HomeMy WebLinkAbout132-00RESOLUTION NO. 132-2000
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 99-01/SD 8283
"AUTUMN CREEK WEST" - LENOX HOMES, LLC
(CAMINO TASSAJARA AND SYCAMORE VALLEY ROAD)
WHEREAS, on March 8, 2000, the Danville ToWn Council adopted R. esolution No.. 2000-
30 approving PUD 99-01 and SD 8283 ("Autumn Creek West" for Lenox Homes, LLC); and
WHEREAS, the action provides for the construction of a 10-lot single family residential
project on 11.07+/- acres surrounding the southern sides of the EBMUD pumping facility
located at the south of the intersection of Camino Tassaj'ara and Sycamore Valley Road,
being further identified as APN# 207-050-018; 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 two of the ten primary residential 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 Conira Costa and Alameda Counties); and
WHEREAS, Lenox Homes, LLC 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 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
recently 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 Lenox Homes. LLC
for the regulation of occupancy and use, sale and resale of the affordable housing units in the
subject development on November 21. 2000; and
WHEREAS, a staff report was submitted recommending that the Town Council approve the
agreement with Lenox Homes, LLC 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 for-rent BMR second units to be established in two of the ten
primary residential units and the sale and resale the two affected primary residential 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 Lenox Homes, LLC 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 8, 2000,
by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Greenberg, Doyle, Arnerich, Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 132-2000