HomeMy WebLinkAbout025-99RESOLUTION NO. 25-99
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AFFORDABLE
HOUSING AGREEMENT FOR THE FOR-RENT BELOW MARKET RATE
SECOND UNITS REQUIRED TO BE ESTABLISHED IN PUD 96-05/SD 8003
"VICTORIA PLACE" - DAVIDON HOMES (NORTHEAST CORNER OF THE
INTERSECTION OF LACEWOOD WAY AND OLD BLACKHAWK ROAD)
WHEREAS, on January 20, 1998, the Town Council introduced Ordinance No. 98-01 and
adopted Resolution No. 7-98 approving Preliminary Development Plan-Rezoning request PUD
96-05 and Final Development - Major Subdivision request SD 8003 to construct a 19-lot single
family residential project; and
WHEREAS, the approval was granted to Castle Construction Company, Inc., and the project was
previously referred to as "Old Blackhawk Estates"; and
WHEREAS, subsequent to these Council actions, the project was sold to Davidon Homes, who
requested Planning Commission approval for revised project architecture with their submittal of
Revised Final Development Plan request DP 98-40; and
WHEREAS, the Planning Commission approval of DP 98-40 was provided through Planning
Commission Resolution No. 98-55; and
WHEREAS, the action provides for the construction ofa 19-1ot single family residential project
on 9.62+/- acres located at northeast comer of the intersection of Lacewood Way and Old
Blackhawk Road, being further identified as APN# 203-160-002; -003 and -004; 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 five of the 19 units in the project with said for-
rent BMR second dwelling 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, 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 Danville Town Council hereby finds that the agreement regulating the use
and occupancy of the five for-rent BMR second dwelling units and the sale and resale of the
affected five 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
CITY CLERK
PAGE 2 OF RESOLUTION NO. 25-99