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Home My WebLink AboutStaff Report 2407-3239CITY OF PALO ALTO CITY COUNCIL Regular Meeting Monday, August 05, 2024 Council Chambers & Hybrid 5:30 PM Agenda Item 5.PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5-acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61-unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. 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. Supplemental Report added, Public Comment City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: August 5, 2024 Report #:2407-3239 TITLE PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5-acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61-unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. 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 all of the following actions: 1. Consider the project exempt from CEQA in accordance with CEQA Guidelines Section 15332 (Infill development); 2. Approve the Streamlined Housing Development Review application to develop a 61- unit apartment building pursuant to the findings and subject to conditions of approval set forth in Attachment B; 3. Approve the associated Vesting Tentative Map application pursuant to findings and subject to conditions of approval set forth in Attachment B; and 4. Authorize the City Manager to execute the amended regulatory agreements and related documents in Attachment D. EXECUTIVE SUMMARY 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). On April 30, 2024, SCCHA submitted a separate, associated, Vesting Tentative Map application to subdivide the existing lot into two parcels. The apartment building would be developed on one of the resulting parcels, while the second lot would be rehabilitated with 44 mobiles homes. Rehabilitation of the mobile homes 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 G and the proposed Regulatory Agreements as well as the Termination Agreement for the existing Regulatory Agreement are included in Attachment C. On June 18, 2024, Council reviewed the proposed Streamlined Housing Development review application and proposed amendments to the regulatory agreement.2 Council provided feedback on these actions. This report summarizes modifications that were made in response to that direction. Additionally, this report includes information on the Vesting Tentative Map application, which has been incorporated into the proposed actions and which was not discussed in the previous Council report. It also includes a link to the documentation supporting a Class 32 (infill development) exemption in accordance with the California Environmental Quality Act (CEQA), which was not yet available prior to the last hearing. On July 10, 2024 the Planning and Transportation Commission unanimously recommended approval of the Vesting Tentative Map application. SCCHA must submit an application for tax credit funding in August, following Council approval. This funding is critical for the project. In order to be competitive for this funding, which is critical to the project financing, completion of the entitlements is needed prior to the tax credit application submittal. Upon review of this report, if the Council wishes to further discuss the report and to remove this item from the Consent Calendar, it will be scheduled for action on August 12, 2024 in order to keep to the funding application deadline. BACKGROUND Additional background information on the project is provided in the June 18, 2024 Council report. On June 18, Council directed staff to return to Council in August 2024, following the 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- reportscmrs/year-archive/2017/staff-report-8493-buena-vista-mou-amendment.pdf 2 June 18, 2024 City Council Meeting Staff Report https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=4918&meetingTemplateType=2&comp iledMeetingDocumentId=10522 completion of the environmental analysis, for a decision on the proposed Buena Vista redevelopment project, and consideration of the following: 1. Whether any trees can be preserved on Los Robles Avenue; 2. Whether a surface treatment on the pavement can reduce heat island concerns; 3. Whether larger trees or additional trees can be planted in the Mobile Home Park; 4. Whether color choices may be returned to the resident preference; 5. Pursue a Palo Alto worker resident preference; and 6. That all reasonable efforts to resolve disputes should be made to resolve disputes standing in the way of housing decisions. The analysis section of this report summarizes SCCHA’s response and modifications to the plans in accordance with Council’s direction. Planning and Transportation Commission Recommendation The Vesting Tentative Map application associated with the proposed redevelopment requires a recommendation from the Planning and Transportation Commission (PTC) and Council approval. The PTC reviewed the Vesting Tentative Map on July 10, 2024, and unanimously recommended approval of the map based on findings and subject to conditions of approval set forth in the Record of Land Use Action. 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 square feet building (0.89:1 Floor area ratio). Seventy-nine (79) parking stalls and one car loading space would be provided in accordance with code requirements. Attachment A includes a location map showing the zoning designation of the site and surrounding areas. A location map is included in Attachment A. The project description and justification of requested concessions and waivers is included in Attachment F and Attachment G shows the project plans for this development. On April 30, 2024, SCCHA submitted the application for a Vesting Tentative Map (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 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.3,4 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. 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. The project plans in Attachment G have been reviewed and recommended for approval by all relevant City departments; draft conditions of approval have been incorporated into the draft Record of Land Use Action (Attachment B). Overall, staff finds that the project conforms to plans, policies and guidelines relevant to the proposed project or otherwise requests concessions and waivers in accordance with state regulations. An analysis of consistency with the Comprehensive Plan, zoning, state density bonus regulations for the proposed SHD application is included in the previous staff report to Council. This report focuses on the SCCHA’s responses to Council’s direction from June 18, 2024 and provides additional information related to the subdivision map application, which was not summarized in the previous report. The documentation to support a categorical exemption is also complete and a link to this documentation has been provided in Attachment G. Responses to Council Direction SCCHA considered modifications to the plans and took actions in response to Council’s direction, as summarized herein. In some cases, SCCHA considered tradeoffs and presents a preferred option based on these tradeoffs. However, in its discretion, the Council may choose to explore these considerations further in a public hearing, which would be scheduled for August 12, 2024. Tree Preservation Along Los Robles Avenue An existing Valley Water easement runs along the project frontage on Los Robles Avenue and prohibits planting new trees within the easement. New tree plantings cannot be provided along this portion of the frontage without removing common open space area and/or mobile homes from the mobile home portion of the site. Council therefore asked the SCCHA to further 3 Income limits are based on annual published limits from HCD 4 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 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. evaluate whether any of the existing trees could be preserved in order to retain greenery along this frontage. SCCHA identified the trees along this frontage for removal due to impacts associated with utility trenching and the proposed sidewalk. Although sidewalks are not typical in the Barron Park neighborhood, a sidewalk is provided along this frontage to align with the existing conditions on either side of the property and across the street along Los Robles Avenue. Additionally, the sidewalk provides an ADA accessible path to transit to accommodate residents with mobility issues. This is a current issue that was raised by residents at the park. Through evaluation of the trees and the tradeoffs in response to the Council direction, the SCCHA determined that a total of five trees along the project frontage could be retained through revisions in the design; however, in evaluating the costs, likelihood of survival and other considerations raised by stakeholders, two of these five trees are now shown on the plan for retention. Specifically, two on-site trees along the project frontage could be retained with revisions to the sidewalk design around the trees. Revisions to the design to accommodate these two trees would result in the loss of two parking spaces within the right-of-way and add approximately $12,500 in cost. Although the protection of these two trees results in a minor increase in cost for the project and the loss of two parking spaces, staff and the SCCHA determined that these revisions were reasonable and feasible to help address competing concerns to retain mature trees where feasible. The other three trees are street trees. The three street trees (trees 22-24) are located on top of a City sewer line just outside the Valley Water easement and were identified as being in poor health. Revisions to the design to retain these trees would cost approximately $20,000 and would result in the loss of an additional five street parking spaces. Parking at Buena Vista has always been a resident priority and providing these new street parking spaces in addition to the on-site spaces was a way to ease concerns. Given the current health of the street trees, the City’s arborist believes that the trees may not withstand the work within their tree protection zone even if the project is designed around them. Due to the utility lines running below the tree, which limits growth options and soil volume beneath the tree, it is unlikely that the health of these trees would improve over time. Therefore, in weighing this understanding with increased project costs and loss of parking spaces the plans have not been revised to retain these three trees. Increasing the Tree Canopy The project plans have been updated with several modifications to the arborist report and landscaping plan. In reviewing the plans in more detail following the Council hearing, it was determined that several of the trees that were identified as being removed from the site were not actually planted at the site; rather they were in resident owned planter boxes and were identified for removal as they were being removed by the residents themselves during the relocation period. The arborist report was therefore revised to only reflect trees that are planted at- or surrounding the site. The total number of trees planned for removal at the site (or along the frontage) is 43. To meet the City’s requirements across the entire site, 122 total 24-inch box trees are required to be planted to replace the canopy of these 43 trees. The plans show that 130 total 24-inch box trees would be planted across the site (net increase of 87), exceeding the code requirements and the City‘s no net loss of canopy policy. Council asked the SCCHA to consider whether additional trees could be planted on the mobile home portion of the site. In response to this request, the landscape architect and the SCCHA reviewed the plans again. Although in most cases trees had already been proposed wherever they could feasibly be planted, the plans have been revised to add one additional tree in the mobile home portion of the site. Two trees that were originally planned for removal will also now be preserved along the frontage, as noted above. The project plans in Attachment G now show a planting plan for the mobile home portion of the site. The SCCHA also considered whether larger trees could be planted or revisions to the proposed species may result in better shading. The landscape architect indicated that the tree planting sizes and species that were proposed were selected based on their professional opinion on the tree size and species that would be best suited for the growing conditions of that space and therefore most likely to establish quickly and grow well. This took into account considerations such as soil volume as well as the proposed tree’s location with respect to adjacent utilities and planned structures. In response to a comment raised during the last hearing, the SCCHA also explored adding a tree in the center of the ingress/egress aisle and having the vehicular aisles go around it. However, this option was not feasible because the aisles either serve as emergency vehicle access and cannot have trees in them or are too narrow to allow for two-way traffic and a tree planting area in the middle. The SCCHA also indicated that they anticipate mobile home residents will plant on their new lots. Each individual mobile home lot includes pervious area intended for planting by residents. Reducing Heat Island Effect Council requested consideration of treatments to the surface pavement to reduce the heat island effect, which at least one member of the public noted to be a concern currently at the site. The SCCHA stated that pavement treatments would be prohibitively expensive, anticipating that it would add over $500,000 to the project cost. However, the proposed site design reduces the amount of impervious area compared to existing conditions (186,732 sf of impervious surface currently is being reduced to 159,679 sf), which also reduces the heat island effect. Pervious areas (e.g., planting and biotreatment areas) and new trees are more evenly distributed across the site and improve the canopy over paved areas, which will reduce the heat island effect. Additionally, the new mobile home units and apartment complex will have cool roofs, as required in accordance with green building code requirements, which require the roofs of structures to meet the minimum solar reflectance and thermal emittance efficiencies or solar reflectance index requirements. These new green building code standards will be met for the proposed project, thus further reducing the heat island effect. Plan