RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
RECOMMENDING CITY COUNCIL APPROVING REVISIONS TO BELOW MARKET
RATE (BMR) ADMINISTRATIVE PROCEDURES AND GUIDELINES (BMR
GUIDELINES) AND FINDING THE AMENDMENTS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2023-0008
CITY OF FOSTER CITY
WHEREAS, the Community Development Department (CDD) oversees Affordable Housing programs, including Deed Restricted Ownership Units, Below Market Rate (BMR) program, Existing Unit Purchase Program, HIP Home Sharing Program, and Housing Rehabilitation Loan Program; and
WHEREAS, the BMR program covers all rental and ownership properties subject to an affordable housing deed restriction or agreement that restricts units to extremely low, very low, moderate, or workforce units; and
WHEREAS, in order to assist with responsibilities of overseeing and monitoring existing BMR programs, the BMR Administrative Procedures and Guidelines “BMR Guidelines” were created in 2010, and minor revisions were made in 2011, 2016, and 2020; and
WHEREAS, Chapter 17.90, Below Market Rate Inclusionary Housing Program, to Title 17, Zoning, of the Foster City Municipal Code implements the city’s adopted inclusionary policy; and
WHEREAS, the CDD staff reviewed Chapter 17.90 and the related documents, including the BMR Guidelines, and determined that the implementation and enforcement of existing BMR programs could be improved with revisions to BMR Guidelines to provide clarity to landlords and tenants for BMR unit administration practices and to better support the City’s anti-displacement and further fair housing strategies; and
WHEREAS, for effective implementation of the BMR Guidelines, staff divided the existing guidelines into (i) ownership and (ii) rental property documents due to the differences between the two (2) programs and made further revisions; and WHEREAS, CDD Director may revise rules, regulations and guidelines as per the provisions outlined in section 17.90.060.F; and
WHEREAS, the amendments to the BMR Guidelines are exempt under the CEQA Guidelines Section 15061(b)(3), Common Sense Exemption; and NOW THEREFORE, BE IT RESOLVED that the City Council of the Foster City does hereby approve revisions to BMR Guidelines attached as Exhibits A and B.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of December, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK