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CITAF SAN BERNARDIt<<:> - REQUEO" FOR COUNCIL AC-Q)N
From: RALPH H. PRINCE
Subject: Change of Zone No. 84-25; Covenant
to Run With the Land Waiving Right
to a Density Bonus
Dept: Ci ty Attorney
Date: March 14, 1985
Synopsis of Previous Council action:
On March 7, 1985, Resolution 85-101 was adopted as amended to change
"30 years" to "49 years" as it applies to density bonuses for Change
of Zone No. 84-25 for property located on Kendall Drive, west of
Pine Avenue and east of Cable Creek Channel.
Recommended motion:
That the amendment to Resolution No. 85-101 by interdelineation to
change the term of the incorporated covenant to 49 years be rescinded,
and that the Resolution be approved in its original form.
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Signature
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Contact person:
JOHN F. WILSON
Phone: 5235
Supporting data attached:
Staff Memo
Ward:
FUNDING REQUIREMENTS:
Amount:
n/a
Sou rce:
n/a
Finance: n / a
Council Notes:
75-0262
Agenda Item No,
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CITAF SAN BERNARDlrD - REQUEQ' FOR COUNCIL AC-Q)N
STAFF REPORT
At the Council meeting of March 7, 1985, the Council
directed that paragraph 7 of the above referenced covenant
running with the land be amended. The amendment changed the
provision that the covenant be enforceable for 30 years to a
provision that the covenant be enforceable for 49 years.
California Government Code Section 65916 provides that a
covenant of this type, shall run for a period of 30 years.
It is the opinion of this office that this language limits
the duration of the subject covenant to 30 years.
JUSTIFICATION FOR PLACEMENT ON SUPPLEMENT:
In order to clarify policy on density bonus prior to
Ordinance MC-435 becoming effective.
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75.0264