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RESOLUTION NO. 88-2006
AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
FOR THE FOR-RENT BELOW-MARKET RATE SECOND UNITS
REQUIRED TO BE ESTABLISHED WITHIN THE 22-UNIT
T ASSAJARA ESTATES - SD 8389 SINGLE-F AMIL Y RESIDENTIAL PROJECT
(2470 AND 2480 T ASSAJARA LANE)
WHEREAS, on April 1, 2003, the Danville Town Council adopted Resolution No.
27-2003, approving Preliminary Development Plan - Rezoning request PUD 99-04
and Major Subdivision request Tassajara Estates - SD 8389; and
WHEREAS, on September 28, 2004, the Danville Planning Commission adopted
Resolution No. 2004-20, approving Final Development Plan request FDP 2004-14 for
the Tassajara Estates project; and
WHEREAS, collectively, these approvals will lead to the construction of a 22-unit
single-family detached residential project upon a 26.73+ / - acre site identified as
2470 and 2480 Tassajara Lane; and
WHEREAS, the project conditions of approval for the PUD and Major Subdivision
requests required that a minimum of 10 units in the project be equipped with for-
rent below market rate second units to satisfy the project's inclusionary housing
requirement that the project provide for the development of affordable housing; and
WHEREAS, the provision of for-rent below market rate second units in a project can
satisfy a project's inclusionary housing obligations if a minimum of 25% of the
primary units in the project are equipped with second units and if the owners of the
primary units containing these second units are obligated, when they receive rental
income for their second units, to screen the income eligibility of the occupants of the
second units to verify they qualify as low-income households and that the owners of
the primary units charge rent that makes the units affordable to low-income
households; and
WHEREAS, the project approval granted through approval of FDP 2004-14 required
the provision of 13 second units in the project; and
WHEREAS, in acknowledgment that the project size was reduced from 23 units to
22 units to satisfy various requirements of water regulatory agencies, the minimum
number of required for-rent below market rate second units in the project was
reduced administratively from 13 units to 12 units; and
WHEREAS, to assure the for-rent below market rate second units will be made
available to qualifying low-income households, as required through the project
conditions of approval imposed on PUD 99-04, Tassajara Estates - SD 8389, and FDP
2004-14, the developer is required to enter into 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 for-rent below market
rate second 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
July 18, 2006; and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the Agreement addressing the occupancy and use of the for-rent below
market rate second units to be developed in the Tassajara Estates project; now,
therefore, be it
RESOL VED, that the Danville Town Council hereby finds that the Agreement
regulating the occupancy and use of the for-rent below market rate second units in
the Tassajara Estates project is appropriate; and, be it further
RESOL VED, that the Danville Town Council hereby authorizes the Town Manager
to execute the Agreement with the project developer of the Tassajara Estates 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.
PAGE 2 OF RESOLUTION NO. 88-2006
APPROVED by the Danville Town Council at a regular meeting on July 18, 2006 by
the following vote:
AYES: Shimansky, Andersen, Arnerich, Doyle
NOES: None
ABSTAIN: None
ABSENT: Stepper
M~ J'~
APPROVED AS TO FORM:
~13~
CITY ATTORNEY J-
PAGE 3 OF RESOLUTION NO. 88-2006