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> RaCYELOPMENT AGENCY-OUEST FOR c::::)MMISSION/COUNCIL AcOoN
\ From: Glenda Saul, Executive Director
Subject: AMENDMENT OF MC-480 AND MC-48l
(ENTERPRISE ZONE ORDINANCE)
Dept: Redevelopment Agency
Date: July 2, 1986
Synopsis of Previous Commission/Council action:
-On November 4, 1985, the Mayor and Common Council approved and adopted Ordinance No.
MC-480, establishing incentives to be granted certain businesses and certain
residential construction within the Enterprise Zone.
-On November 4, 1985, the Mayor and Common Council approved and adopted Ordinance No.
MC-48l, establishing incentives to be granted certain businesses and certain
residential construction within the Enterprise Zone and declaring the urgency thereof.
Recommended motion:
(MAYOR AND COMMON COUNCIL)
MOVE TO SET PUBLIC HEARING ON AMENDMENTS TO ORDINANCE NUMBERED MC-480 AND MC-48l FOR
AUGUST 4, 1986.
_~W1U11 G ~6~
Contact person:
l!1 AnA:=! ~.A111/11An H,:r.n(lpt"Ann
Phone: 383-5081
Supporting data attached:
~hff Rpport
Ward: 1.6
FUNDING REQUIREMENTS:
Amount: $
Project: NW. COW. UT. SC. M/CC
No adverse Impact on City:
Date:
Council Notes:
Agenda Item No.
/0
'CI'IC OF SAN BERNARDIQ) - REQUEO FOR COUNCIL ACQN
STAFF REPORT
On October 14, 1985, the Mayor and Common Council adopted Resolution No. 85-405
approving the establishment of the City's Infi11 Housing Program and set aside $2
million from the City's 1985 Single Family Mortgage & Revenue Bond Allocation to
provide permanent financing for the infi1l homes. Agency staff were directed to
develop an infi11 housing program and implementation strategy for council approval.
Since that time, the program and implementation strategy has been approved by the
Mayor and Common Council. Additionally, staff was recently instructed to develop
and issue a request for proposals (RFP) for the purpose of inducing additional
developers to participate in the program. (An item elsewhere in the agenda is
submitted for your consideration in this regard).
During the RFP process, several potential respondents brought it to the attention
of staff that the program specified single family dwelling units, whereas a number
of vacant parcels that would ordinarily qualify for infi11 assistance are zoned
for multifamily construction. This significantly reduces the possibility of
development if developers were required to construct single family detached
dwelling units on parcels zoned for multifamily development.
The Redevelopment Committee has taken the position that if the project otherwise
qualifies for infi11 assistance but for the R-1 zoning, the current zoning shall
apply. Agency Counsel advises, however, that Ordinance Nos. MC-480 and MC-481
must be amended in order to accomplish multifamily construction in the Infi11
Housing Program (see attached memorandum).
In addition to the above housing issue, the Mayor and Common Council has held
discussions relating to the appropriate timeframe for incentives approved for the
industrial area of the Enterprise Zone. Presently, Ordinance Nos. MC-480 and
MC-481 allow for incentives to be provided to businesses in the industrial area
during the first year of operation. This incentive is available for the life of
the Zone. There has been discussion that it was the intent of the Council to
limit the incentive to the first four (4) years of the life of the Zone.
Staff recommends Ordinance Nos. MC-480 and MC-48l be amended to allow for
multifamily infi11 construction and to limit incentives in the industrial area to
four (4) years, rather than the life of the Zone, as is currently the case.
7$.0264
1185L
7/2/86
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C(:ITY OF SAN BE~ARDINO Q... MEMORANDU~
To
Kenneth J. Henderson
Community Development Manager
From
Allen R. Briggs
Sr. Asst. City Attorn.
June 24, 1986
Su bject
Date
In-fill Housing Covering MUlti-family Units
Approved
Date
770.9a
I have reviewed the prov~s~ons of San Bernardino Municipal
Code Section 3.l8.030(f}, relating to in-fill housing, which
section was adopted in Ordinance No. MC-480 and MC-48l. San
Bernardino Municipal Code Section 3.l8.030(f} reads as
follows:
"'In-fill housing' as used in this chapter is
single-family home construction built on vacant lots
in neighborhoods existing at the time of adoption of
this chapter, or built on lots where existing
structures are demolished or removed for the
construction of single-family homes."
I have also reviewed the school impaction resolution relating
to the San Bernardino Unified School District, being City of
San Bernardino Resolution No. 85-337, adopted August 19, 1985.
Similar resolutions have been adopted as to the Colton, Rialto
and Redlands school districts, I understand. Sections 9 and
11 of that resolution read, in pertinent part, as follows:
"Section 9. Exemptions.
The provisions of this Resolution shall not
apply where the residential development is:
A. Construction of single dwelling units
pursuant to the City Infill Housing Program for
single residences upon an existing lot of
record. . . .ft
"Section 11. Amendment or Repeal of this
Resolution.
The Mayor and Common Council may add, amend or
repeal any provisions of this resolution or the whole
thereof, upon thirty (30) days oral or written notice
to the School District."
Accordingly, neither the resolution nor the ordinance
presently provide for exemptions from the school impaction
fees for multi-family housing built on existing lots even in
existing neighborhoods. The ordinance and resolution both
apply only to single family dwellings.
elry ON rH~::JtII~V.
.
"
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Kenneth J. Henderson
June 24, 1986
Page Two
Both the ordinance and resolution could be amended, but you
should note that the amendment of the resolution requires
thirty days oral or written notice to the School District.
Presumably, that would give them an opportunity to come in and
be heard before the Mayor and Common Council. I recommend
that if we seek to amend the ordinance and resolution, we give
each affected School District advance notice of the first
hearing on the ordinance, at a minimum, and that the
resolution be proffered to the Council at that time, for
consideration, but not to take effect until the ordinance
takes effect, which would give the full thirty days notice to
the School Districts.
If I can be of assistance, please let me know.
&dn~
ALLEN R. BRIGGS
Sr. Asst. City Attorney
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