HomeMy WebLinkAbout090-2012RESOLUTION NO. 90-2012
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 MATADARA - PUD 2004 -04/SD 8919
SINGLE - FAMILY RESIDENTIAL PROJECT (333 HILL ROAD)
WHEREAS, On July 5, 2011, the Danville Town Council introduced Ordinance No.
2011 -01 for Preliminary Development Plan - Rezoning request PUD 2004 -04 and
approved Resolution No. 2004 -20, approving Final Development Plan-Major
Subdivision request SD 8919; and
WHEREAS, collectively, these actions authorize the construction of a single- family
detached residential project (identified as "Matadera ") at 333 Hill Road, authorizing
the development of 22 single- family detached residences; and
WHEREAS, the project conditions of approval for PUD 2004 -04 /SD 8919 -
Matadera require that a minimum of five units in the project be equipped with
detached 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
may 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, 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 2004 -04 /SD 8919 - Matadera, 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 2007 -2014 Housing Element; and
WHEREAS, the Town Council reviewed the Agreement prepared for the project on
June 19, 2012; 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 PUD 2004 -04 /SD 8919 - Matadera
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 below market rate second units in
the PUD 2004 -04 /SD 8919 - Matadera 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 PUD 2004 -04 /SD 8919 -
Matadera 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 June 19, 2012 by
the following vote:
AYES Andersen, Arnerich, Doyle, Stepper, Storer
NOES: None
ABSTAIN: None
ABSENT: None
(::2zo' IrIla
MAYOR
APPROVED AS TO FORM:
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CITY ATTORNEY
:AT" EST:
'�_ CITY CLERk
PAGE 2 OF RESOLUTION NO. 90-2012