Termination of developer obligations after BMR unit transfer
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.
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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.
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.
The presentation highlighted transfers that do not meet the required conditions and the resulting default consequences under the BMR agreement.
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 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 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 agreement clarifies that any right, power, or remedy provided is not exclusive and can be used together with other rights or remedies.
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 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.
Developer must secure all required city and other governmental permits before construction begins.
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 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.
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 agreement states that it is a covenant that runs with the land, binding the developer’s successors and assigns to its terms.
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 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 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.
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.
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.
Applicants must have at least 50% ownership interest in the property they purchase.
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 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.
What's happening
Why it matters
Ensuring construction follows legal standards protects the quality and affordability of the new housing units.
Who is affected
How to act
Attend: Attend the Housing Commission meeting to hear the presentation.
Email: Not listed in the source document.
Submit comment: Not listed in the source document.
Decision update
The Housing Commission approved the creation of two ad‑hoc subcommittees—Housing Development and Anti‑displacement—adopted their purpose statements, and appointed Commissioners Beeli, Chapa, Oursler to the Housing Development subcommittee and Commissioners Dumont and Chapa to the Anti‑displacement subcommittee.
Decided Jun 3, 2026.
The Housing Commission will review its 2026‑2027 work plan.
What's happening
Why it matters
Not listed in the source document.
Who is affected
How to act
Attend: Not listed in the source document.
Email: Not listed in the source document.
Submit comment: Not listed in the source document.
Decision update
The Housing Commission voted to recommend that City Council approve the 2026‑2027 Housing Commission work plan, adding an amendment to increase the number of commission meetings held at the Belle Haven Community Campus to two.
Decided Jun 3, 2026.
Council will introduce and waive the first reading of an ordinance to repeal and replace Chapter 16.79 (Accessory Dwelling Units).
What's happening
Why it matters
Updating the ADU rules aligns the city with state law, creates more housing options, and expands amnesty to increase affordable housing.
Who is affected
How to act
Attend: Not listed in the source document.
Email: Not listed in the source document.
Submit comment: Not listed in the source document.
Decision update
The item “Replace Accessory Dwelling Units ordinance for consistency with state law” passed unanimously (Unanimous).
Decided May 19, 2026.