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~I.fi OF SAN BERNARDlWo - REQUelT FOR COUNCIL AC~ON
Frank A. Schuma
From: Planning Director
Subject:
Change of Zone No. 84-14
Dept:
Planning
Mayor and Council Meeting of
February 4, 1985, 9:00 a.m.
Date: January 24, 1985
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on January 22, 1985, the following
recommendation was made:
The application for Change of Zone No. 84-14 was unanimously recommended for
approval of PRD-7U Planned Residential Development zoning at seven units per
acre.
The Negative Declaration for environmental review was also recommened for approval,
Recommended motion:
To approve the responses to comments and to adopt the Negative Declaration for
environmental review which has been reviewed and considered.
To approve, modify or reject the findings and the recommendation of the
Planning Commission and direct the City Attorney to prepare the necessary
amendments to the Zoning Ordinance,
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Signature
Frank A. Schuma
Supporting data attached:
Yes, Staff Report
Ward:
383-5057
5
Contact person:
Frank A, Schuma
Phone:
FUNDING REQUIREMENTS:
Amount:
Sou ree:
Finance:
Council Notes:
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ctlTY OF SAN BEfQARDINOo..... MEMORANDUg
To The Planning Commission
Subject Change of Zone No, 84-14
From The Planning Department
Date January 22, 1985
Approved Agenda Item No.5, Ward 5
Date
OWNER:
Cable Lake Associates
3931 MacArthur Boulevard, Suite 113
Newport Beach, CA 92660
AGENT:
J. E. Bonadiman and Associates
P.O. Box 5852
San Bernardino, CA 92412
Change Of Zone No. 84-14 appeared before the Planning Commission on
December 18, 1984. At that meeting the item was continued in order
for the City Attorney's office to make an opinion on the alternatives
expressed in Observation No. 4 of the staff report.
Observation No.4 reads as follows:
"4. Consideration of two alternatives could be made on
request for residential zone changes. The first
being to allow no more than .seventy-five percent of the
top end of the density range of the General Plan so
that in the event of a subsequent density bonus, the
final density would be in conformance with the General
Plan. The second alternative to the density bonus
issue would b~ that the zone change to a higher density
could be accompanied by a statement or certificate to .
be recorded.with the property indicating that a density
bonus will not be pursued by the current property owner
or any subsequent property owner."
The opinion from the City Attorney's office is attached for the Commission's
peru sa 1.
Recommendation:
Staff recommends that the zone change be approved as originally recommended
for PRD-7U Planned Residential Development zoning at seven units per acre.
In addition, a letter is to be submitted by the applicant to the property
owner. Said letter shall indicate that a density bonus will not be
requested now or in the future arid said letter shall be recorded with the
Covenants, Conditions and Restrictions (C.C.& R's).
Respectfully submitted,
FRANK A. SCHUMA, Planning Director
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300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92419
RALPH H: PRINCE
CITY ATIORNEY
January 17, 1985
10.34, Opn. No. 84-58
700.30
Frank A. Schuma
Planning Director
Re: Density Bonuses
QUEST.!.QNS
1. Must the developers of housing projects who request
density bonuses from the City first apply for and receive
industrial development bond financing. .
2. Does the receipt of such bond financing qualify as
"equivalent financial value", or must the City go beyond the
issuance of industrial development bonds and grant a density
bonus of at least twenty-five percent?
3. In the absence of formal guidelines for the processing
of requests for density bonuses, is the Planning Commission
or Common Council empowered to issue such density bonuses?
FACTS
At. the Planning Commission meeting of November. 7, 1984, the
Planning Commission continued the hearing on Tentative Tract
No. 12824 and Conditional Use Permit No. 84-53, a proposal
submitted by Castlebar Incorporated for the development of
approximately 516 rental units, which includes a twenty-five
percent density bonus. The Planning Department seeks to
deny a density bonus to this project based on the argument
. that local marketing conditions impose such restrictions on
rental rates as are sought to be imposed through the
application of the relevant Government Code sections.
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Frank A. Schuma
Page 2
Janaury 17, 1985
ANALYSIS
In' response to the first question, Government Code Section
65915 reads, in pertinent part, as follows:
"(a) When a developer of housing agrees
to construct at least 25 percent of the total
units of a housing development for persons
and families of low or moderate income, as
defined in Section 50093 of the Health and
Safety Code, or 10 percent of the total units
of a housing development for lower income
households, as defined in Section 50079.5 of
the Health and Safety Code, a city, . . .
shall either (1) grant a density bonus or (2)
provide other incentives of equivalent
financial value." (Emphasis added.)
Nothing in this section requires that a developer requesting
a density bonus for his project first apply for and receive
industrial development bonds. Further, . there have been no
cases or other opinions construing this section to require
the acquisition of industrial development bonds before the
grant of a density bonus. As is set forth, the only
criteria to be met in obtaining a density bonus pursuant to
this section is that the developer of. the rental housing
agree to construct at least twenty-five percent of the total \
units of the ho';sing development for persons or families of
low or moderate income or ten percent for lower income
households.
In response to the second question, Government Code Section
65915 places the burden on the Ci~y, within the boundaries
of which the development is to ta e place, to grant the
density bonus or the "equivalent financial value".
With respect to the question of whether the provision by a
city of industrial development bond financing constitutes
"equivalent financial value", such may be the case where the
financing is provided by the Cith pursuant to an agreement
to that effect entered .into by t e City and the developer.
Prior to 1982, Government Code Section 69515 was as follows:
"When a developer of housing.agrees to
construct at least 25 percent of the total
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Frank A. Schum a
Page 3
January 17, 1985
,. units of a housing development for persons
and families of low or moderate income, as
" defined by Section 50093 of the Health and
Safety Code, a city,county, or city and
county shall enter into an agreement with the
developer to either grant a den~ity bonus or
provide not less than two other bonus
incentives for the project.
For the purposes of this chapter, 'density
bonus' means a density increase of at least
25 percent over the otherwise allowable
residential density under the applicable
zoning ordinance. The density bonus shall
not be included when determining the
otherwise allowable density. The density
bonus shall apply to housing developments
consisting of five or more dwelling units.
Other bonus incentives which a city, county
or city and county may agree to provide under
this section include the following:
(a) Exemption of the development from the
requirements of Section 66477 and any local
ordinance adopted pursuant thereto.
(b) Cons~ruction of public improvements
appurtenant to the proposed housing
development, which may include, but shall not
be limited to, streets, sewers and sidewalks.
(c) Utilization of federal or state grant
moneys or local revenues to provide the land
on which the housing development will be
constructed at a reduced cost.
(d) Exemption of the development from any
provision of local ordinances which may cause
an indirect increase in the cost of the
housing units to be developed.
Nothing in this section shall preclude a
city, county, or city and county from taking
any additional actions which will aid housing
developers to construct housing developments
with 25 percent or more of .the total units of