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Ordinances
Ordinance Number
2762
Date
1/17/2012
Subject
Density Bonus Requirements
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minimum of thirty years, as required by state law (Government Code sections 65915 (c) (1) and <br /> 65916) Those units targeted for lower income households, as defined in Health and Safety Code <br /> section 50105, shall be affordable at a rent that does not exceed thirty percent(30%) of fifty <br /> percent (50%) of the area median income <br /> 2 Moderate income households, equity sharing The initial occupant of any <br /> moderate income unit in a condominium or planned development shall be a person or family of <br /> moderate income, as required by state law (Government Code section 65915 (c) (2)) Upon <br /> resale, the seller of the unit shall retain the value of any improvements, the down payment and <br /> the seller's proportionate share of appreciation The City shall recapture its proportionate share <br /> of appreciation, which shall be equal to the percentage by which the initial sale price to the <br /> moderate income person or family was less than the fair market value of the home at the time of <br /> initial sale The City shall spend recaptured fiends within three years for any purposes to <br /> promote homeownership, as described in Health and Safety Code section 33334 2(e) <br /> B Recordation of Agreement The terms and conditions of the covenant shall run <br /> with the land which is to be developed, shall be binding upon the successors-in-interest of the <br /> developer, and shall be recorded in the official records of the County of San Bernardino In <br /> addition to the requirements described in subsection 18 228 040 A above, the agreement shall <br /> include the following provisions <br /> l The developer shall give the City a continuing right-of-refusal to purchase <br /> or lease any or all of the designated units at the fair market value, <br /> 2 The deeds to the designated units shall contain a covenant stating that the <br /> developer shall not sell, rent, lease, sublet, assign or otherwise transfer any interests for the same <br /> without the written approval of the City confirming that the sales or rental price of the units is <br /> consistent with the limits established for lower, very low and moderate-income households, <br /> which shall be related to the Consumer Price Index; and <br /> 3 The City shall have the authority to enter into other agreements with the <br /> developer, or purchasers of the dwelling units, as may be necessary to ensure that the Iower and <br /> very low income units are continuously occupied by eligible households <br /> 18 228 050 Location of Affordable Units <br /> A Location/Dispersal of Units The location of affordable units within the <br /> qualifying project shall be at the discretion of the City with the goal to integrate the units into the <br /> overall project However,the affordable units shall be reasonably dispersed throughout the <br /> development where feasible, shall contain on average the same number of bedrooms as the <br /> nonaffordable units, and shall be compatible with the design or use of the remaining units in <br /> terms of appearance,materials and finish quality <br /> B Alternative Development Site Circumstances may arise in which the public <br /> interest would be served by allowing some or all of the affordable units associated with one <br /> housing development to be produced and operated at an alternative development site Where the <br /> 6 <br /> I lcc1erklprdinances12762 Amending 18 228 Density Bonus Requirements(Form).doe <br />
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