COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

May 5, 2005

BOARD MEETING DATE:

May 24, 2005

SPECIAL NOTICE/HEARING:

10 days, within 300 ft.

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

Consideration of a Regulatory Agreement between the County and Phillip and Christine Stahl for an affordable housing unit located at 3560 La Honda Road in the unincorporated San Gregorio area of San Mateo County.

RECOMMENDATION

Adopt a resolution authorizing:

A.

A Regulatory Agreement and Declaration of Restrictive Covenants between Phillip and Christine Stahl and the County to ensure the long-term affordability of a housing unit.

B.

The County Manager or his designee to record the agreement and any other documents that may be required to implement the agreement.

VISION ALIGNMENT

Commitment: The conversion of a previous farm labor-housing unit into an affordable housing unit, which this contract agreement will formally implement, fulfills Commitment Number 4 (Offer a Full Range of Housing Choices).

Goal: Number 9, which states: “Housing exists for people at all income levels and for all generations of families.” The project contributes to this commitment and goal by providing for housing available to residents who might otherwise not be able to afford housing due to income limitations.

The conversion of a previous farm labor housing unit into an affordable housing unit, which this contract agreement will formally implement, fulfills Commitment Number 4 (Offer a Full Range of Housing Choices) and Goal Number 9, which states: “Housing exists for people at all income levels and for all generations of families.” The project contributes to this commitment and goal by providing for housing available to residents who might otherwise not be able to afford housing due to income limitations.

BACKGROUND

The applicant is proposing to convert an existing 1,400 sq. ft. modular home from farm labor housing to affordable housing. If approved, the conversion will provide housing to residents who might otherwise not be able to afford housing due to income limitations.

This project was initially on the Board’s April 12, 2005 agenda. However, this item was continued to allow the preparation of a revised staff report addressing the current number of affordable housing units in the coastal zone and the administrative procedures for verifying affordability once the regulatory agreement is executed.

SUMMARY

On August 19, 2004, the Zoning Hearing Officer (ZHO) conditionally approved the conversion from farm labor housing to permanent affordable housing for an existing 1,400 sq. ft. modular home at 3560 La Honda Road in San Gregorio. The subject 7-acre parcel is zoned Planned Agricultural District and is developed with a single-family residence and the subject farm labor housing unit. The ZHO approval is subject to affordable rent restrictions in the County LCP and General Plan to be implemented through the attached Regulatory Agreement.

The LCP provides 30 floating density credits total which can be used to provide affordable housing in the rural south coast. Staff has determined there are 20 existing affordable housing units to date. In 1991, staff completed a Housing Element update and determined there were 10 existing units. The 2004 Housing Element update indicates 10 additional affordable housing units have been processed. This affordable unit qualifies for that program.

The Planning Division has implemented an administrative review process to monitor and regulate affordable unit agreements for compliance with maximum income levels approved in the Agreements. The Developer will be notified by the County’s Planning Department annually. The notification will request the Developer to submit proof of income level, on behalf of the Affordable Housing Unit tenant, to the Planning Division. Planning staff will complete an administrative site inspection to confirm occupancy by the subject tenants. Proof of income level and confirmation of the occupancy by the tenants will remain on file throughout the tenure of the affordable housing unit.

The owner has agreed to and signed the subject Regulatory Agreement and Declaration of Restrictive Covenants, which limit the housing unit to occupation by very low, low and/or moderate income households for the life of the unit.

Another issue that has arisen concerns a condition of approval in the ZHO’s decision which requires the applicant to change the name of the street address for fire safety reasons. Although the current address is La Honda Road, the property is actually located on a private road off La Honda Road along with other properties. The name change was suggested so that fire officials would be able to find the housing unit more quickly and efficiently. The applicant initially accepted the condition, and no one appealed the ZHO’s decision. It is now final. The only options are for the applicant to (1) apply for an amendment of the ZHO decision to remove the requirement or (2) initiate the name change.

FISCAL IMPACT

No fiscal impact.

ATTACHMENTS

A.

Resolution Authorizing Execution of a Regulatory Agreement and Declaration of Covenants

B.

Regulatory Agreement and Declaration of Restrictive Covenants