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RESOLUTION NO. 147-2006
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 10-UNIT HANSEN LANE ESTATES - SD 9058
SINGLE-FAMIL Y RESIDENTIAL PROJECT (216 HANSEN LANE)
WHEREAS, on August 8, 2006 the Danville Town Council adopted Resolution No.
103-2006, approving Preliminary Development Plan - Rezoning request PUD 2005-
01 and Major Subdivision / Final Development Plan request Hansen Lane Estates -
SD 9058; and
WHEREAS, that action will lead to the construction of a single-family detached
residential project upon a 4.14+ / - acre site identified as 216 Hansen Lane; and
WHEREAS, the project conditions of approval for the PUD and Major Subdivision
/ Final Development Plan requests required that a minimum of three 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 thatthe owners of
the primary units charge rent that makes the units affordable to low-income
households; 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 2005-01 and Major Subdivision / Final
Development Plan request Hansen Lane Estates - SD 9058, 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
December 19, 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 Hansen Lane 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 Hansen Lane 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 Hansen Lane 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.
APPROVED by the Danville Town Council at a regular meeting on December 19,
2006 by the following vote:
AYES: Shimansky, Andersen, Arnerich, Doyle, Stepper
NOES: None
ABSTAIN: None
ABSENT: None
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M YOR
APPROVED AS TO FORM:
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CI Y ATT RNEY
PAGE 2 OF RESOLUTION NO. 147-2006