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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES
FOR THE GRANT OF DENSITY BONUS OR EQUIVALENT FINANCIAL VALUE,
3 INCLUDING THE SALE OF SEWER CAPACITY RIGHTS AS EQUIVALENT
FINANCIAL VALUE TO THE GRANT OF A DENSITY BONUS, AND REPEALING
RESOLUTION NO. 85-66.
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5 WHEREAS, pursuant to Subsection (B) of Government Code
6 Section 65915 of the State of California, the City of San
7 Bernardino is required to establish procedures for the grant of
H density bonusEs, the City, therefore, undertakes to meet this
~l . mandate by the establishnlent of the procedures contained herein.
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NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. The application for and processing of
13 applications for the grant of a density bonus for any housing
14 development shall be conducted as follows:
15 A. Applications for either a density bonus or equivalent
16 financial value for a housing development project shall be
17 submitted to the Planning Commission. Application forms for a
18 density bonus or equivalent financial value shall be provided by
19 the office of the Planning Department. Said forms shall be
20 completed by the developer requesting the density bonus and
21 submitted to the Planning Commission along with a pro forma of
22 the project, specifications for any "equivalent financial value"
23 alternatives to the grant of the density bonus which are proposed
24 by the developer and a cost schedule of the project.
2~ B. Upon receipt of said application and the accompanying
2G documentation, the Planning Commission shall fix a time and place
27 for public hearing of not less than thirty days from date of the
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2X,lreceipt of said application.
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1 C. The Planning Department shall act as the lead agency in
2 negotiations with the developer to devise any "equivalent
3 financial value" alternatives to the grant of a density bonus.
4 Any proposed equivalent financial value shall be developed in
5 conjunction with the offices of the City Administrator, City
6 Attorney, Redevelopment Agency, Park, Recreation and Community
7 Services Department, and the Engineering Department, or any or
8 all of the above as is appropriate.
9 D. The Planning Commission, after having held the public
10 hearing, shall approve or modify the application in the following
11 manner:
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1. Approve a density bonus of not more t an twenty-
13 five percent over the maximum allowable density under the General
14 Plan. When a twenty-five percent density bonus is provided, the
15 developer shall execute a covenant to run with the land that a
16 minimum of twenty-five percent of the total units to be
17 constructed shall be available for low and moderate income
18 families for a period of thirty years, or that ten percent of the
19 total units will be available for lower income households for a
20 period of thirty years.
21 2. Provide at least two alternative bonus incentives
22 of "equivalent financial value" from which the developer may
23 select one alternative for application to the project, subject to
24 the recommendation of the Planning Commission and approval of the
2;) Mayor and Common Council. These alternatives may include but are
2G not limited to the following:
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1 a. Construction of public improvements
2 appurtenant to the proposed development which may include but not
3 be limited to streets, sidewalks, sewers, water lines, street
4 lights.
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11 e. Issuance of mortgage revenue bonds, industrial
12 development bonds, or other forms of tax-exempt financing,
13 including, if appropriate and necessary, a waiver of the City
14 fees thereon.
15 f. Granting of a change of zone, if such grant
16 increases the financial viability of a project.
17 g. Sale of sewer capacity rights.
18 h. Granting of a General Plan amendment.
19 3. A combination of alternatives listed under
20 Paragraph 2 above with a proportionate reduction in the twenty-
21 five percent density bonus to arrive at an overall Requivalent
22 financial valueR equal to twenty-five percent of the maximum
23 allowable density under the General Plan.
24 4. Pursuant to the approval of sale of sewer capacity
25 rights or the grant of any application for a zone change, parcel
26 map or conditional use permit, the party receiving such zone
27 change, parcel map, conditional use permit or sewer capacity
28 rights shall be required to execute an agreement which includes
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b.
Utilize federal and state money for land write
c. Waive any or all local ordinances regulating
land development including fee structures.
d. Waiver of the provisions of the Quimby Act
(Parks and Recreation dedications>.
] the provision that: "Grant of this application (or approval of
2 sale of sewer capacity rights) is deemed by the parties hereto to
3 constitute a grant by the City of a financial incentive for the
4 development of any housing development project which may
5 hereafter be developed on the affected parcel or parcels. This
6 grant (or approval) is of 'equivalent financial value' to any
7 density bonus which may be required for such project pursuant to
R' any present or future interpretation of applicable state law." A
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" separate recordable agreement shall be provided to include a
10 covenant running with the land for a period of thirty years.
11 E. The recommendation of the Planning Commission to the
12 Mayor and Common Council shall be made in writing no later than
13 ninety days after receipt of application.
14 F. A fee shall be paid in the amount of $350.00 plus $25.00
15 per acre for the processing of the density bonus or equivalent
16 financial value request, and shall be paid at the time of
17 submission of the application.
18 SECTION 2. Resolution No. 85-66 is hereby repealed.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
21 Bernardino at a
22 the day of
23 following vote, to wit:
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, 1986, by the
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AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
______._____, 1986.
Mayor of the City of San Bernardino
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12 Approved as to form:
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14 City Attorney
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