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HomeMy WebLinkAboutR-11497 conversion of one Below Market Rate Rental Unit to a Home Ownership Unit within the City’s Below Market Rate Housing Program (Garden Street Terraces)R 11497 RESOLUTION NO. 11497 (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO APPROVE THE CONVERSION OF ONE BELOW MARKET RATE RENTAL UNIT TO A HOME OWNERSHIP UNIT WITHIN THE CITY’S BELOW MARKET RATE HOUSING PROGRAM WHEREAS, on March 4, 2014, the City Council approved Resolution Number 10504, to allow for the construction and operation of a mixed-use building located at 1119 Garden Street, referred to as Garden Street Terraces, and WHEREAS, the project approval included a public benefit provision to provide 2 Moderate-Income rental units located off-site, and WHEREAS, an Affordable Housing Restriction Agreement and Declaration of Restrictive Covenants was entered into on March 26, 2018 (the “Agreement”), to deed restrict 2 Moderate-Income rental units, and WHEREAS, the owner has requested to convert one of the units to an ownership unit so that it may be sold to an eligible buyer subject to the City’s Below Market Rate Housing Standards and Purchase Guidelines, and WHEREAS, the City Council of the City of San Luis Obispo conducted review of the request on June 4, 2024, as a consent agenda item and has duly considered all evidence and recommendations by staff. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Determination. The City Council finds and determines that the request is consistent with implementing the City’s Housing Element and Major City Goals to expand housing opportunities for all and approves of the conversion, subject to the following conditions: 1. The Agreement shall be amended to convert one moderate-income rental unit to an ownership unit and shall be deed restricted for no less than 45 years upon sale to an eligible buyer. 2. The home shall not be sold until the amendment to the Agreement, in a form satisfactory to the Community Development Director, is executed by all parties. The Community Development Director is authorized to execute the amendment, and any other agreements necessary to carry out the purposes of this request, on behalf of the City. 3. In order to ensure housing stability for the existing tenant and upon confirmation of eligibility for the City’s below market rate homeownership program, the existing tenant shall be offered a first option to purchase the unit. Facilitation of this option shall be the responsibility of the Community Development Director or their designee. DocuSign Envelope ID: B8F566B3-082B-4F49-90B8-31740AA7379B Resolution No. 11497 (2024 Series) Page 2 R 11497 4. In the event that the existing tenant is not an eligible buyer or decides not to purchase the home, they shall be entitled to reside in the unit for the remainder of the lease agreement or reside in the unit for 90 days after approval of this resolution, whichever is date is later. 5. The eligible buyer of the homeownership unit shall execute a Promissory Note, which shall be secured by a Deed of Trust in favor of the City. The Promissory Note shall include provisions restricting the occupancy, resale, and refinancing of the unit. Upon motion of Council Member Shoresman, seconded by Council Member Francis, and on the following roll call vote: AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of June 2024. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk DocuSign Envelope ID: B8F566B3-082B-4F49-90B8-31740AA7379B 6/11/2024 | 11:12 AM PDT