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HomeMy WebLinkAbout051-2014RESOLUTION NO. 51-2014 AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS INCLUDING RESALE PRICE RESTRAINT FOR THE BELOW MARKET RATE UNIT REQUIRED TO BE PROVIDED IN THE NINE -UNIT MULTIFAMILY PROJECT TO BE DEVELOPED AT 943 CAMINO RAMON WHEREAS, on February 16, 2010, the Danville Town Council conducted a second reading of Town Council Ordinance No. 2010 -02 and approved Town Council Resolution No. 14 -2010, with these actions serving to provide approval of Preliminary Development Plan - Rezoning request PUD 07 -01, Final Development Plan request 07 -14, and Major Subdivision request SD 9204; and WHEREAS, by approving these planning entitlements, the Town authorized the development of the 0.75 + /- acre property located at 943 Camino Ramon with a nine- unit multifamily residential project; and WHEREAS, conditions of approval for the project require the developer (i.e., Glennmont LLC) to make provision of one unit in the project having a sales price that does not exceed the maximum price affordable to a four - person household earning 110% of the area median income; and WHEREAS, Glennmont LLC is required to execute a Regulatory Agreement and Declaration of Restrictive Covenants Including Resale Price Restraint ( "Agreement ") with the Town of Danville regulating the occupancy, sale and resale of the below market rate unit; and WHEREAS, the provision of the below market rate unit (BMR Unit) in the project serves, in part, to meet the housing needs identified in the Danville 2007 -2014 Housing Element and the Danville 2030 General Plan; and WHEREAS, the Town Council reviewed the draft Agreement for the regulation of occupancy, sale and resale of the BMR Unit on July 1, 2014; and WHEREAS, a staff report was submitted recommending that the Town Council approve the agreement with Glennmont LLC for the BMR Unit; now, therefore, be it RESOLVED, that the Danville Town Council hereby finds that the Agreement regulating the occupancy, sale and resale for the BMR Unit to be developed as part of the nine -unit multifamily project at 943 Camino Ramon to be appropriate; and, be it further RESOLVED, that the Danville Town Council hereby authorizes the Town Manager to execute the Regulatory Agreement and Declaration of Restrictive Covenants Including Resale Price Restraint with Glennmont LLC 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 held on July 1, 2014, by the following vote: AYES: Storer, Doyle, Arnerich, Morgan, Stepper NOES: None ABSTAIN: None ABSENT: None APPROVED AS TO FORM: 1 CITY ATTORNEY ATTEST: CITY CLE PAGE 2 OF RESOLUTION NO. 51-2014