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ATTY/RESO.0052/ CC RESO APPROVING SUBSTITUTE SITE AS AFFORDABLE HOUSING SITE (705 VETERANS)(1900 BROADWAY DA) <br />REV: 07-21-26 MI <br />Page 2 of 11 <br />Housing Land Donation Agreement attached as Exhibit F to the 1900 Broadway DA, in <br />compliance with the Affordable Housing Ordinance and Guidelines, because, among <br />other things, the number of affordable units to be constructed resulted in at least forty- <br />six (46) more units than required under the Affordable Housing Ordinance, and the <br />appraised value of the Affordable Housing Site was determined to be Nine Million Three <br />Hundred Sixty Thousand Dollars ($9,360,000), which was Three Million, Five Hundred <br />Eighty-Six Thousand Five Hundred Sixty Three Dollars ($3,586,563) greater than the <br />Affordable Housing Impact Fee required to be paid under the Affordable Housing <br />Ordinance; and <br /> <br />WHEREAS, on February 20, 2026, 1900 Broadway Owner LLC acquired fee <br />ownership of the real property located at 1900 Broadway from Lane, and assumed <br />pursuant to that certain Assignment and Assumption Agreement, recorded with the <br />County of San Mateo Recorder’s Office on February 23, 2026, as Instrument No. 2026- <br />008923, all rights, duties, and obligations of Lane under the 1900 Broadway DA, with <br />respect to the 1900 Broadway Project, and is hereinafter referred to as “Developer”; and <br /> <br />WHEREAS, pursuant to Section 2.2(D) of the 1900 Broadway DA, in the event <br />Developer loses its legal or equitable interest in the Affordable Housing Site and/or the <br />transfer of the Affordable Site to the Affordable Housing Partner is no longer economically <br />feasible, Developer may request City Council consider approval of a substitution of the <br />Affordable Housing Site and Affordable Housing Project with another land donation of off- <br />site real property and associated development of affordable units (“Proposed Substitute <br />Site”) at a public hearing, at which hearing the City Council may, in its sole and absolute <br />discretion, determine whether the Proposed Substitute Site satisfies all of the following <br />conditions or are considered waived by the City Council: <br /> <br />(a) The transfer of the Affordable Site to the Affordable Housing Partner is <br />infeasible; <br /> <br />(b) The Proposed Substitute Site meets all of the requirements of the Affordable <br />Housing Ordinance for land donations; <br /> <br />(c) The Proposed Substitute Site has a substantially similar or greater <br />appraised value; <br /> <br />(d) The Proposed Substitute Site project will provide at least seventy-one (71) <br />affordable units; <br /> <br />(e) The new Affordable Housing Plan meets the requirements of the Affordable <br />Housing Ordinance; <br /> <br />(f) The Proposed Substitute Site has been issued or is concurrently being <br />issued entitlements or permits consistent with the new Affordable Housing Plan; <br />and, <br />