HomeMy WebLinkAboutCC Resolution 7027 (Centertown)RESOLUTION NO. 7027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION FOR
REZONING OF PROPERTY AT 1301 THIRD STREET, KNOWN
AS CENTERTOWN
WHEREAS, pursuant to Title 14 of the San Rafael Municipal
Code, an amendment to rezone property at 1301 Third Street was
received; and
WHEREAS, an Initial Environmental Study was prepared in
accordance with the State EIR guidelines to assess potential
environmental impacts of the proposal; and
WHEREAS, on January 15, 1985, the Planning Commission
found that the proposal would not create any significant adverse
impacts and recommended to the City Council (5-2) the certification
of a Negative Declaration; and
WHEREAS, on February 4, 1985 the City Council con-
curred with the Planning Commission recommendation.
WHEREAS, the City Council finds that there is no sub-
stantial evidence in the record showing that the project may have
a significant affect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council certifies the Negative Declaration for Z82 -18(b).
I, JEANNE M. LEONCINI, 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 Council of said
City on Mondav , the 4th day of February , 1985, by the
following vote, to wit:
AYES: COUNCILMEMBERS :Breiner, Frugoli, Nave, Russom and mayor Mulryan
NOES: COUNC ILMEMBERS: None
ABSENT: C OUNC I LME MBE RS : None
22 A/3
JE�M.ONCI City erk
3R1(t"7TNAL
Project Name: CENTERTOWN
Location: 855 "C" Street at Third Street, San Rafael
Developer: U.F. Service Corporation, or any successor in interest
This Agreement is made and entered into this 4th day of February , 1985,
among the CITY OF SAN RAFAEL, a municipal corporation (hereinafter referred
to as "the City"), the HOUSING AUTHORITY OF THE COUNTY OF MARIN, a public
body, corporate and politic, created under the Housing Authority Law of the
State of California (hereinafter referred to as "the Authority"), and U.F.
Service Corporation, or any successor in interest (hereinafter referred to as
"the Developer").
A. The Developer intends to construct a residential housing development on
that certain real property situated within the corporate limits of the
City, which real property is more particularly described in Exhibit "A"
attached hereto and incorporated herein.
B. The City, in accordance with the provisions of TS 83-7(b) CITY OF SAN
RAFAEL, has approved the Developer's proposed development on condition
that the Developer provide therein five (5) dwelling units to be sold at
prices which are within the means of moderate -income families.
C. The Authority is authorized by law to participate in programs which
provide housing for families of low and moderate income, and is by
experience qualified to screen and determine eligibility of applicants for
low and moderate -income housing.
The parties hereto desire, by this Agreement, to cooperate in implementing the
efforts of the Developer to comply with the requirement that the Developer
make available said dwelling units at prices which are within the means of
moderate -income families.
NOW THEREFORE, it is hereby agreed by and between the parties hereto as
follows:
1. The Developer agrees that five (5) dwelling units within the project
approved by the City for the property described in Exhibit "A" attached
hereto will be sold to moderate -income families in accordance with the
terms and pursuant to the procedures set forth in this Agreement. Said
dwelling units are identified in Exhibit "B" attached hereto and will be
legally described on the condominium plan to be recorded with the final
map. Said dwelling units are hereinafter referred to as "the Units."
2. The Developer agrees that the selling price for the Units shall not exceed
the prices set forth in Exhibit "B" attached hereto.
3. The Developer agrees to offer the Units for sale only to individuals or
families who have been certified as eligible by the Authority.
4. The Developer further agrees to notify the Authority at least one hundred
and twenty (120) days prior to estimated issuance of Certificate of
Occupancy.
Doc 0036E/CENTERTOWN BMR Agreement 840723
�. .U..vi.i%y ciSicco w JJLvice5s applications ana certify eligibility of
applicants as perr s or families of moderate inco A family or indivi-
dual shall be deem,u to qualify as a moderate -income applicant provided
the income of such family or individual does not exceed one hundred twenty
percent (1200 of the median income for Marin County as determined by the
United States Department of Housing and Urban Development with adjustments
for smaller or larger families. In certifying eligibility of applicants,
the Authority shall adhere to the priorities and preferences adopted by
the City and attached hereto as Exhibit "C".
Preference for individuals or families falling within any of the
priorities established in Exhibit "C" shall be determined by lottery or
other equitable method mutually agreed upon by the City and the Authority.
The Authority shall be paid a fee of $500 per unit to be paid by the
buyer, which payment shall be included in the buyer's closing costs upon
sale of the Unit.
6. In the event that any Unit remains unsold at the end of one hundred twenty
(120) days from the date of issuance of a Certificate of Occupancy by the
City for the phase of development in which the subject unit is located,
the Developer shall notify the Authority in writing of such fact. Within
ten (10) working days after receipt of such written notice, the Authority
or its assignee may notify the Developer in writing that it will purchase
such Unit. If such notice is given by the Authority, the Developer shall
then sell such Unit to the Authority or its assignee at the same price it
would have been available for sale to families of moderate income As used
herein, the term "sold" shall mean the execution of a contract for
purchase and the approval of a mortgage loan for the buyer.
In the event that the Authority or its assignee declines to purchase such
Unit, it may be sold by the Developer on the open market without
restriction as to price. In such event, the Developer shall pay to the
City from the sale price of such Unit seventy-five percent (75%) of the
difference between the market price achieved and the below -market -rate
price specified in Exhibit "B". Said sum shall be paid to the City upon
close of escrow on the sale of such Unit or, if the sale is pursuant to a
contract of sale, upon execution of such contract, whichever shall first
occur. The City shall pay to the Authority ten percent (10%) of this sum
for the Authority's use in administering Below Market Rate ("BMR")
projects including, but not limited to, on-going BMR monitoring and future
BMR re -sales. The balance of any such payments made to the City shall be
retained by the City in a special account to be used solely for activities
which it deems will facilitate the provision of housing for persons of low
or moderate income.
7. The Developer's brochures shall include reference to the fact that a
limited number of Units within the project will be made available to
qualified buyers of moderate income. All buyers will evidence their
individual knowledge of this program on their purchase agreement.
8. Each deed or contract conveying a Unit to an applicant certified by the
Authority shall contain a restriction constituting a right of first
refusal, pursuant to which the buyer agrees that prior to selling the
property it will first be offered for sale to the Authority or its
assignee in writing. Said deed restriction shall be in the form of an
attachment to the Grant Deed, provided by the Authority, which shall be
attached to, incorporated by reference, and recorded with the Grant Deed.
CENTERTOWN/U.F. Service Corporation Page -2-
City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723)
9. All notices requir`_ to be given under the terms of chis Agreement shall
be sent by First Class Mail and deposited postage prepaid in the United
States Mail Service addressed as follows:
To the City: Planning Department, City of San Rafael
P. 0. Box 60
San Rafael, CA 94915-0060
Attention: Jean Freitas, Associate Planner
To the Authority: Housing Authority of the County of Marin
P. 0. Box 4282
San Rafael, CA 94913
Attention: Janet Miller Schoder, Executive Director
To the Developer: U.F. Service Corporation
130 Montgomery Street
San Francisco, CA 94104
Attention: Jeff L. Green, Vice President
Gerald K. Bevilacqua, Vice President
Anv Party may change the address to which notice shall be mailed to it by
STATE OF CALIFORNIA ) .' -- ---+-4=n 1,tT rnrt-i-FiAd mail.
COUNTY OF MARIN ss.
On this 6th day of FEBRUARY 1985, before me, JEANNE M. LEONCINI, a
Notary Public in and for the said County and State residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. LRYAN
personally known to me Jnr nrnvarl t� me an f -ha ha S_! „f r
.31
evldence� to be the Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
OFFICIAL SEAL
. . � _ l r;• E 1 x`l� JEANN : Al. LEONCIM
_'ORPORATE ACKNOWLEDGMENT NO 202
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State of �� Ll ,�a2 )LL ct On this the ��� day of a ��� `64 19k, before me,
(,
SS.�
County of xe , f'1!c e� e / I �L. 'LCA='7L(� /L� 1E'. �;,(C�11
I
the undersigned Notary Public, personally appeared
,
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♦C.��'.���rrr�����CGf-�� �, �� ❑ personally known to me
FRANCINE M. SELOGIE Y-' proved to me on the basis of satisfactory evidence
NOTARY PUBLIC -CALIFORNIA to be tt e persons) who executed the within instrument as
CITY AND COUNTY OF L fZi�,CL G �. >t or on behalf of the corporation therein
SAN FRANCISCO named, and acknowledged to me that the corporation executed it.
j My. Commission Expires Nov. 20, 1984 WITNESS my hand and official seal
Notary's Signature' j
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7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • woodland Hills, CA 91364
City of San Rafael/housing Auttiorlty- or- -rne--uouu%q--or-,ma=n -,-Voe` w�v�royvrc.»
a:.naiti�t.� n
Date:
Project Name: CENTERTOWN
Location: 855 "C" Street at Third Street, San Rafael
Developer: U.F. Service Corporation, or any successor in interest.
