HomeMy WebLinkAboutCC Resolution 14738 (Affordable Housing Agreements for 211-215 Belle Avenue)1
RESOLUTION NO. 14738
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MAN AGER TO SIGN A BELOW MARKET RATE AGREEMENT FOR A RENTAL UNIT
AT 211-215 BELLE AVENUE (APN 014-065-05)
WHEREAS, in June 2019, the San Rafael Community Development Department,
Code Enforcement Division conducted an inspection of a four-unit apartment complex
at 211-215 Belle Avenue. The inspection disclosed a detached cottage that was
converted to a dwelling unit without City approvals or permits. Code Enforcement
issued a Notice & Order to the property owner to remove the kitchen from the cottage;
and
WHEREAS, the subject property, which is approximately 12,100 square feet in
size is located within the Medium Density Residential (MR3) District, which permits a
maximum of four dwelling units on the property. Permitting the cottage as an additional
dwelling unit would exceed the density allowed by the MR3 District; and
WHEREAS, immediately following the issuance of the Notice & Order, the
property owner of 211-215 Belle Avenue contacted the Planning Division to seek relief
to legalize the cottage as a dwelling unit. Planning Division staff determined that the
legalization of the cottage as a dwelling unit could be permitted through the approval of
a density bonus pursuant to San Rafael Municipal Code (SRMC) 14.16.030 and
California Government Code Section 65915; and
WHEREAS, for the cottage to be legalized and eligible for a density bonus, the
unit must meet the City’s requirements to be restricted as an affordable, below-market-
rate (BMR) rental unit. Per SRMC Section 14.16.030, the unit must be affordable to a
low-income household for a minimum term of 55 years; and
WHEREAS, the Marin Housing Authority (MHA) manages the City’s BMR rental
program. MHA has prepared a BMR Agreement between the City of San Rafael and
the property owner setting forth terms and conditions for renting the cottage to a two-
person household qualifying as low-income (70% of the median). The property owner
has reviewed and signed the BMR Agreement; and
WHEREAS, the BMR Agreement has been reviewed and approved by the City
Attorney as to content and form.
NOW THEREFORE BE IT RESOLVED that the City Manager is hereby
authorized to execute, on behalf of the City of San Rafael the BMR Agreement for the
property located at 211-215 Belle Avenue.
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I, LINDSAY LARA, 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 18th day of November 2019, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk