Planning commission approves sale of Bijon development affordable unit with perpetual deed restriction

The Sonoma City Planning Commission on July 16 approved a modification to the Bijon development that allows the project’s designated affordable unit at 1203 Broadway to be sold to a moderate‑income household, with the affordability requirement recorded in perpetuity.

Community Development Director Jennifer Gates told the commission the 2019 approval identified the front parcel as the affordable unit but did not specify whether it should be low‑ or moderate‑income or whether it must be rented or sold. Gates said the recorded agreement later listed the unit as a low‑income rental, creating ambiguity when the owner now seeks to sell the front historic house as a deed‑restricted moderate‑income home.

Commissioners questioned whether the original intent was rental and asked staff to confirm administrative details. Commissioner Barnett noted the conditions of approval required rental but not an income tier; Gates said staff found the rental requirement in the conditions but not a specification of low versus moderate income and recommended a focused modification to permit sale to a moderate‑income buyer.

The applicant (introduced in the record as Sean) told the commission he is committed to keeping the unit permanently affordable and asked the city to change only the form of affordability from rental to ownership. "The unit is permanently affordable to the end of the recorded agreement, and I'm fully committed to that remaining permanently affordable," the applicant said, and added that converting to ownership makes the home more feasible for buyers under local lending constraints. He also said the developer previously contributed $80,000 to the city's affordable housing fund for this unit.

Neighbors raised operational concerns. Bruce Faust, property manager at 1221 Broadway, told the commission there is no clear place for garbage at the front parcel, that shared‑driveway paving has produced maintenance issues, and that exterior lighting approved with the project has created nuisance glare for adjacent tenants. Staff said they would work with the property manager to resolve trash placement and to ensure lighting complies with code.

Commissioner Dunbach moved to approve the modification to allow sale of the affordable unit to a moderate‑income household, with the deed restriction written in perpetuity and with added conditions to address trash and lighting issues. The motion was seconded and passed unanimously on roll call.

The commission’s action modifies the development’s condition of approval to permit sale as a deed‑restricted moderate‑income home; staff will record the deed restriction and include the city’s first right of refusal language in the agreement. The public hearing for item 4.1 was closed at the end of the vote.