HomeMy WebLinkAbout004-05RESOLUTION NO. 4-2005
AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR THE
BELOW MARKET RATE UNITS REQUIRED TO BE ESTABLISHED WITHIN THE
FIVE-UNIT LAUREL GROVE COURT SINGLE-FAMILY DETACHED RESIDENTIAL
PROJECT (70 LAUREL COURT)
WHEREAS, on October 1, 2002, the Danville Town Council adopted Resolution No.
105-2002, approving Preliminary Development Plan - Rezoning request PUD 2001-02
and Final Development Plan/Major Subdivision request SD 8559, authorizing
construction of a five-unit single-family residential project at 70 Laurel Court (being
further identified as APN 216-101-007); and
WHEREAS, the project is located within a redevelopment area and is subject to the
State community redevelopment law requirement that the project provide a minimum
of 15% of the new units as below market rate units; and
WHEREAS, the proposed project will conform with the requirements of the State law
through the development of two for-rent attached second dwelling units, which, when
operated as rental units, shall be required to be operated as below market rate units
available to qualifying very low-income one- or two-person households; and
WHEREAS, to assure the below market rate units will be made available to qualifying
very low-income households, as required through the project conditions of approval
imposed on PUD 2001-02 and SD 8559, the project developer is required to execute an
affordable housing agreement with the Town of Danville; and
WHEREAS, the Regulatory Agreement and Declaration of Restrictive Covenants
("Agreement") prepared for this project serves as the project's affordable housing
agreement, and will regulate the occupancy and use of the attached second dwelling
units in the project; and
WHEREAS, promoting the development of affordable housing within the Town of
Danville is a goal of the Danville Housing Element; and
WHEREAS, the Town Council reviewed the Agreement prepared for the project on
February 1, 2005; and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the Agreement addressing the occupancy and use of the for-rent attached
second dwelling units to be developed in the Laurel Grove Court project; now,
therefore, be it
RESOLVED, that the Danville Town Council hereby finds that the Agreement
regulating the occupancy and use of the for-rent attached second dwelling units in the
Laurel Grove Court project is appropriate; and, be it further
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to
execute the Agreement with the project developer of the Laurel Grove Court project 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 February 1, 2005 by
the following vote:
AYES: Doyle,
NOES: None
ABSTAIN: None
ABSENT: None
Stepper,
Andersen, Arnerich, Shimansky
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 4-2005