. The Tree Preservation Report (TPR). All sheets of the Applicant’s TPR approved by the City for full implementation by Contractor shall be printed on numbered Sheet T-1 (T- 2, T-3, etc) and included in the sheet index for the plans submitted for building permit. 63. PLANS--SHOW PROTECTIVE TREE FENCING. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show Type I or Type II fencing around each Regulated Trees, using a bold dashed line enclosing the Tree Protection Zone as shown on Standard Dwg. #605, Sheet T- 1, and the City Tree Technical Manual, Section 6.35-Site Plans; or using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. 64. SITE PLAN REQUIREMENTS. The following notes shall be included on the site plan for the plans submitted for building or grading permits: i. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans”. ii. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree--before working in this area contact the Project Site Arborist at 650-654-3351"; iii. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” iv. Note #4. “Basement or foundation plan. Soils Report and Excavation for basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be necessary) in order to avoid over-excavating into the tree root zone. Any variance from this procedure requires Urban Forestry approval, please call (650) 496- 5953.” v. Note #5. “Pruning Restrictions. No pruning or clearance cutting of branches is permitted on City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650-496- 5953) for any work on Public Trees” 62. TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance, a written verification from the contractor that the required protective fencing is in place shall be submitted to the Building Inspections Division. The fencing shall contain required warning sign and remain in place until final inspection of the project. DURING CONSTRUCTION 17 3 2 6 2 63. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 64. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 65. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 66. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 67. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. POST CONSTRUCTION 68. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2008 or current version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. 18 3 2 6 2 SECTION 8. Conditions of Approval Vesting Tentative Map. Planning 1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled “Vesting Tentative Map 739 Sutter Avenue For Condominium Purposes City of Palo Alto, California”, prepared by BKF Engineers and submitted February 23, 2024, except as modified to incorporate the conditions of this approval. 2. DENSITY BONUS UNITS. The project seeks a waiver of the minimum street width requirements to permit a minimum 20-foot wide private street. In order to qualify for a waiver from this development standard the project shall provide a minimum of two (2) dwelling units at rates affordable to low income households, as defined in Section 50093 of the Health and Safety Code. 3. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 4. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto’s Municipal Code provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R’s. a. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City’s Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties 19 3 2 6 2 three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. f.TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL. Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney. i. CITY’S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. j. NO WAIVER OF CITY’S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective. 20 3 2 6 2 k. CITY’S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City’s failure to exercise any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy. l. SEVERABILITY. Invalidation of any one of the City’s required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. ADDITIONAL CC&R REQUIREMENT. The CC&Rs shall also include a provision that dictates the responsibilities of tenants for the trash pickup for the townhomes as shown in the approved plan set. 6. FINAL MAP EXPIRATION. A Final Map, in conformance with the approved Vesting Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City of Palo Alto and its representatives, shall be filed with the Planning Division and the Public Works Engineering Division within two years of the Vesting Tentative Map approval date or this approval will expire. A one-year extension may be granted in accordance with the allowances set forth in the municipal code. 7. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision prior to issuance of the building permit(s), as detailed in the Streamlined Housing Development Review Approval. 8. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Public Works Engineering 9. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering- Services/Forms-and-Permits 10. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS. Developer 21 3 2 6 2 shall familiarize themselves with the guidelines described in the November 2007 revision of the document titled “Overview and Guidelines for the Review of Subdivision Projects”. Particularly Section II (items 5 through 12) and Section V (items A through C). https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/current-planning/forms-and-guidelines/overview-and- guidelines-for-the-review-of-subdivision-projects.pdf 11. MAP THIRD-PARTY REVIEW. The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated therein, which is based on the complexity of the map. 12. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 13. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Add the following note: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” 14. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”. 15. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 16. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. SECTION 9. Terms of Approval. 22 3 2 6 2 1. Streamlined Housing Development Review. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect. 2. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Vesting Tentative Map approval, the Vesting Tentative Map shall expire and all proceedings shall terminate. An extension of time may be granted by the city council after recommendation of the planning commission, upon the written application of the subdivider, prior to the expiration of the Vesting Tentative Map approval, or any previous extension granted. Such extension(s) shall be subject to the maximum limitations set forth in the Subdivision Map Act. // // // // // // // // // // // // // // // // // 23 3 2 6 2 INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ___________________________ ___________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services PLANS AND DRAWINGS REFERENCED: Those plans prepared by Van Meter Williams Architects titled “Buena Vista Commons 3980 El Camino Real, Palo Alto, CA 94306” consisting of 94 pages, dated and submitted May 31, 2024. Those plans prepared by Sandis Engineers titled “Vesting Tentative Map for a Two Lot Subdivision, 3980 El Camino Real” ,” consisting of _____ pages, dated __________,2024 and submitted ________, 2024. Attachment C Proposed 2024 Regulatory Agreements for Buena Vista This attachment contains 2 Proposed Regulatory Agreements for Council Consideration: 1. Proposed 2024 Regulatory Agreement for Buena Vista Mobile Homes 2. Proposed Regulatory Agreement for Buena Vista Apartments Proposed 2024 Regulatory Agreement for Buena Vista Redeveloped Park (Mobile Homes) 4889-3884-7902 v9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Santa Clara County San Jose, CA 95110 Attention: __________ EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s use. APN: ___________ AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Redeveloped Park) by and among POCO WAY HDC, INC., THE CITY OF PALO ALTO, and THE COUNTY OF SANTA CLARA 2 This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (Redeveloped Park) (this “Agreement”) is entered into effective as of ______________, 2024 (“Effective Date”) by and among Poco Way HDC, Inc., a California nonprofit public benefit corporation (“Owner”), the City of Palo Alto, a chartered city and municipal corporation (“City”), and the County of Santa Clara, a political subdivision of the State of California (“County”). The City, the County, and the Owner are collectively referred to herein as the “Parties.” RECITALS A. Owner is the owner of the real property located at El Camino Real and Los Robles Road in the City of Palo Alto, Santa Clara County, California, commonly known as the Buena Vista Mobile Home Park, known as Assessor’s Parcel Nos. 137-12-001, 137-11-102 (ptn), 137-11-071 (ptn) (the “Park”). The property comprising the Park has been subdivided to create two parcels. The subject of this Agreement is the parcel described in Exhibit A attached hereto and incorporated herein by reference (the “Property”). The adjacent second parcel is referred to herein as the “Apartment Parcel.” Owner intends to upgrade the Property and continue its use as an affordable mobilehome park consisting of forty-four (44) Mobilehome Spaces and related improvements (the “Redeveloped Park”). Owner intends to cause an affordable apartment development to be constructed on the Apartment Parcel (the “Apartment Project”). B. The City, the County, and Santa Clara County Housing Authority, a public body corporate and politic (“Authority”) each contributed certain funds to finance the acquisition and improvement of the Property and the adjacent property (the “Financing”). In consideration for the Financing, the Parties have agreed that the Property will be owned, operated and maintained subject to a recorded restriction that requires Owner and its successors in interest to use the Property as an affordable housing resource, to enhance the habitability of the Property, and to avoid displacement of the persons who currently reside in the Park. C. The purpose of this Agreement is to satisfy the foregoing requirements, the requirements of Notice PIH-2011-45 (HA) published by the U.S. Department of Housing and Urban Development (“HUD”) that apply to housing authorities participating in the Moving to Work demonstration program, and those additional conditions required by the City and County in connection with the Financing. D. This Agreement replaces and supersedes in its entirety that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 29, 2017, executed by and among the City, the County, and the Authority, and recorded in the Official Records of Santa Clara County on September 29, 2017 (the “Original Acquisition Date”) as Instrument No, 23766007. E. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns for the full term of this Agreement. 3 NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the above Recitals into the Agreement and hereby agree as follows. 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement. “Actual Household Size" means the actual number of persons in the applicable household. “Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with the Santa Clara County Housing Authority’s Housing Quality Standards (HQS) and 24 CFR 982.401 (i.e., assumed household size of two (2) persons per bedroom). "Affordable Rent" means the following amounts, less the following (i) a utility allowance, (ii) Mortgage Payments and property taxes, assessments, and insurance premiums payable by the Resident Household for the Mobilehome, and (iii) other fees and charges required to be paid by Resident Households on a non-optional basis in connection with the rental or lease of a Mobilehome or Mobilehome Space: (i) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of not more than thirty (30%) of AMI (“30% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of greater than 30% AMI, but not more than fifty percent (50%) of AMI (“50% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (iii) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of greater than 50% AMI, but not more than eighty percent (80%) of AMI (“80% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of eighty percent (80%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit; and (iv) for Mobilehomes/Mobilehome Spaces occupied or reserved for occupancy by households with incomes of greater than 80% AMI, but not more than one hundred twenty percent (120%) of AMI (“120% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of one hundred twenty percent (120%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. “Applicable Law” means all local, State, and federal laws, rules and regulations that apply to the Property or the Redeveloped Park, including without limitation all laws, 4 rules and regulations that apply pursuant to financing provided for development or operation of the Property or the Redeveloped Park. "Area Median Income" or "AMI" means the median income for Santa Clara County, California, adjusted for Actual Household Size, as determined by the U.S. Department of Housing and Urban Development (“HUD”) pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). “Authority” means the Santa Clara County Housing Authority, a public body corporate and politic. “Eligible Household” means a household whose Gross Household Income at initial occupancy does not exceed eighty percent (80%) of Area Median Income. “Existing Residents” means households that were lawfully residing in the Park as of the Effective Date. “Fiscal Year” means the reporting period commending on January 1 and ending on December 31 of any year. “Government Code” means the Government Code of the State of California. “Gross Household Income” means the total anticipated annual income of all persons in a household, as calculated in accordance with Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time, or pursuant to a successor State or federal housing regulation that utilizes a reasonably similar method of calculation of household income. “Income Certification” is defined in Section 2. “Mobilehome” means a mobilehome, manufactured home, park model RV, or other dwelling unit located on the Property. “Mobilehome Space” means a space located on the Property upon which a Mobilehome is placed. “Mortgage Payment” means the monthly principal, interest, and mortgage insurance premiums (if any) payable by a Resident Household for a mortgage on a Mobilehome occupied by the Resident Household. To qualify as a Mortgage Payment for the purpose of establishing Affordable Rent, any new or additional mortgage, including any refinancing of an existing mortgage must be approved by Owner or Owner’s agent. “MPA” means the Mobilehome Park Act, California Health and Safety Code sections 18200 et seq. and related regulations, as amended or its successor. 5 “MRL” means the Mobilehome Residency Law, California Civil Code sections 798 et seq, and related regulations, as amended or its successor. “Rent” means the total of monthly payments payable by a Resident Household for the use and occupancy of a Mobilehome and/or a Mobilehome Space. “Resident Household” means a household that resides in a Restricted Unit. “Restricted Units” means the forty-four (44) Mobilehomes and Mobilehome Spaces in the Redeveloped Park that are subject to rent and income eligibility restrictions pursuant to this Agreement. “Term” is defined in Section 2.1. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that throughout the Term, the Property shall be used solely for the operation of affordable housing in compliance with the requirements set forth in this Agreement. 2.1 Affordability Requirements. Subject to Section 2.11, for a term of seventy- five (75) years commencing upon the Effective Date (the “Term”), subject to Sections 2.4 and 2.8, all Restricted Units shall be restricted for occupancy at Affordable Rents by Eligible Households. When Mobilehomes/Mobilehome Spaces become vacant, they shall be rented to Eligible Households to satisfy the following distribution among affordability levels: (a) no less than eighteen (18) Mobilehomes/Mobilehome Spaces (i.e., 40% of the Restricted Units) shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than thirty percent (30%) of AMI adjusted for Actual Household Size, (b) no less than eighteen (18) additional Mobilehomes/Mobilehome Spaces (i.e., 40% of the Restricted Units) shall occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than fifty percent (50%) of AMI adjusted for Actual Household Size, and (c) the remainder of the Restricted Units shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than eighty percent (80%) of AMI adjusted for Actual Household Size. The Parties agree to meet and confer regarding potential modifications to the requirements set forth in this Section 2.1 if Owner demonstrates that such modification is necessary to maintain the financial feasibility of the Redeveloped Park. City and County agree to consider such requests in good faith, and will not unreasonably deny consent if Owner demonstrates that the modification is necessary for financial feasibility. 2.2 Increases in Household Incomes; Filling of Vacancies. If, upon annual recertification of Gross Household Incomes, Owner determines that the requirements in Section 2.1 are not satisfied, Owner shall offer the next available vacant Mobilehome/Mobilehome Space(s) to households of the appropriate income categories until the requirements of Section 2.1 are satisfied. 6 2.3 Other Restrictions. Notwithstanding anything to the contrary contained in this Agreement, if lenders, investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed by this Agreement, the requirements of such other lenders, investors or regulatory agencies, including without limitation, the requirements associated with tax-exempt financing, if applicable, shall prevail. 2.4 Existing Residents. Notwithstanding anything to the contrary contained in this Agreement, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income shall be permitted to rent or lease a Mobilehome or Mobilehome Space at an Affordable Rent until: (a) the household voluntarily vacates the Mobilehome/Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the MRL, the lease agreement and Applicable Law. Furthermore, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Mobilehome or Mobilehome Space or until: (a) the household voluntarily vacates the Mobilehome/Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the MRL, the lease agreement and Applicable Law; provided however, upon written notice in accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent; provided however, in no event shall any annual rent increase exceed ten percent (10%) over the rent charged to such household in the immediately preceding twelve (12) month period. 2.5 Income and Occupancy Certification. Owner or Owner’s authorized agent shall obtain from each Resident Household prior to initial occupancy of a Restricted Unit, and annually thereafter, a completed income and occupancy certification (“Income Certification”) setting forth the identity of each household member and the total Household Gross Income. 2.6 Annual Income and Occupancy Certification Requirement. