HomeMy WebLinkAboutMINUTES - 08162011 - C.66RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Conservation and Development or designee,
to allow the rental of property located at 381 Karelian Street in Danville, for up to two (2)
years. Monthly rents shall not exceed current mortgage payments, including taxes and
insurance.
FISCAL IMPACT:
No General Fund Impact.
BACKGROUND:
On July 9, 2002, the Board of Supervisors approved the Camino Tassajara Affordable
Housing Program (CTAHP). The CTAHP sets forth requirements to be met by the Camino
Tassajara developers (Shapell, Braddock and Logan, and Ponderosa Homes). On January 9,
2006, Shapell and the County entered into a Developer Sales Agreement (Agreement). This
Agreement placed conditions on the 127 unit townhome development known as Willow at
Alamo Creek. All 127 units were required to be sold to moderate income homebuyers.
In addition, the Agreement stated that all buyers must enter into a Buyer’s Resale
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/16/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Alicia Smith,
925-335-7217
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: August 16, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.66
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:August 16, 2011
Contra
Costa
County
Subject:Allow Property Rental located at 381 Karelian Street in Danville
Restriction
BACKGROUND: (CONT'D)
Agreement (Resale Agreement) with the following requirements:
• The units would have 20 year resale restrictions;
• The homes must be sold at a restricted price to an income eligible buyer (“Eligible
Purchaser”); and
• The units must be owner occupied for 20 years
Willow owners may sell their home at any time. The resale restriction includes a maximum
sales price. There is also a minimum marketing period. If the units cannot be sold, then the
County may release the resale requirement. The home can then be sold at market price to
any buyer. The County will receive 94% of any profit over the restricted price. This
provision is to prevent windfall profits to the seller. In the event of a sale, funds are
provided to the County Housing Trust Fund to use for other affordable housing activities.
The built in flexibility in the resale restriction allows the County to respond to market
conditions when the owner wishes to sell on a case by case basis. The stated policy
preference of the Board with respect to these inclusionary units has been to retain them as
affordable whenever possible.
Sohaila Azimi purchased her property on October 5, 2007, at which time she signed the
Resale Agreement. Ms. Azimi is working at a military base in Afganistan as a linguist for a
government contractor. She is a single mother of three children who for the past eighteen
months have lived in the home. Now, one has graduated high school and will be attending
college, another has just graduated college and will be moving away for work and the third
is enlisting in the US Navy. Therefore, no one will be living in the home. In view of the
applicable deed restrictions, the owner is seeking authorization from the County to rent the
unit.
The term of this temporary rental shall be for up to two (2) years. Monthly rents shall not
exceed current mortgage payments, including taxes and insurance. The new tenant shall not
be entitled to relocation expenses when the lease terminates. The unit must remain
affordable for another low income homebuyer.
Due to Ms. Azimis’ hardship, staff recommends that the County allow her to rent her home.
CONSEQUENCE OF NEGATIVE ACTION:
Should this not be approved, the property owner would not be allowed to rent this unit.
CHILDREN'S IMPACT STATEMENT:
Not Applicable