Legal Description of the Project:
DESCRIPTION:
All that certain Real Property situated in the City of San Rafael, County of
Marin, State of California, being a portion of Block 15 as said Block is laid
down and delineated on Map of Town of San Rafael, filed in the office of the
County Recorder of the County of Marin, State of California, October 14, 1873,
described as follows:
BEGINNING at the corner formed by the intersection of the South line of Third
Street with the West line of "C" Street; running thence Southerly along the
West line of "C" Street 192.0 feet; thence Westerly and parallel with Third
Street 150 feet; thence Northerly and parallel with "C" Street 36.0 feet;
thence Westerly and parallel with Third Street 52.4 feet; thence Northerly and
parallel with "C" Street 152.88 feet to the Southerly line of Third Street;
thence Easterly along the Southerly line of Third Street 204.31 feet to the
Point of Beginning.
CENTERTOWN/U.F. Service Corporation Page —4—
City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723)
Project Name:
Location:
Developer:
.uAnI1311 D
CENTERTOWN
Date:
855 "C" Street at Third Street, San Rafael
U.F. Service Corporation, or any successor in interest.
Total Number of
Units in Development: 63
Number of BMR Units: 5
SCHEDULE OF BMR UNITS AND SALES PRICES*
Phase No. of Units Type Plan or Unit No.
1 2 Studio Units No. 5 and No. 11
1 3 1 BR Units No. 4, No. 7,
and No. 10
Sales Price**
$40,500
$45,000
* Following are the family sizes and incomes used to establish the sales
price for each unit:
Type of Unit Family Size 90% of Median Income 100% of Median Income
Studio 1 $21,420
1 BR 1 -------
$23,800
The sales prices have been established based on the above incomes, current
industry mortgage rates and income -to -housing -expense ratios as follows:
Mortgage Rate/Term: 14.5%**./ 30 -year fixed
Loan -to -Value Ratio: 90%
Percentage of Gross Monthly Income for
Mortgage Payment (Principal and Interest): 25%
** Recalculation of the above sales prices shall be permitted if it is
determined that the above -stated mortgage rate is different from the then
current market interest rate at a time one hundred twenty (120) days
prior to the issuance of a Certificate of Occupancy. At that time the
sales price shall be recalculated by the Authority using the above -stated
family sizes and incomes, loan -to -value ratio and debt -to -income ratio
and the most affordable prevailing then current mortgage rate for a
30 -year fixed-rate mortgage as determined by the Authority. An
adjustment to the sales price shall be allowed more than one time only if
mutually agreed by all the parties to this Agreement.
11Service Corporation ration Page -5-
City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723)
Date:
Project Name: CENTERTOWN
Location: 855 "C" Street at Third Street, San Rafael
Developer: U.F. Service Corporation, or any successor in interest
In certifying eligibility of applicants for the subject project, the Authority
shall employ the following criteria:
Qualifications for Lottery
NOTE: This project is a 100% elderly project (exclusively for residents
60 years of age or over). Although a person who is less than 60
years of age may reside in the development with a primary resident
° who is over 60 years of age, a minimum age limit of 45 shall be
maintained.
1. All applicants must be 60 years of age or over.
2. No applicant may own another home at the time of close of escrow.
3. An applicant's assets may not exceed 100% of the purchase price of
the unit after purchase of the unit, excluding the value of the unit
purchased.
Priority for Lottery Selection
1. First.priority shall be given to current full-time residents of the
City of San Rafael.
CENTERTOWN/U.F. Service Corporation Page -6-
City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723)
tXHIBIT "C"
Date:
Project Name: CENTERTOWN
Location: 855 "C" Street at Third Street, San Rafael
Developer: U.F. Service Corporation, or any successor in interest
In certifying eligibility of applicants for the subject project, the Authority
shall employ the following criteria:
Qualifications for Lottery
NOTE: This project is a 100% elderly project (exclusively for residents
60 years of age or over). Although a person who is less than 60
years of age may reside in the development with a primary resident
who is over 60 years of age, a minimum age limit of 55 shall be
maintained.
1. All applicants must be 60 years of age or over.
2. No applicant may own another home at the time of close of escrow.
3. An applicant's assets may not exceed 100% of the purchase price of
the unit after purchase of the unit, excluding the value of the unit
purchased.
Priority for Lottery Selection
1. First priority shall be given to current full-time residents of the
City of San Rafael.
CENTERTOWN/U.F. Service Corporation Page -6-
City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723)