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to annually provide an Income Certification to Owner, and that failure and/or refusal to provide such Income Certification will be considered a breach of the lease or rental agreement, and may result in the loss of the right to occupy a Mobilehome/Mobilehome Space in the Redeveloped Park. 2.7 Verification of Income and Occupancy Certification. For the initial and the annual Income Certifications, Owner shall verify each Resident Household’s income by requesting and reviewing such verification and documentation as Owner may reasonably require, which may include: (i) pay stubs for the most recent four (4) consecutive pay periods; (ii) if self-employed, Tax Form 1040, including Schedule C and other attachments from the prior year, (iii) an income verification form from the Social Security Administration and/or the California Department of Social Services if Resident 7 Household members receives assistance from either of such agencies; (iv) history of the last 12 months of child support payments, if any, (v) if anyone in the Resident Household is unemployed, a form of independent verification; and (vi) the most recent of any and all bank account statements and/or any other financial account statements. 2.8 Increased Income of Household After Recertification. (a) If the Gross Household Income of a Resident Household is determined to have increased to be more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Mobilehome or Mobilehome Space on the Property at Affordable Rent until: (a) the household voluntarily vacates the Mobilehome or Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the MRL, the lease agreement and Applicable Law. (b) If the Gross Household Income of a Resident Household is determined to have increased to be more than one hundred and twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Mobilehome or Mobilehome Space on the Property until: (a) the household voluntarily vacates the Mobilehome or Mobilehome Space, or (b) the tenancy is terminated consistent with the requirements of the lease agreement, the MRL, and Applicable Law; provided however, upon written notice in accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.9 Notice of Rent Increase or Decrease. Each Resident Household shall be provided with notice of Rent increases or decreases consistent with the requirements set forth in the lease agreement and Applicable Law. 2.10 Intentionally omitted. 2.11 Vacancies. The Parties acknowledge and agree that notwithstanding any contrary provision of this Agreement, when a Mobilehome/Mobilehome Space is vacated, Owner shall have discretion to rent or sell the vacated Mobilehome to an Eligible Household. 3. Occupancy Requirements. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to occupy their Mobilehome as their principal place of residence, and shall not be permitted to rent out their Mobilehome or sublease their Mobilehome or Mobilehome Space except as permitted under the MRL, the lease agreement and Applicable Law. 4. Construction of Improvements. Owner shall obtain all necessary permits and approvals for development of the Property and the Redeveloped Park, as required by Applicable Law, local zoning, and other applicable regulations. 8 5. Relocation. Persons residing on the Property as of the Effective Date shall not be displaced before suitable replacement housing is available. Owner or Owner’s agent shall be solely responsible for ensuring that all such persons receive all notices, benefits and assistance to which they are entitled in accordance with California Relocation Assistance Law (Government Code Section 7260 et seq.); Government Code sections 65863.7 and 65863.8; MPA section 798.56, the State and local regulations implementing such laws, and all other applicable local, State and federal laws, regulations and policies, including but not limited to the Uniform Relocation Act (42 U.S.C. §4601 et seq.) and implementing regulations (collectively “Relocation Laws”) relating to the displacement and relocation of eligible persons as defined in such Relocation Laws. All costs incurred in connection with the temporary and/or permanent displacement and/or relocation of occupants of the Property, including without limitation payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by Owner. County and City shall have no responsibility for payment therefor. 6. Owner’s Reporting Obligations to the City and County. 6.1 Annual Report. Within sixty (60) days following the close of each Fiscal Year, Owner shall submit to the City and the County a report (“Annual Report”) that includes the following information for each Restricted Unit: (a) the unit number, (b) the number of bedrooms in the Mobilehome Home, (c) the affordability category for the Mobilehome/Mobilehome Space, (d) the number of persons occupying the Mobilehome, (e) the Gross Household Income of the Resident Household, (f) the lease commencement date, (g) the current rent, utility, and other charges payable for the Mobilehome/Mobilehome Space, and (h) the projected rent increase (if any) for the Mobilehome/Mobilehome Space. To satisfy the requirement to provide an Annual Report, Owner may provide copies of forms submitted to the California Debt Limit Allocation Committee, the State Department of Housing and Community Development, or other California governmental agencies. In addition to the above, the Annual Report shall state the date the occupancy commenced, the initial rental rate, if a Mobilehome was purchased, then the purchase price paid by the resident (if such information is available) and such other information as the City or the County may be required by law to obtain. 6.2 Financial Audit. The Owner is responsible for obtaining a financial audit annually and shall provide the same to the City and County within one-hundred twenty (120) after the end of the Fiscal Year. 6.3 Additional Information. The Owner shall provide any additional information reasonably requested by the City or County. The City or County shall have right to examine and make copies of all books, records or other documents of the Owner pertaining to the Property. 9 6.4 Retention and Inspection of Documents. (a) Owner shall maintain complete, accurate and current records pertaining to the Restricted Units, the Redeveloped Park, and the Property, including copies of Income Certifications and Rent calculations for all Resident Households, and financial, management and maintenance records for the Redeveloped Park and the Property. Records shall be maintained for at least five (5) years from the date of their creation. (b) Owner shall permit duly authorized representatives of the City and County to inspect Property records, including, without limitation, records pertaining to household income and household size of Resident Households; provided however, confidential and sensitive information relating to any Resident Household (such as account numbers, social security numbers, driver’s license numbers) may be redacted or marked out to protect the confidentiality of such information. (c) The City or County or any duly authorized representative thereof shall have the right to review and request copies of documents. In either the City or County’s discretion, it shall have the right to audit such records, to determine the Owner’s compliance with the requirements of this Agreement. 7. Operation of the Property. 7.1 Residential Use. The Property shall be operated only for residential use; however, this restriction shall not prohibit the operation of community, recreational, educational, or similar facilities that are open to the public, provided that these uses are consistent with applicable zoning. 7.2 Non-Discrimination; Compliance with Fair Housing Laws. 7.2.1 Fair Housing. Owner and Owner’s agent shall comply with state and federal fair housing laws in the marketing and rental of the Mobilehomes and Mobilehome Spaces located on the Property. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 7.2.2 Non-Discrimination. Neither Owner nor Owner’s agent shall restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) 10 of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 8. Property Management and Maintenance 8.1 Management Responsibilities. The Owner and Owner’s agent shall be responsible for all management functions with respect to the Property including, but not limited to, the selection of Resident Households, certification of household income and size, certification of the ages of all household members, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, security and management of household relocation, if required. The Owner shall retain a professional property management company to perform its management duties hereunder. City and County hereby approve John Stewart Company as the property manager, and subject to the rights of senior lenders and investors, City and County shall have the right to review and approve any subsequent property manager, which approval shall not be unreasonably withheld or delayed. A resident manager shall also be retained, if required by law or by Owner. 8.2 Performance Review. The City and County reserve the right to conduct jointly or separately an annual (or more frequently, if deemed reasonably necessary by the City or County) review of the management practices and financial status of the Property. The purpose of the performance review will be to enable the City and County to determine if the Property is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with the City and County in such reviews. 9. Indemnification In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Owner, County and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties thereto, their officers, board 11 members, employees, or agents, under or in connection with or arising out of any work authorized or delegated to such other Parties under this Agreement. Notwithstanding the foregoing, the Owner, and its assigns, shall indemnify, defend, and hold harmless the County and City, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, the relocation of residents of the Property, the construction of improvements on the Property, and the operation or maintenance of the Redeveloped Park the Property, excepting only loss, injury or damage caused by the negligence or willful misconduct of the County or the City. The Owner, and its assigns, shall reimburse the County and City for all costs, attorneys’ fees, expenses and liabilities incurred with respect to any litigation in which the Owner is obligated to indemnify, defend and hold harmless the County and City under this Agreement. Each Party agrees that all obligations under this Section 9 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement’s termination or assignment. 10. Binding on Successors. 10.1 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full Term regardless of any sale, assignment, transfer, or conveyance of the Property or any part thereof or interest therein. The Parties acknowledge that Owner may transfer the Property to (a) the Authority or to an entity affiliated with the Authority, (b) a limited partnership or limited liability company whose general partner or managing member is Owner or another nonprofit public benefit corporation or limited liability company that is controlled by or affiliated with Owner or the Authority, or (c) a nonprofit public benefit corporation controlled by or affiliated with Owner or the Authority. 10.2 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term. 11. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property or any part thereof or interest therein. Any successor-in-interest to Owner, including without limitation any purchaser, transferee or lessee of the Property shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or any part thereof, shall 12 conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. 12. Recordation. This Agreement shall be recorded against the Property in the Official Records of Santa Clara County. 13. Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. 14. Default and Remedies. Owner’s default in the performance of any term, provision or covenant under this Agreement and failure to cure such default within ninety (90) days following receipt of notice of default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within ninety (90) days, Owner’s failure to commence to cure the default within ninety (90) days and thereafter prosecute the curing of such default with due diligence and in good faith shall constitute an Event of Default hereunder. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City or County may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief, or pursue any other remedy allowed under law or in equity. 15. Reinvestment of Proceeds from Sale of Property. The Parties acknowledge and agree that a material consideration for the City and County to approve the financing described herein is for the proceeds of any subsequent sale of the Fee Property to be reinvested in the City to create affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will not be required to be used for affordable housing, the Parties shall cause an amount equal to: a) the amount not repaid to the City and County for any loans made by the City and County that are secured by the Fee Property, and b) at least fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date, to be reinvested in the City to create additional affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will continue to be used for affordable housing, the Parties agree that a) fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date shall be applied as a reduction to the purchase price of the Fee Property and b) the Owner shall cause to repay to the City and County any loan amount outstanding or the loan shall be assigned to the next Owner of the Fee Property. For the purposes of this paragraph, an "affiliate of the Authority" shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with Authority. For the purposes of this paragraph, 13 "affordable housing" shall mean the Fee Property is subject to occupancy and affordability restrictions which are substantially similar, including in length and levels of affordability, to the restrictions imposed under this Agreement and to which the City and County are parties. Each Party agrees that all obligations under this Section 15 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 16. Miscellaneous. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by all of the Parties. 16.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: _________ With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: City Attorney County: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor San Jose, CA 95110 Attention: _____________ With a copy to: 14 County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: ____________ Owner: Poco Way HDC, Inc. c/o Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Preston Prince, Executive Director 16.3 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 16.4 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. 16.5 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 16.6 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California. 16.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements of the Parties with respect thereto. 16.8 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 16.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. SIGNATURES ON FOLLOWING PAGES. 15 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF PALO ALTO, a municipal corporation By: _______________________________ Print Name:___________________________ Title:_________________________________ Attest:________________________________ City Clerk Approved as to form: _____________________________ City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: _______________________________ Print Name:________________________ Title:______________________________ Approved as to form and legality: _____________________________ County Counsel OWNER: POCO WAY HDC INC., a California nonprofit public benefit corporation By:______________________ Preston Prince, President 16 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , before me,___________________________________________, (Name of Notary) notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 17 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , before me,___________________________________________, (Name of Notary) notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 18 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , before me,___________________________________________, (Name of Notary) notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 19 Exhibit A PROPERTY The land is situated in the County of Santa Clara, City of Palo Alto, State of California, and is described as follows: [insert legal description of Redeveloped Park parcel.] Proposed 2024 Regulatory Agreement for Buena Vista Apartments 4879-7733-6990 v9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Santa Clara San Jose, CA 95110 Attention: _____________ EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s use. APN: ___________ AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Apartments) by and among POCO WAY HDC, INC., THE CITY OF PALO ALTO, and THE COUNTY OF SANTA CLARA 2 This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (Apartments) (this “Agreement”) is entered into effective as of ______________, 2024 (“Effective Date”) by and among Poco Way HDC, Inc., a California nonprofit public benefit corporation (“Owner”), the City of Palo Alto, a chartered city and municipal corporation (“City”), and the County of Santa Clara, a political subdivision of the State of California (“County”). The City, the County, and the Owner are collectively referred to herein as the “Parties.” RECITALS A. Owner is the owner of the real property located at El Camino Real and Los Robles Road in the City of Palo Alto, Santa Clara County, California, commonly known as the Buena Vista Mobile Home Park, known as Assessor’s Parcel Nos. 137-12-001, 137-11-102 (ptn), 137-11-071 (ptn) (the “Park”). The property comprising the Park has been subdivided to create two parcels. The subject of this Agreement is the parcel described in Exhibit A attached hereto and incorporated herein by reference (the “Property”). The adjacent second parcel is referred to herein as the “Park Parcel”. Owner intends to redevelop the Property and construct thereon a sixty-one (61) unit multifamily residential rental project consisting of sixty (60) affordable apartments and one unrestricted manager’s unit, with related improvements (the “Apartment Project”). Owner intends to upgrade the Park Parcel and continue its use as an affordable mobilehome park. B. The City, the County, and Santa Clara County Housing Authority, a public body corporate and politic (“Authority”) each contributed certain funds to finance the acquisition and improvement of the Property and the adjacent property (the “Financing”). In consideration for the Financing, the Parties have agreed that Property will be owned, operated and maintained subject to a recorded restriction that requires Owner and its successors in interest to use the Property as an affordable housing resource, to enhance the habitability of the Property, and to avoid displacement of the persons who currently reside at the Property. C. The purpose of this Agreement is to satisfy the foregoing requirements, the requirements of Notice PIH-2011-45 (HA) published by the U.S. Department of Housing and Urban Development (“HUD”) that apply to housing authorities participating in the Moving to Work demonstration program, and those additional conditions required by the City and County in connection with the Financing. D. This Agreement replaces and supersedes in its entirety that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 29, 2017, executed by and among the City, the County, and the Authority, and recorded in the Official Records of Santa Clara County on September 29, 2017 (the “Original Acquisition Date”) as Instrument No, 23766007. E. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns for the full term of this Agreement. 3 NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the above Recitals into the Agreement and hereby agree as follows. 