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HomeMy WebLinkAbout024-99RESOLUTION NO. 24-99 AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AFFORDABLE HOUSING AGREEMENT FOR THE FOR-RENT BELOW MARKET RATE SECOND UNITS REQUIRED TO BE ESTABLISHED IN SD 8141 "THE CROSSINGS" - DAVIDON HOMES (1752 GREEN VALLEY ROAD) WHEREAS, on October 13, 1998, the Planning Commission adopted Resolution No. 98-41 approving Major Subdivision request SD 8141 to construct a 13-1ot single family residential project ("The Crossings"); and WHEREAS, the approval was granted to Davidon Homes, a California Limited Partnership; and WHEREAS, the action provides for the construction of a 13 -lot single family residential project on 4.43+/- acres located at 1752 Green Valley Road, being further identified as APNtt 195-090- 003 & -004; and WHEREAS, conditions of approval for the project require the applicant to comply with the Town's Inclusionary Housing Ordinance requirements by constructing three for-rent below market rate (BMR) second dwelling units to be built as detached units on three of the 13 lots in the project; and WHEREAS, the three for-rent dwelling second units, when rented, are to be made available to "low" income households (i.e., a one- or two- person household eaming no more than 72% of the median income established for Contra Costa and Alameda Counties); and WHEREAS, Davidon Homes, a California Limited Partnership, 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 offor-rent BMR second dwelling units as a means to satisfy a project'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 adopted changes to the Inclusionary 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 Davidon Homes for the regulation of occupancy and use, sale and resale of the affordable housing units in the subject development on March 16, 1999; and WHEREAS, a staff report was submitted recommending that the Town Council approve the agreement with Davidon Homes for the affordable housing units; now, therefore, be it RESOLVED, that the Danvi lle Town Council hereby finds that the agreement regulating the use and occupancy of the three for-rent BMR second dwelling units and the sale and resale of the affected ten primary residential units is consistent with the provisions of the Town 's Inclusionary Housing Ordinance; and be it further RESOLVED, that the developer is directed to pay a one-time processing fee of $500 to cover the staff support costs incurred to date to process this project's Affordable Housing Agreement; and be it further RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to execute the Affordable Housing Agreement with Davidon Homes 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 on March 16, 1999, by the following vote: AYES: Arnerich, NOES: None ABSTAIN: None ABSENT: Waldo Greenberg, Doyle, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 24-99