Housing CommissionMenlo Park
Review and recommend Housing Commission 2026-2027 work plan
The commission will review the Housing Commission’s work plan for 2026‑2027.
Under discussionComment option listedJun 3Housing
Housing Commission
Summary cards
The commission will review the Housing Commission’s work plan for 2026‑2027.
The developer proposes two Below Market Rate (BMR) units: one low‑income unit and one very low‑income unit. The very low‑income unit is designated to satisfy the project's BMR obligation.
Staff recommends the Housing Commission approve a draft Below Market Rate (BMR) Housing Agreement for a six‑unit townhouse project at 624 University Dr. The agreement includes two on‑site, for‑sale, low‑income and very low‑income units.
The City or its designee obtains an appraisal to determine the unit’s market value, considering any substantial improvements made by the seller.
The commission will present that the BMR Housing Fund may provide below‑market‑rate financing for homebuyers as one of its eligible uses. No decision is required.
The commission will describe the process after a seller notifies the City and the unit is deemed in good repair. It covers how the City sets the price for the BMR unit. No action is requested.
Developers must notify the city when a BMR unit passes its final inspection. City staff then inspect the unit, issue a certifying letter, and determine the unit’s price using tax, HOA, and other data. Household size calculations include children under joint custody arrangements.
The presentation outlines that approvals required by the agreement must be in writing, and the city manager or designee may grant approvals that cannot be unreasonably withheld.
The presentation states that the agreement will be interpreted under California law. Any references to statutes will follow future amendments, and legal actions will be taken in the County.
The agreement provides that if any provision is declared invalid, illegal, or unenforceable, the remaining provisions stay in effect.
The agreement defines a household as all persons occupying a housing unit, including family members, lodgers, foster children, wards, or employees, and sets residency requirements.
The agreement states that if either party brings a lawsuit to enforce rights, the prevailing party can recover reasonable attorney’s fees and costs from the other party.
The presentation stated that the design and materials used in BMR units must be comparable to other new units in the development, though not required to be luxury quality.
The developer agrees to build the project in compliance with the Municipal Code and all applicable laws. This presentation outlines the purpose of the city’s BMR Housing Program.
The commission will describe how the City or its designee will set a sales price based on the original price, depreciation, and one‑third of the Bay Area cost‑of‑living index increase. The lower of market value or computed price will be used. No vote is needed.
The commission will present that the City or its designee will check major lenders for current mortgage information, including interest rates and down payments, to estimate monthly housing costs. This supports the BMR unit pricing process. No decision is required.
BMR owners may refinance, but must first contact the city’s BMR housing program provider. The provider supplies the current BMR valuation and ensures any loan does not exceed that value. A refinancing fee is set by the provider.
Developer must secure all required city and other governmental permits before construction begins.
Applicants must have at least 50% ownership interest in the property they purchase.
The commission outlined the definition of a first‑time homebuyer. It states that no household member may have owned a primary residence in the past three years. Mobile home owners are also included.
The presentation explains that the city no longer maintains a ranked BMR purchase waitlist, but created a legacy list for households that were on the ranked list as of January 1, 2021, giving them priority over new applicants until the list is empty.
The presentation states that, if authorized, developers may provide BMR units at a different site, but they must be delivered by project completion and meet the same income‑target percentages as on‑site units. Existing units must be repaired at developer expense, and pricing follows the same guidelines as on‑site units.
The presentation says the developer must repay the city for reasonable costs, including attorney fees, incurred in reviewing transfer documents and successor qualifications, within ten days of receiving an invoice.
The presentation requires the developer to maintain insurance as specified in Exhibit D at its own expense until the unit is transferred and the resale restriction agreement takes effect.
The presentation states that, to the fullest extent allowed by law, the developer must indemnify and defend the city and its heirs, using counsel approved by the city.
The presentation explains that the agreement cannot be changed orally; any amendment must be a written document signed by both the developer and the city.
The agreement states that it is a covenant that runs with the land, binding the developer’s successors and assigns to its terms.
The agreement sets notice requirements, stating that notices are deemed satisfied three days after mailing or upon personal delivery, and provides the developer’s address for notices.
The presentation highlighted transfers that do not meet the required conditions and the resulting default consequences under the BMR agreement.
BMR units have a 55‑year right of first refusal for the City, with purchase price based on market value or seller price plus CPI adjustments.
The presentation described how a developer's responsibilities end once a BMR unit is recorded to an eligible buyer, following the grant deed and Resale Restriction Agreement requirements.
A presentation explained how BMR (Below‑Market‑Rate) units will be sold to eligible low‑income and very low‑income buyers under the BMR Ordinance. The sale process begins once the city sets the Maximum Sales Price.
The commission outlined how City Council referrals are transmitted to staff liaisons, the rules for commission members speaking in public, and the $200 per month stipend for Planning Commissioners. It also described the process for disbanding advisory bodies.
The agreement clarifies that any right, power, or remedy provided is not exclusive and can be used together with other rights or remedies.