Set Sheet A0.16 in Attachment G includes a graphic showing the proposed impervious areas reductions, improved tree canopy, and cool roof areas. Reinstating Resident Color Preference In response to Council direction, the SCCHA revised the apartment building color palette to be more consistent with the residents’ selected preference, as shown in the plan set in Attachment G. Pursuing Palo Alto Preference The SCCHA explored the Code of Federal Regulations, relevant case law, and relevant regulations to determine whether a Palo Alto live/work preference for Buena Vista is allowable. It was determined that due to federal funding on the project, the Department of Housing and Urban Development would require a disparate impact study to be completed in order to determine whether this language could be added to the regulatory agreement. This study could not be fully completed prior to this hearing; therefore, the following tentative language has been added to the regulatory agreement. Prior to executing and recording the regulatory agreement, a disparate impact study would be prepared and, if allowable, this language would remain in Section 7.3 of the regulatory agreement: Preference for Palo Alto Residents and Employees. In order to ensure that there is an adequate supply of affordable housing within the City of Palo Alto for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Project, Owner shall give a preference in the rental of the residential units in the [Apartment Project] [Redeveloped Park] to Eligible Households that include at least one member who lives or works in the City of Palo Alto. Notwithstanding the foregoing, in the event of a conflict between this provision and rules and regulations applicable to the [Apartment Project] [Redeveloped Park], the provisions of such rules and regulations shall control, including, if applicable, any prohibition of preferences for units receiving Section 8 assistance. Owner shall comply with City’s affirmative marketing policies or other rental policies and procedures as they may be amended from time to time to ensure that City residents and people who work in the City of Palo Alto are provided reasonable notice and opportunity to rent units in the Project. Making Reasonable Efforts Resolving Disputes Impeding Housing Decisions The SCCHA has engaged with residents to resolve disputes involving housing decisions in a number of ways, including: •Reconsidering options and looking for ways to equitably meet residents’ preferences and requests; •Providing updated appraised values to all owners as well as reviewing and considering appraisals that owners obtain from other appraisers; •Investing in regular multichannel communication, consisting of five large townhall meetings with Spanish translation services), in-person individual meetings with each household where 3rd parties were welcomed (e.g., Law Foundation representative, local pastor, relatives), small workshops on specific topics (e.g., the below-market-rate program, appraisals, the relocation plan, and the annual inspection process), five Q&A documents, holding 16 different open office hours at Buena Vista, and having an ”open door” policy with many emails and phone calls with residents; and •Considering each of the main reasons households do not make a housing selection and meeting with the specific households as well as providing parkwide communication and/or responses in writing to the household on a specific topic. The SCCHA shared with staff that since the June 18 City Council Study Session, the following progress has been made to provide clear information to Buena Vista residents: •Final offers, along with updated appraisals have been prepared in both English and Spanish and will be sent out on July 26, 2024 and are expected to be delivered to households by July 29, 2024. Preparation of these packages included, among other efforts, a third-party review •The SCCHA will begin scheduling one-on-one meetings as soon as residents receive these packages. By the August 5th Council meeting, the SCCHA’s relocation consultant has committed to meeting with as many households as they can to review their offers. This includes targeted outreach to the 23 undecided households. •Additionally, SCCHA has contacted a third party and is waiting to confirm their ability to support residents of Buena Vista with communication related to disputes standing in the way of decisions. SCCHA has noted that there are four main reasons some households have not made a housing selection. These include: 1. Wanting larger financial offers, 2. Wanting larger units/more bedrooms, 3. Wanting to split up a single household into multiple households occupying several dwelling units; and 4. Disagreement within the household on the decision and/or wanting to wait until required to make a decision in writing. Additional Information: Larger Financial Offers: The SCCHA is limited in its ability to offer more than the appraised fair market value for a home. The offer needs to be based on an appraisal to ensure equitable treatment of all residents. Offering larger financial offers for certain homes and not others is unfair to the balance of the residents who have accepted their offers based on the appraisals. Efforts to respond to this have also included: •Hosting a workshop explaining how the appraisals are done (methodology, use of comparables, etc.) and how, as a government agency, SCCHA is required to use a third- party appraisal to ensure just compensation and fairness. •Considered resident appraisals when provided. Larger Units: The SCCHA reports that households are counting spaces as bedrooms that are not actual bedrooms in form or function (e.g., hallways and closets) or are adding bedrooms to their units after the initial housing options have been presented. It must treat households equitably and cannot provide some households with larger units without providing other households the same opportunity. Another constraint to providing larger units is cost. On average, each additional bedroom adds about $100,000 to each home’s purchase price, for which the SCCHA notes it has no additional funding. On a related note, relocation law requires the SCCHA to provide comparable replacement housing. Its program is fully in compliance and in many areas exceeds requirements. The SCCHA efforts to respond to this have also included: •Touring units to confirm square footage and bedroom count. •Providing data that shows in many cases new units will have more square footage than current units. On average families are receiving more square footage: o 1-bedroom households on average are receiving 66 more square feet. o 2-bedroom households on average are receiving 247 more square feet. o 3-bedroom households on average are receiving 279 more square feet. •Providing the opportunity, relating to certain requests for reasonable accommodation, for a household to receive a larger unit in the apartment building (e.g., a 2-bedroom owner converting to a 3-bedroom renter). Splitting into Multiple Households: The SCCHA has remained open to exploring splitting households into multiple new homes because there are several multi-generational households that would like to have grandparents or extended family reside in their own unit. However, the SCCHA did an analysis of all households who have an adult member of the household who is not the head-of-household plus an assumed spouse or partner. The analysis found that the number of extra adults in each household exceeded the number of apartments available. Therefore, a program for splitting households could not be developed fairly. Each household will have the option to apply for a new apartment when they become available although the SCCHA has noted that due to Fair Housing Law, the new household would need to participate in a lottery with other future applicants. The SCCHA efforts to respond to this have also included: •Explaining how providing additional units for split households is not possible, given the site constraints and the number of households who find themselves in similar situations. •Encouraging residents to apply for vacant apartments once complete. Decision Disagreement or Delay: The SCCHA has remained in contact with and offered additional support and information to households experiencing internal disagreements or waiting until required to make a decision in writing. Additionally, the SCCHA reports they have urged these households to reconcile their differences, make an informed and balanced decision and to put their decision in writing. Overall, the SCCHA has communicated their efforts to resolve these outstanding concerns. These efforts have included outreach to each household to encourage dialogue and trust building as well as to acknowledge their outstanding issue. In each case, the SCCHA has provided detailed explanations and documentation as to why the housing offer cannot be revised both verbally and in written communications. As of the writing of this staff report, the SCCHA continues to meet with residents on their final individual housing plans, to either affirm housing decisions or assist undecided households in selecting their decisions. The SCCHA expects additional housing decisions to be made as households are presented with their final individual housing plans and offers of compensation. Vesting Tentative Map A previous report to the Planning and Transportation Commission summarizes the consistency of the proposed subdivision map with the Comprehensive Plan and municipal code requirements. A copy of that report without attachments is included in Attachment E and the full report is available online.5 The PTC unanimously recommended approval of the Vesting Tentative Map on July 10, 2024. The findings and conditions for approval of the map are included in the draft Record of Land Use Action in Attachment B. As noted in staff’s presentation during the previous Council hearing, the plans have been revised to reflect the main drive aisle as an ingress/egress easement versus a private street. Because private streets are deducted from the net lot area, the net lot area used for the purposes of calculating floor area ratio has now increased. Accordingly, the requested concession for additional floor area decreased from 1.0:1 to 0.89:1. FISCAL/RESOURCE IMPACT As noted in prior reports, in June 2016, Council authorized expenditure of $14.5 million in affordable housing funds to support the SCCHA’s acquisition of the Buena Vista Mobile Home 5 July 10, 2024 City Council Meeting Staff Report file:///S:/PLAN/PLADIV/Current%20Planning/0%20- %20Application%20Types%20and%20Approvals/Housing%20- %20Streamlined%20Projects/2024/3980%20El%20Camino%20Real/2024-0710%20PTC%20hearing/ptc-7.10- public-agenda.pdf Park for deed-restricted affordable housing. The redeveloped Buena Vista 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 SCCHA is continuing to work on the financing plan and funding applications for the apartment building and applied for Preservation & Reinvestment Initiative for Community Enhancement funds in June and intends to submit an application for tax credits in late August. In order to be competitive for tax credits, entitlements for the project must be complete. 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. Staff is presenting this report for Council approval at this time to help the SCCHA meet their funding deadline. The additional items requested by Council in June 2024 do not result in funding requests for the City though some have added costs to the SCCHA project budget. STAKEHOLDER ENGAGEMENT As detailed in prior reports, community engagement has included workshops, tours, newsletters FAQS, website updates, and community-building events. Additionally, resident engagement has had a direct influence on design of the redevelopment. Public Comments Previous comments on the project were summarized in the Council staff report. At the Council hearing in June 2024, four members of the public provided additional comments on the proposed project. Key comments from these four commenters included: •One resident who lived on site encouraged changing the design to be exclusively rental •The owner of the property across Los Robles requested access driveway be moved to a different location •One resident raised a question of a conflict of interest from an individual councilmember and asked for additional protections to ensure that the mobile homes are not removed •One resident spoke on behalf of a group of herself and five other residents expressing support for the project, asking for a Palo Alto live work preference, asked for more trees, expressed disappointment that the color palette did not reflect the resident’s preference, stated that street naming is important. She also questioned the hard deadline for declaring a choice and about transport during relocation. Council’s disclosures and discussion on June 18, 2024 touched on the comments raised during the public comment period and Council’s motion reflected a request for further consideration of trees, the color palette, a Palo Alto live work preference, and further outreach efforts related to relocation choices accordingly. Valley Water Given the existing infrastructure and easement along the project frontage, Valley Water is an important stakeholder in this project as well. Staff has discussed the proposed plans with Valley Water as they relate to work within their easement. Ultimately, refinements to the utility laterals across their easement may be needed at the building permit stage. As a condition of approval, the City’s waste-gas-water division will require potholing to confirm the in-field, as- built conditions of the infrastructure. This pre-construction work will require an encroachment permit from Valley Water. The results of the potholing will better inform the final design of the laterals, which will need to comply with Valley Water’s requirements. As outlined in the planning conditions of approval, an encroachment permit from Valley Water is required prior to any temporary or permanent work within their easement, including all above and below grade work. ENVIRONMENTAL REVIEW The project has been assessed in accordance with the Authority and the criteria of the California Environmental Quality Act. Specifically, the City, acting as the lead agency, finds the project to be exempt from CEQA in accordance with CEQA Guidelines Section 15332, which provides an exemption for infill development. Documentation to support the class 32 exemption is provided in Attachment G. The CEQA analysis considers the whole of the action, including the subdivision and redevelopment of both resulting parcels. Because this project involves federal programs, it must also be evaluated under the National Environmental Policy Act (NEPA). The City is serving as the Responsible Entity (RE) for NEPA in accordance with federal requirements. 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 being prepared in accordance with NEPA and is required to be complete prior to the release of any federal funds for the project. NEPA is not required for approval of planning entitlements. ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: 2017 Regulatory Agreement Attachment D: Proposed Regulatory Agreements and Termination Agreement for Existing Regulatory Agreement Attachment E: Staff Report to Planning and Transportation Commission for Subdivision Map Attachment F: Project Description and Waiver Justification Attachment G: Project Plans and Environmental 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 85 113 112111 110 109 108 106 105 104 103 63 65 52 4635 45 36 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 4134 4102 4085 4060 4071 4061 618 4121 4133 4010 4012 4014 4016 4022 4026 4042 4015 4011 4007 4008 4005 570 4010 5744009 3975 678 3959 630 3898 3895 3972 4020 598 3945 40254023 4021 575 573 569 4041 548 4171 4113 4111 4073 4065 4059 4085 4060 4072 4054 4040 4075 3939 3929 3870 3876 3878 3886 3941 3943 443 393 383 420 449-465 483 487 456 550 552554 594 596 568580 510 514 518 526 530 534 538 542 546 550 554 558 562 561 4109 4102 3901 3980 3990 502 506 3999 3801 3824 3998 3911 3933 4044 4025 405 4060 491 3967 522 3864 740 3935 3885 3881 3879 3875 581 571 563 553 543 3880 3850 3866 3790 3804 716 709 708 717 725 3998 685 693 4065 4070 4075 4145 617 4161 4023 663 659 637 4051 4041 40354029 578 4017 4018 4043 39603944 3924 3924B 3887 3890 3888 3886 3884 3882 3878 3880 3899 3891 3889 567 4054 4062 4080 4094 4091407540614055 4031 4040 4050 3981 460 478 4037 4045 4115 4020 4030 3890 3892 3894 3898 3916 3883 3903 3885 3877 513 3897 3839 363 343 323 380 360 340 320 300 310 3996 390 303 522 502 410 430 470 473 480 407 417 427 437 457 450 475 477 556558 560 562 564 566 570 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 Community Center 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 ALTOI N C O R P O R A T E D CAL I F O RN I A P a l o A l t o T h e C i t y o f A PR I L 1 6 1 8 9 4 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) 0160150_kb2_20240724_ay 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, 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 (future coverage of 47% where 50% is required) •Waiver 5: Reduction in Street Trees (none provided along the mobile home project frontage [due to Valley Water easement restrictions] where one per every 30 feet is required. B. On April 30, 2024, SCCHA applied for a Vesting Tentative Map for the development to subdivide one (1) existing 4.5-acre lot into two parcels (1.69-acres and 2.81 acres). The 61-unit apartment complex would be developed on the resulting 1.69-acre parcel; the 2.81-acre parcel would be redeveloped with 44 mobile home units, which would be processed through the state (“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 0160150_kb2_20240724_ay 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. 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 for the streamlined housing development review application. F. Following the Architectural Review Board hearing, the applicant resubmitted revised plans for the streamlined housing development review application 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 hearing, 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 Council staff report 0160150_kb2_20240724_ay (Staff report ID #______) 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 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 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. 0160150_kb2_20240724_ay land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. 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 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: 0160150_kb2_20240724_ay 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 61-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 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 0160150_kb2_20240724_ay (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. 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 0160150_kb2_20240724_ay 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 “Vesting Tentative Map For a Two Lot Subdivision,” consisting of three pages, stamped as received July 1, 2024, except as modified to incorporate the conditions of approval in Section 8. 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]). 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 0160150_kb2_20240724_ay 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 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 0160150_kb2_20240724_ay (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 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. STANDARD REQUIREMENTS FOR PM10 AND PM2.5 EMISSIONS. The following conditions shall be implemented during all phases of construction to control dust and exhaust at the project site in compliance with the Comprehensive Plan Policy N-5.5: •Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day. •Cover all haul trucks transporting soil, sand, and other loose material off-site. •Remove all visible mud or dirt track out onto adjacent public roads at least once per day using wet power vacuum street sweepers. The use of dry power sweeping is prohibited. •Limit all vehicle speeds on unpaved roads to 15 miles per hour. •Pave all new roadways, driveways, and sidewalks as soon as possible. •Lay building pads as soon as possible after grading unless seeding or soil binders are used. •Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 miles per hour. 0160150_kb2_20240724_ay •Wash off all trucks and equipment, including their tires, prior to leaving the site. •Post a publicly visible sign with the name and phone number of an on-site construction coordinator to contact regarding dust complaints. The on-site construction coordinator shall respond and take corrective action within 48 hours. The sign shall also provide the City’s Code Enforcement Complaints email and number and the Air District’s General Air Pollution Complaints number to ensure compliance with applicable regulations. 15. CONSTRUCTION EQUIPMENT. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 Final emission standards for particulate matter (PM10 and PM2.5), if feasible. If Tier 4 Final equipment is not available for a particular piece of equipment, then use equipment that meets U.S. EPA emission standards for Tier 3 engines and include PM emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve an 80 percent reduction in PM exhaust in comparison to uncontrolled equipment. 16. VIBRATION ANALYSIS. Prior to issuance of a demolition permit, a list of all heavy construction equipment to be used for this project known to produce high vibration levels (e.g., tracked vehicles, vibratory compaction, jackhammers, hoe rams, clam shovel drop, and vibratory roller, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds. •Smaller equipment (less than 18,000 pounds) shall be used near the property lines adjacent to sensitive buildings to minimize vibration levels to 0.3 in/sec PPV or less. For example, a smaller vibratory roller similar to a Caterpillar model CP433E vibratory compactor could be used when compacting materials within 20 feet of the adjacent conventional building. The smaller equipment intended to implement this requirement shall be individually identified among the list of equipment required under the above condition as the subset of equipment allowed for use at the property lines. •Select demolition methods that do not involve large impact tools such as hoe- rams within 20 feet of the adjacent conventional building. Portable jackhammers, saws, or grinders shall be used to minimize impacts to the ground. •Avoid dropping heavy equipment and use alternative methods for breaking up existing pavement, such as a pavement grinder, instead of dropping heavy objects, within 20 feet of the adjacent conventional building. •Designate a Disturbance Coordinator responsible for registering and investigating claims of excessive vibration. The contact information for the responsible party shall be clearly posted on the construction site. 17. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the two trees proposed 0160150_kb2_20240724_ay to be removed is required in accordance with Chapter 8 of the municipal code and the City’s Tree Technical Manual. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 0160150_kb2_20240724_ay 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 25. 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 26. 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. 27. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 28. 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 or similar: “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.” 29. ROUGH GRADING. provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc. 30. CIVIL ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan. 31. SOILS ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the 0160150_kb2_20240724_ay soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use. 32. 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”. 33. SWPPP. This proposed development will disturb more than one acre of land. Accordingly, the applicant shall apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post-development project design features and temporary measures employed during construction. 34. 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. 35. 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. 36. STORMWATER POLLUTION PREVENTION. All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 37. 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. 38. SUBMIT THE FOLLOWING: a. Stamped and signed C.3 data form (April 2023 version) from SCVURPPP. 0160150_kb2_20240724_ay 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. 39. 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. 40. 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.16. 41. EXISTING EASEMENTS: Provide documentation showing approval from the entities affected by the onsite easements to verify that the work within said easements is permitted. 42. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is required to paint “No Dumping/Flows to Barron Creek” in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. WASTE-GAS-WATER UTILITIES The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, or Encroachment Permit: 43. The applicant must pothole and submit profiles of the water & fire services and wastewater lateral installations crossing the existing 66” storm line meeting the California Plumbing Code, CPAU WGW design standards, and Santa Clara Valley Water District (SCVWD) design standards to SCVWD for review and approval. SCVWD approved design must be provided to CPAU WGW Engineering prior to submittal for any building, grading, or street permits (except permits for exploratory potholing). Design changes to the proposed city water/fire/irrigation services and/or sewer laterals and/or the onsite water and sewer system and/or off-site/on-site grading may be required based on the in-field, as built conditions of Valley Water infrastructure. 0160150_kb2_20240724_ay PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required) 44. The applicant shall submit a request to disconnect utility services and remove meters. The utilities demo to be processed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. The existing water meter boxes and boxes for city clean-outs must be protected in place until the services are disconnected at the mains during the new service installations. FOR BUILDING PERMIT 45. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 46. The applicant shall 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, 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. 47. 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). 48. 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 49. 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. 50. 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 0160150_kb2_20240724_ay 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 owned meter, within 5’ (feet) of the property line or City Right of Way. 51. 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. 52. 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. 53. All existing water, gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 54. 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. 55. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for fire system including all fire department's requirements prior to the actual service installation. 56. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater. PUBLIC WORKS ELECTRIC UTILITIES 57. 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. 58. 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. 0160150_kb2_20240724_ay 59. 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. 60. 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. 61. 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. 62. 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. 63. 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. PUBLIC WORKS ZERO WASTE 64. 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. 65. 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. 0160150_kb2_20240724_ay 66. 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 67. 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 68. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall be revised to reflect the following: a. Include quantities of each tree species in the planting schedule with a corresponding abbreviation of the species which can be found on the planting plan. b. The final species selection during Building permit phase must maximize the canopy by replacing the proposed Acer rubrum columnar with a non- fastigiate tree species. 69. MWELO COMPLIANCE. As part of the building permit, provide the proposed square footage of the rehabilitated landscape to determine if the project requires a MWELO compliance review. Please see the document titled “Model Water Efficient Landscape Ordinance (MWELO) Compliance Submittals and Guidelines” (https://cityofpaloalto.org/civicax/filebank/documents/76159) to determine if the project qualifies for MWELO Review. If a MWELO review is required, please follow the instructions in the above document when submitting your permit application and plan set. DURING CONSTRUCTION 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 0160150_kb2_20240724_ay 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. 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. 65. 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. 66. 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. 67. NO NET LOSS OF CANOPY. In order to comply with the city’s no net loss of canopy policy (Urban Forest Master Plan: Goals 6.A, 6.B & 6.C & Comprehensive Plan Natural Environment Chapter: Goal N-2 and others) all trees 4” DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3-1 in the Tree Technical Manual (Section 3.20.C). New landscape tree plantings (24” box or larger) count towards the replacement total. Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in-lieu fees of $650 per each 24” box tree into the forestry fund. 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 0160150_kb2_20240724_ay replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. 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. 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. 3. 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 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 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 0160150_kb2_20240724_ay 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. 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. 0160150_kb2_20240724_ay 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. 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. 11. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 12. 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.” 0160150_kb2_20240724_ay 13. 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”. 14. SWPPP. If the proposed development will disturb more than one acre of land. The applicant shall apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post- development project design features and temporary measures employed during construction. 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. 17. STORMWATER POLLUTION PREVENTION. All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 18. 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. Submit the following: 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. 0160150_kb2_20240724_ay 19. 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. 20. 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. 21. IMPERVIOUS SURFACE AREA. The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 22. EXISTING EASEMENTS. Provide documentation showing approval from the entities (such as Valley Water) affected by the onsite easements to verify that the work within said easements is permitted. 23. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO). The applicant is required to paint “No Dumping/Flows _________Creek” in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. 24. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (RECORD DRAWINGS). At the conclusion of the project applicant shall provide digital as-built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. SECTION 9. Terms of Approval. 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 0160150_kb2_20240724_ay 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. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ ___________________________ 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 July 19, 2024. Those plans prepared by Sandis Engineers titled “Vesting Tentative Map for a Two Lot Subdivision” consisting of three pages, dated July 2024 and submitted July 1, 2024. FIRST AMERICAN TITLE COMPANY ESCROW NO: NCS—g t`igle(T1) 23766007 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Executive Director EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§8103, 27383 Regina Alcomendras Santa Clara County - Clerk -Recorder 09/29/2017 03:39 PM TitIes: 2 Pages: 25 Fees: $0.00 Taxes: $0.00 Total: $0.00 1111 II1Ridr,:..107 , kgpell,11111 APNs: 137-12-001, 137-11-102(ptn), 137-11-071(ptn) Space above this line for Recorder's use. AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS by and among THE SANTA CLARA COUNTY HOUSING AUTHORITY, THE CITY OF PALO ALTO, and THE COUNTY OF SANTA CLARA Non -Order Search Doc: CASCLR:23766007 Page 1 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 2 of 25 This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this "Agreement") is entered into effective as of Sept. 29 , 2017 ("Effective Date") by and among the Santa Clara County Housing Authority, a public body, corporate and politic ("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, or as of the Effective Date shall be 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 ("Park"), known as Assessor's Parcel Nos. 137-12-001, 137-11-102(ptn), 137-11- 071(ptn), and more particularly described in Exhibit A attached hereto (the "Fee Property"). In addition, for a three-year term commencing on the Effective Date, Owner will hold a leasehold interest in certain property located immediately adjacent to the Fee Property (the "Leased Property") pursuant to a lease dated as of the Effective Date and executed by and between Owner and Toufic Jisser, as Trustee of the Toufic and Eva Jisser Revocable Trust, Dated October 16, 2000 (the "Lease"). A Memorandum of the Lease will be recorded in the Official Records of Santa Clara County substantially concurrently herewith. The Buena Vista Mobile Home Park is one of the few existing sites of moderate cost housing in the City, and includes approximately 104 mobile homes, 12 studio units, and one single family home. Of these, as of the Effective Date, eight (8) mobilehomes and two (2) studio units are located on the Leased Property. Prior to the termination of the Lease, Owner or its assignee will relocate the residents occupying the units located on the Leased Property. B. The City, the County, and the Owner have each agreed to contribute certain funds to finance the acquisition and improvement of the Fee Property (the "Financing"). C. The Parties have agreed that the Fee Property will be owned, operated and maintained subject to a recorded restriction that requires Owner and its successors in interest to use the Fee 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. The Parties further agree that for so long as Owner or Owner's assignee holds a leasehold interest in the Leased Property, the Leased Property will be subject to the affordability requirements and covenants set forth in this Agreement; provided however, this Agreement will be recorded against the Fee Property only. As used in this Agreement, the term "Property" shall collectively mean the Fee Property and the Leased Property for so long as Owner or its assignee hold a leasehold interest in the Leased Property. Commencing upon the termination of the Lease, the term "Property" shall mean only the Fee Property. D. 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 2 Non -Order Search Doc: CASCLR:23766007 Page 2 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 3 of 25 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. 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. 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 (1.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 Resident Households on a non -optional basis: Beginning on the Effective Date of this Agreement and continuing for thirty-six (36) months thereafter: the Base Rent. Subject to Section 2.2 below, beginning with the thirty-seventh (37th) month after the Effective Date and continuing throughout the remaining Term of this Agreement, Affordable Rent will be defined to mean the following amounts, less a utility allowance and other fees and charges required to be paid by Resident Households on a non -optional basis: (I) for Dwelling Units and Mobilehomes/Mobilehome Spaces occupied 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 and Mobilehomes/Mobilehome Spaces occupied 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, 3 Non -Order Search Doc: CASCLR:23766007 Page 3 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 4 of 25 (iii) for Dwelling Units and MobilehomeslMobilehome Spaces occupied 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 sixty percent (60%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit; and (iv) for Dwelling Units and MobilehomeslMobilehome Spaces occupied 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 ten percent (110%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit. For Resident Households who own and occupy a Mobilehome for which the Resident Household is making Mortgage Payments, the following charges will also be deducted in determining Affordable Rent: Mortgage Payments and property taxes, assessments, and insurance premiums payable by the Resident Household for the Mobilehome. "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. "Base Rent" means the monthly rent payable by a Resident Household as of the Effective Date for the rental of a Dwelling Unit, a Mobilehome Space, or both a Mobilehome and Mobilehome Space, as applicable. "Dwelling Unit" means (i) the twelve (12) apartments and one (1) single family home, and any future replacement or other apartments or stick built homes, and (ii) any Mobilehome that is rented by a Resident Household from Owner , Owner's Agent, or the Authority. "Eligible Household" means a household whose Gross Income does not exceed eighty percent (80%) of Area Median Income. "Existing Residents" means Resident Households who reside on the Property 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. 4 Non -Order Search Doc: CASCLR:23766007 Page 4 of 25 Requested By: t.moralez, Printed: 1 0/31201 7 2:27 PM DOC #23766007 Page 5 of 25 "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 and Occupancy Certification" shall mean the initial and/or annual income certification documentation required pursuant to Section 2 of this Agreement. "Manufactured Home" means a structure located on the Property that was constructed on or after June 15, 1976 and in compliance with the criteria set forth in California Health and Safety Code section 18007. "Mobilehome" means a mobilehome located on the Property that was constructed prior to June 15, 1976 and in compliance with the criteria set forth in California Health and Safety Code section 18008 or a Manufactured Home. "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 payable to a commercial financial institution and secured by the Resident Household's Mobilehome located on the Property as of the Effective Date. To qualify as a Mortgage Payment, 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. "MRL" means the Mobilehome Residency Law, California Civil Code sections 798 et seq, and related regulations, as amended or its successor. "New Resident" means a Resident Household first residing on the Property after the Effective Date. "Owner Mobilehome" means any Mobilehome owned by the Owner or Owner's Agent, located on the Property, and rented to a Resident Household. "Rent" means the total of monthly payments payable by a Resident Household for the use and occupancy of a Dwelling Unit and/or a Mobilehome Space. "Resident Household" means a household, including Existing Residents, that resides in a Mobilehome or a Dwelling Unit located in the Park. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Property shall be used solely for the operation of affordable housing in compliance with the requirements set forth herein. 5 Non -Order Search Doc: CASCLR:23766007 Page 5 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 6 of 25 2.1 Affordability Requirements. For a term of seventy-five (75) years commencing upon the Effective Date, all of the Dwelling Units and Mobilehome Spaces located on the Property (with the exception of those designated for property managers) shall be restricted for occupancy at Affordable Rents by Eligible Households. At all times during the term of this Agreement and subject to Section 2.2 below, when a Dwelling Unit or Mobilehome Space becomes vacant, such Dwelling Unit or Mobilehome Space shall be made available to, rented and occupied by households to satisfy the following: (a) no less than 40% of the total number of Dwelling Units and Mobilehome Spaces (with the exception of those designated for property managers) shall be made available to, rented and occupied by households with incomes of not more than thirty (30%) of AMI, (b) no less than 40% of the total number of Dwelling Units and Mobilehome Spaces (with the exception of those designated for property managers) shall be made available to, rented and occupied by households with incomes of not more than fifty (50%) of AMI, and (c) the remainder of the Dwelling Units and Mobilehome Spaces (with the exception of those designated for property managers) shall be made available to, rented and occupied by households with incomes of not more than eighty percent (80%) of AMI. 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 Property. 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. Under no circumstances shall the affordability requirements exceed 80% of AMI. 2.2 Continuation of Base Rent. Notwithstanding any contrary provision of this Agreement, Owner may extend the time that it will charge Base Rent for the Dwelling Units and Mobilehome Spaces located on the Property, beyond the first 36 months following the Effective Date, for up to two additional years if required to maintain the financial feasibility of the Property. Owner shall provide written notice of its intention to exercise this option to the City and County no later than the 30th month following the Effective Date. 2.3 Increases in Household Incomes: Filling of Vacancies. lf, upon annual recertification of Gross Household Incomes, Owner determines that the percentage requirements in Section 2.1 above have not been satisfied on a Property -wide basis, Owner shall offer the next available vacant Dwelling Unit or Mobilehome Space to a household in the appropriate income category until the requirements of Section 2.1 are satisfied. 2.4 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. 