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement. “Actual Household Size" means the actual number of persons in the applicable household. “Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with the Santa Clara County Housing Authority’s Housing Quality Standards (HQS) and 24 CFR 982.401 (i.e., assumed household size of two (2) persons per bedroom). "Affordable Rent" means the following amounts, less a utility allowance and other fees and charges required to be paid by tenants on a non-optional basis: (i) for Dwelling Units occupied or reserved for occupancy by households with incomes of not more than thirty (30%) of AMI (“30% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for Dwelling Units occupied or reserved for occupancy by households with incomes of greater than 30% AMI, but not more than fifty percent (50%) of AMI (“50% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (iii) for Dwelling Units occupied or reserved for occupancy by households with incomes of greater than 50% AMI, but not more than eighty percent (80%) of AMI (“80% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of eighty percent (80%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit; and (iv) for Dwelling Units occupied or reserved for occupancy by households with incomes of greater than 80% AMI, but not more than one hundred twenty percent (120%) of AMI (“120% Units”), a monthly rent that does not exceed one- twelfth of thirty percent (30%) of one hundred twenty percent (120%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. “Applicable Law” means all local, State, and federal laws, rules and regulations that apply to the Property or the Apartment Project, including without limitation all laws, rules and regulations that apply pursuant to financing provided for development or operation of the Property or the Apartment Project. "Area Median Income" or "AMI" means the median income for Santa Clara County, California, adjusted for Actual Household Size, as determined by the U.S. 4 Department of Housing and Urban Development (“HUD”) pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). “Authority” means the Santa Clara County Housing Authority, a public body corporate and politic. “Dwelling Unit” means each of the residential apartments developed on the Property. “Eligible Household” means a household whose Gross Household Income at initial occupancy does not exceed eighty percent (80%) of Area Median Income. “Existing Residents” means households that were lawfully residing in the Park as of the Effective Date. “Fiscal Year” means the reporting period commending on January 1 and ending on December 31 of any year. “Government Code” means the Government Code of the State of California. “Gross Household Income” means the total anticipated annual income of all persons in a household, as calculated in accordance with Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time, or pursuant to a successor State or federal housing regulation that utilizes a reasonably similar method of calculation of household income. “Income Certification” is defined in Section 2. “Rent” means the total of monthly payments payable by a Resident Household for the use and occupancy of a Dwelling Unit. “Resident Household” means a household that resides in a Restricted Unit. “Restricted Units” means the sixty (60) Dwelling Units in the Apartment Project that are subject to rent and income eligibility restrictions pursuant to this Agreement. “Term” is defined in Section 2.1. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that throughout the Term, the Property shall be used solely for the operation of affordable housing in compliance with the requirements set forth in this Agreement. 2.1 Affordability Requirements. For a term of seventy-five (75) years commencing upon the Effective Date (the “Term”), subject to Sections 2.4 and 2.8, all 5 Restricted Units shall be restricted for occupancy at Affordable Rents by Eligible Households. When Dwelling Units becomes vacant, they shall be rented to Eligible Households to satisfy the following distribution among affordability levels: (a) no less than 24 Dwelling Units (40% of the Restricted Units) shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than thirty (30%) of AMI adjusted for Actual Household Size, (b) no less than 24 additional Dwelling Units (40% of the Restricted Units) shall occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than fifty (50%) of AMI adjusted for Actual Household Size, and (c) the remainder of the Restricted Units shall be occupied, or if vacant made available for occupancy, by households whose Gross Household Income at initial occupancy is not more than eighty percent (80%) of AMI adjusted for Actual Household Size. The Parties agree to meet and confer regarding potential modifications to the requirements set forth in this Section 2.1 if Owner demonstrates that such modification is necessary to maintain the financial feasibility of the Apartment Project. City and County agree to consider such requests in good faith, and will not unreasonably deny consent if Owner demonstrates that the modification is necessary for financial feasibility. 2.2 Increases in Household Incomes; Filling of Vacancies. If, upon annual recertification of Gross Household Incomes, Owner determines that the requirements in Section 2.1 are not satisfied, Owner shall offer the next available vacant Dwelling Unit(s) to a households of the appropriate income categories until the requirements of Section 2.1 are satisfied. 2.3 Other Restrictions. Notwithstanding anything to the contrary contained in this Agreement, if lenders, investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed by this Agreement, the requirements of such other lenders, investors or regulatory agencies, including without limitation, the requirements associated with tax-exempt financing, if applicable, shall prevail. In addition, notwithstanding any contrary provision of this Agreement, the rent and household income limitations applicable to the use of federal low-income housing tax credits shall prevail over any inconsistent provision of this Agreement if federal low-income housing tax credits are used to finance the Apartment Project. 2.4 Existing Residents. Notwithstanding anything to the contrary contained in this Agreement, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income shall be permitted to rent or lease a Dwelling Unit at an Affordable Rent until: (a) the household voluntarily vacates the Dwelling Unit, or (b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law. Furthermore, Existing Residents who do not qualify as an Eligible Household because their Gross Household Income is more than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Dwelling Unit until: (a) the household voluntarily vacates the Dwelling Unit, or (b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law; provided however, upon 6 written notice in accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent; provided however, in no event shall any annual rent increase exceed ten percent (10%) over the rent charged to such household in the immediately preceding twelve (12) month period. 2.5 Income and Occupancy Certification. Owner or Owner’s authorized agent shall obtain from each Resident Household prior to initial occupancy of a Restricted Unit, and annually thereafter, a completed Income and Occupancy Certification (“Income Certification”) setting forth the identity of each household member and the total Household Gross Income. 2.6 Annual Income and Occupancy Certification Requirement. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to annually provide an Income Certification to Owner, and that failure and/or refusal to provide such Income Certification will be considered a breach of the lease or rental agreement, and may result in the loss of the right to occupy a Dwelling Unit. 2.7 Verification of Income and Occupancy Certification. For the initial and the annual Income Certification, Owner shall verify each Resident Household’s income by requesting and reviewing such verification and documentation as Owner may reasonably require, which may include: (i) pay stubs for the most recent four (4) consecutive pay periods; (ii) if self-employed, Tax Form 1040, including Schedule C and other attachments from the prior year, (iii) an income verification form from the Social Security Administration and/or the California Department of Social Services if Resident Household members receives assistance from either of such agencies; (iv) history of the last 12 months of child support payments, if any, (v) if anyone in the Resident Household is unemployed, a form of independent verification; and (vi) the most recent of any and all bank account statements and/or any other financial account statements. 2.8 Increased Income of Household After Recertification. (a) If the Gross Household Income of a Resident Household is determined to have increased to be more than eighty percent (80%) but less than or equal to one hundred twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Dwelling Unit at Affordable Rent until: a) the household voluntarily vacates the Dwelling Unit, or b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law. (b) If the Gross Household Income of a Resident Household is determined to have increased to be more than one hundred and twenty percent (120%) of Area Median Income adjusted for Actual Household Size, such household shall be permitted to continue to rent or lease a Dwelling Unit until: a) the household voluntarily vacates the Dwelling Unit, or b) the tenancy is terminated consistent with the requirements of the lease agreement and Applicable Law; provided however, upon written notice in 7 accordance with Section 2.9 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.9 Notice of Rent Increase or Decrease. Each Resident Household shall be provided with notice of Rent increases or decreases consistent with the requirements set forth in the lease agreement and Applicable Law. 2.10 Managers’ Units. One (1) Dwelling Unit may be used as a resident manager’s unit, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement. 3. Occupancy Requirements. Owner shall include in lease and rental agreements pertaining to the Restricted Units a requirement that each Resident Household shall be required to occupy their Dwelling Unit as their principal place of residence, and shall not be permitted to sublease their Dwelling Unit . 4. Construction of Improvements. Owner shall obtain all necessary permits and approvals for development of the Property and construction of the Apartment Project, as required by Applicable Law, local zoning, and other applicable regulations. City maintains and reserves full authority and discretion under State and local law in the processing of entitlements and permit applications. 5. Relocation. Persons residing on the Property as of the Effective Date shall not be displaced before suitable replacement housing is available. Owner or Owner’s agent shall be solely responsible for ensuring that all such persons receive all notices, benefits and assistance to which they are entitled in accordance with California Relocation Assistance Law (Government Code Section 7260 et seq.); Government Code sections 65863.7 and 65863.8; the State and local regulations implementing such laws, and all other applicable local, State and federal laws, regulations and policies, including but not limited to the Uniform Relocation Act (42 U.S.C. §4601 et seq.) and implementing regulations (collectively “Relocation Laws”) relating to the displacement and relocation of eligible persons as defined in such Relocation Laws. All costs incurred in connection with the temporary and/or permanent displacement and/or relocation of occupants of the Property, including without limitation payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to Relocation Laws shall be paid by Owner. County and City shall have no responsibility for payment therefor. 6. Owner’s Reporting Obligations to the City and County. 6.1 Annual Report. Within sixty (60) days following the close of each Fiscal Year, Owner shall submit to the City and the County a report (“Annual Report”) that includes the following information for each Restricted Unit: (a) the unit number, (b) the number of bedrooms in the Dwelling Unit, (c) the affordability category for the Dwelling Unit, (d) the number of persons occupying the Dwelling Unit, (e) the Gross Household 8 Income of the Resident Household, (f) the lease commencement date, (g) the current rent, utility, and other charges payable for the Dwelling Unit, and (h) the projected rent increase (if any) for the Dwelling Unit. To satisfy the requirement to provide an Annual Report, Owner may provide copies of forms submitted to the California Tax Credit Allocation Committee, the State Department of Housing and Community Development, or other California governmental agencies. In addition to the above, the Annual Report shall state the date the occupancy commenced, the initial rental rate, and such other information as the City or the County may be required by law to obtain. 6.2 Financial Audit. The Owner is responsible for obtaining a financial audit annually and shall provide the same to the City and County within one-hundred twenty (120) after the end of the Fiscal Year. 6.3 Additional Information. The Owner shall provide any additional information reasonably requested by the City or County. The City or County shall have right to examine and make copies of all books, records or other documents of the Owner pertaining to the Property. 6.4 Retention and Inspection of Documents. (a) Owner shall maintain complete, accurate and current records pertaining to the Dwelling Units, the Apartment Project, and the Property, including copies of Income Certifications and Rent calculations for all Resident Households, and financial, management and maintenance records for the Apartment Project and the Property. Records shall be maintained for at least five (5) years from the date of their creation. (b) Owner shall permit duly authorized representatives of the City and County to inspect Property records, including, without limitation, records pertaining to household income and household size of Resident Households; provided however, confidential and sensitive information relating to any Resident Household (such as account numbers, social security numbers, driver’s license numbers) may be redacted or marked out to protect the confidentiality of such information. (c) The City or County or any duly authorized representative thereof shall have the right to review and request copies of documents. In either the City or County’s discretion, it shall have the right to audit such records, to determine the Owner’s compliance with the requirements of this Agreement. 7. Operation of the Property. 7.1 Residential Use. The Property shall be operated only for residential use; however, this restriction shall not prohibit the operation of community, recreational, educational, or similar facilities that are open to the public, provided that these uses are consistent with applicable zoning, subject to any use restrictions that may apply pursuant to Apartment Project financing. 9 7.2 Non-Discrimination; Compliance with Fair Housing Laws. 7.2.1 Fair Housing. Owner and Owner’s agent shall comply with state and federal fair housing laws in the marketing and rental of the Dwelling Units. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 7.2.2 Non-Discrimination. Neither Owner nor Owner’s agent shall restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. 8. Property Management and Maintenance 8.1 Management Responsibilities. The Owner and Owner’s agent shall be responsible for all management functions with respect to the Property including, but not limited to, the selection of Resident Households, certification of household income and size, certification of the ages of all household members, evictions, collection of rents and deposits, payment for operating and other expenses, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, security and management of household relocation, if required. The Owner shall retain a professional property management company to perform its management duties hereunder. City and County hereby approve John Stewart Company as the property manager, and subject to the rights of senior lenders and investors, City and County shall have the right to review and approve any subsequent property manager, which approval shall not be unreasonably withheld or delayed. A resident manager shall also be retained, if required by law or by Owner. 8.2 Performance Review. The City and County reserve the right to conduct jointly or separately an annual (or more frequently, if deemed reasonably necessary by the City or County) review of the management practices and financial status of the Property. The purpose of the performance review will be to enable the City and County to determine if the Property is being operated and managed in accordance with the 10 requirements and standards of this Agreement. The Owner shall cooperate with the City and County in such reviews. 9. Indemnification In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Owner, County and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties thereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authorized or delegated to such other Parties under this Agreement. Notwithstanding the foregoing, the Owner, and its assigns, shall indemnify, defend, and hold harmless the County and City, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, the relocation of residents of the Property, the construction of improvements on the Property, and the operation or maintenance of the Apartment Project and the Property, excepting only loss, injury or damage caused by the negligence or willful misconduct of the County or the City. The Owner, and its assigns, shall reimburse the County and City for all costs, attorneys’ fees, expenses and liabilities incurred with respect to any litigation in which the Owner is obligated to indemnify, defend and hold harmless the County and City under this Agreement. Each Party agrees that all obligations under this Section 9 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement’s termination or assignment. 10. Binding on Successors. 10.1 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full Term regardless of any sale, assignment, transfer, or conveyance of the Property or any part thereof or interest therein. The Parties acknowledge that Owner may transfer the Property to (a) the Authority or to an entity affiliated with the Authority, (b) a limited partnership whose general partner is Owner, or another nonprofit public benefit corporation or limited liability company that is controlled by or affiliated with Owner or the Authority, or (c) a nonprofit public benefit corporation controlled by or affiliated with Owner or the Authority. 11 10.2 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term. 11. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property or any part thereof or interest therein. Any successor-in-interest to Owner, including without limitation any purchaser, transferee or lessee of the Property shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. 12. Recordation. This Agreement shall be recorded against the Property in the Official Records of Santa Clara County. 13. Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. 14. Default and Remedies. Owner’s default in the performance of any term, provision or covenant under this Agreement and failure to cure such default within ninety (90) days following receipt of notice of default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within ninety (90) days, Owner’s failure to commence to cure the default within ninety (90) days and thereafter prosecute the curing of such default with due diligence and in good faith shall constitute an Event of Default hereunder. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City or County may bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief, or pursue any other remedy allowed under law or in equity. 15. Reinvestment of Proceeds from Sale of Property. The Parties acknowledge and agree that a material consideration for the City and County to approve the financing described herein is for the proceeds of any subsequent sale of the Fee 12 Property to be reinvested in the City to create affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will not be required to be used for affordable housing, the Parties shall cause an amount equal to: a) the amount not repaid to the City and County for any loans made by the City and County that are secured by the Fee Property, and b) at least fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date, to be reinvested in the City to create additional affordable housing. In the event that the Fee Property is sold to a third party that is not an affiliate of the Authority and in connection with such sale the Fee Property will continue to be used for affordable housing, the Parties agree that a) fifty-two percent (52%) of the total appreciation of the value of the Fee Property since the Effective Date shall be applied as a reduction to the purchase price of the Fee Property and b) the Owner shall cause to repay to the City and County any loan amount outstanding or the loan shall be assigned to the next Owner of the Fee Property. For the purposes of this paragraph, an "affiliate of the Authority" shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with Authority. For the purposes of this paragraph, "affordable housing" shall mean the Fee Property is subject to occupancy and affordability restrictions which are substantially similar, including in length and levels of affordability, to the restrictions imposed under this Agreement and to which the City and County are parties. Each Party agrees that all obligations under this Section 15 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment. 16. Miscellaneous. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by all of the Parties. 16.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. City: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 13 Attention: _________ With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: City Attorney County: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor San Jose, CA 95110 Attention: _____________ With a copy to: County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: ____________ Owner: Poco Way HDC, Inc. c/o Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Preston Prince, Executive Director 16.3 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 16.4 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. 16.5 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 16.6 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California. 14 16.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements of the Parties with respect thereto. 16.8 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 16.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 15 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY: CITY OF PALO ALTO, a municipal corporation By: _______________________________ Print Name:___________________________ Title:_________________________________ Attest:________________________________ City Clerk Approved as to form: _____________________________ City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: _______________________________ Print Name:________________________ Title:______________________________ Approved as to form and legality: _____________________________ County Counsel OWNER: POCO WAY HDC INC., a California nonprofit public benefit corporation By:______________________ Preston Prince, President 16 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , before me,___________________________________________, (Name of Notary) notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 17 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , before me,___________________________________________, (Name of Notary) notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 18 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , before me,___________________________________________, (Name of Notary) notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 19 Exhibit A PROPERTY The land is situated in the County of Santa Clara, City of Palo Alto, State of California, and is described as follows: [insert legal description of Apartment Project parcel.] 4 7 0 1 ATTACHMENT E ZONING CONSISTENCY ANALYSIS 3980 El Camino Real, 24PLN-00041 Table 1: COMPARISON WITH CHAPTER 18.13 (RM-20 DISTRICT) Regulation Required Proposed Minimum/Maximum Site Area, Width and Depth 8,500 sf area, 70-foot width, 100- foot depth Irregular ~338.65 feet L X ~219.74 feet W 73,711 sf (1.69 acre) Minimum Front Yard 20 feet 30 feet Rear Yard 10 feet 70 feet, 8 inches Street Side Yard 16 feet Not Applicable Interior Side Yard (for lots greater than 70 feet in width) 10 feet 35 feet, 4 inches from east side 72 feet, 8 inches from west side Max. Building Height 30 feet 37 feet, six inches Waiver Requested Side Yard Daylight Plane 10 feet at interior side lot line then 45 degree angle Complies Rear Yard Daylight Plane 10 feet at rear setback line then 45-degree angle Complies Max. Site Coverage 35% (plus an additional 5% for covered patios or overhangs) (8,294 sf) 28% (20,373 sf) Max. Total Floor Area Ratio 0.5:1 (36,855 sf)1.0:1 (73,710 sf) Waiver requested Residential Density 11 to 20 units per acre (19 to 34 units) 61 DU on 1.69 acre = 36 units per acre Complies with State Density Bonus Law 80% Bonus Allowance Minimum landscape/ Site Open Space 35% (5,847 sf)24.5% (17677 sf) Waiver Requested Minimum Usable Open Space 150 sf per unit 150.4 sf per unit Minimum Common Open Space 75 sf per unit 5,463 sf (89.5 sf per unit) Minimum Private Open Space 50 sf per unit None Concession Requested 4 7 0 1 Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking) for Multiple-Family Residential Type Required Proposed Vehicle Parking 1 per studio unit 1 per 1-bedroom unit 1.5 per 2-bedroom or larger unit(1) =77 Spaces Tandem parking is permitted for multiple-family and two-family uses at a maximum of 25% of the units(1) 79 – 3-bedroom units; 24 spaces 0% tandem Loading Area Residential and mixed-use structures with fifty (50) or more dwelling units shall provide at least one (1) on-site, short-term loading space for passenger vehicles, to be used by taxicabs and similar transportation and delivery services 1 proposed Bicycle Parking One (1) Long-term bicycle parking space per unit=61 spaces One (1) short-term bicycle parking space per 10% of units=6 spaces 72 LT spaces; six (6) ST spaces (1) In accordance with state density bonus law, only 1.5 parking spaces is required, and all units may have tandem parking. Therefore, although this requirement does not meet the city’s local code requirements, this allowance is provided per state law without the need for an additional waiver/concession. Regulation Required Proposed 5-foot planting strip Complies Minimum required interior landscaping=7.5% 9.3% Landscape islands minimum 5x5 Minimum 6x18 Landscape islands every 10 spaces in a row Complies Minimum 1 tree per 6 parking stalls Number of parking spaces: 79 Number of tree required: 13 Number of trees in landscape islands: 8 Number of trees on perimeter: 13 Total number of trees counted: 21 Parking lot Design Tree plantings should shade 50% of the parking lot surface areas in 15 years Tree Canopy area required: 11,829(50%) Tree canopy area provided: 11,198 (47%) City of Palo Alto Objective Design Standards: Checklist Page 1 4 1 9 9 Objective Design Standards Checklist The Objective Design Standards Checklist is a tool to evaluate a project’s compliance with the Zoning Ordinance (Chapter 18.24). The Checklist is not the Zoning Ordinance. Applicants shall be responsible for meeting the standards in the Zoning Ordinance. To simplify evaluation of the Zoning Ordinance, language in the Checklist may vary from the Zoning Ordinance. (Note: sf = square feet) If a standard is not applicable to applicant’s project, please write N/A in Applicant’s Justification column. 18.24.020 Public Realm/Sidewalk Character Check Standard Sheet #Applicant’s Justification (b)(1) Sidewalk Widths (A) In the following districts, public sidewalk width (curb to back of walk) is at least: •Commercial Mixed-Use District: CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD: 10 ft •El Camino Real: 12 ft •San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft And consists of: Does not apply (RM-30 Zone District and not any of these streets (despite the address, frontage is on Los Robles) Pedestrian clear path width of 8 foot minimum: ______ feet ☐ Landscape or furniture area width of 2 foot minimum: ______ feet ☐ If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided. ☐ (B) Public sidewalks or walkways connecting through a development parcel (e.g. on a through lot with a public access easement, leading to a commercial entry) must be at least 6 feet wide. Not applicable; not a through Lot (C) The width of walkways designed to provide bicycle access (e.g. pathway to bike racks/lockers) must be at least 12 feet wide, consisting of: Complies Pedestrian clear path width (8 feet min.): 8’2”☒ Clear space/buffer – (2 feet min. on each side of path): 3’11”ft & 4’ ft A1.10A Walkways meeting requirement provided from sidewalk to bike racks City of Palo Alto Objective Design Standards: Checklist Page 2 4 1 9 9 ☒ (B)Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. On arterials (see Map T-5), except Downtown, seating areas or benches shall not be located between the sidewalk and the curb; OR A2.10 Courtyard seating is located wihin 30 feet of the path leading to the primary building entry Pic k O n e ☐Existing seating areas or benches that are already located in the public right-of-way within 50 feet of the building entry. Check Standard Sheet #Applicant’s Justification (B)(2) Street Trees 1. One street tree provided for every 30 linear feet of public sidewalk length and located within six feet of the sidewalk. L0.03 Sufficient number of trees provided along Los Robles streetscape a. Length of parcel frontage/public sidewalk length: 581’ 4”ft b. Street Trees required (i.e. frontage/30 feet): 19 trees ☒ c. Street Trees provided: 22 trees (B)(3) Accent Paving Parcels abutting University Avenue between Alma Street and Webster include accent paving along the project frontages, as indicated below: Not Application •Brick paving at corners ☐ •Brick trim mid-block ☐Parcel abutting California Avenue between El Camino Real and Park Blvd include decorative glass accent paving along project frontages Not Applicable (B)(4) Mobility Infrastructure ☒ (A) On-site micromobility infrastructure (e.g. bike racks/lockers) is located within 30 feet of the primary building entry and/or on a path leading to the primary building entry; OR A0.11 Proposed short-term bike racks are within a path leading to the primary building entry Pic k O n e ☐Existing micromobility infrastructure (e.g. bike racks/lockers) is already located within 50 feet of project site and located in a public right-of-way. City of Palo Alto Objective Design Standards: Checklist Page 3 4 1 9 9 18.24.030 Site Access Check Standard Sheet #Applicant’s Justification (b)(1) Through Lot Connections ☐ Through lots located more than 300 feet from an intersecting street or pedestrian walkway shall provide a publicly accessible sidewalk or pedestrian walkway (with public access easements) connecting the two streets. Not Applicable, not a through lot (b)(2) Building Entries ☐ Primary Building Entries shall be located from a public right-of-way. If there is no public right-of-way adjacent to the building, entries shall be located from a private street or Pedestrian Walkway. A1.10A Primary building entry accessed from a short walkways leading from the public ROW (b)(3) Vehicle Access ☐(A) Vehicle access shall be located on alleys or side streets when they abut the property. Not Applicable, no alleys adjacent site ☐ (B) Except for driveway access and short-term loading spaces (e.g. taxi), off-street parking, off-street vehicle loading (delivery trucks), and vehicular circulation areas are prohibited between the building and primary building frontage. A1.10 No parking or circulation area is located between the building frontage and street. (b)(4) Loading Docks and Service Areas Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows: ☒(A) Loading docks and service areas shall be located on façades that do not face a primary building frontage A0.13 Trash staffing area is located at the rear of the building, with trash pickup planned along an internal street ☒ (B) Loading docks and service areas located within setback areas shall be screened by a solid fence, or wall, or dense landscaping and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement/safety. A0.13 There are no loading docks or service area located within setback areas. Trash is at the rear of the building. City of Palo Alto Objective Design Standards: Checklist Page 4 4 1 9 9 18.24.040 Building Orientation and Setbacks Check Standard Sheet #Applicant’s Justification (b)(1) Building Corner Elements (less than 40 feet in height) Corner buildings less than 40 feet in height and end units of townhouses (all end units) or other attached housing products that face the street shall include all of the following features on their secondary building frontage (where B is the primary frontage): (A) height and width of corner element shall have a ratio greater than 1.2:1. a. Secondary building frontage height: 36 feet b. Secondary building frontage length: 22 feet☐ c. Secondary building frontage height to width ratio: ~28 A3.10 (B) minimum of 15 percent fenestration area. a. Total secondary building frontage façade area: 6286 sf b. Secondary building frontage façade fenestration area: 1532sf☐ c. Percent of fenestration area __24.4___ % Che c k A l l ☐(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. Complies (b)(2)(A) & (B) Treatment of Buildings Corners on Corner Lots (40+ feet in height) Corner Buildings 40 feet or taller in height shall include at least one of the following special features: A. Street wall is located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet on both facades meeting at the corner and includes one or more of the following building features: ☐i. An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building. ☐ii. A different material application and/or fenestration pattern from the rest of the façade. Che c k O n e o r M o r e wit h i n A o r B ☐iii. A change in height of at least 4 feet greater or less than the height of the adjacent/abutting primary façade. Ch eck On e or Mo re wit hin A or BB. An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following Not Applicable, less than 40 feet in height City of Palo Alto Objective Design Standards: Checklist Page 5 4 1 9 9 ☐i. A publicly accessible open space/plaza. ☐ii. A space used for outdoor seating for public dining. ☐ iii. A residential Common Open Space adjacent to a common interior space (i.e. lobby, retail, etc.) and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% open/transparent. (b)(3) Primary Building Entry The primary building entry meets at least one of the following standards: ☐A. Faces a public right-of-way. ☒B. Faces a publicly accessible pedestrian walkway.A0.14 Primary building entry faces a publicly accessible pedestrian walkway connected to the sidewalk C. Is visible from a public right-of-way through a forecourt or front porch that meets the following standards: i. For residential buildings with fewer than seven units, building entry forecourts or front porch minimum dimensions of (min. 36 sf and min. dimension of 6 feet required): ___ sf and ___ ft. min. dimensionCh e c k O n e o r M o r e ☐ ii. For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porch minimum dimensions of (min. 100 sf and a min. width of 8 feet required): 100 sf and 8’2” min. width A0.14 Primary building entry is located off of a forecourt of the specified size (b)(4) Ground Floor Residential Units A. Finished Floor Height for Ground Floor Units ☐ The finished floor of ground floor residential units, when adjacent to a public right-of- way, must be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2a and 2b of the Zoning Ordinance. Calculate minimum ground floor finished floor height: A0.14 0 feet required C h e c k A ll t h a t A p p l y☐Setback adjacent to public right of way: 20 feet City of Palo Alto Objective Design Standards: Checklist Page 6 4 1 9 9 ☐ Minimum ground floor finished floor height: 0_ feet 𝒚 = ―𝟒 𝟏𝟓(𝒙)+ 𝟏𝟔 𝟑 where 𝑥 = setback length from back of walk, in feet and 𝑦 = ground floor finished floor height, in feet ☐Sites with slopes greater than 2% along building façade – Average height of finished floor: _____ feet ☐Sites located in flood zones – the minimum ground floor finished floor height shall be defined by FEMA, less flood zone elevation: _____ feet B. Setback Trees Ground floor units with a setback greater than 15 feet must have at minimum an average of one tree per 40 linear feet of facade length, within the setback area. Setback length: 30 feet Amount of linear frontage: 25 feet Trees required: 1 tree ☐ Trees provided: 1 tree A1.10 One tree provided in setback area at los robles avenue along the single ground floor 2BR frontage C and D. Front Setback ☒C. Ground floor residential entries are setback a minimum of 10 feet from the back of public sidewalk; OR A1.10A Building setback 30 feet; no ground floor entries facing the street Pic k O n e ☐D. Where no minimum building setback is required, all ground floor residential units must be set back a minimum 5 feet from back of public sidewalk. Check Standard Sheet #Applicant’s Justification E. Unit Entry ☐ A minimum 80% of ground floor residential units that face a public right-of-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space for minimum. Concession requested under state density bonus law Ground units designed to have internal access-see justifications for reasoning City of Palo Alto Objective Design Standards: Checklist Page 7 4 1 9 9 a. Total number of ground floor residential units facing a public right-of-way, publicly accessible path, or open space: 0 units b. 80% of total units in (a): ____ units c. Subset of number of units in (a) that have a unit entry with direct access to the sidewalk, path, or open space: ____ entries (b)(5) Front Yard Setback Character Required setbacks provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space and meet the following: (A). Ground-floor retail or retail like uses have a minimum of 10% of the required setback as landscape or planters.A0.14 Property management office is the only retail-like use at the ground floor along the street frontage i. Minimum setback area (setback x frontage x 10%): 66.5 sf ☒ ii. Landscape or planter area in required setback: 359.4 sf (B). Ground-floor residential uses have a minimum of 60% landscaped area in the required setback area. A0.14 Only one ground floor unit has street frontage along Los Robles Avenue i. Minimum setback area (setback x frontage x 60%): 375 sfChe c k A l l t h a t A p p l y ☒ ii. Landscape area in required setback: 500 sf (b)(6) Side Yard Setback Character (A) Each detached dwelling unit shall have at least one usable side yard, at least six feet wide, between the house and fence or other structure, to provide outdoor passage between the front and rear yards. Not Applicable City of Palo Alto Objective Design Standards: Checklist Page 8 4 1 9 9 18.24.050 Building Massing Check Standard Sheet #Applicant’s Justification (b)(1) Upper Floor Step Backs and Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e. average of low and high roof elevations) of an adjacent building(s), an upper floor step back shall start within two vertical feet of the average height of the adjacent building. The step back shall be a minimum depth of six feet along both the façade on the primary building frontage and the façade facing the adjacent building, and the step shall occur for a minimum of 70% of each façade length. i. Proposed building height: _____ feet ii. Average building height of the adjacent building(s): _____ feet ☐ iii. Building height where upper floor step back begins: ____ feet ☐(B) Notwithstanding, subsection (A), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height. Not applicable since the subject building is not 20 feet taller than the average height of the adjacent building ☐ (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. This daylight plane is required if all of these criteria are met: i. The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and ii. The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building(s); and iii. The project abuts residential units in the side or rear yard. Daylight plane requirement as per zoning only applies to rear property line and interior side yard property line (b)(2) Privacy and Transitions to Residential Uses When a building abuts a residential use on an interior side and/or rear property line, the building shall break down the abutting façade and maintain privacy by meeting all of the following: Ch ec k All☐(A) Landscape Screening. A landscape screen that includes a row of trees with a minimum one tree per 25 linear feet and continuous shrubbery planting. This L4.11, L4.12 Continuous planting area shown along interior side and rear City of Palo Alto Objective Design Standards: Checklist Page 9 4 1 9 9 screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size. property lines. 16 trees currently shown at the side property line (14 required), and 9 along the rear property line (7 required) ☐ (B) Façade Breaks. A minimum façade break of 4 feet in width, 2 feet in depth, and 32 square feet of area (i.e. 8 ft tall minimum) for every 36 to 40 feet of façade length Concession requested under state density bonus law Provides breaks at end but in the center of the west façade breaks are 6 inches to 1 foot instead of 2 feet in depth ☐ (C) Maximum Amount of Transparent Windows. Within 40 feet of an abutting structure, no more than 15% of the facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if fixed and fully obscured Not applicable, no part of the building is within 20 feet of facing residential windows ☐ (D) Windows. Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an adjacent residential building, facing windows on the subject site shall meet the following: (i) Window sills at and above the 2nd floor shall be at least five feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below five feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from the adjacent privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and eight+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity. Not applicable. No part of the building is within 30 feet of facing residential windows ☐ (E). Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an adjacent residential building, balconies and decks on the subject site shall be designed to prevent views: (i) No sight lines to the adjacent property window or open space are permitted within five feet above the balcony or deck flooring and a 45- degree angle downward from balcony railing. (ii) Submit section view of proposed balcony/deck and abutting residential Not applicable since proposed building has no balconies City of Palo Alto Objective Design Standards: Checklist Page 10 4 1 9 9 windows and/or private open space. (iii) Provide balcony/deck design measure which may include: a. Minimum 85% solid railing b. Obscure glass railing c. Barrier with min. 18" horizontal depth from railing (e.g., landscape planter) (b)(3)(A) & (B) Maximum Façade Length facing a street or public path Buildings 70 feet in length or greater and greater than 25 feet in height For building facades 70 feet in length or greater and facing a public street, right- of-way, or publicly accessible path shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, of at least 2 feet in depth façade length featuring continuous plane: 27 feet, 7 inches Total Façade length: 123 feet ☐ Percent of façade length without upper floor modulation (a/b) (maximum 70%): 22.4% A3.10 Continuous facades annotated in south elevation Buildings 250 feet in length or greater (A) Buildings 250 feet in length or greater, which face a public street, right-of- way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth a. Total Building length: _____ feet ☐ b. Number of vertical façade breaks: ___ breaks add width, depth, area Not applicable since street elevation is 123 feet Buildings between 150 feet and 250 feet in length (B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet. Pic k O n e C a t e g o r y ☐ a. Total Building length: _____ feet Not applicable since street elevation is 123 feet City of Palo Alto Objective Design Standards: Checklist Page 11 4 1 9 9 b. Number of vertical façade breaks: ___ breaks, add width, depth, area Check Standard Sheet #Applicant’s Justification (b)(4) Special Conditions: Railroad Frontages All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the railroad-abutting façade(s): ☐(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length. Ch e c k All ☐(B) For portions of a building 20 feet or greater in height shall not have a continuous façade length that exceeds 60 feet. Not applicable, does not abut railroad ROW (b)(5) Diversity of Housing Types ☐ A diversity of housing types (e.g. detached units, attached rowhouses/townhouses, condominiums or apartments, mixed use) are required for projects on large lots: •Less than one acre lots: minimum 1 housing types •1 to 2-acre lots: minimum 2 housing types; or •More than 2-acre lots: minimum 3 housing types A1.10 The apartment site is 1.69 acres and features an apartment building with multiple unit types. The complete development (4.5 acres) features multiple housing types- apartments, RV trailers, and manufactured homes 18.24.060 Façade Design Check Two or More Standard Sheet #Applicant’s Justification (c)(1) Base-Middle-Top ☐ Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of three or more of the following four techniques: City of Palo Alto Objective Design Standards: Checklist Page 12 4 1 9 9 ☐ i. Variation in Building Modulation: Building modulation shall extend for a minimum 80% of the façade length feet, and shall include one or more of the following building features. ☐a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a minimum dimension of 2 feet from the primary facade. ☐ b. Upper floor step backs. A horizontal step back of upper-floor façades with a minimum 5 foot stepback from the primary façade for a minimum of 80% of the length of the façade Ch e c k o n e o r m o r e i f sel e c t e d ☐ c. Ground floor step back. A horizontal shift of the ground floor facade with a minimum depth of 2 feet for a minimum 80% of the length of the façade. Ground floor step backs shall not exceed the maximum setback requirements, where stated ☒ii. Variation in Façade Articulation: Façade articulation modulation shall include one or more of the following building features. ☐ a. Horizontal and/or Vertical Recesses or Projections. Recesses or projections such as a pattern of recessed grouping of windows, recessed panels, bay windows or similar strategies. The recess or projection shall be a minimum 4 inches in depth. A3.10- A3.12 Pattern of recessed and projections, coupled with window groupings shown on each façade. However, the projections are not a minimum of 4 feet in depth; therefore also complies with datum lines ☐ b. Horizontal and/or Vertical Projections. Projections such as shading, weather protection devices, decorative architectural details, or similar strategies. Che c k o n e o r m o r e i f s e l e c t e d ☒ c. Datum Lines. Datum lines that continue the length of the building, such as parapets or cornices, with a minimum 4 inches in height or a minimum 2 inches in depth and include a change in material Façade design includes a box- like framing feature of a different material/color that acts as a datum line. ☒iii. Variation in two of the following: ☒a. Fenestration Size ☐b. Fenestration ProportionChe c k tw o i f sel e c t e d ☐c. Fenestration Pattern A0.14 Variety of fenestration size and projection shown City of Palo Alto Objective Design Standards: Checklist Page 13 4 1 9 9 ☒ d. Fenestration Depth or Projection ☒iv. Variation in two of the following: ☒a. Façade Material ☐b. Facade Material Size ☐c. Façade Texture and Pattern Che c k t w o i f sel e c t e d ☒d. Façade Color A0.14 Variety of materials and colors shown (c)(2) Façade Composition Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following façade articulation strategies to create visual interest: ☒A. Vertical and horizontal recesses such as a pattern of recessed grouping of windows or recessed panels. The recess shall be a minimum 4 inches in depth. A3.10- A3.12 Pattern of recesses and projections, coupled with window groupings shown on each façade ☐B. Vertical and horizontal projections such as shading and weather protection devices or decorative architectural details. Projections shall be a minimum 4 inches in depth. ☒ C. Datum lines that continue the length of the building, such as cornices, with a minimum 4 inches in depth, or a minimum 2 inches in depth and include a change in material. A3.10- A3.12 Façade design includes a box- like framing feature of a different material/color that acts as a datum line ☐D. Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum 4 inches in depth. ☒E. Screening devices such as lattices, louvers, shading devices, or perforated metal screens. A3.11, A3.14 Perforated metal sunshades shown along the West Elevation Che c k T h r e e o r M o r e ☒F. Use of fine-grained building materials, such as brick or wood shingles, not to exceed 8 inches in either height or width. A3.14 One of the proposed materials- cement fiber board lap siding is a fine-grain material, with exposure less than 8 inches City of Palo Alto Objective Design Standards: Checklist Page 14 4 1 9 9 ☒G. Incorporate a minimum of three colors, materials, and/or textures across the whole building. A3.14 Multiple color and materials shown (c)(3) Compatible Rhythm and Pattern (A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with building modulation to create vertically oriented façades (height greater than the width of the façade), façade articulation and fenestration repetitive vertically oriented patterns. Depending on the length of the façade, the following standards apply: ☐ i. For continuous façades less than 100 feet in length, the façade shall have vertically oriented patterns of vertical recesses or projections, façade articulation, and/or fenestration. -Not applicable since no façade is less than 100 feet in length ii. For continuous façades 100 feet or greater in length, the façade shall include either: ☐ a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical shift modulation for a minimum 4 feet in width to establish a vertical rhythm between 20 to 50 feet in width; OR The façade articulation employs a pattern of projections and recesses to highlight the rhythm of housing unitsChe c k O n e ☐b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm between 10 to 16 feet in width (B) Residential mixed-use buildings ☐i. Vertical Patterns and Modulation: Façades shall use vertical patterns of building modulation, façade articulation, and fenestration. Does not apply, exclusively residential Che c k O n e o r Mo r e ☐ ii. Horizontal Patterns and Modulation: Façades that use horizontal articulation and fenestration patterns shall use a vertical massing strategy with a minimum 4 feet wide and 2 feet deep vertical shift in modulation at least once every 50 feet of façade length. (C) Storefronts ☐Storefront uses shall express a vertical rhythm not to exceed 30 to 50 feet in width.Doesn’t apply, exclusively residential (c)(4) Emphasize Building Elements & Massing (A)(i) Building Entries within Façade Design. Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and façade plane shall meet the following minimum dimensions: City of Palo Alto Objective Design Standards: Checklist Page 15 4 1 9 9 ☐a. Individual residential entries: 5 feet in width ☐b. Shared residential entry, such as mixed-use buildings: 8 feet in width ☐c. Commercial building entry: 20 feet in widthCh e c k A l l ☐d. Storefront entry: 6 feet in width (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following: ☒a. Recess or projection from the primary façade plane (minimum 2 feet).A0.14 Primary building entry is recessed over 8 feet Ch e c k O n e or M o r e ☒b. Weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods A0.14 Upper floor overhang provides weather protection at the main entry (c)(5) Storefront/Retail Ground Floors A. Ground floor height shall be a minimum 14 feet floor-to-floor OR shall maintain a 2nd floor datum line of an abutting building. a. Ground floor height (minimum 14 feet): _____ feet; OR☐ b. Height of 2nd floor datum line of abutting building: _____ feet B. Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space. a. Façade area between 2 feet and 10 feet: _____ square feet b. Transparent glazing area between 2 feet and 10 feet: _____ square feet ☐ c. Percentage of transparent glazing (minimum 60%): _____ % ☐C. If provided, bulkheads and solid base walls measure between 12 and 30 inches from finished grade D. Primary entries shall include weather protection by recessing the entry, providing an awning or using a combination of these methods. a. Weather protection width (minimum 6 feet): _____ feet☐ b. Weather protection depth (minimum 4 feet): _____ feet Not Applicable, no retail proposed City of Palo Alto Objective Design Standards: Checklist Page 16 4 1 9 9 ☐ E. Awnings, canopies and weather protection: (i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window. (ii) Awnings may be fixed or retractable (c)(6) Other Non-Residential Ground Floors ☐(A) Ground floor height must be a minimum 14 feet floor-to-floor OR match the 2nd floor datum line of an abutting building ☐Ground floor height (minimum 14 feet): _____ feet; OR Pic k On e ☐Height of 2nd floor datum line of abutting building: _____ feet (B) Minimum of 50% transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade, providing unobstructed views into the commercial space Façade area between 4 feet and 10 feet: _____ square feet Transparent glazing area: _____ square feet ☐ Percentage of transparent glazing (minimum 50%): _____ % (C) Primary entries include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods. Weather protection width (minimum 6 feet): _____ feet☐ Weather protection depth (minimum 4 feet): _____ feet Project is 100% residential (c)(7) Parking/Loading/Utilities (A) Entry Size No more than 25% of the site frontage facing a street shall be devoted to garage openings, carports, surface parking, loading entries, or utilities access. On sites with less than 100 feet of frontage, no more than 25 feet. Site frontage: 228 feet Frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access: 129’7” ☐ Percent of frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access 56% Concession requested in accordance with state density bonus law (B) Above Ground Structured Parking City of Palo Alto Objective Design Standards: Checklist Page 17 4 1 9 9 ☐ Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, must be lined with commercial or habitable uses with a minimum depth of 20 feet No above ground parking proposed (C)&(D) Partially Sub-Grade Structured Parking ☐Partially sub-grade parking must not have an exposed façade that exceeds 5 feet in height above abutting grade at back of sidewalk. ☐Partially sub-grade parking must be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be located within 10 feet of the sub-grade parking. No sub-grade parking proposed 18.24.070 Residential Entries Pick One or More (A – E) Standard Sheet #Applicant’s Justification (b)(1) Ground Floor Unit Entries Where ground floor residential unit entries are required, one or more of the following entry types shall be provided: ☐(A) Stoop ☐(i) Stoops provide entry access for a maximum of two ground floor units. ☐(ii) Stoop heights are within one step of finished floor height of adjacent unit. ☐(iii) Stoop entry landings are a minimum 5 feet in depthChe c k A l l i f Sel e c t e d ☐(iv) The maximum stoop height from the back of sidewalk grade is 5 feet. Not Applicable, ground floor residential unit entries not required ☐(B) Porch ☐(i) Porches provide entry access for a maximum of one ground floor unit. ☐(ii) Porch heights are within one step of finished floor height of adjacent unit. ☐(iii) Porches are large enough so a 6-foot by 6-foot square can fit inside Ch e c k A l l i f Sel e c t e d ☐(iv) The maximum porch height from the back of sidewalk grade is 5 feet. Not Applicable, ground floor residential unit entries not required ☐(C) Patio Entry City of Palo Alto Objective Design Standards: Checklist Page 18 4 1 9 9 ☐(i) Patio entries provide access for a maximum of two ground floor units. ☐(ii) Patio entries are large enough so a 5-foot by 5-foot square can fit inside of the patio for each unit ☐(iii) The patio shall include at least one of the following features to define the transition between public and private space: ☐a. Row of shrubs: not exceeding 42 inches in height located between the sidewalk and the patio. One gallon size and max 3 feet on center ☐b. Fence: not to exceed 36 inches in height located between the sidewalk and the patio with a gate or fence opening to provide access Che c k A l l i f S e l e c t e d Pic k O n e o r M o r e ☐ c. Metal, Wood, or Stone Wall: not to exceed 36 inches in height located between the sidewalk and the patio with gate or opening, AND a minimum 18-inch landscape strip is located between the wall and the abutting pedestrian way and entirely landscaped Not Applicable, ground floor residential unit entries not required ☐(D) Terrace ☐(i) Terraces provide entry access for multiple ground floor units. ☐(ii) Terraces are a maximum height of 30 inches above the grade of the back of the adjacent sidewalk or accessway. Che c k A l l i f Sel e c t e d ☐(iii) Walls, fences and hedges on Terraces are a maximum of 42 inches tall and have a minimum transparency of 40 percent. Not Applicable, ground floor residential unit entries not required ☐(E) Frontage Court ☐(i) Frontage courts provide entry access for multiple ground floor units. ☐(ii) The minimum frontage court width along a primary frontage is 25 feet. ☐(iii) The maximum frontage court width along a primary frontage is 50% of the facade length or 80 feet, whichever is less. ☐(iv) The minimum Frontage Court depth is 25 feet. Che c k A l l i f S e l e c t e d ☐(v) The maximum Frontage Court depth is 50 feet or a ratio not to exceed 2:1 depth to width. Not Applicable, ground floor residential unit entries not required City of Palo Alto Objective Design Standards: Checklist Page 19 4 1 9 9 18.24.080 Open Space Check Standard Sheet #Applicant’s Justification (b)(1) Private Open Space ☐(A) Floor area includes clear space with a minimum dimension of a circle with a six- foot diameter. Not Applicable, no private open space proposed in accordance with waiver ☐(B) Minimum clear height dimension of 8’-6” feet. ☐(C) Directly accessible from a residential unit. ☐(D) Balconies are not located within the daylight plane. (b)(1)(E) Private Open Space - Ground Floor Patios ☐(i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is 8 feet for at least 75% of the area. ☐(ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is 6 feet for at least 75% of the area ☐(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4) (b)(2) Common Open Space ☐(A)&(B) Minimum 200 square feet of area. Area shall include a space with a minimum dimension of a circle with a 10-foot diameter.A0.04 Overall common open space has an area of 5,463 sf; area can accommodate an 10’ circle ☐(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features allowed A1.10A 420 sf of the common open space is covered by a trellis, leaving 92.3% open to sky ☐ (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 Not Applicable, courtyard if not enclosed ☐(E) Common open space provides seating. L1.11- L.1-13 Variety of seating shown ☐(F) Common open space has a minimum 20% of landscaping.A0.04 Façade design also includes a box-like framing feature of a City of Palo Alto Objective Design Standards: Checklist Page 20 4 1 9 9 different material/color that acts as a datum line. ☐(G) Planting in above grade courtyards has minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees._Not Applicable 18.24.090 Materials Check Standard Sheet #Applicant’s Justification ☐ (b)(1) Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed-use Material List, which may be updated from time to time by the Director of Planning with a recommendation by the ARB. See webpage for list - https://www.cityofpaloalto.org/News-Articles/Planning-and-Development- Services/Multifamily-Mixed-Use-Objective-Standards A3.14 Materials comply 18.24.100 Sustainability and Green Building Code Check Standard Sheet #Applicant’s Justification ☐ (b) See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance. A0.07 Project complies with GalGreen Tier 2 and is proposed to be all electric Buena Vista Commons3980 El Camino Real, Palo Alto, CA Submitted by: Santa Clara County Housing Authority 505 W. Julian Street San José, CA 95110 STREAMLINED HOUSING DEVELOPMENT REVIEW Updated: May 30, 2024 2 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 20241. Introduction a. Project Description Buena Vista Commons is the apartment component of a larger redevelopment occurring at the Buena Vista Mobile Home Park (Park), Palo Alto’s only mobile home park, located at 3980 El Camino Real, in the Barron Park neighborhood. Buena Vista Commons is proposed as a 61-unit apartment building, which occupies 1.69 acres of the existing 4.5 acre property. The location has been used for housing since at least the 1950s, when Buena Vista first converted from a car camp along El Camino Real to a mobile home park with spaces and hook-ups for homes. It eventually became a critical part of natural affordable housing stock in Palo Alto. Buena Vista Mobile Home Park had its last substantial renovation in 1970. As a result, the infrastructure is outdated and insufficient, the Park is overcrowded, and many homes require replacement. Buena Vista Commons is a critical part of the redevelopment that is necessary to address overcrowding at the Park and to achieve other project goals that are shared between the City, County and Housing Authority: to make substantial physical improvements, ensure financial sustainability, and maintain over 100 affordable homes. Buena Vista Commons will be deed-restricted as 100% affordable housing. The apartment will serve existing renters who live at the Buena Vista Mobile Home Park, and it will increase affordable housing opportunities to more families in Palo Alto. Among the current resident population of the Park, a 2023 income recertification found that 90% of all current households are low-income (below 80% AMI and over half of households are very low-income (below 50% AMI). The average affordability level for each home at Buena Vista Commons is expected to be below 42% of AMI. The proposed project preserves affordable housing among the Park community and helps meet the larger community need for more affordable housing in Palo Alto. Aerial illustration of Buena Vista Commons- the proposed 3-story apartment building 3 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 The location for Buena Vista Commons is an important one for more housing. It sits in the Barron Park neighborhood, which is an area that is rich in resources for families. It is less than a half-mile away from an elementary school, grocery store, public transit, and other restaurants, parks and cafes. In addition, housing costs throughout the Bay Area, including Palo Alto, have continued to skyrocket over time. Projects such as ours are critical to preserve and expand affordable housing opportunities in Palo Alto, helping maintain and increase socioeconomic and racial diversity. Immediately adjacent land uses to this site are another affordable housing property (Oak Manor Townhouses) to the west, commercial businesses to the east, and single family residential to the north. Through its design features, Buena Vista Commons will bring energy efficiency, community cohesion, and curb appeal. It will also use materials that are intended to maintain well over time. For energy efficiency, Buena Vista Commons will be all-electric, use natural flooring, use Energy Star appliances, have bicycle parking, and will be setup to accommodate electric vehicle charging. For the resident community, it will have a barbecue area, teen room, community room, and resident services offices. And compared to the built structures at Buena Vista Mobile Home Park today, the apartment will have playful angles, fresh colors, and new trees that will make it attractive to passers- by in the Palo Alto community. Barron Park neighborhood Adjacent building: Oak Manor Townhouses by Alta Housing Barron Park Elementary School Adjacent commercial building along El Camino Real 4 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 b. Project Team c. About the Santa Clara County Housing Authority (SCCHA) • Santa Clara County Housing Authority (SCCHA): Is the project developer. SCCHA is a public agency whose mission is to provide and inspire affordable housing solutions to enable low-income people and families in Santa Clara County to achieve financial stability and self-reliance. • The John Stewart Company: The John Stewart Company has been Property Manager at Buena Vista Mobile Home Park since 2020 and will remain property manager for Buena Vista Commons. They are experienced with affordable housing compliance requirements, such as annual income recertifications. • Burke, Williams & Sorensen, LLP: Real estate and land use attorneys. • Van Meter Williams Pollack LLP: Architect. • Sandis Civil Engineers: Civil Engineer. • Associated Right of Way Services, Inc.: Relocation consultant. Santa Clara County Housing Authority is a public agency whose mission is to provide and inspire affordable housing solutions to enable low-income people and families in Santa Clara County to achieve financial stability and self- reliance. It is one of the original 39 Moving to Work agencies (out of 3,200 nationwide public housing authorities), which gives it a special designation to make strategic program and policy changes. The Housing Authority was established in 1967. One of its functions is as a developer and asset manager for affordable housing. It currently owns nearly 3,500 homes throughout Santa Clara County. It has an active development pipeline of over 1,200 homes, which is through large master-plan projects, smaller development sites, and deeply mission driven developments like Buena Vista. Currently, Bellarmino Place, Alvarado Park, and the Pavilion Inn are under construction and will provide 257 affordable homes for seniors, families , and transitional aged youth in San Jose when they are completed in 2024 and 2025. Our projects have utilized various different funding sources, including private and public sources such as Low-Income Housing Tax Credits (LIHTC) and conventional loans. In addition to housing development and ownership, the Housing Authority administers federal rental assistance to over 19,000 households through the Housing Choice voucher program. 5 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 To date, we have conducted a robust community and resident engagement process, going as far back as July 2017. Community and resident engagement has been organized into three distinct phases. Phase 1 was Listening and Learning with Buena Vista residents, which took place from July 2017 through October 2022. During this phase there were town hall meetings, design exercises and surveys. The goal at that stage was to understand resident questions and needs, gather stakeholder preferences and information. Questions during this phase were things such as: “What do you love about Buena Vista today?” and “What are your hopes for the future?” The responses to those questions helped inform the initial concepts and ideas before design began in earnest. Phase 2 was Formal Community Design Engagement, which took place from October 2022 to December 2023. This is the main component of community and resident engagement that informed design. The Community Engagement Report included in the Supplemental Documents section of this Project Description further outlines this period of the engagement process. The activities that took places were town hall style meetings, small group meetings, bus tours, various written communication and other activities. Residents were informed about what changes their feedback resulted in. Phase 3 is Post-Entitlements and Construction Outreach. This phase has not yet begun, but it is part of ongoing engagement where we will continue to provide information on the development process to impacted households, inform leaders and elected officials about the development timeline, and be available for community stakeholder input. 2. Community Engagement Photos from various townhalls 6 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 The project site, 3980 El Camino Real is currently the Buena Vista Mobile Home Park. The overall site has a gross area of 4.5 Acres and is situated alongside the commercial corridor of El Camino Real. Today is contains a variety of housing types- including RVs, park model RVs, mobile homes, cottages, and a single-family home. The site also includes an amenity building comprising laundry and shower rooms, as well as a small office area. The site is located in the Barron Park neighborhood of Palo Alto, and has one street frontage along Los Robles Ave. It can also be accessed from El Camino real via an access easement on the adjacent property. Immediately north- east of the site is a multi-tenant commercial building and a Valero gas station. On the south-west side, the site is adjacent to another affordable housing property (Oak Manor Townhouses). The site abuts lower density housing developments on the north-east and across Los Robles. The site is not located in a special flood hazard area as determined by FEMA. It is located in a liquefaction zone, but not in a delineated earthquake fault zone as identified by the California Geologic Surveys regulatory Zone map of Earthquake Zones. To create the new apartment building Buena Vista Commons, the existing site will require a parcel split. The resultant 1.69 Ac parcel to the south-west is proposed as the site for the apartment building. The remainder is envisioned to continue being mobile home park- with upgraded units and new utilities. The site is currently owned by the Santa Clara County Housing Authority (SCCHA), through the subsidiary entity of Poco Way HDC. SCCHA acquired the Park in 2017, with financial contributions made by the City of Palo Alto and County of Santa Clara. 3. Project Details a. Site PROJECT DESCRIPTION Buena Vista Village is a mobile home park in Palo Alto located at 3980 El Camino Real. The lot (APN 137-11-103) is currently zoned RM-20. The property now contains a variety of housing types, including RVs, park model RVs, mobile homes, cottages, and a single-family home. This redevelopment includes replacing all units, replacing all utilities, and converting to 100% electric. The park will be redeveloped as a hybrid model that includes both coaches and a multi-family apartment building. The park will split into two parcels, with approximately two-thirds of the park remaining a mobile home park and receiving all new utilities and coaches. One-third will be redeveloped into a multi-family apartment. Rehabilitation of the existing park including approximately all new units, new office and laundry facilities, all new utilities, and new site amenities and landscaping. The 44 new occupant-owned units include 1, 2, 3 & 4BR units consisting of Park Model RVs and Manufactured Housing (mobile homes). The new 3-story apartment building consists of 61 family units- with unit sizes ranging from Junior 1BR, 1BR, 2BR and 3BR units. The project also includes a standalone building for a community room with a shared courtyard and patio spaces. Amenities in the main building include a, teen room & homework club, bike room, laundry room and storage areas. Management offices and resident services are located off a main entry and lobby. The project includes a new streetscape with new parallel parking, trees, stormwater treatment areas, sidewalk, and bike lane. A new shared driveway entrance from Los Robles will create a new main street with access for residents and visitors to both the park and the apartments. Project: Client: JOB #: SCALE: | DATE: 1/4" = 1'-0" BUENA VISTA COMMONS 3980 EL CAMINO REAL,PALO ALTO, CA 94306 SANTA CLARA COUNTYHOUSING AUTHORITY 505 W. JULIAN STREET,SAN JOSÉ, CA 95110 PROJECTDESCRIPTION SANDIS1700 S. WINCHESTER BLVD., SUITE 200CAMPBELL, CA 95008PLURAL STUDIO2742 17TH STREETSAN FRANCISCO, CA 94110MILLENNIUM DESIGN ANDCONSULTING, INC. PO BOX 737ALAMO, CA 94507 EMERALD CITY ENGINEERS,INC. 2222.1 A0.00 12/05/202350% DD CIVIL ENGINEERLANDSCAPE ARCHITECTJOINT TRENCH MEP ENGINEER PA PLANNING-ENTITLEMENTS PRE-APP 21705 HIGHWAY 99LYNNWOOD, WA 98036 ELEMENT STRUCTURALENGINEERS, INC. STRUCTURAL ENGINEER 39675 CEDAR BLVD #295CNEWARK, CA 94560 PROJECT IMAGE VICINITY MAP EL CAMINO REAL 0'300'1200'600' ALMA ST LOS ROBLES W MEADOW DR APPROVAL STAMPS RECEIVED, REVIEWED & REVISION STAMPS OVERALL SITE APARTMENT SITE ID DATE NAME PVicinity Map showing the overall site and proposed parcel split 7 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 In early 2019, SCCHA began working with Van Meter Williams Pollack LLP (VMWP) on the redesign and renovation of the Buena Vista Mobile Home Park. Through a series of evolving design challenges and iterations, the design program for the redevelopment ultimately landed on a hybrid model- including a new apartment building and a mobile home park as well as infrastructure upgrades and new amenities. b. Design Buena Vista Commons is the new apartment building piece of the redevelopment. It is currently envisioned as a 3-story building with a single street frontage along Los Robles Ave. It comprises 61 units ranging from Junior 1-BRs to 1-, 2- and 3-BR units. The apartment site also includes an internal street known as Main Street, that provides access to the mobile home park from Los Robles Ave. This will be shared between the two sites via a future access easement. The building is configured as a C-shaped building with a courtyard in the middle. The 2 wings and the courtyard help it connect to the adjacent mobile home park and create a welcoming space with amenities that will be shared by residents of both developments. The courtyard also connects across an private internal street (Street 1) to proposed recreation areas in the mobile home park. This configuration is a result of multiple design iterations and incorporating resident and stakeholder feedback- the massing was flipped around to open up to the mobile home park. The building maintains a generous 60-70’ setback from the existing property lines to the side and rear. The adjacent properties to the rear are lower density residential, and the setback is buffered with surface parking and a planting area. The ground floor includes a lobby and 2 office suites- one for onsite Property Management and another for Resident Services. The Lobby and Property Management offices are located at the entry corner at Main Street and Los Robles. This helps to address resident concerns over safety and access to the site. The ground floor also includes a spacious Teen Room that will house the Homework Club. Homework Club is an important part of the Buena Vista community and supports the kids who currently live here. There is also a Community Room located off the central courtyard. Both the Community Room and Teen Room are intended to be shared by residents of the apartment building as well as the residents of the upgraded mobile home park. Other resident amenities in the apartment building include a laundry room, bike room and a storage room. Concept view of Buena Vista Commons 8 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 Sustainability is integral to the design of Buena Vista Commons. Green building principles are a key to environmental responsibility and also help us create comfortable, high quality living spaces for future residents- many of whom will be relocating from the current mobile home park. Sustainable design will help to keep the building’s operating costs low, while also helping to keep monthly utility bills manageable for the residents. Buena Vista Commons will be designed to meet the City of Palo Alto’s Green building ordinance. For new multifamily construction, this entails CALGreen Mandatory Plus Tier 2 with local amendments. The project is also currently aiming to meet LEED for Homes- which promotes the design and construction of high-performance green homes. A combination of these two rating systems will ensure a comprehensive approach to green design that translates across design disciplines. Planned features at this time include: rooftop solar panels, EV charging, low-flow water fixtures, Energy Star appliances and biotreatment areas spread across the site. c. Sustainability The apartment building site will also include 79 surface parking spaces at the side and rear. Approx. 61% of these spaces are planned to have EV charging equipment installed at the outset, with the remaining spaces planned to be EV-ready. Rooftop solar panels are also planned for the building. The overall redevelopment plan has a thoughtful landscape design that incorporates resident feedback received over time. It aims to create communal spaces and respite areas across the site. The apartment site includes a courtyard with an outdoor BBQ area and shaded seating. In response to stakeholder feedback about the lack of trees at Buena Vista currently, plenty of planting areas with trees and planned biotreatment are shown throughout the site. In addition to incorporating feedback from residents and stakeholders, the project has been designed to respond to the City of Palo Alto’s Objective Design Standards. This entitlements package also includes the streetscape design for the complete site along Los Robles Ave. The current design shows a new sidewalk, new street parking, and planting bulb-outs, all while retaining existing underground and overhead utilities along Los Robles. New utilities serving the apartment building and the mobile home park are planned to be located along Los Robles. 