HomeMy WebLinkAbout099-2013RESOLUTION NO. 99-2013
AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
FOR THE BELOW MARKET RATE RESIDENTIAL UNIT
REQUIRED IN THE DANVILLE HOTEL PROJECT
(APNs 208 - 023 -003; -004, -008; -009; and -024)
WHEREAS, at their meeting on March 22, 2011, the Danville Heritage Resource
Commission adopted Resolution No. 2005 -01, approving Final Development Plan
request FDP 10 -64 and Major Subdivision request SD 9292 and authorizing the
redevelopment of the property commonly referred to as the Danville Hotel property
(further identified as APNs 208 - 023 -003; -004; -008; -009; and -024); and
WHEREAS, approval of FDP 10 -64 authorized the construction of just under 52,000
square feet of new conditioned and unconditioned space on the Danville Hotel
property, inclusive of approximately 19,600 square feet of new conditioned space for
residential use, with that authorization also allowing for the space to be used for the
construction of up to 18 residential condominium units; and
WHEREAS, conditions of approval for the project linked the development of the
residential units to the provision of either for -rent or for -sale affordable housing
units (BMR units) that were to be occupied by qualifying moderate income housing
earning a maximum of 110% of the published median income for the Contra Costa
County and Alameda County Area; and
WHEREAS, under the provisions of the Town of Danville's Inclusionary Housing
Ordinance, the developer (Danville Hotel Holdings, Ltd.) is required to execute an
affordable housing agreement with the Town regulating the development, use and
occupancy of the BMR units; and
WHEREAS, at eighteen residential units, the maximum number of units authorized
to be built through the project approval, the developer would have been required to
provide a minimum of two BMR units - being 15% of the units created; and
WHEREAS, at sixteen residential units, the residential unit count the developer has
elected to construct in the project, the inclusionary housing requirement drops to a
requirement to provide one BMR unit - being 10% of the units created; and
WHEREAS, promoting the development of affordable housing within the Town of
Danville is a goal of the adopted Danville 2007 -2014 Housing Element; and
WHEREAS, the Town Council reviewed the draft affordable housing agreement
(the Regulatory Agreement and Declaration of Restrictive Covenants) prepared for
the project that will provide for the regulation of the occupancy and use of the BMR
unit at their meeting of November 13, 2013; and
WHEREAS, a staff report was submitted recommending that the Town Council
approve the draft affordable housing agreement between the Town and Danville
Hotel Holdings, Ltd. for the BMR unit; now, therefore, be it
RESOLVED, that the Danville Town Council hereby finds that the draft affordable
housing agreement regulating the development, use and occupancy of the BMR unit
to be developed within the Danville Hotel project is appropriate and is consistent
with the intent and requirements of the project conditions of approval and the
Town's Inclusionary Housing Ordinance; and be it further
RESOLVED, that the Danville Town Council hereby authorizes the Town Manager
to execute the affordable housing agreement with Danville Hotel Holdings, Ltd 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 or materially change the agreement.
APPROVED by the Danville Town Council at a regular meeting on November 13,
2013, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Arnerich, Storer, Doyle, Morgar
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CL
PAGE 2 OF RESOLUTION NO. 99 -2013
MAYOR