6 Non -Order Search Doc: CASCLR:23766007 Page 6 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 7 of 25 2.5 Existing Residents. Notwithstanding anything to the contrary contained herein, Existing Residents who do not qualify as an Eligible Household as of the Effective Date because their Gross Household Income is more than eighty percent (80%) but less than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space at an Affordable Rent until: a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, as applicable, or b) the tenancy is terminated consistent with the requirements of the MRL. Furthermore, Existing Residents who do not qualify as an Eligible Household as of the Effective Date because their Gross Household Income is equal to or more than one hundred twenty percent (120%) of Area Median Income shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space until: (a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, as applicable, or (b) the tenancy is terminated consistent with the requirements of the MRL; provided however, upon written notice in accordance with Section 2.12 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.6 Initial Income and Occupancy Certification. Prior to or immediately after the Effective Date, all Resident Households shall provide to Owner, within the timeframe specified by Owner, an initial Income and Occupancy Certification. All New Residents must provide a completed Income and Occupancy Certification to Owner to enable Owner to determine whether the applicant household is an Eligible Household. All New Residents must be Eligible Households. 2.7 Annual Income and Occupancy_ Certification Requirement. Each Resident Household shall be required to provide an Income and Occupancy Certification annually while residing at the Property. 2.8 Failure to Comply with Initial or Annual Income and Occupancy Certification. A Resident Household's failure and/or refusal to provide an initial or annual Income and Occupancy Certification will be considered a breach of such household's lease or rental agreement, and may result in the loss of the right to occupancy within the Property. 2.9 Income and Occupancy Certification. Each Resident Household shall provide an initial and an annual Income and Occupancy Certification that at a minimum contains the information and documentation described in this Section for each household member over the age of eighteen years old residing on the Property. For the initial and the annual Income and Occupancy Certification, Owner shall verify each Resident Household's income by requesting and reviewing the following: (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; (vi) the most recent of any and all bank account statements 7 Non -Order Search Doc: CASCLR:23766007 Page 7 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 8 of 25 and/or any other financial account statements; and (vii) other verification and documentation as required by the Owner. 2.10 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 one hundred twenty percent (120%) of Area Median Income, such household shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space on the Property at Affordable Rent until: a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, or b) the tenancy is terminated consistent with the requirements of the MRL. (b) If the Gross Household Income of a Resident Household is determined to have increased to be equal to or more than one hundred and twenty percent (120%) of Area Median Income, such household shall be permitted to continue to rent or lease a Dwelling Unit or Mobilehome Space on the Property until: a) the household voluntarily vacates the Dwelling Unit or Mobilehome Space, or b) the tenancy is terminated consistent with the requirements of the lease agreement or MRL, whichever is applicable; provided however, upon written notice in accordance with Section 2.12 of this Agreement, Owner may adjust the rent charged to such household to up to fair market rent. 2.11 Determination of Rental Amounts. The Owner shall determine the Rent payable by each Resident Household. Upon determination of the rental amounts, the Owner shall provide the calculations and the amounts for each household to the City and County for its review. The City and County shall have thirty (30) days to review the rental amounts and either, in writing, object to the amounts or question the amounts. All Parties agree to resolve any issues related to the rental amounts as expeditiously as possible. 2.12 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 MRL, the Palo Alto Municipal Code, and any other applicable State or local requirements. 2.13 Managers' Units. Up to two (2) Dwelling Units or Mobilehome Spaces on the Property may be used for resident managers, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement. 3. Owner Occupancy Requirements for Resident Households. All Resident Households shall be required to occupy their Dwelling Unit or Mobilehome as their principal place of residence, and shall not be permitted to rent -out or sublease their Mobilehome or Dwelling Unit, except as permitted under the MRL. All New Residents shall be required to sign a certificate stating their intent to occupy their Dwelling Unit or Mobilehome as their principal place of residence prior to execution of a rental or lease agreement. Notwithstanding anything contained to the contrary herein, Existing 8 Non -Order Search Doc: CASCLR:23766007 Page 8 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 9 of 25 Residents that reside in Mobilehomes that they do not own and that are not Owner Mobilehomes as of the Effective Date, shall be permitted to continue in occupancy of such Mobilehome pursuant to their existing agreement with the owner of the Mobilehome. 4. Rehabilitation or Construction of Improvements to Property. Owner shall invest or cause to be invested at least $10 million in rehabilitation or construction of improvements to the Property within 36 months of the Effective Date of this Agreement; provided however, this deadline may be extended by an additional 36 months upon written consent of the City and County if Owner reasonably demonstrates that delay is necessary due to site conditions or other constraints. Owner shall maintain a minimum of 100 residential units or Mobilehome Spaces on the Property that will be available for occupancy by Eligible Households at Affordable Rents. Any proposal to replace more than 12 Mobilehome Spaces on the Property with any permanent built structure after the Effective Date shall be reviewed and approved by the City and County prior to the filing of any permit application. 4.1 Owner shall obtain all necessary permits and approvals for rehabilitation or construction or improvements to the Property, as required by federal and state law, and 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. 5.1 Due to the physical condition of the Property, including without limitation, common area improvements, the Dwelling Units, and Mobilehomes, it is anticipated that repairs, replacements, maintenance and improvements will be required. The impact of the improvements on the ability of Resident Households to remain on the Property is not known as of the Effective Date but may require the relocation of Resident Households for varying periods of time. 5,2 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. Ail 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. 9 Non -Order Search Doc: CASCLR:23766007 Page 9 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 10 of 25 5.3 Resident Households first residing on the Property after the Effective Date but prior to delivery of any notice relating to displacement shall receive all notices, benefits and assistance to which they are entitled as set forth in Section 5.2 hereinabove. 5.4 All Resident Households shall have the right to return to the Property after any temporary relocation necessary for the repair, replacement, maintenance, or improvement of the Property. 5.5 Following the expiration or termination of this Agreement, persons residing on the Property on the date of such expiration or termination shall receive all notices, benefits and assistance to which they are entitled as set forth in Section 5.2 hereinabove. This provision shall survive the expiration or termination of this Agreement until full performance thereof. 6. Owner's Reporting Obligations to the City and County. 6.1 An Annual Report, as described below, shall be submitted to the City and the County no less than sixty (60) days prior to the close of each Fiscal Year. (a) Annual Report. The Owner shall submit to the City and the County an Annual Report which includes the following: 1) A listing of all occupied Mobilehome Spaces and Dwelling Units, the income and size of each Resident Household occupying a Mobilehome Space or Dwelling Unit, the actual rent paid and the projected rent increase for the Mobilehome Space or Dwelling Unit; 2) A listing of all Mobilehome Spaces and Dwelling Units occupied by Resident Households whose Gross Household Income is equal to or more than one hundred twenty percent (120%) of Area Median Income; 3) The initial and annual certification and recertification of each Resident Household's Gross Household Income, cost verification and rent calculations; 4) The annual primary residence occupancy verification, if separate from the income certification and recertifications; 5) List of all New Residents, the income and household size, ages and relationships of such households, and copies of the income certifications and certification that the New Residents intend to occupy the Mobilehome Space or Dwelling Unit as their principal place of residency; and 6) The report shall state, in addition to the above, the date the occupancy commenced, the initial rental rate, if a Mobilehome was purchased, then the purchase price paid by the New Resident for the Mobilehome (if said information is available) 10 Non -Order Search Doc: CASCLR:23766007 Page 10 of 25 Requested By: t.moralez, Printed: 101312017 2:27 PM DOC #23766007 Page 11 of 25 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) The Owner shall maintain complete, accurate and current records pertaining to the Mobilehome Spaces, Dwelling Units and the Property, and shall permit any duly authorized representative of the City or County to inspect 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. (b) The Owner shall also maintain records which include copies of income certificates, cost verifications and rent calculations for all Resident Households as well as all Property financial, management and maintenance records. (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 Compliance with All Agreements. The Owner and Owner's agent shall comply with all the terms and provisions of this Agreement. 7.3 Non -Discrimination; Compliance with Fair Housing Laws. 7.3.1 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 and Mobilehome Spaces located on the Property. Owner shall accept as tenants, on the 11 Non -Order Search Doc: CASCLR:23766007 Page 11 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 12 of 25 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. 7.3.2 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. Prooertv 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 initially approved by the City and County in their reasonable discretion to perform its management duties hereunder. A resident manager shall also be retained, if required by law or by Owner. The City and the County hereby approve: (i) the grant by Owner of a leasehold interest in the Property to the Caritas Corporation, a California nonprofit public benefit corporation ("Caritas") or a wholly -controlled affiliate of Caritas, and (ii) Caritas' or such affiliate's engagement of Birtcher Anderson Realty Management, Inc., a California corporation, as a property management company for the Property. 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. 12 Non -Order Search Doc: CASCLR:23766007 Page 12 of 25 Requested By: t.moralez, Printed: 1013/2017 2:27 PM DOC #23766007 Page 13 of 25 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 acquisition of the Property, relocation of Property tenants, temporary relocation and construction of improvements on the Property, and operation or maintenance of the Property, excepting only loss, injury or damage caused by the negligence or willful misconduct of the County and 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. Term of Agreement. 10.1 Term of Restrictions. This Agreement shall remain in effect through Sept. 29 , 2092, which date is the 75th anniversary of the Effective Date. 10.2 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full term hereof regardless of any sale, assignment, transfer, or conveyance of the Property or any part thereof or interest therein. 10.3 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 13 Non -Order Search Doc: CASCLR:23766007 Page 13 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 14 of 25 expiration of the term. Upon request, upon termination of the Lease, the Parties agree to execute and record a release and reconveyance of this Agreement as to the Leased Property. 11. 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, "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 11 shall survive the termination or assignment of this Agreement and shall remain binding on all Parties notwithstanding the Agreement's termination or assignment: 12. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Fee 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 Fee Property or any part thereof or interest therein. Any successor -in -interest to Owner, including without limitation any purchaser, transferee or lessee of the Fee 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 Fee 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. Notwithstanding any contrary provision hereof, 14 Non -Order Search Doc: CASCLR:23766007 Page 14 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 15 of 25 the Parties each acknowledge and agree that the affordability restrictions and other covenants set forth in this Agreement shall be binding upon the Leased Parcel until the date the Lease is terminated. 13. Recordation. This Agreement shall be recorded against the Fee Property in the Official Records of Santa Clara County. 14. 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 Fee 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. 15. 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. 