HomeMy WebLinkAbout149-98RESOLUTION NO. 149-98
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AFFORDABLE
HOUSING AGREEMENT FOR THE FOR-RENT BELOW MARKET RATE
SECOND UNITS REQUIRED TO BE ESTABLISHED IN PUD 97-06/SD 8005
"LAUREL COURT" - ATTERBURY (58 LAUREL COURT)
WHEREAS, on June 16, 1998, the Danville Town Council introduced Ordinance No. 98-09 and
adopted Resolution No. 93-98; and
WHEREAS, collectively, these actions approved Preliminary Development Plan-Rezoning
request PUD 97-06 and Final Development - Major Subdivision request SD 8005; and
WHEREAS, the action provides for the construction of a 5-1ot/7-unit development on a 0.4+/-
acre property, with said approval being granted to Bemie Atterbury (applicant); and
WHEREAS, conditions of approval established for the project require the applicant to establish
two attached for-rent below market rate second dwelling units (BMR Units) and further require
that the BMR Units be made available, at least on an intermittent basis, for occupancy by very
low income households (i.e., the BMR Units are to have a rental rate that does not exceed the
maximum rate affordable to either one- or two-person households eaming a maximum of 50%
of the median income published for Contra Costa and Alameda Counties and are to be rented to
households meeting the very low income limits); and
WHEREAS, the applicant is required to execute an Affordable Housing Agreement with the
Town of Danville regulating the occupancy, sale and resale of the BMR Units; and
WHEREAS, 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
WHEREAS, the Town Council reviewed the agreement submitted by the applicant for the
regulation of occupancy and use, sale and resale of the affordable housing units in the subject
development on October 6, 1998; and
WHEREAS, a staff report was submitted recommending that the Town Council approve the
agreement for the BMR Units; now, therefore, be it
RESOLVED, that the Danville Town Council hereby finds that the agreement regulating the use
and occupancy of the two BMR Units to be established in two of the five project residences and
the sale and resale for those two housing units to be developed is appropriate; and be it further
PAGE 1 OF RESOLUTION NO. 149-98
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to execute
the Affordable Housing Agreement with the applicant in the form as submitted to the City Clerk,
together with such changes as may hereafter become necessary, provided such changes do not
materially increase the obligations of the Town; and, be it further
RESOLVED, that the Danville Town Council hereby directs the applicant to pay a one-time
processing fee of $500 to cover staff support costs incurred to date to process this project' s
Affordable Housing Agreement.
APPROVED, by the Danville Town Council at a regular meeting held on October 6, 1998, by
the following vote:
AYES: Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
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