HomeMy WebLinkAbout032-2012RESOLUTION NO. 32-2012
AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
RESTRICTING THE DEVELOPMENT AND OPERATION OF THE
MULTIFAMILY RESIDENTIAL UNITS IN THE QUAIL RIDGE
RESIDENTIAL PROJECT (PUD 2005 -02 & SD 9009)
WHEREAS, at meetings on July 1, 2008 and July 15, 2008, the Danville Town
Council adopted Ordinance No. 2008 -06 and Resolution No. 81-2008, approving
Preliminary Development Plan - Rezoning request PUD 2005 -02 and Final
Development Plan - Major Subdivision request SD 9009; and
WHEREAS, the approvals provide for the development of a residential project that
will transfer the development potential of the 459 + /- acre property commonly
identified as Elworthy Ranch to the 15 +/- acre northeast corner of the property; and
WHEREAS, the approvals will result in a mixed single family and multifamily
residential development containing 84 for -sale single family residential units and 13
for -rent multifamily residential units; and
WHEREAS, the project developer was granted a density bonus, consistent with
State of California density bonus regulations, authorizing a residential unit count
higher than would have otherwise been allowed given the property's underlying
land use designation set forth by the Danville 2010 General Plan; and
WHEREAS, through the approved density bonus, authorization was secured to
develop the site with up to 97 units, representing a 33% density bonus and allowing
24 units above the property's allowable base density; and
WHEREAS, in return for being granted the density bonus, the developers accepted
an obligation to execute an affordable housing agreement restricting the
development and operation of the multifamily residential units in the project; and
WHEREAS, the execution of the affordable housing agreement serves to assure the
development and retention of seven very low income units (below market rate units
- or BMRs) in the multifamily portion of the project and assures the BMRs will be
maintained as affordable units for a minimum term of 30 years; and
WHEREAS, the provision of the BMRs, along with the provision of six additional
for -rent multifamily units (which are anticipated to initially serve as moderate -
income housing due to current market pricing considerations) serve, in part, to meet
the housing needs identified in the Danville 2007 -2014 Housing Element; and
WHEREAS, the provision of the for -rent units will count towards the Town's fair
share housing goal established by Association of Bay Area Governments (ABAG)
and the State Department of Housing and Community Development (HCD); and
WHEREAS, promoting the development of affordable housing within the Town of
Danville is a goal of the Danville 2007 -2014 Housing Element; and
WHEREAS, the Town Council reviewed the agreement submitted by KB Homes
that will regulate the construction, occupancy, and operation of the BMRs in the
subject development on March 20, 2012; and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the agreement with KB Homes for the BMRs; now, therefore, be it
RESOLVED, that the Danville Town Council hereby finds that the agreement
regulating the construction, occupancy, and operation of the BMRs to be developed
within Quail Ridge is appropriate; and be it further
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager
to execute the affordable housing agreement with KB 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.
PAGE 2 OF RESOLUTION NO. 32 -2012
APPROVED by the Danville Town Council at a regular meeting on March 20, 2012,
by the following vote:
AYES: Andersen, Arnerich, Doyle, Storer
NOES: None
ABSTAIN: None
ABSENT: Stepper
PROVED AS TO FORM:
CITY ATTORNEY
MAYOR
PAGE 3 OF RESOLUTION NO. 32-2012