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; (11) 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: James Keene, City Manager 15 Non -Order Search Doc: CASCLR:23766007 Page 15 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 16 of 25 With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: Beth Minor, City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: Hillary Gitelman, Director of Planning and Community Environment County: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor San Jose, CA 95110 Attention: Jeff Smith, County Executive With a copy to: County of Santa Clara 70 W. Hedding Street, East Wing, 10th floor San Jose, CA 95110 Attention: Megan Doyle, Clerk of the Board of Supervisors County of Santa Clara Office of Supportive Housing 3180 Newberry Drive, Suite 150 San Jose, CA 95118 Attention: Ky Le, Director Owner: c/o Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Katherine Harasz, 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 Non -Order Search Doc: CASCLR:23766007 Page 16 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 17 of 25 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. 16.10 Assignment. The City and County agree to approve assignments of this Agreement to: (e) a limited partnership whose general partner is a nonprofit public benefit corporation or a limited liability company that is controlled by or affiliated with Owner, or (b) a nonprofit public benefit corporation controlled by or affiliated with Owner, provided the City and County shall have approved the formation documents of the transferee and the executed assignment and assumption agreements between Owner and the transferee, in the reasonable discretion of the City and County. The City and County hereby approve the assignment of all of Owner's rights and obligations under this Agreement to Poco Way HDC, Inc., a California nonprofit public benefit corporation. SIGNATURES ON FOLLOWING PAGES. 17 Non -Order Search Doc: CASCLR:23766007 Page 17 of 25 Requested By: t.moralez, Printed: 101312017 2:27 PM DOC #23766007 Page 18 of 25 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 SIGNED IN By: COt INTFRPART James Keene, City Manager SIGNED IN Attest: COUNTERPART Beth Minor, City Clerk Approved as to form: SIGNED IN COUNTERPART Molly S. Stump, City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Ky Le, Director, Office of Supportive Housing Approyd asn to rm and legality: Elizabeth G. Pianca, Lead Deputy County Counsel OWNER: Santa Clara CounDiagiiskg Authority, a public body corporate and politic By: COUNTERPART Katherine Harasz, Executive Director Approved as to form: SIGNED IN COUNTERPART Brian Doyle, General Counsel 18 Non -Order Search Doc: CASCLR:23766007 Page 18 of 25 Requested By: t.moralez, Printed: 1013/2017 2:27 PM DOC #23766007 Page 19 of 25 Attest: 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 P By: a municipal corporation ..-- Ed Shikada, Acting City Manager on behalf of James Keene, City Manager Attest: ,-.._, Beth Minor, City Clerk Approved to fo Molly S. Stump, City ttorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: SIGNED IN Ky Le, Director,, ice o�Supportive Housing SIGNED IN COUNTERPART Megan Doyle, Clerk of the Board of Supervisors Approved as to fort , e ility: COUNTERPART Elizabeth G. Pianca, Lead Deputy County Counsel OWNER: Santa Clara County Housing Authority, a public body corporate and politic SIGNED IN By: COUNTERPART Katherine Harasz, Executive Director Approved as to form: SIGNED IN COUNTERPART Brian Doyle, General Counsel 18 Non -Order Search Doc: CASCLR:23766007 Page 19 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 20 of 25 Attest: 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 SIGNED IN By: COUNTERPART James Keene, City Manager SIGNED IN COUNTERPART Beth Minor, City Clerk Approved as to form: SIGNED IN COUNTERPART Molly S. Stump, City Attorney COUNTY: COUNTY OF SANTA CLARA, a political subdivision of the State of California SIGNED IN By: COUNTERPART Ky Le, Director, Office of Supportive Housing Approved as to fgfffgegality: COUNTERPART Elizabeth G. Pianca, Lead Deputy County Counsel OWNER: Santa Clara o ty.Housing ority, a public body corporate and politic By: Katherine Harasz, Executive Dire for Approved a to form: Bri Doyle, Gene I Counsel 18 Non -Order Search Doc: CASCLR:23766007 Page 20 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 21 of 25 ACKNOWLEDGMENT 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. State of California ) ss County of Santa Clara On . .s4Qfo20// , before me (r tt\P (Name of Notary) notary public, personally appeared , , who proved to me on the basis of satisfactory evidence to be the persortwhose nam 'j is are subscribed to the within instrument and acknowledged to me thatOPshe/they executed the same in 11ier/their authorized capacitykg), and that b} ii !her/their signature f on the instrument ,the person00, or the entity upon behalf of which the persons' 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) 19 BETH D.111101 _ COMM. 02152569 z �,"�.= Notary Public • Gtifomla o a \ x^ ./ Santa Clara County Con es - it 2020 Non -Order Search Doc: CASCLR:23766007 Page 21 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 22 of 25 ACKNOWLEDGMENT 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. State of California ) ss County of Santa Clara On S*. '�7, 2D 17 , before me, bc±,{lorlps (Name of Notary) notary public, personally appeared k- IQ/ who proved to me on the basis of satisfactdry evidence to be the person0 whose name(16 is/arm. subscribed to the within instrument and acknowledged to me that he/shek ey executed the same in his/her/their authorized capacity(i ), and that by his/her -,their signature0 on the instrument the person!), or the entity upon behalf of which the person(0 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 end official eal. (Notary Signature) 19 • 400.L NEENA R. BATALLRT1 ;a1. ( (u COMM. NO. 2133685 NOTARY PUBLIC - CALIFORNIA ;r N.,..+.' ' SANTA CLARA COUNTY ) MY COMM. EXPIRES NOV. 12, 2019 -1- "- McEMR, BATALLON� E5 COMM. NO, 2133685 = NOTARY PUBLIC - CALIFORNIA co SANTA CLARA COUNTY w ) MY COMM, EXPIRES NOV.12, 2019 ( Non -Order Search Doc: CASCLR:23766007 Page 22 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 23 of 25 ACKNOWLEDGMENT 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. State of California County of Santa Clara On September 26, 2017 before me, H. Nguyen, notary public (insert name and title of the officer) personally appeared Katherine Harasz who proved to me on the basis of satisfactory evidence to be the pers whose name(s si fare subsc 'bed to the within instrument and acknowledge • me that h they executed the same in hi er eir authorized capacity, and that by hi••lher their signat -(Sr} on the instrument the pe on(p , or the entity upon be alf of which the pers. (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. Signature H. NGUYEN Commission # 2092740 Notary Public - California -,a,. Santa Clara County 3_ _ _ IUI�Comm.ExTlresDec6,2018 Non -Order Search Doc: CASCLR:23766007 Page 23 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM DOC #23766007 Page 24 of 25 Exhibit A FEE PROPERTY The land is situated in the County of Santa Clara, City 'of Palo Alto, State of California, and is described as follows: PARCEL 1, AS SHOWN ON THAT CERTAIN MAP FILED SEPTEMBER 7, 2017 IN BOOK 906 OF MAPS, PAGES 29-35, SANTA CLARA COUNTY RECORDS. PARCEL TWO: A NON-EXCLUSIVE EASEMENT, APPURTENANT TO PARCEL ONE ABOVE, FOR PEDESTRIAN AND VEHICULAR INGREE, EGRESS AND ACCESS, INCLUDING EMERGENCY VEHICLE ACCESS, AS SET FORTH IN THAT CERTAIN "GRANT OF ACCESS EASEMENT" RECORDED sePt• 29, 2017 AS INSTRUMENT NO. '2 , 4.31 VI OF OFFICIAL RECORDS. APN: 137-12-001 137-11-102 (Affects a portion) 137.11-071 (Affects a portion) OAK #4822-5762-0812 v13 22 Non -Order Search Doc: CASCLR:23766007 Page 24 of 25 Requested By: t.moralez, Printed: 10/3/2017 2:27 PM 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 residenc e, 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, a nd 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, t he 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 Secti on 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. 7.3 Preference for Palo Alto Residents and Employees. In order to ensure that there is an adequate supply of affordable housing within the City of Palo Alto for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Project, Owner shall give a preference in the rental of the residential units in the [Apartment Project] [Redeveloped Park] to Eligible Households that include at least one member who lives or works in the City of Palo Alto. Notwithstanding the foregoing, in the event of a conflict between this provision and rules and regulations applicable to the [Apartment Project] [Redeveloped Park], the provisions of such rules and regulations shall control, including, if applicable, any prohibition of preferences for units receiving Section 8 assistance. Owner shall comply with City’s affirmative marketing policies or other rental policies and procedures as they may be amended from time to time to ensure that City residents and people who work in the City of Palo Alto are provided reasonable notice and opportunity to rent units in the Project. 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. 11 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 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 12 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 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 13 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 14 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: 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 15 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. 16 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 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 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. 20 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.] 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 provisio n 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 Socia l 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 occup ants 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 instr uments executed by Owner, and shall enforce the same diligently and in good faith. 7.3 Preference for Palo Alto Residents and Employees. In order to ensure that there is an adequate supply of affordable housing within the City of Palo Alto for residents and employees of businesses within the City, to the extent permitted by law and consistent with the program regulations for funding sources used for development of the Project, Owner shall give a preference in the rental of the residential units in the [Apartment Project] [Redeveloped Park] to Eligible Households that include at least one member who lives or works in the City of Palo Alto. Notwithstanding the foregoing, in the event of a conflict between this provision and rules and regulations applicab le to the [Apartment Project] [Redeveloped Park], the provisions of such rules and regulations shall control, including, if applicable, any prohibition of preferences for units receiving Section 8 assistance. Owner shall comply with City’s affirmative marketing policies or other rental policies and procedures as they may be amended from time to time to ensure that City residents and people who work in the City of Palo Alto are provided reasonable notice and opportunity to rent units in the Project. 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, certificat ion of household income and size, certification of the ages of all household members, evictions, collection of rents 10 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 manage r, 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 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. 11 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. 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, 12 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, "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. 13 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: 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 14 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 Partie s 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 affect ed 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 Ho using 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.] 1 OAK #4892-3557-3295 v1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Santa Clara County Housing Authority 505 W. Julian Street San Jose, CA 95110 Attention: Executive Director EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s use. TERMINATION OF REGULATORY AGREEMENT THIS TERMINATION OF REGULATORY AGREEMENT (“Termination”), dated as of ______________, 2024, is executed 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”), the County of Santa Clara, a political subdivision of the State of California (“County”) and the Santa Clara County Housing Authority, a public body corporate and politic (“Authority”). The City, the County, the Owner, and the Authority are collectively referred to herein as the “Parties.” 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 Santa Clara County Assessor’s Parcel Nos. 137-12- 001, 137-11-102 (ptn), 137-11-071 (ptn), and more particularly described in Exhibit A attached hereto (the “Property”). B. In connection with certain financing provided to assist in the acquisition and redevelopment of the Property, the City, the County, and the Authority entered into that certain Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 29, 2017, and recorded in the Official Records of Santa Clara County (“Official Records”) on September 29, 2017, as Instument No, 23766007 (the “Original Regulatory Agreement”). C. Owner has succeeded to the interests of the Authority in the Property. D. Owner intends to subdivide the Property into two separate parcels that will be redeveloped respectively as an affordable apartment project (the “Apartments”) and an affordable mobilehome park (the “Park”). E. Concurrently with the recordation of this Termination, the City, the County, and Owner intend to enter into and record new regulatory agreements that will subject the Apartments and the Park to occupancy and rent restrictions, and that will supersede and replace the Original Regulatory Agreement. 2 4872-1206-5952 v1 NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Original Regulatory Agreement is hereby terminated effective as of the date of this Termination. 2. This Termination shall be recorded in the Official Records. 3. This Termination may be executed in multiple counterparts each of which shall be an original, and all of which shall together constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE. 3 4872-1206-5952 v1 IN WITNESS WHEREOF, the Parties hereto have executed this Termination as of the date first set forth 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:______________________________ Attest: ________________________________ Clerk of the Board of Supervisors Approved as to form and legality: _____________________________ County Counsel AUTHORITY: SANTA CLARA COUNTY HOUSING AUTHORITY, a public body, corporate and politic By:_______________________________ Preston Prince, Executive Director OWNER: POCO WAY HDC INC., a California nonprofit public benefit corporation By:______________________ Preston Prince, President SIGNATURES MUST BE NOTARIZED. 4 4872-1206-5952 v1 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On , 2024, 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, 5 4872-1206-5952 v1 ACKNOWLEDGMENT State of California ) ) ss County of Santa Clara ) On ,2024, 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, 6 4872-1206-5952 v1 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: PARCEL 1, AS SHOWN ON THAT CERTAIN MAP FILED SEPTEMBER 7, 2017 IN BOOK 906 OF MAPS, PAGES 29-35, SANTA CLARA COUNTY RECORDS. APN: 137-12-001, 137-11-102 (ptn), and 137-11-071(ptn) Item No. 2. Page 1 of 6 Planning & Transportation Commission Staff Report From: Planning and Development Services Director Lead Department: Planning and Development Services Meeting Date: July 10, 2024 Report #: 2406-3159 TITLE PUBLIC HEARING / QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real (24PLN-00129): Recommendation on Applicant’s Request for Approval of a Vesting Tentative Map to Allow for a Subdivision of a Single 4.5-acre Parcel into Two Parcels. The Subdivision Map Would Facilitate Redevelopment of Buena Vista Mobile Home Park with a 61- Unit Apartment Building on a 1.69-Acre Parcel and a 44-Unit Mobile Home Rehabilitation on a 2.81-acre parcel. 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 (Multi-Family Residential). For More Information Contact the Project Planner Claire Raybould at Claire.Raybould@cityofpaloalto.org. RECOMMENDATION Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Consider the proposed CEQA exemption in accordance with CEQA Guidelines Section 15532 (in-fill), as documented in Attachment C. 2. Recommend approval of the Vesting Tentative Map to the City Council based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B. EXECUTIVE SUMMARY The applicant requests approval of a Vesting Tentative Map to subdivide one 4.5-acre parcel located at 3980 El Camino Real into two parcels. Through a separate, Streamlined Housing Development Review Entitlement Process, the Santa Clara County Housing Authority proposes to redevelop one of the two parcels with a 100% affordable, 61-unit multi-family apartment building. On the second parcel, SCCHA proposes a 44-unit mobile home rehabilitation, which will be processed through the State Housing and Community Development (HCD) department. The subdivision facilitates financing for development of each of the resulting parcels. BACKGROUND Item 2 Staff Report Packet Pg. 9 Item No. 2. Page 2 of 6 Project Information Owner:Santa Clara County Housing Authority (SCCHA) Architect:Van Williams Meter Pollock (VMWP), Preeti Srinivasan Representative:Kris Adhikari, SCCHA Legal Counsel:Not Applicable Property Information Address:3980 El Camino Real Neighborhood:Barron Park Lot Dimensions & Area:~681 (w) x ~338 (L), (4.5-acres) Housing Inventory Site:Not Applicable Located w/in a Plume:Not Applicable Protected/Heritage Trees:Protected trees, see discussion below Historic Resource(s):Not Historic (See Attachment C, Class 32 Exemption for historic analysis) Existing Improvement(s):79 residential units (30,414 sf); Single-story; constructed in 1970 Existing Land Use(s):Mobile Home Park/RVs Adjacent Land Uses & Zoning: North: Single family residential (R-1) West: Multi-family Land Use (RM-30 Zoning) East: Commercial Land Use (CS Zoning); lot will be split such that RM- 20 will be adjacent to the new apartment parcel South: Multi-family Land Use (PC 2930 Zoning) Special Setbacks:Not Applicable Aerial View of Property: Source: Google Satellite Maps Land Use Designation & Applicable Plans/Guidelines Item 2 Staff Report Packet Pg. 10 Item No. 2. Page 3 of 6 Comp. Plan Designation:Multi-family Residential Zoning Designation:Low Density Multi-family Residential (RM-20) Yes Yes Yes Baylands Master Plan/Guidelines (2008/2005) El Camino Real Guidelines (1976) Housing Development Project Downtown Urban Design Guidelines (1993) South El Camino Real Guidelines (2002) Utilizes Chapter 18.24 - Objective Standards Individual Review Guidelines (2005) Within 150 feet of Residential Use or District Context-Based Design Criteria applicable SOFA Phase 1 (2000)Within Airport Influence Area SOFA Phase 2 (2003) Prior City Reviews & Action City Council:None PTC:None HRB:None ARB:None There have been no other hearings at this time related to the Vesting Tentative Map application. However, there have been two study sessions and a formal hearing with Council to consider the related actions. Specifically, Council held a study session on March 4, 2024 to provide feedback on the proposed streamlined housing development review application and modifications to the existing regulatory agreement for the site. The ARB also held a study session on May 2, 2024 to provide feedback on the proposed design of the apartment building. SCCHA and staff considered the input from Council, the ARB, and the public from these study sessions and incorporated changes to the design and prepared the revised regulatory agreements accordingly. On June 18, 2024 Council held a formal hearing to provide input on the detailed modifications to the regulatory agreement as well as the final streamlined housing development review design. Council continued the project to a date certain of August 5, 2024 for a final decision. Following the PTC’s review of the Vesting Tentative Map application, the PTC’s recommendation will be forwarded to Council for a final decision. PROJECT DESCRIPTION On April 30, 2024, SCCHA submitted an 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 Item 2 Staff Report Packet Pg. 11 Item No. 2. Page 4 of 6 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 allow separate financing for the 61 apartments and 44 mobile homes. 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. Requested Entitlements, Findings and Purview The following discretionary application is being requested and is subject to PTC purview: •Vesting Tentative Map: 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 Vesting Tentative Map for a condominium subdivision is outlined in PAMC Sections 21.12.010 and 21.13.020. Vesting Tentative maps require PTC review. The PTC reviews 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. ANALYSIS The proposed project and relevant discussion and findings herein reflect the Vesting Tentative Map. Council will consider the proposed site improvements and amendments to the existing regulatory agreement along with this subdivision. The proposed map includes vacation of easements that would no longer be relevant to the parcels and dedication of new public utility easements and a public access easement associated with the new site improvements. Neighborhood Setting and Character The project is located along Los Robles Avenue. Surrounding uses are primarily residential, with single-family uses to the north, multi-family uses to the south and west, and commercial uses to the east along El Camino Real. Consistency with the Comprehensive Plan, Area Plans and Guidelines The proposed Vesting Tentative Map is consistent with the Comprehensive Plan, in that the site is designated primarily as “Multifamily” land use category and will be developed as a multifamily development on that portion of the site. The map facilitates the redevelopment of a parcel within the City’s urban service area which is consistent Policy L-1.2 of the Comprehensive Plan. The associated development to be constructed on the lot would add new residential units that contribute to the housing inventory including two affordable housing units, consistent with Goal 2 of the Housing Element, which states “assist in the provision of safe, attainable, and sustainable housing, especially affordable housing, to meet the needs of all Item 2 Staff Report Packet Pg. 12 Item No. 2. Page 5 of 6 economic segments of the community.” Consistencies with other Comprehensive Plan policies are included in Attachment B of this report. Zoning Compliance The site is zoned primarily as RM-20 (multi-family residential). The proposed multi-family development is a permitted use within the RM-20 Zone. The size of the parcel would not change and is consistent with code requirements for the RM-20 Zone District, which has a minimum lot size of 8,500 sf and minimum dimensions of 70 feet in width by 100 feet in depth. Staff finds that the proposed Vesting Tentative Map complies with these code requirements for parcels. 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 and Reinvestment Initiative for Community Enhancement funds and tax credits by August 2024. 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 The Palo Alto Municipal Code requires notice of this public hearing to be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on June 28, 2024, which is 13 days in advance of the meeting. Postcard mailing occurred on June 26, 2024. As of the writing of this report, no project-related, public comments were received related to the Vesting Tentative Map. Comments received on the proposed Streamlined Housing Review application are outlined in the Council staff report. ENVIRONMENTAL REVIEW The City, acting as the lead agency, determined that the project is exempt from CEQA in accordance with CEQA Guidelines Section 15332, which exempts in-fill development projects on sites of five acres or less. The documentation to support the exemption is included in Item 2 Staff Report Packet Pg. 13 Item No. 2. Page 6 of 6 Attachment C. The CEQA analysis assesses the whole of the action, including the subdivision and redevelopment of both parcels. The County Housing Authority is also seeking federal funding from the Department of Housing and Urban Development (HUD); therefore, HUD will serve as the lead agency under the National Environmental Policy Act. The City will serve as the responsible entity preparing the Environmental Analysis (EA) in accordance with federal regulations. ALTERNATIVE ACTIONS In addition to the recommended action, the Planning and Transportation Commission may: 1. Approve the project with modified findings or conditions; 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: Vesting Tentative Map and Environmental Analysis AUTHOR/TITLE: Claire Raybould, AICP, Principal Planner Item 2 Staff Report Packet Pg. 14 April 10, 2024 Mr. Jonathan Lait Planning Director Planning & Development Department City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: Buena Vista Commons Re-submittal SB 330 Planning Application Submittal Dear Mr. Lait: The Santa Clara County Housing Authority (Housing Authority) is pleased to re-submit this SB 330 Planning Application for the development of Buena Vista Commons at 3980 El Camino Real in Palo Alto. Bu ena Vista Commons is the apartment component of a larger redevelopment occurring at the Buena Vista Mobile Home Park (Park). The original submittal was made on February 9, 2024. The updated drawings and planning documents that are enclosed in this re-submittal package were informed by comments we received from City staff following the initial submittal on February 9th. We have also made cost-informed design changes to allow project feasibility. These changes simplify the structural systems required for the apartment and improve feasibility by reducing cost. These changes are notable, but modest in physical impact. We have maintained the same unit count, increased the amount of parking available, and maintained the spirit of all design feedback that we received from our partners and community members during the conceptual and schematic design process. As a reminder, Buena Vista Commons will consist of 61 affordable homes for families. 