HomeMy WebLinkAbout1985-066
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RESOLUTION NO.
35-66
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES
FOR THE GRANT OF DENSITY BONUS OR EQUIVALENT FINANCIAL VALUE.
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4 WHEREAS, pursuant to Subsection (B) of Government Code
5 Section 65915 of the State of California, the City of San
6 Bernardino is required to establish procedures for the grant of
7 density bonuses, the City, therefore, undertakes to meet this
8 mandate by the establishment of the procedures contained herein.
9 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The application for and processing of
12 applications for the grant of a density bonus for any housing
13 development sha] 1 be conducted as follm.Ts:
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1. Applications for either a density bonus or equivalent
15 financial value for a housing development project shall be
16 submitted to the Planning Commission. Application forms for a
17 density bonus or equivalent financial value shall be provided by
18 the office of the Planning Department. Said forms shall be
19 completed by the developer requesting the density bonus and
20 submitted to the Planning Commission along with a pro forma of
21 the project, specifications for any "equivalent financial value"
22 alternatives to the grant of the density bonus which are proposed
23 by the developer and a cost schedule of the project.
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2. Upon receipt of said application and the accompanying
25 documentation, the Planning Commission shall fix a time and place
26 for public hearing of not less than thirty days from date of the
27 receipt of said application.
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3. The Planning Department shall act as the lead agency in
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negotiations with the developer to devise any "equivalent
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financial value" alternat.ives to the grant. of a density bonus.
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Any proposed equivalent. financial value shall be developed in
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conjunction with the offices of the City Administrator, City
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Attorney, Redevelopment Agency, Park, Recreation and Community
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Services Department., and the Engineering Department, or any or
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all of the ahove as is appropriate.
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4. The Planning Commission, after having held the public
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hearing, shall approve or modify the application in the following
manner:
A. Approve a density bonus of not more than twenty-
five percent over the maximum allowable density under the General
Plan.
1. ~-lhen a hlenty~five percent density bonus is
15 provided, the developer shall execute a covenant to run with the
16 land that a minimum of twenty-five percent of the total units to
17 be constructed shall be available for low and moderate income
18 families for a period of thirty years, or that ten percent of the
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total units will be availahle for lower income households for a
I period of thirty years.
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B.
Provide at least two alternative bonus incentives
of "equivalent financial value" from which the developer may
select one alternative for application to the project, subject to
the recommendation of the Planning Commission and approval of the
Mayor and Common Council.
Ihese alternatives may include but are
not limited to the following:
1. Construction of public improvements
28 I appurtenant to the proposed development which may include but not
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be limited to streets, sidewalks, sewers, water lines, street
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lights.
2. Utilize federal and state money for land write
4 down.
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3. Waive any or all local ordinances regulating
6 land development including fee structures.
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4. Waiver of the provisions of the Quimby Act
8 (Parks and Recreation dedications).
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S" Issuance of mortgage revenue bonds, industrial
10 development bonds, or other forms of free financing, including,
11 if appropriate and necessary, a waiver of the City fees thereon.
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6. Granting of a change of zone, if such grant
13 increases the financial viability of a project.
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a. Pursuant to the grant of any application
15 for a zone change, parcel map or conditional use permit, the
16 party receiving such zone change, parcel map or conditional use
17 permit shall be required to execute an agreement which includes
18 the provision that; "Grant of this appl ication is deemed by the
19 parties hereto to constitute a grant by the City of a financial
21 which may hereafter be developed on the affected parcel or
20 incentive for the development of any housing development project
22 parcels. This grant which is of "equivalent financial value" to
23 any density bonus which may be required for such project pursuant
24 to any present or future interpretation of appl icable state law."
25 This agreement shall be made a covenant running with the land for
26 a period of thirty years.
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C. A comhination of alternatives listed under liB"
28 above with a proportionate reduction in the twenty-five percent
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1 density bonus to arrive at an overall "equivalent financial
2 value" equal to twenty-five percent of the maximum allowable
3 density under the General Plan.
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5. The recommendation of the Planning Commission to the
5 Mayor and Common Council shall he made in writing no later than
6 ninety days after receipt of application.
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6 f '11 b . d' If"') 50 00 I ~.,,' on
,. Aee S.la ,e pal In tle amount 0 ~J, . pus )LJ. v
8 per acre for the processing of the density bonus or equivalent
9 financial value request, and shall be paid at the time of
10 submission of the application.
11 I HEREBY CERTIFY that the foregoing ordinance was duly
12 adopted by the Mayor and Common Council of the City of San
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Bernard ino at a
rpg)11i'r
meeting tbereof, held
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on the
day of
Fphrl1ArV
-
, 1985, by the following
At"
15 vote, to wi t :
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AYES:
Council Members r""t"nAna ReillY. Hernandez.
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M~"Y"'k-lil. Qn;pl. FrA7.ipr Strir.k'~r
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NAYS:
~TQ~Q
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ABSENT:
N~?I:l~
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The foregoing ordinance is hereby ~c~
day
of
F'eQr.11!;!.,a.,__
, 1985.
Approved as to form:
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City A torney
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