The commission described its process for taking action minutes, maintaining a minute book, and preparing reports for City Council meetings. It noted that staff must ensure accuracy and formatting of minutes.
City Council will assign liaison positions to the housing commission at the start of the term in December.
The Planning Commission approved a use permit, architectural control, and an affordable housing agreement for the 624 University Dr. project. The City Council approved a Vesting Tentative Map for the same project.
The developer must design and construct the project in accordance with all applicable state and local laws, including labor standards, zoning, building codes, and disability access requirements.
Owners must occupy the BMR property as their primary residence for 55 years, staying at least 10 months each year.
The City Council will set a rental in‑lieu fee tied to the cost of building a standard one‑bedroom unit.
The Housing Commission may create an ad hoc subcommittee to advise the full commission.
The City or its designee obtains the homeowner’s dues, insurance, and tax amounts from the seller.
The developer proposes two BMR units: one low‑income and one very low‑income.
The developer must comply with state labor standards, zoning, building, plumbing, mechanical, electrical codes, and the ADA.
If any part of the agreement is declared invalid, the rest remains enforceable.
The City can waive any term or condition of the agreement by written consent.
A cure of default made by the developer’s limited partner or senior mortgage lender counts as a cure by the developer.
All household members must live together as their primary residence at the time of application.
A notice is considered satisfied three days after it is mailed by first‑class certified mail.
The agreement runs with the land and binds the developer and its permitted successors and assigns.
City members, officials, employees, and agents are not personally liable for any default or breach by the City.
The commission is reviewing the governing law clause of the housing agreement.
The commission is reviewing the amendment clause that only written agreements can change the housing agreement.
The commission is reviewing the insurance clause that sets coverage requirements until the unit is transferred.
The commission is reviewing the cost recovery clause that requires the developer to pay the city for legal and review expenses.
A household includes all people living in a housing unit, such as family members, lodgers, foster children, or employees.
The commission is reviewing how BMR unit requirements grow as the number of units in a development increases.
The commission is reviewing the legacy list that gives priority to households previously on the ranked BMR purchase waitlist.
The City is the only party that can enforce the agreement to meet affordable‑housing goals.
Applicants must not have owned a home as a primary residence within the last three years.
All adult applicants and household members must complete a one-time homebuyer education workshop, class, or counseling session.
Applicants must meet income eligibility limits to be placed on the BMR interest list.
Developers must notify the City when a BMR unit is ready for sale and occupancy.
Households with gross incomes at or below the Low Income level for San Mateo County can occupy Below Market Rate (BMR) rental units.
The commission is reviewing the indemnification clause that requires the developer to defend and hold the city harmless.
BMR owners must contact the City before adding anyone to title or transferring the unit.
Sellers must notify the City by certified mail and ensure the unit is in good repair and “salable condition,” covering items like flooring, systems, fixtures, and landscaping.
When the seller notifies the City and the unit is deemed in good repair, the City sets the price for the BMR unit.
The City or its designee obtains an appraisal to determine the market value of the unit.
The City sets the sales price based on original price, depreciation, and a portion of the Bay Area cost‑of‑living increase, using the lower of appraised value or computed price.
The City hires a realtor to manage the sale of the BMR unit.
The City and seller agree on a schedule of open houses for the unit, arranged at the seller’s convenience.
The procedure follows the same steps as Sections 9.1.7‑9.1.16, substituting the seller for the developer.
The City or its designee files the Grant Deed, BMR Agreement, Deed Restrictions, and release with the title insurance company for recording.
Requests for BMR fund use must be submitted to staff with details on the proposal, funding amount, households served, and loan terms.
Staff asks the Housing Commission to recommend the Planning Commission approve a BMR agreement for two low‑income, for‑sale units in a six‑unit townhouse project at 624 University Dr.
City staff reported on activity, deposits, disbursements, and available funds for the BMR Housing Fund.
City Council will assign liaison roles for commissions at the start of the council term in December.
The commission will study matters referred by the City Council and provide recommendations back to the council.
The commission will take action minutes and keep a signed minute book.
The commission will promptly act on referrals and requests from the City Council and report back.
Households must have gross income at or below 120% of the San Mateo County AMI, adjusted for household size.
BMR owners can refinance their debt but must contact the City's BMR program provider first.
Only households with gross incomes at or below the Low Income level for San Mateo County, adjusted for household size, may occupy BMR rental units.
The BMR Housing Fund may provide below‑market‑rate financing for homebuyers.
The developer must build the project following the City’s Municipal Code and all applicable laws.
The commission is reviewing the approval clause that requires written consent and may be given by the City Manager.
The City checks major lenders to obtain current mortgage rates, loan terms, points, and down‑payment requirements.
No final inspection of BMR units until the purchase or rental price is agreed in writing by the developer and the City Manager.
The agreement becomes effective when the developer receives a certificate of occupancy or temporary certificate.
Developer covenants that there will be no discrimination based on protected classes in sale, lease, or occupancy of the units.
