HomeMy WebLinkAboutReso 14-2012 RESOLUTION NO. 14 -2012
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO ACKNOWLEDGING THE
SATISFACTION OF INCLUSIONARY HOUSING
REQUIREMENTS FOR TERRABAY PHASE III AND 418
LINDEN AVENUE
WHEREAS, the Specific Plan (SP06 -0001) for Terrabay Phase III, adopted by
Resolution 2006 -82 on October 11, 2006 ( "Specific Plan ") and Conditions of Approval for
Terrabay Phase III adopted by Resolution 2006 -82 on October 11, 2006 ( "Conditions of
Approval ") required the Terrabay developer (the "Developer ") to enter into an Affordable
Housing Agreement with the City and to construct 32 below market rate units ( "BMR Units ")
affordable to households earning not more than 120% of the area median income in San Mateo
County; and
WHEREAS, the requirement to construct the BMR Units was imposed by the City prior
to the City's adoption of its Inclusionary Housing Ordinance; and
WHEREAS, on March 26, 2007, the City and Developer entered into an Affordable
Housing Agreement pursuant to which Developer was required to construct the 32 BMR Units
on an off -site property within the City; and
WHEREAS, on June 25, 2008, the City Council approved an amendment to the Specific
Plan and the Conditions of Approval to allow the Developer to satisfy Developer's affordable
housing obligation by providing certain real property located at 418 Linden Avenue in South San
Francisco (the "Linden Property ") to the City, paying $800,000 in development fees and
providing various due diligence documents, in lieu of constructing the 32 BMR Units; and
WHEREAS, on June 25, 2008 the Developer and the City entered into an Amended and
Restated Affordable Housing Agreement permitting the Developer to satisfy its affordable
housing obligation by providing the Linden Property to the City, paying the $800,000 in
development fees and providing the due diligence documents, consistent with the amendment to
the Specific Plan and the Conditions of Approval; and
WHEREAS, the City proposes to construct or cause to be constructed twenty -five (25)
for -sale housing units on the Linden Property (the "Project ") and has submitted site
development plans for the Project; and
WHEREAS, the City has reviewed the Project and has determined that the construction
of 32 BMR Units on the Linden Property would be infeasible in light of the development size
and site constraints, and has agreed that providing BMR rental units offsite will satisfy the
requirements of the amendments to the Specific Plan and the Conditions of Approval; and
WHEREAS, the City proposes to meet the 32 unit affordable housing obligation
associated with the Linden Property by causing the required number of BMR Units to be
provided at an affordable rent at another location in the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco as follows:
1. The truth of the foregoing recitals is hereby acknowledged and incorporated herein.
2. The City shall cause 32 BMR Units to be constructed and offered at affordable rents at
636 El Camino Real in the City of South San Francisco (the "Affordable Housing Project ") for
a term of at least 55 years pursuant to a recorded Regulatory Agreement.
3. The City shall cause 22 two - bedroom and 10 one - bedroom residential units in the
Affordable Housing Project to be restricted for occupancy at affordable rents by households
whose annual gross income does not exceed fifty percent (50 %) of area median income.
4. The City Council hereby determines that development of 32 BMR Units within the
Affordable Housing Project in accordance with the occupancy and affordability requirements set
forth in this Resolution shall satisfy the affordable housing obligation associated with the Linden
Property.
5. Building permits for the Linden Property shall be issued only after City has recorded a
Regulatory Agreement against the Affordable Housing Project consistent with the requirements
of this Resolution.
6 The City Manager is hereby authorized to take all action necessary to implement this
Resolution.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 22 day of
February, 2012 by the following vote:
AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin,
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
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