HomeMy WebLinkAboutORD NO 4675—
ORDINANCE NO. 4875
ORDINANCE AMENDING SECTION 15.84.055 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO REDUCTION
OR WAIVER FOR LOW- INCOME HOUSING PROJECTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 15.84.055 of the Bakersfield Municipal Code is hereby amended to
read as follows:
15.84.055 Reduction or waiver for low- income housing projects.
A. Reduction of Fee for Rental Housing. The fee may be reduced by
twenty -five percent for those projects where rent levels for all rentable units,
excluding any manager's unit, will be affordable to low- income families as
defined by the Federal Department of Housing and Urban Development for a
minimum period of ten years.
B. Waiver of Fee for Owner - Occupied Housing. The fee may be
waived entirely for owner occupied housing if it can be demonstrated that the
cost of the home would change from being affordable to a low- income family
to being affordable to a moderate income family solely as the result of payment
of the impact fee.
C. Documentation Required for Reduction or Waiver of Fee.
1. Rental projects seeking a fee reduction pursuant to subsection A. of
this section shall comply with the following procedure:
a. Pay the current fee as set forth in Section 15.84.050.
b. Submit evidence certifying that the rentable units will be occupied
by low- income tenants. This information shall include any mortgage or rent
subsidy contracts requiring occupancy by low- income families as a condition of
approval or recorded deed restriction restricting occupancy of the units to low -
income families, project data certifying tenant population to be low- income
families, project data certifying tenant occupancy change to a higher income,
or any other information deemed necessary to determine eligibility of the
project for a fee reduction.
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ORIGINAL.
C. Execute a Traffic Impact Fee Reduction Agreement agreeing to
repay the city the portion of the fee refunded by the city should occupancy of
the rentable units change to a higher income group.
d. Once it is determined that the project qualifies for a reduction in
fee, twenty -five percent of the fee paid pursuant to Section 15.84.050 will be
refunded.
2. Owner- occupied projects seeking a fee waiver pursuant to
subsection B of this section shall follow the following procedure:
a. Pay the current fee required as set forth in Section 15.84.050.
b. Submit evidence that the cost of the home would change from
being affordable to a low- income family to being affordable only to a
moderate - income family solely as a result of payment of the impact fee. This
information shall include a copy of escrow instructions, closing statements,
family income tax statements, loan closing statements and any other
information deemed necessary to determine eligibility of the project for a fee
waiver.
C. Once it is determined that the project qualifies for a waiver of the
fee, the monies paid pursuant to Section 15.84.050 will be refunded.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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`)RIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY o 9- 7017 by the following vote:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
✓ ✓ ✓ ✓ ✓ ✓ ✓
COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER: 111m,
COUNCILMEMBER: ()tn-
COUNCILMEMBER: Ylt0l
MAY 0 9 7012
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officib Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
—A DREW HEGLUN
Deputy City Attorney
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 11th day of Ma v, 2012 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4675, passed by the
Bakersfield City Council at a meeting held on the 9th day of May, __2012 and entitled:
AN ORDINANCE AMENDING SECTION 15.84.055 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO REDUCTION OR
WAIVER FOR LOW- INCOME HOUSING PROJECTS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP 4Citlerk
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ORIGINAL.