100% of the homes are subject to affordability restrictions in accordance with the tri-party regulatory agreement that is held between the Housing Authority, City, and County. The project will be developed on land owned by Poco Way HDC, Inc., a California nonprofit public benefit corporation that is wholly controlled by the Housing Authority , the developer. The project uses The Housing Crisis Act (SB 330) and the California State Density Bonus Law (AB 1763). Buena Vista Commons satisfies the requirements of SB 330 and AB 1763, as detailed in the enclosed Project Description. On December 19, 2023, we submitted an SB 330 Preliminary Application to Palo Alto Planning staff. We look forward to continuing to work with the City on this new project. Should you have any questions or need additional information, please feel free to contact Kris Adhikari at (650) 582-9359 or kris.adhikari@scchousingauthority.org. Sincerely, Flaherty Ward Director of Real Estate Flaherty Ward (Apr 10, 2024 09:28 PDT) 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: Jul 19, 2024 1 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: Jul 19, 2024Index 1. Introduction.................................................................................2 a. Project Description...........................................................................2 b. Project Team.....................................................................................4 c. About the Santa Clara County Housing Authority (SCCHA).............4 2. Community Engagement..............................................................5 3. Project Details..............................................................................6 a. Site....................................................................................................6 b. Design...............................................................................................7 c. Sustainability.....................................................................................8 d. Affordability......................................................................................9 4. Zoning and Development Standards...........................................11 a. Comprehensive Plan and Zoning Code..........................................11 b. Eligibility for Streamlining..............................................................12 c. Regulatory Agreement...................................................................12 d. Modifications under State Density Bonus Law..............................13 e. Relocation and Displacement........................................................14 5. Forms & Checklists.....................................................................16 a. SB 330 State Preliminary Application Form...................................16 b. City of Palo Alto Housing Information Checklist............................35 c. Objective Design Standards Checklist............................................38 d. SCVURPPP C.3 Data Form ..............................................................59 6. Supplemental Documents..........................................................65 a. Preliminary Title Report and Parcel Map ......................................65 b. Community Engagement Report ...................................................83 c. Arborist Report, Numbered Tree Map & Tree Disclosure Form....89 d. Draft Trash Management Report ................................................122 e. Geotech Report.............................................................................141 f. Environmental Report...................................................................183 g. Domestic Water Demand..............................................................216 h. Exterior Lighting fixture cutsheets................................................221 2 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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 COUNTY HOUSING AUTHORITY 505 W. JULIAN STREET, SAN JOSÉ, CA 95110 PROJECT DESCRIPTION SANDIS1700 S. WINCHESTER BLVD., SUITE 200CAMPBELL, CA 95008PLURAL STUDIO2742 17TH STREETSAN FRANCISCO, CA 94110MILLENNIUM DESIGN ANDCONSULTING, INC. PO BOX 737 ALAMO, 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 99 LYNNWOOD, WA 98036 ELEMENT STRUCTURAL ENGINEERS, INC. STRUCTURAL ENGINEER 39675 CEDAR BLVD #295C NEWARK, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 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: Jul 19, 2024 Waiver 1: FAR The allowed Floor-Area ratio is 0.5, however, the proposed project has a ratio of 0.89. 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. We are instead proposing to retain 2 of the existing trees along the frontage. Thus we are only able to provide 8 trees where 19 are required. 15 STREAMLINED HOUSING DEVELOPMENT REVIEW | Buena Vista Commons Updated: Jul 19, 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 Council members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Environmental Document The City, acting as the lead agency, prepared a Class 32 (CEQA Guidelines Section 15332) Exemption for Infill Development. The documentation to support this exemption is available on the project webpage. 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 City Council Supplemental Report From: Jonathan Lait, Planning and Development Services Director Meeting Date: August 5, 2024 Item Number: 5 Report #:2408-3326 TITLE SUPPLEMENTAL MEMO: PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5-acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61-unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. 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. BACKGROUND The original link on packet page 30 footnote 1 was incorrect. Please see below for the correct link to the 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 APPROVED BY: Jonathan Lait, Planning and Development Services Director From:Esmeralda aristeo To:Council, City Subject:Regarding Buena Vista MHP Residents Date:Friday, August 2, 2024 3:19:33 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor, Vice Mayor and city council members Residents of Buena Vista MHP want to share our concerns with Housing Authority, please see attachment, thank you. Kindest regards Esmeralda Space #106 Esmeralda Aristeo I used to live In space #5 I was evacuated due my home was part of the old owner, and was relocated in a smaller home for almost a year when They said will be a short time 1 or 3 months, with the promised to be move in a new 3 bedrooms home. When they brought my mobile home in #106 They gave me an old house with black mold and leaks , we did emergency repairs on our expenses, management said was our home and we had to pay for it, we remodeled our home is 865 square footage, HA is offering 720 square footage, I have a son with Anxiety, ADH,Tourette syndrome, sleep apnea, Hypothonia, He is mental disable, He can't be in a small spaces I have Letters and document signed from the doctor. HA doesn't want to keep our home, give us the same square footage or give us a 3 bedroom home that is close to my home size, please help me to save my home Space #112. Ana Lilia Our concerns are: 1. -The price of the new mobile home HA gave it to us is a rip-off, it's twice expensive as what is on the market value because they are taking back the money that they are supposed to pay for our home. 2. -we want manufactured home with guarantee. 3. -our appraisal is less money than the last appraisal we had, They are not taking inconsideration all the space we have, they don't include my storage, it's not fair that they are offering smaller home I asked for a home we the number of rooms our family needs HA denied, They said that is 2 persons per room including the living room which is unfair because I have 5 daughters and 1 son . 5.- we would like to have enough information for the amount on how much we will be paying for our rent for our home depending on our gross income, so we would be able to see if we can afford it. Please help us. Space x#46 Nicolas Miramontes My name is Nicolas and Maria Miramontes and we have lived at Buena Vista for about 23 years at space #46. We are nine members in our family, including seven children, 6 girls and 1 boy. We have been offered a 3hedroam mobile home. We are requesting a 4bedroom mobile home to accommodate for our children. We have been told that there is not enough space for a 4bedroom mobile home. Previously, our family has qualified for a 3bedroom unit because we supposedly are 8 fam ily members. According to the office, in my contact there are only 8 members, butvve are 9 members because one of my daughters is at the University. Again, we were told that if we were 9 members in the family, we would quality for a 4bedroom mobile home. it is unfairto remove my older daughter from the contract since she is being studying her master's at aUniversity in Los Angeles. She lives here and goes to school. there. This is her home, and she does not have another place to stay. We request your support to keep our family together. My daughter is finishing her school. year, and she is coming back home. Do not exclude her. Keep my daughter Sincerely, Nicolas Miramontes s Maria Miramontes SANMINA S C )]e d ma feAysi % rn vm N�} CP��O SK.c unUnttftis" yeZ_rth u cfr*ko OJrlom., -neccl_cm_a_ra_beckcaG Atec se �Wz i4s arA neerUdnel pxwacy1sasxl�l.us mOL rX, Carta. SL.S, yPc4 ova JAI) .i._1&mikza fOv 14 II, vcigri -COr ot�o—,�ima�'�khf.- crir4m�nt_com�lce Housing Authority Letter Liney Barrera Dear Housing Authority, My Name is Liney Barrera. As you know I have been doing my best to become an owner or get fair payment Despite all my effort and Dedication going through the appealing and hearing process. I was Denied. I have no words to describe all the anxiety and stress I've been through. I wish the Management learn provided the correct information when I Signed the contract. I wished Melanie never Promised me to become an owner, l would't have signed the contract, I wish I was given the same options to get paid for the land lease as the other neighbors did. Housing Authority Please take into consideration Buena Vista Residents' needs. Best regards Liney Barrera I give permission to Esmeralda to speak on my behalf at the City Hall and to sharethi letter to tha Housing Authority Re: Ownership 5PacE *k-59 Michael Helmer Sent from my iFad > On Aug 1, 2024, at 2:30 PM, Michael Helmer <rnichaeiahl946@ mail.corn› wrote: > My partner and i have been duped . After a great deal of pressure ,from a previously contracted management team, we made a decision. We would rent ,as we saw nothing to gain from tut owning a unit, At the time of our decision there was no mention of replacing rental units with apartments. None. Had we been aware that there was a possibility of being placed in an apartment, we would have suffered the irrationality of ownership. We have petitioned to amend our status, but to no avail. i assert that when the options concerning status was offered r it was implied that we would be renting a coach owned by who ever the heck is running this shell game > Sent from my Pad d # 2:I -E. 1R -Lk LP‘ 6\37 E - My complaints are: 1. They have delayed the process with the appraisals 2. They have not provided an updated relocation information and amount to reflect current cost of living, the relocation amount has been the same since 2017 3. Appeal process is unfair the hosing authority makes the decision, it should be a third independent party. 4. Appraisals are still questionable how smaller homes are getting more for in place value than bigger homes. 5. BV advisor meetings are not helpful. it- 0 kQ LA My complaints are: 1. They have delayed the process with the appraisals 2. They have not provided an updated relocation information and amount to reflect current cost of lining, the relocation amount has been the same since 2017 3. Appeal process is unfair the hosing authority makes the decision, it should be a third independent party. 4. Appraisals are still questionable how smaller homes are getting more for in place value than bigger homes. 5. BV advisor meetings are not helpful. Unit #21 Rene Escalante We don't agree with the appraisal we feel discriminated against because of how they have treated us. For example on land value in were all the smaller home were getting more than us, also just recently had an accident, I fell down and got badly injured, we notified Housing Authority and we still haven't gotten a respond, the accident was due to the 2 inch gas pipe that is inside my space. r-T`A CE 1dr 105 Goi_b My request of the Palo Alto City Council is in reference to Section 2.2 of the Buena Vista Relocation Plan, ANTICIPATED PROJECT SCHEDULE. 1 propose that the City Council stipulate that the Anticipated Project Schedule be revised to eliminate the need for Phase Three Residents to relocate prior to the new manufactured homes being ready for occupancy, thereby imposing on then two full household moves within a six month period of time. Relocating Phase Three Residents in this way imposes an undue hardship on all residents of Phase Three and especially on the handful of residents over the age of 75. The severe trauma that this unnecessary move would cause to seniors and others outweighs a short wait of six months until the new manufactured homes (which do not require City of Palo Alto approval) are ready for occupancy and the work to build the new apartment building can begin. Residents are aware of the historically long delays of building projects requiring City of Palo Alto approval due to a variety of reasons. I believe that the trade-off of months to commence building an apartment building is minimal when balanced against the multiple detrimental effects of a forced relocation ollowed by a second relocation only 6 months later, not to mention the f inancial costs to the Housing uthority. Unit#16 Lorena Diaz I would like to requesting a manufactured mobi home of good quality . Space #26 Alex Simangas My family has lived at Buena for 15 years. We are 7 family members. We are requesting a 3beclroom mobile home. Housing Authority has not approved our request arguing that there is not enough space at Buena Vista. However, many families have move out of the community. Some former families had 3bedroom units. According to Housing Authority's plans, there will be empty apartments and mobile homes, but HousingAuthority does not want to help me, they are trying to force me out of the Buena Vista many times. My request is to keep my family together, but Housing Authority has denied my daughter to be in the contract. My daughter has been diagnosed with multiple sclerosis. Her doctors are concerned for her well-being, she may end up in a wheelchair or become paralyzed into a vegetable state. Housing Authority has knowledge of my daughter's condition, but it seems they don't care, 1 will not deny my daughter the protection she needs, and 1 will do the impossible to keep my family together, According to HousingAuthority, there is no space for a -bedroom mobile home for my family. 1 will not send her to the street. Please Help Me Keep My Family Together. Buena Vista Mobile Horne Park was saved by Housing Authority, the City of Palo Alto and other organizations to keep families and children together. However, 1 feel that NA is doing the opposite taring to separate our tamales. My other request is for HousingAuthcrity to be rnorc mindful when doing repairs during the inspections, 1n the past, HA sent an etectrician to repair a light because it had not passed the inspection. The power cables were left without any protectionfor a Longtime. The job was not finished and there was never a response when! emailed my concern. Mydad is disable and he was without electricity for atmost al month. i also had to pay an etectrician to fix the exposed cords. My dad and my 3 children were in danger_ HA is trying to force me out of the park they don'twant to add a member of my family on the rental contract. Unit#35 Sandra I tried to put my husband on the lease contract when Caritas was running the park was Cassy the manager and she said that was no possible, now tried to put my daughter and my husband on The lease contract and same thing Housing Authority said it's not possible, I requested 2 bedrooms mobile home or apartment, They offered me only one bedroom, They said to can sleep in one bedroom and 2 in the living room, since HA started the project said will be for improvement and the residents to be in better condition But They said 2 persons can sleep in the living room that is not a improve condition for the resident.