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HomeMy WebLinkAbout162-98RESOLUTION NO. 162-98 AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AFFORDABLE HOUSING AGREEMENT FOR THE BELOW MARKET RATE HOUSING UNITS REQUIRED TO BE ESTABLISHED IN PUD 98-02/SD 8165 "SAN MICHELE" - BRADDOCK & LOGAN GROUP, L.P. (1185 AND 1195 LAWRENCE ROAD) WHEREAS, on September 1,1998, the Danville Town Council adopted Resolution No. 134-98 approving PUD 98-02 and SD 8165 ("San Michele" for Braddock & Logan Group, L.P.); and WHEREAS, the action provides for the construction of a 39-1ot single family residential project on 11.3+/- acres located at 1185 and 1195 Lawrence Road, being further identified as APN# 206-140-023 and -024; and WHEREAS, conditions of approval for the project require the applicant to comply with the Town' s Inclusionary Housing Ordinance requirements, incorporating for-rent below market rate (BMR) second dwelling units to be built within ten of the 39 units in the project with said for-rent BMR second units, when rented, to be made available to "low" income households (i.e., a one- or two- person household earning no more than 72% of the median income established for Contra Costa and Alameda Counties); and WHEREAS, Braddock & Logan Group, L.P. is required to execute an Affordable Housing Agreement with the Town of Danville regulating the occupancy, sale and resale of the affordable housing units; and WHEREAS, the intent and requirements pertaining to the use of for-rent below market rate second units as a means to satisfy a projeet's Inclusionary Housing Ordinance requirement were formalized through the Town Council 's May 5, 1998, approval of an amendment to the Town' s Inclusionary Housing Ordinance; and WHEREAS, the draft Affordable Housing Agreement for the project is consistent with the recently adopted changes to the Inclusionmy Housing Ordinance; 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 Braddock & Logan Group, L.P. for the regulation of occupancy and use, sale and resale of the affordable housing units in the subject development on November 4, 1998; and PAGE 1 OF RESOLUTION NO. 162-98 WHEREAS, a staff report was submitted recommending that the Town Council approve the agreement with Braddock & Logan Group, L.P. for the affordable housing units; now, therefore, be it RESOLVED, that the Danville Town Council hereby finds that the agreement regulating the use and occupancy of the ten for-rent BMR second units to be established in ten of the 39 project residences and the sale and resale the affected ten principal housing units is consistent with the provisions of the Town's Inclusionary Housing Ordinance; and be it further RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to execute the Affordable Housing Agreement with Braddock & Logan Group, L.P. 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. APPROVED by the Danville Town Council at a regular meeting held on November 4, 1998, by the following vote: AYES: Waldo, NOES: None ABSTAIN: None ABSENT: None Arnernich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 162-98