Residential projects of five or more units must submit a BMR Housing Agreement.
Purchasers must sign a statement agreeing to occupy the BMR unit as their principal residence.
The developer must obtain all city and other governmental permits before construction begins.
The agenda notes that this item is intentionally omitted and provides no further information.
The commission is reviewing rules for providing BMR units at locations other than the main development.
The developer must keep the project and property in good repair and safe condition during the agreement term.
Developer must follow recordkeeping and monitoring guidelines set by the City.
At least 50% of the ownership interest in a BMR property must belong to the qualifying applicant(s).
The agreement will be recorded in San Mateo County records and cannot be subordinated to other liens without City written consent.
The city will sell BMR units only to eligible low‑income or very low‑income buyers.
The presentation defines “Transfer” to include sales, assignments, or loans on BMR units.
The presentation outlines transfers that do not substantially comply with the required conditions.
Buyers must sign and record a Resale Restriction Agreement that limits future sales to low‑income or very low‑income households for a period of fifty‑five (55) years.
BMR units must match market‑rate units in size and square footage.
BMR units must use design and materials comparable to other new units in the development.
The commission is reviewing price guidelines for on‑site BMR units and the bonus‑unit allowance.
Performance delays caused by war, strikes, riots, flood or similar events are not considered a default.
The party that wins a lawsuit can recover its costs and reasonable attorney fees from the other party.
Any right, power, or remedy in the agreement is cumulative and does not exclude other rights.
BMR owners must contact the City’s BMR Housing Program provider before refinancing or taking an equity line.
Developers must notify the city when a BMR unit passes its final building inspection and is ready for sale.
The city no longer maintains a ranked BMR purchase waitlist and does not add new households to it.
All household members must not have owned a primary residence in the past three years.
The maximum sales price is calculated to be affordable for eligible BMR households using income limits, mortgage rates, down payments, and other homeownership costs.
Developers may provide off‑site BMR units if approved, and must be ready before project completion while meeting the same income criteria as on‑site units.
Initial selling price for BMR for‑sale units is set based on a percentage of area median income (AMI) for various income levels.
The BMR Housing Program aims to increase affordable housing for low- and moderate-income households.
Developer must maintain the specified insurance policies throughout the affordability period.
The City records the agreement at no charge and requires owner consent for any lease or rental, especially short‑term rentals.
Staff reported on May’s Affordable Housing Month.
Presentation of the insurance requirements exhibit for a very‑low‑income below‑market‑rate home resale restriction.
Presentation of the exhibit that details the resale restriction agreement for a low‑income below‑market‑rate home.
No details are provided for this item.
The presentation states that purchasers must sign a statement agreeing to occupy the BMR unit as their principal residence and not rent it, except as allowed.
The commission will vote to approve the meeting minutes from May 6, 2026.
The commission will discuss items that may appear on future agendas.
After the seller notifies the City and the unit is approved as salable, the City sets the sale price for the BMR unit.
Developer must keep the project and property in good repair, safe and sanitary condition during the agreement term.
The presentation explains that a transfer not complying with the conditions is deemed a “Prohibited Transfer.”
Agreement will be recorded in San Mateo County records and cannot be subordinated to any lien without City consent, except for taxes and permitted encumbrances.
The commission will recommend the Planning Commission approve a below‑market‑rate housing agreement for a 6‑unit development at 624 University Dr.
Recommend the Planning Commission approve a below‑market‑rate housing agreement for a 6‑unit development at 624 University Dr.
Staff reported on the resource fair planning progress.
The presentation describes that developer obligations end when the BMR unit is recorded to the buyer or City under the grant deed and resale restriction agreement.
The presentation explains that BMR units will be sold only to eligible low‑income or very low‑income buyers as defined by state code.
The city clerk will send all City Council referrals to the designated staff liaison.
The agreement becomes effective when the developer receives a certificate of occupancy or temporary certificate of occupancy from the City.
Developer must design and build the project in compliance with all applicable laws, codes, and disability access requirements.
Developer agrees to construct the project in accordance with the Municipal Code and all applicable laws.
Developer proposes two BMR units: one low-income and one very low-income.
Commission members may take action minutes after agreement.
Developer must execute and record a BMR Housing Agreement before a building permit can be issued.
After a public hearing, the Planning Commission approved a use permit, architectural control, affordable housing agreement, and concessions for a project under State Density Bonus Law.
Commission will develop an anti-displacement strategy and evaluate community-identified tools.
The work plan includes pursuing affordable housing on city‑owned downtown parking lots.
The sale procedure follows the same steps outlined in earlier sections, substituting the seller for the developer.
The City establishes the sales price using the original selling price, depreciation of improvements, and one‑third of the Bay Area cost‑of‑living index increase, choosing the lower of the appraised value or the computed price.
The City or its designee checks major lenders for prevailing interest rates, loan terms, points, and minimum down payments, then estimates monthly housing costs.
The commission will create ad‑hoc committees, adopt their purpose statements, and select members.
The Commission will create ad hoc committees.