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RESOLUTION NO. 92-2007
AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR
THE BELOW MARKET RATE UNITS REQUIRED IN THE PRESERVE AT IRON
HORSE TRAIL RESIDENTIAL PROJECT (APN #218-040-044)
WHEREAS, at meetings on February 6, 2007 and February 20, 2007, the Danville
Town Council adopted Ordinance No. 2007-01 and Resolution No. 05-2007,
approving General Plan Amendment request GP A 2006-01, Preliminary
Development Plan-Rezoning request PUD 2006-01, Final Development Plan - Major
Subdivision request SD 9094; and
WHEREAS, the approvals provide the owners/developers (Blacksmith Homes)
authorization to develop a 1.76 acre property with a 34-unit apartment
condominium project; and
WHEREAS, conditions of approval for the project linked the approval to the
provision of a minimum of five for-rent or for-sale affordable housing units in the
project serving households earning a maximum, of 110% of the median income
established for Contra Costa and Alameda Counties; and
WHEREAS, the owner/developer of the project is required to execute an affordable
housing agreement with the Town of Danville regulating the occupancy, rent, sale
and resale of the affordable housing units; and
WHEREAS, promoting the development of affordable housing within the Town of
Danville is a goal of the adopted Housing Element Update of the Town of Danville;
and
WHEREAS, the Town Council reviewed the agreement submitted by Blacksmith
Homes for the regulation of occupancy, rent, sale and resale of the affordable
housing units in the subject development on September 18, 2007; and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the agreement with Blacksmith Homes for the affordable housing units;
now, therefore, be it
RESOL VED, that the Danville Town Council hereby finds that the agreement
regulating the occupancy, sale and resale for the a'ffordable housing units to be
developed within The Preserve at Iron Horse Trail/PUD 2006-01 is appropriate; and
be it further
RESOL VED, that the Danville Town Council hereby authorizes the Town Manager
to execute the affordable housing agreement with Blacksmith 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 September 18,
2007, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Shimansky, Andersen, Arnerich, Doyle, Stepp~r~
None
None
None
~~ 1(, ~~
AYOR ~
AP1[:?i7!:~
CITY ATTORNEY
...
ATTEST:
PAGE 2 OF RESOLUTION NO. 92-2007