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HomeMy WebLinkAbout004-2019DocuSign Envelope ID: 00D8D201-2B3D-4357-AEA7-152D0320332E RESOLUTION NO. 4-2019 AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR THE BELOW MARKET RATE RESIDENTIAL UNITS REQUIRED THROUGH APPROVAL OF FINAL DEVELOPMENT PLAN REQUEST DEV16-0014 (ALEXAN RIVERWALK - 373 DIABLO ROAD) WHEREAS, at their meeting on July 18, 2017, the Danville Town Council adopted Town Council Resolution No. 32-2017, approving Final Development Plan request DEV16-0014; and WHEREAS, the approval authorized the construction of a 150 -unit apartment project at 373 Diablo Road, with a portion of the apartment units required to be developed as below market rate residential units (BMR Units) for very low income households; and WHEREAS, consistent with State of California and Town of Danville density bonus regulations, the developer (i.e., Trammell Crow Residential - dba MM Danville Apartments, LLC) is required to execute a Regulatory Agreement and Declaration of Restrictive Covenants (Affordable Housing Agreement) that is satisfactory to the Town to regulate the development and operation of the BMR Units for very low income households; and WHEREAS, the developer's decision to limit the project to a total of 144 units, the developer is obligated to supply a minimum of ten BMR Units in the project; and WHEREAS, promoting the development of affordable housing within the Town of Danville is a goal of the adopted Danville 2014-2022 Housing Element; and WHEREAS, the Town Council reviewed the draft Affordable Housing Agreement prepared for the project that will provide for the regulation of the occupancy and use of the BMR Units at their meeting of February 5, 2019; and WHEREAS, a staff report was submitted recommending that the Town Council approve the draft Affordable Housing Agreement between the Town and Trammell Crow Residential for the BMR Units; now, therefore, be it RESOLVED, that the Town Council authorizes the Town Manager to execute a Regulatory Agreement and Declaration of Restrictive Covenants for the below market rate residential units required through approval of Final Development Plan request DEV16-0014 (Alexan Riverwalk - 373 Diablo Road). DocuSign Envelope ID: 00D8D201-2B3D-4357-AEA7-152D0320332E APPROVED by the Danville Town Council at a regular meeting on February 5, 2019 by the following vote: AYES: Arnerich, Blackwell, Morgan, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None DocuSigned by: "-2640D07461784DD... MAYOR APPROVED AS TO FORM: ATTEST: �DocuSigned by: Raz E. Ewe �8.5cAcAoLnap^DG DocusL_ 71735A3F04f:Q42F CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 4-2019