HomeMy WebLinkAbout078-97RESOLUTION NO. 78-97
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AFFORDABLE
HOUSING AGREEMENT TO PROVIDE BELOW-MARKET-RATE ROOMS WITH
OAKMONT OF DANVILLE LLC AT THE ASSISTED LIVING FACILITY LOCATED
AT 1027 DIABLO ROAD (PORTION OF APN 202-081-006)
WHEREAS, on January 28, 1997, the Danville Planning Commission adopted Resolution No.
97-04 approving Land Use Permit request LUP 96-30, Development Plan request DP 96-25 and
Minor Subdivision request MS 856-96; and
WltEREAS, the action provides for construction of a 53,000-square foot - 76 unit assisted living
facility over a portion of a 3.15+/- acre parcel located on the south side of Diablo Road identified
as 1027 Diablo Road (portion of APN//202-081-006); and
WHEREAS, conditions of approval for the project require that Oakmont Retirement
Communities, LLC establish and maintain in perpetuity seven rooms (10% of the rooms in the
facility) as below-market-rate rooms (the "BMR Rooms"); and
WI-IEREAS, the rent for the BMR Rooms shall not exceed the upper limit of the allowable rental
price affordable to moderate income households, adjusted as appropriate for household size and
assigning a maximum of 30 % of monthly household income toward rent; and
WItEREAS, Oakmont of Danville LLC is required to execute an Agreement to Provide Below-
Market-Rate Rooms (the "Agreement") with the Town of Danville regulating the occupancy of
the BMR Rooms; and
WltEREAS, promoting the development of affordable housing within the Town of Danville is
a goal of the adopted 1990-1995 Housing Element Update of the Town of Danville; and
WItEREAS, the Town Council reviewed the Agreement submitted by Oakmont of Danville LLC
for occupancy restrictions of the BMR Rooms in the subject development on June 3, 1997; and
WHEREAS, a staff report was submitted recommending that the Town Council approve the
Agreement with Oakmont of Danville LLC for the BMR Rooms; and
WHEREAS, minor revisions to the Agreement need to be made prior to its execution (i.e., the
provisions outlined within the May 19, 1997, letter to Mr. Robert S. Rutherford representing
Oakmont of Danville, LLC); and
WI-IEREAS, these revisions have been discussed with the developer, who has indicated that they
are acceptable and will be incorporated into the executed document. now, therefore be it
RESOLVED, that the Danville Town Council hereby finds that the Agreement regulating the
occupancy of the BMR Rooms within the assisted living facility to be constructed under LUP 96-
30 and DP 96-25 is substantially appropriate as submitted; and, be it further
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to execute
the Agreement to Provide Below-Market-Rate Rooms with Oakmont of Danville LLC in the form
as lodged with the City Clerk, together with such changes as may hereafter become necessary,
provided such changes do not materially increase the obligations of the Town thereunder, with
such changes to include insertion of a direct reference back to the project condition of approval
setting out the requirement to provide affordable units and an indication that failure to provide
such units would be grounds for revocation of the project's land use permit.
APPROVED by the Danville Town Council at a Regular Meeting on June 3, 1997, by the
following vote:
AYES: Doyle, Waldo,
NOES: None
ABSTAIN: None
ABSENT: Greenberg
Arnerich, Shimansky
APPROVED AS TO FORM:
CITY ATTORNEY
?
:f
MAYOR
ATTEST:
CITY CLERK
PAGE NO. 2 RESOLUTION NO. 78-97