9 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 Buena Vista Commons will provide 61 rental apartments comprised of a mix of studio/junior one-bedroom (with an embedded bedroom), one-bedroom, two-bedroom, and three-bedroom apartments. The apartments will have affordability restrictions at or below lower income levels, defined as 80% of the area median income. In practice, it is our intention and plan to provide the affordable units at lower income levels as determined by multiple regulatory agreements that will be held on the property including those held with the California Tax Credit Allocation Committee (CTCAC) and the tri-party regulatory agreement that is held between the City of Palo Alto, County of Santa Clara, and Santa Clara County Housing Authority. A development goal of Buena Vista is to maintain it as an affordable housing asset for the long-term, while preventing the displacement of all existing households. To that aim, any households currently residing at the Buena Vista site who are moderate or high-income will be allowed to remain, however, those units will be made available to lower income households at affordable rents after the returning households voluntarily vacate their units. This provision is codified in the tri- party regulatory agreement. The tables below show the current income limits of eligible households, based on household size, as determined by the CTCAC. The 80% of AMI incomes affording to California Department of Housing and Community Development (HCD) are included for reference, as these figures are what the City of Palo Alto uses to define “low income.” The project’s monthly rents are determined by the CTCAC to ensure that rents are affordable to the lower-income residents earning between 30% to 80% of AMI. The following table shows the range of net rents (after utilities) currently projected to be charged to residents during the first year of operations based on CTCAC’s currently published rents. We note that if the project were to receive project-based rental assistance, the rents paid by residents could be even lower, as they would only need to pay 30% of their income towards rent. d. Affordability PROPOSED MONTHLY RENTS Unit Type Monthly Rent Junior 1-Bedroom Apartment $829-2,677 1-Bedroom Apartment $882-2,677 2-Bedroom Apartment $595-3,212 3-Bedroom Apartment $1,203-3,711 10 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 The following table summarizes the income and rent restrictions that will apply to this project to receive the state density bonus. *Existing tenants at the property will be allowed to return to the apartment regardless of whether they income qualify at move-in. Those units are considered as restricted low-income units because the tri-party regulatory agreement requires that future units will be made available to lower income households at affordable rents after any initial moderate or high-income households voluntarily vacate their units. After any initial moderate or high- income households vacate their units, those units will continue be restricted as low-income units with affordable rents for at least an additional 55 years or greater. Unit Type Number of Units Unit Square Footage (approx.)Maximum Affordability Restriction* Junior 1-BR 2 490 SF 80% of AMI 1-BR Apartment 27 460-485 SF 80% of AMI 2-BR Apartment 16 700-785 SF 80% of AMI 3-BR Apartment 15 920-975 SF 80% of AMI Total Restricted Units 60 Total Non-Restricted Units (Manager)1 (2-BR Unit) TOTAL PROJECT UNITS 61 11 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 The 2030 Comprehensive Plan land-use designation for the site is “Multi-Family Residential”, and the site is currently zoned “RM-20”. As per PAMC 18.13.010: RM-20 is a low-density multiple-family residence district is intended to create, preserve and enhance areas for a mixture of single-family and multiple-family housing which is compatible with lower density and residential districts nearby, including single-family residence districts. The RM-20 residence district also serves as a transition to moderate density multiple-family districts or districts with nonresidential uses. Permitted densities in the RM-20 residence district range from eight to twenty dwelling units per acre. 4. Zoning and Development Standards a. Comprehensive Plan and Zoning Code ZONING INFORMATION COMPREHENSIVE PLAN Multi-Family Residential Allowed Uses Commercial and Retail uses that serve the immediate neighborhood, Mixed- use (housing+retail) CURRENT ZONING Zoning District: RM-20 Allowed Uses Multi-family housing compatible with lower density and residential districts nearby, including single-family residence districts [transition district]. Height Limit 30’ Max Density 20 du/ac Setbacks Front yard: 20’ Interior Side yard: 10’ Interior Rear yard: 10’ Street Side and Rear yards: 16’ Site open space 35% min. Usable open space 150 sq ft per unit min. Common open space 75 sq ft per unit min. Private open space 50 sq ft per unit min. Max FAR 0.5 Parking (Multi-family residential) 1 per micro/studio unit, 1 per 1-bedroom unit, 2 per 2-bedroom or larger unit (at least one covered). Tandem parking allowed for any unit requiring two spaces, up to a maximum of 25% of total required spaces. 1 bike parking space per unit (100% long-term) 12 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 The project uses The Housing Crisis Act (SB 330) and the California State Density Bonus Law (AB 1763). The eligibility for both laws is as described: The project meets eligibility criteria under SB 330 because it complies with the following provisions: 1. The project will replace all existing or demolished protected units. 2. The project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existing on the project site within the last five years. 3. Existing residents are allowed to occupy their units until six months before the start of construction. 4. The developer agrees to provide the affordable rental unit occupants relocation benefits and a right of first refusal for units available in the new development at an affordable rent for the household. The project meets eligibility criteria under AB 1763 because it complies with the following provisions: 1. One hundred percent of the total units are for lower income households except that 20 percent of the total units may be for moderate-income households. 2. The applicant agrees and ensures the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years. 3. For a one hundred percent affordable project, rent for 20 percent of the units shall be set at affordable rent using definitions in the Health and Safety Code, and rent for the remaining units may be regulated using rents and incomes as determined by CTCAC regulations. Note that all our waivers and concessions are in the interest of maintaining the project’s feasibility. These waivers and concessions help to reduce development costs without compromising the quality, livability, and durability of the development we will build. We have worked with our General Contractor, Nibbi Brothers Associates, to estimate impact of not receiving the waivers and concessions. In total, obtaining these waivers/concessions brings the project cost down by more than $1 million. While we understand it is disappointing to see some of the city’s objective standards relaxed, the city also benefits from the project by seeing its affordable housing stock and RHNA numbers increase because of our development. Additionally, the city can feel confident that this housing stock will remain affordable in perpetuity with the Housing Authority, the City and the County maintaining long-term control over the property. Without the waivers and concessions, it would not be possible to utilize the bonus units allowed under the state density bonus law. And, in our current moment, it is more important than ever that we closely monitor project costs and ensure we have a cost-efficient building, as funding for affordable housing developments is significantly limited at the Local and State level. Currently, there is a tri-party regulatory agreement held by the City, County, and Housing Authority. It restricts all units under an affordability covenant for 75 years from 2017. It is expected that this regulatory agreement will be amended and recast by the time of construction start, starting a new 75 year term to ensure the long-term affordability for 100% of units. b. Eligibility for Streamlining c. Regulatory Agreement 13 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 d. Modifications under State Density Bonus Law Since the residences will be 100% affordable for lower-income households, the project qualifies for an 80% density bonus, four incentives or concessions, and unlimited waivers under the State Density Bonus Law (AB 1763). The project also utilizes the by-right parking incentive associated with this law. The project seeks four concessions. Together, these concessions result in actual, identifiable cost reductions by allowing a more efficient building and site design that results in a net reduction in the cost per dwelling unit of construction. The concessions, with estimated cost savings identified. Additionally six waivers, which would otherwise prevent the development from achieving the density its allowed under the State Density Bonus Law, are identified below as well. Concession 1: Façade breaks The general contractor estimates an added cost of more than $500k to meet the design standards. Increasing the depth of façade breaks from two to four feet increases skin material cost and framing wall costs. In addition, this change might make current unit layout unrealistic, and increase the square footage of the building. Concession 2: Ground floor unit direct connection to path or common open space The general contractor estimates an added cost of approximately $350,000 to add direct connections from units to an outdoor pathway or common open space. Additionally, private open space would infringe upon the amount of common open space we can provide. Furthermore from an operations standpoint, in affordable housing, the best practice is to have a single point of entry for resident security and safety. And, considering equity, it is unfair to offer select residents’ private entries when other units cannot offer that amenity. Concession 3: Percentage of frontage dedicated to utilities/parking/driveway The general contractor estimates that changing the utility design would add more than $100k to the project budget. Reducing the available space for utilities along building’s front facade will push mechanical areas to the rear of the building, and thus increase the length of joint trench and utility lines to the street. Concession 4: Private Open Space The apartment does not have any private open space. To provide private open space for every unit, it would require balconies to be built. Each balcony adds approximately $35,000 to the project budget, according to the general contractor. On the ground floors, it will also reduce the amount of public open space that is available, and it will impact the building footprint by encroaching upon setbacks. Balconies have been proven over time to pose significant challenges in multifamily affordable projects. They add significant cost to the project, and during operations, pose several different kinds of risk: construction defects and waterproofing issues, wear and tear, and being used as storage, despite prohibitions in lease agreements, which create additional enforcement issues for management. Instead, we are providing high quality open space throughout the apartments and the mobile home park. 14 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 Waiver 1: FAR The allowed Floor-Area ratio is 0.5, however, the proposed project has a ratio of 1.00. Reducing the FAR will result in a loss of density. Waiver 2: Height We are proposing to modestly exceed the height limit. Maximum height allowed by zoning on this site is 30 feet. Buena Vista Commons proposes three stories that partially exceeds the height limit due to its parapets and stair penthouse. The parapets rise to 37 feet and six inches, when measured from the lowest adjacent grade. For Buena Vista Commons to provide the same number of units and be below the height limit, we would need to put third floor units at the lower levels. To do that, it would require widening the base of the building. As a result, the foundation would become much larger. That is not possible given the size of the parcel, thereby prohibiting the project from achieving the density it is allowed under the State Density Bonus Law. Waiver 3: Site Open Space Zoning requires that 35% of the site be open space. The proposed project has 24% allocated toward open space. Achieving the amount of open space required would decrease the size of the building, causing a loss of units. It is necessary to have this waiver to maintain the density allowed under the State Density Bonus Law. In addition, there will effectively be a shared use with the mobile home park open space, which is not contemplated in the application for the apartments. Waiver 4: Tree Canopy Cover in the Parking Area Zoning requires tree plantings to shade 50% of the parking lot surface area within 15 years. The proposed project achieves 47% tree canopy cover over surface parking area. As per the State density bonus law’s parking incentive, we are required to provide 77 parking spaces. Additionally, as per city comments, we are also required to provide 1 loading space onsite. Parking is extremely impacted at family housing properties and parking has been a consistent concern voiced by residents over time. We are currently showing 79 spaces. Increasing the canopy cover further to 50% would result in the loss of parking spaces, dropping the overall parking count to below 77- thereby impacting the number of dwelling units proposed. However, in response to ARB comments, we have made changes to improve the canopy cover from 33% in the previous iteration to 47% in the current resubmittal. Waiver 5: Reduction in Street Trees The city’s objective design standards require one street tree for every 30 linear feet of sidewalk length and located within 6 feet of the sidewalk. We are unable to provide this along the Los Robles Ave frontage due to the presence of a 10’ storm drain easement controlled by Santa Clara County Valley Water District (Valley Water). As per Valley Water comments, no trees or wooded plants may be planted in their easement area. For Parcel A, we are able to push the proposed trees out of the easement area (further than 6’ behind the proposed sidewalk). However, for Parcel B, we do not have the space to push trees out of the easement. Thus we are only able to provide 6 trees where 19 are required. Waiver 6: Private street width The city’s subdivision code requires a minimum width of 32’ for private streets that serve 5 or more lots. In this case, this requirement applies to Street 1, which will serve both the apartment building and the mobile home park. Street 1 is currently shown as 26’-6” clear. The project requests a waiver from this requirement as widening this street would reduce the footprint of the building and result in a loss of density. 15 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: May 30, 2024 The proposed project will require some amount of relocation and displacement for a number of existing households who currently live at Buena Vista Mobile Home Park. The manner in which relocation will take place has not been determined yet. A relocation plan is being developed currently. It will be circulated for public review and adopted by a public agency prior to it being applied. Displaced residents will receive any relocation benefits that they are entitled to in accordance to all State and Federal relocation law that is associated with public financing. It is a high priority to minimize impact to displaced households including ensuring that impacted children can continue to attend their current schools throughout the duration of construction. e. Relocation and Displacement Attachment G Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project plans online 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “3980 El Camino Real” and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage 3980 El Camino Real – City of Palo Alto, CA June 18, 2024 www.cityofpaloalto.org Buena Vista Mobile Home Park Redevelopment 3980 El Camino Real Presenters: Claire Raybould, AICP, Principal PlannerMelissa McDonough, Assistant to the City Manager 1 PROJECT LOCATION 2 •Amendments to existing Regulatory Agreement •Streamlined Housing Development Review to construct 100% affordable, 61- unit multi-family apartment building •1.69-acre parcel (73,711 sf) •State density bonus project •Subject to SB 330 streamlining •44 mobile homes on remaining lot to be processed through state PROJECT OVERVIEW Aerial view looking northwest from El Camino Real 3 State Density Bonus project, eligible for: •Density Bonus (80%) •Four concessions: façade breaks, ground floor unit entries, frontage dedicated to utilities and parking, private open space •Unlimited waivers (requesting 6): floor area, height, site open space, tree canopy cover, reduction in street trees, street width PROJECT OVERVIEW Rendering looking northeast from Los Robles Avenue 1 KEY DESIGN MODIFICATIONS 4 •Building Layout •Additional parking lot/perimeter landscaping •Façade refinements •Open space design •Frontage design •Private street Initial Design presented to Council February 2024 Current Design presented to Council 1 REGULATORY AGREEMENT AMENDMENTS 5 •Modify from one agreement with 100 units to two agreements with 105 units total between the agreements •Necessary for financing purposes Rendering of new apartments and shared open space looking west from drive aisle 1 RESIDENT OUTREACH BY HOUSING AUTHORITY 6 •Interactive workshops •Resident advisor 1-on-1s •Property tours •Monthly newsletters •Resident education sessions •Community-building events •Written Q&A documents responding to resident questions/concerns •Meeting with City regularly re: addressing resident concerns Aerial rendering of new apartments and shared amenity space looking west from mobile home parcel 1 NEXT STEPS 7 •Complete CEQA review (Categorical Exemption) •Tentative map PTC hearing July 2024 •Return to Council on consent August 2024 •SCCHA Submits application for tax credits August 2024 •Start construction summer 2025 18 RECOMMENDATION Staff recommends that Council: 1.Provide feedback on the development proposal; 2.Provide feedback on the proposed amendments to the regulatory agreements; and 3.Return on the August 5, 2024, consent calendar following the completion of the environmental analysis for a decision on the Streamlined Housing Development Review application and to authorize the City Manager to execute the amended Regulatory Agreements. 9www.cityofpaloalto.org Melissa McDonough, MPP Assistant to the City Manager Melissa.McDonough@cityofpaloalto.org 650-329-2533 Claire Raybould, AICP Principal Planner Claire.Raybould@cityofpaloalto.org 650-329-2116 June 18th, 2024 Preston Prince for Santa Clara County Housing Authority (SCCHA) and Fred Pollack for Van Meter Williams Pollack (VMWP) Cit y Co u n c il Me e t in g Buena Vista Commons P ro je c t Go a ls a n d Gu id in g P rin c ip le s Im p ro ve a m e n it ie s a n d u t ilit ie s P re s e rve o w n e rs h ip Ho u s in g re m a in s a ffo rd a b le Ho u s in g fo r a ll c u rre n t re s id e n t s / fa m ilie s #1 #2 #3 #4 Tw o P ro je c t s , On e h o lis t ic c o m m u n it y Shared amenity spaces Aerial view Sit e P la n : Incorporating resident feedback Homework Club Centrally located shared community room Prop mgmt office at corner to enhance site security Central courtyard connects amenities; can be used for outdoor events Courtyard connection BBQ Area Storage spaces for residentsSeparate service office Bu ild in g Fo rm : Addressing city & community feedback Increased tree planting in parking area Facade articulation refined Utilities consolidated along frontage Additional entry from Los Robles Color and Material choices refined Ae ria l Vie w Re g u la t o ry Ag re e m e n t 2017 Regulatory Agreement 2024 Proposed Changes 1.One agreement -floor of 100 affordable units 2.100% affordable after existing over-income Buena Vista resident vacate. 3.80% AMI units at 60% rents and 120% units at 110% rents. 4.Existing Residents have right to return regardless of income level. 1.Two agreements total 105 units 2.80% units at 80% AMI rents and 120% AMI units are at 120% AMI rents. 3.Removes obsolete references like leased land at “dog leg” and base rent. 4.Property transfer is allowed between entities controlled by SCCHA. 5.Existing Residents have right to return regardless of income level. Proposed changes also under review by the County. Ad d e n d u m Co m m u n it y En g a g e m e n t Se rie s Re c a p Re s id e n t En g a g e m e n t / Resident Engagement Events ●Listening + Reassurance Kickoff Town Hall meeting●Education Series on Housing Choices ●Apartments Property Tours●Co-creation Workshop ●On-site Coach Tour●Accountability / Design Updates / Continuous Engagement (ongoing) ●BV Advisor Appointments ●Website & Resident Portal Updates ●Monthly Newsletters ●Questions & Answers / Additional Community - building Events ●Ice Cream Social (June 2023) ●National Night Out (August 2023) ●Relo Plan office hours, May 2024 Arc h it e c t u ra l Are a s o f In flu e n c e Community -rooted Values (what we heard during Listening + Co - Creation phases) Areas of Influence (alterations to design based on community input) Architectural Design ●P re viou s a p a rtm e n t b u ild in g m a ssin g cre a te d a w a ll fa cin g th e m ob ile h om e p a rk ➔Ap a rtm e n t b u ild in g flip p e d a rou n d to op e n u p to m ob ile h om e p a rk ●La rg e C-sh a p e a p a rtm e n t b u ild in g m a ssin g looke d ove rw h e lm in g a n d th e re w a sn ’t e n ou g h sp a ce b e tw e e n th e p a rk a n d th e n e w a p a rtm e n ts ➔Ap a rtm e n t b u ild in g m a ssin g b roke n in to 3 p ie ce s, w ith a p ie ce of th e b u ild in g p u sh e d b a ck a w a y from th e m ob ile h om e p a rk ●Com m u n ity room isola te d in sid e th e a p a rtm e n t b u ild in g fe lt like it w a s n ot sh a re d a m on g a ll re sid e n ts ➔Com m u n ity sp a ce n ow in d e d ica te d b u ild in g , ce n tra lly-loca te d in th e cou rtya rd ●2-b e d room m ob ile h om e u n its w e re too sm a ll ➔Ne w m ob ile h om e u n its sh ow n a re m ore com p a ra b le in size to a p a rtm e n t u n its ●P rop e rty Ma n a g e m e n t sh ou ld b e a b le to m on itor w h o is com in g in a n d ou t of th e p a rk for sa fe ty ➔Ap a rtm e n t b u ild in g lob b y a n d office loca te d a t th e e n try corn e r, a lon g m a in stre e t ●Hom e w ork Clu b is a n im p orta n t p a rt of th e Bu e n a Vista com m u n ity a n d su p p orts th e kid s w h o live h e re ➔Te e n Room a d d e d n ow -ca n h ost a n d e xp a n d th e h om e w ork clu b ●Re sid e n ts m ovin g from th e p a rk to a n a p a rtm e n t w ill n e e d e xtra stora g e sp a ce .➔Stora g e sp a ce s a d d e d ●Cu rre n t m a il a re a fe e ls ve ry e xp ose d , n o p rote ction from w e a th e r ➔In d oor/cove re d m a il a re a s p la n n e d in a p a rtm e n t b u ild in g a n d m ob ile h om e p a rk ●Fa m ilie s w ith b ike s w ou ld like a b ike room for b ike stora g e so th e y ca n m a ke th e m ost of th e ir n e w a p a rtm e n t ➔Bike Room a d d e d in a p a rtm e n t b u ild in g ●Re sid e n ts m ig h t fe e l u n com forta b le w ith P rop e rty Ma n a g e m e n t office a n d Re sid e n t Se rvice s office s b e in g too close tog e th e r ➔P rop e rty Ma n a g e m e n t office a n d Re sid e n t Se rvice s office s n ow se p a ra te La n d s c a p e Are a s o f In flu e n c e Community -rooted Values (what we heard during Listening + Co - Creation phases) Areas of Influence (alterations to design based on community input) Landscape + Site Design ●Th e re a re lots of kid s in Bu e n a Vista a n d th e y n e e d a p la ce to p la y ➔P la yg rou n d n ow ce n tra l to th e site la you t ●Th e re a re lots of d og s a t Bu e n a Vista , re sid e n ts n e e d a n a re a n e a rb y w h e re th e ir d og s ca n g o ➔Dog ru n /p e t re lie f a re a n ow a d d e d (n ot n e xt to a n y u n its) ●Noisy op e n sp a ce s b e h in d m ob ile h om e u n its a re n ot p re fe rre d ➔Active op e n sp a ce s n ow loca te d ce n tra lly, n ot b e h in d a n y u n its ●Bu e n a Vista cu rre n tly d oe sn ’t h a ve m a n y tre e s ➔More p la n tin g a re a s a n d tre e s w e re a d d e d ●Ba rb e cu e w ou ld b e u se d a lot b y th e re sid e n ts a n d fa m ilie s for g a th e rin g s a n d e ve n ts ➔Ad d e d la rg e sp a ce for ou td oor BBQ a re a ●Ma n y Bu e n a Vista re sid e n ts h a ve p la n ts n ow a n d w ou ld like to con tin u e g a rd e n in g in th e fu tu re ➔Ad d e d com m u n ity g a rd e n a re a w ith fe n ce a lon g ce n tra l p e d e stria n p a th w a y ●La rg e e ve n ts like th e P osa d a a re im p orta n t to Bu e n a Vista re sid e n ts, a n d sp a ce for th e se sh ou ld e xist in th e fu tu re la you t ➔Un p rog ra m m e d /fle x cou rtya rd sp a ce p rovid e d for ou td oor com m u n ity e ve n ts ●Cu rre n tly th e re n o op e n sp a ce s or ou td oor se a tin g a t Bu e n a Vista ➔P rog ra m m e d op e n sp a ce s w ith se a tin g p la n n e d ●More lig h t a t n ig h t tim e w ou ld im p rove se cu rity a t Bu e n a Vista ➔Am p le site lig h tin g p la n n e d ●De d ica te d ya rd s w ith p riva cy a re im p orta n t to m a in ta in in th e fu tu re p a rk ➔P rovid e d p riva cy fe n cin g b e tw e e n m ob ile h om e u n its 20+ Major design moves influenced by residents Re lo c a t io n P la n Ad o p t e d o n J u n e 6 Re lo c a t io n P la n Co m m u n ic a t io n BV Draft Planning Outreach Circulate Plan for 30-day review and comment period in English and Spanish Plans available at park, park site office, community meetings, Palo Alto City Hall, SCCHA offices, County of Santa Clara, SCCHA website, resident portal. Nine days of office hours at the park to discuss the Plan with residents* Held two community meetings at the park with an interpreter to review Plan with 25 households* Incorporate community comments Present Final Plan to SCCHA Board of Commissions for consideration Draft Planning Obligations Circulate Plan for 30-day review and comment period Incorporate community comments Present Final Plan to SCCHA Board of Commissioners for consideration *Anything in blue text indicates additional support that went above and beyond legal requirements. Re lo c a t io n P la n Co m m u n ic a t io n BV Draft Planning Outreach •Notification of Entitlement in Writing at least 180*Days Prior to Required Vacate Date •Assistance Searching and Security Housing •Access to BV Advisors via Site Office Hours and As Needed Since 2023* •BV Portal for Easy Access to All Notifications and Relocation Information* Draft Planning Obligations Notification of Entitlement in Writing 90 Days Prior to Required Vacate Date Assistance Searching and Security Housing Access to BV Advisors via Site Office Hours During Active Relocation *Anything in blue text indicates additional support that went above and beyond legal requirements. Re lo c a t io n P la n Op t io n s BV Relocation Assistance for Tenants Option 1: Temporary Relocation Assistance and Return to Buena Vista Apartment Cover All Temporary Relocation Expenses Up to 24 Months* Return to an Affordable Apartment at Buena Vista* Option 2: Permanent Replacement Housing Assistance All Tenants for 42 or 60 Months If Household Is Low Income: Option for Comparable Housing Not to Exceed 30% of Gross Monthly Income If Household Qualifies: Receive a Section 8 Housing Voucher* Application Fees Relocation Assistance Obligations for Tenants Permanent Replacement Housing Assistance Difference in Comparable Rent and Utilities and Current Rent and Utilities for 42 or 60 Months If Household Is Low Income: Option for Comparable Housing Not to Exceed 30% of Gross Monthly Income Application Fees *Anything in blue text indicates additional support that went above and beyond legal requirements. Re lo c a t io n P la n Op t io n s BV Relocation Assistance for Owners Owner Option 1.Sell mobile home, move from the Park for 8 to 11 months, return and purchase new mobile home with affordable loan and space rent. Provision of a Section 8 housing voucher or similar rental subsidy to households who qualify.* Owner Option 2. Sell mobile home, move from the Park for more than 12 months, return and rent a new home (for those who completed their IHP on time. Provision of a Section 8 housing voucher to households who qualify.* Owner Option 3. Sell mobile home and move from the Park permanently. Provision of a Section 8 housing voucher to households who qualify.* Relocation Assistance Obligations for Owners Sell Mobile Home to the Housing Authority Receive Temporary Relocation Assistance and Return to Buena Vista as a Mobile Home Owner -Cover All Temporary Relocation Expenses Up to 12 Months -Return to an Affordable Apartment at Buena Vista *Anything in blue text indicates additional support that went above and beyond legal requirements. Lo c a l Ava ila b ilit y fo r Te m p o ra ry Un it s Fa m ilie s w it h Ch ild re n Ad d it io n a l En t it le m e n t s Exh ib it s Ove ra ll Sit e P la n : Cu rre n t d e s ig n Gu id in g P rin c ip le s Allo w e d He ig h t , Se t b a c k s & Da ylig h t P la n e Circ u la t io n & P a rk in g Re s u lt in g Vo lu m e Co u rt ya rd a n d Ma s s in g Apartment building flipped around to op e n u p to m ob ile h om e p a rk Ma s s in g Art ic u la t io n Bu ild in g Fo rm Bu ild in g Ele va t io n s Bu ild in g Ele va t io n s Ext e rio r Fin is h e s a n d Co lo rs Entry Corner at Los Robles Ave and Street 1 Rear Corner Eve ryo n e h a s a h o m e a t Bu e n a Vis t a ! Re s id e n t Is s u e s & SCCHA Re s p o n s e s Co m m u n ic a t io n Ba c k t o Re s id e n t s Op t io n s c a t e re d t o h o u s e h o ld t yp e s Owner Households: (those households who own their RV, coach, or mobile home) Renter Households: (those households who rent their RV, coach, or mobile home) Each household type has been offered different options There are two types of households in the park: Ho u s in g Op t io n s Option 1: Buy a new coach at the Park ●Use approx. $140,000 value for trade-in equity,and then receive a BMR loan about $250,000 to purchase a new mobile home. ●Return to a new coach with an affordable space rent and no required mortgage payment. Option 2: Sell current coach and become a renter ●Option only offered now on a case by case basis to those who income qualify for tax credits. ●Receive approx. $140,000 in cash, and then return to Buena Vista as a renter. Option 3: Choose to move from the Park permanently ●Receive approx $185,000 and leave the Park. ●Receive just compensation for current coach (average is $140,000) and a replacement housing and moving payment of between $2,500-$40,700 (payment dependent on whether family qualifies for and wants a Section 8 voucher). Housing Choices for Owners BMR Lo a n P ro g ra m Be n e fit s SCCHA is offering an opportunity to own a brand new mobile home at no cost. BMR financing is offered to avoid having residents find a loan on the private market. ●0% interest ●No monthly mortgage ●No cash down payment ●No credit check Exa m p le p u rc h a s e w it h n o -c o s t fin a n c in g EXAMP LE OW NER-TO -OW NER TRANSACTION Original Purchase Price $280,000 Prior Home Trade-in Value -$150,000 54% Balance $130,000 46% CalHome Loan $80,000 Additional SCCHA Loan $50,000 Buyer’s down payment -0- Ho u s in g Op t io n s Option 1: Rent an affordable apartment at the Park upon construction completion. ●No cash offered except for moving stipend. ●Temporary relocation for 18-21 months, any additional cost burden will be covered by SCCHA. Option 2: Choose to move from the Park permanently ●Resident offered between $9,700-167,500,depending on whether they receive a cash payment or if they qualify for/select a Section 8 voucher. ●Choose to relocate from the Park permanently. Housing Choices for Renters Fo r Ne a rly All Re s id e n t s , Un it s Are Sig n ific a n t ly La rg e r 53%: Average Increase for mobile home sizes per unit type = 400 SF = 973 SF = 720 SF = 1104 SF 44%: Ave ra g e In cre a se for a p a rtm e n t size s p e r u n it typ e Ne xt St e p s Flaherty Ward, Santa Clara County Housing Authority Mile s t o n e Sc h e d u le J u n e -Au g u s t 20 24 City Council approves development plans. Apply for PRICE program funds. Individual household meetings begin. Au g u s t 20 24 Apply for Tax Credits for apartment. Sp rin g - Su m m e r 20 25 Begin Phase 1 and 2 relocation. MHP construction commences. Sp rin g - Su m m e r 20 25 Begin Phase 3 relocation. Apartment construction commences. Q1 20 26 Completion of mobile home park construction; residents return to their homes. Q1 20 27 Completion of Apartments; residents return to their homes. THANKS! Santa Clara County Housing Authority Van Meter Williams Pollack Engage FORA From:MELODIE CHENEY To:Council, City Subject:Melodie Cheney letter of support for Buena Vista apartments Date:Monday, June 17, 2024 8:03:34 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. As a resident of Buena Vista for over 20 years, I have no intention of leaving. I was there from the beginning, helping to save the park, and I want to continue living here. When we received the initial housing options, I was one of the first to submit my choice. I even planned my retirement around the dates provided. I intend to become a renter for several medical and financial reasons once the park is completed. Here are some of those reasons: I am 66 years old and retired as of January 1, 2024. The money I receive for my home will be our nest egg for emergencies for my cat Amber and me. I'm moving from a 400 sq ft mobile home to a 700 sq ft fully ADA-accessible apartment, which has already been approved due to my medical and physical needs. This will make life easier as I age. I won't have to worry about using my savings for repairs. I just need to submit a work order to the office. The combination of mobile homes and the apartment building is a "win/win" for me. I can stay in the park and continue being a productive member of the community. I am VERY thankful for and WHOLEHEARTDELY support the apartment option provided by the housing authority. Without it, I wouldn't know where or how I would live in my retirement years. Thank you for your time and consideration. Feel free to contact me anytime. I also plan on attending the City Council meeting. Melodie Cheney 408-813-6369 ambersmon0401@comcast.net From:Alan Cochran To:Council, City Subject:Fwd: BV support letter for City Council tomorrow Date:Monday, June 17, 2024 5:22:10 PM Attachments:image001.png CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Sent from my iPhone Begin forwarded message: From: Brandi Johnson <Brandi.Johnson@scchousingauthority.org>Date: June 17, 2024 at 4:32:08 PM PDTTo: onejumpwonder@gmail.comCc: Fidel Contreras <Fidel.Contreras@scchousingauthority.org>, Kris Adhikari<Kris.Adhikari@scchousingauthority.org>Subject: BV support letter for City Council tomorrow  Hi Alan, Thanks for calling me back. Here is the drafted letter. Feel free to make any edits or add in your own words of how long you have lived at BV, etc…. Please send this to the City Clerk as a written public comment. city.council@cityofpaloalto.org Thanks so much for your help. You can call/text me with any questions. Dear Palo Alto City Council, As a resident of Buena Vista, I am writing to express support for the new development in our community. Our community is thriving, a place that families, children, and seniors call home. We want to make sure that our Buena Vista community remains safe and affordable housing in the community we all love. Affordable housing is critical to the diversity and vibrancy of our community. As a resident of Buena Vista Mobile Home Park, I believe the proposed housing development aligns with the vision for the community's future. This proposal will allow us to stay in our neighborhood, ensure our children stay in the award-winning school district, and preserve homeownership opportunities for so many. Thank you for hearing our voice. We look forward to the positive changes this will bring to our community. Sign your name here Date Buena Vista Resident Brandi Johnson (she/her) Communications Program Manager Santa Clara County Housing Authority 505 W. Julian Street San José, CA 95110 Cell 559.908.7269 brandi.johnson@scchousingauthority.org SCCHA’s mission is to provide and inspire affordable housing solutions to enable low- income people in Santa Clara County to achieve financial stability and self-reliance. NOTICE: This email message and its attachments may contain information that is confidential. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From:Jenny Cruz To:Council, City Subject:To Our City Council Date:Monday, June 17, 2024 3:38:40 PM CAUTION: This email originated from outside of the organization. Be cautious of openingattachments and clicking on links. Enviado desde mi iPhone From:SiliconValleyPI.com To:Council, City Subject:BUENA VISTA RELOCATION PLAN by Santa Clara County Housing Authority to Special City Council Meeting on 6/18/24 Date:Monday, June 17, 2024 2:11:07 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. My request of the Palo Alto City Council is in reference to Section 2.2of the Buena Vista Relocation Plan, ANTICIPATED PROJECTSCHEDULE. I propose that the City Council stipulate that theAnticipated Project Schedule be revised to eliminate the need forPhase Three Residents to relocate prior to the new manufacturedhomes being ready for occupancy, thereby imposing on them two fullhousehold moves within a six month period of time. Relocating Phase Three Residents in this way imposes an unduehardship on all residents of Phase Three and especially on thehandful of residents over the age of 75. The severe trauma that thisunnecessary move would cause to seniors and others outweighs ashort wait of six months until the new manufactured homes (whichdo not require City of Palo Alto approval) are ready for occupancyand the work to build the new apartment building can begin. Residents are aware of the historically long delays of buildingprojects requiring City of Palo Alto approval due to a variety ofreasons. I believe that the trade-off of 6 months to commencebuilding an apartment building is minimal when balanced against themultiple detrimental effects of a forced relocation followed by asecond relocation only 6 months later, not to mention the financialcosts to the Housing Authority. Please use your authority to assist the residents of Phase Three.Thank you,Ellen Gold (29 year resident/owner at Buena Vista)Ellen Gold Ellen "Paula-Drake" Gold Your SILICON VALLEY Connection! Ellen A. Gold, M.Ed., Owner & FounderPaula Drake Investigations California Lic.# PI 16813http://www.SiliconValleyPI.com 3790 El Camino Real #2001Palo Alto, CA 94306 Phone: (650) 857-9465Celebrating 30 years serving the San Jose/San Francisco Bay Area and The World! mailto:ceo@SiliconValleyPI.com http://www.PaulaDrakePI.comhttp://www.ChildCustodyCop.com http://www.SupervisedVisitationServices.com