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HomeMy WebLinkAboutCC Resolution 14074 (Purchase BMR Housing Unit)(Missing agr)RESOLUTION NO. 14074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN A BELOW MARKET RATE OWNERSHIP HOUSING AGREEMENT AND A BELOW MARKET RATE RENTAL HOUSING AGREEMENT FOR 1200 IRWIN STREET/524 MISSION AVENUE WHEREAS, on July 16, 2007, by Resolution 12315, the San Rafael Planning Commission approved a Tentative Map (TS06-01) for a 15 -unit housing development located at 1200 Irwin Street/524 Mission Avenue (APN 014-013-05) (the "Property"); and WHEREAS, the base density for the Property is thirteen units and the project received a density bonus of two units and parking concessions pursuant to San Rafael Municipal Code 14.16.030 and California Government Code Section 65915 in exchange for providing two affordable three-bedroom units on the site; and WHEREAS, the City and 524 Mission Street, LLC, the Property developer ("Developer"), desire to enter into appropriate Below Market Rate ("BMR") Housing Agreements and establish the affordability levels for the two units; and WHEREAS, the Developer desires initially to rent all of the units on the Property and to sell all of the units at a later date; and WHEREAS, to ensure the Property complies with the required affordability standards while units are rented, the Developer must enter into a BMR Rental Agreement with the City of San Rafael, to be recorded on the Property, providing that one of the two affordable rental units must be affordable to very low-income households at 50% of County median income, and the second affordable unit must be affordable to low-income households at 60% of County median income; and WHEREAS, to ensure the Property complies with the required affordability standards when units are sold, the Developer must enter into a BMR Ownership Agreement with the City of San Rafael and the Marin Housing Authority, to be recorded on the Property, providing that the two affordable units when sold must be priced to be affordable to low income households at 65% of County median income; NOW THEREFORE BE IT RESOLVED that the City Manager is authorized to execute and have recorded, on behalf of the City of San Rafael, a Below Market Rate Rental Housing Agreement for the Property located at 1200 Irwin Street/524 Mission Avenue in San Rafael in a form to be approved by the City Attorney; BE IT FURTHER RESOLVED that the City Manager is authorized to execute and have recorded, on behalf of the City of San Rafael, a Below Market Rate Ownership Housing Agreement for the Property located at 1200 Irwin Street/524 Mission Avenue in San Rafael in a form to be approved by the City Attorney. I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the seventh day of March 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk