ORDINANCE NO. MC-1629
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ORDINANCE NO. MC-1629
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 23-03
AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES)
SECTION 19.04.030 (DENSITY BONUS) OF THE CITY OF
SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE
19) TO UPDATE THE DENSITY BONUS SECTION IN
COMPLIANCE WITH STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 23-03 IS EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, the State of California has adopted Government Code Sections 65915 – 65918 (State Density Bonus Law), which requires cities to provide density bonuses, concessions/incentives, waivers, and parking reductions for eligible housing development; and WHEREAS, Government Code Section 65918 provides that the State Density Bonus Law applies to charter cities, including San Bernardino; and WHEREAS, in recent years, in response to the State’s need for housing, the State’s Density Bonus Law has been amended to increase affordable housing production and reduce housing costs, requiring the City to update the Density Bonus Section of Chapter 19.04 (Residential Zones); and
WHEREAS, on October 2, 2023, the Community Development and Housing Department - Planning Commission received a letter regarding the City’s draft Housing Element noting that the provisions of the City’s density bonus ordinance constitute a constraint to affordable housing development; and
WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino, it was stated that the City would update the density bonus ordinance as required by statute and the stipulation agreement; and
WHEREAS, Development Code Amendment 23-03 is a City-initiated amendment to Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in compliance with state law; and
WHEREAS, the Planning Division of the Community Development and Housing Department of the City of San Bernardino has prepared Development Code Amendment 23-03 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and ORDINANCE NO. MC-1629
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WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 23-03 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2023- 049 recommending the adoption of the Development Code Amendment 23-03 to the Mayor and City Council; and
WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 23-03 was published in The Sun newspaper on February 10, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 23-03; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.
SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 23-03 and this Ordinance No. MC-1629 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3.Finding of Facts – Development Code Amendment 23-03 Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 23-03 is consistent with the General Plan, as follows:
Land Use Policy Goal 2.1.4: Provide assistance in the form of grants, loans, home-improvement efforts, coordinated code and law enforcement, public ORDINANCE NO. MC-1629
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right-of-way maintenance and enhancement, and trash collection to help improve San Bernardino’s residential neighborhoods. (LU-1 and LU-3) Land Use Policy 2.4.1: Quality infill development shall be accorded a high priority in the commitment of City resources and available funding.
Land Use Policy 2.4.2: Continue to provide special incentives and improvement programs to revitalize deteriorated housing stock, residential neighborhoods, major business corridors, and employment centers. (LU-3 and LU-4)
Housing Goal 3.3: Affordable Housing Assistance. Assist in the provision of housing affordable to lower and moderate-income households.
Housing Goal 3.4: Fair Housing Opportunity. Promote fair and equal housing opportunities for all persons in San Bernardino.
Housing Goal 3.5: Governmental Constraints. Reduce adverse effects of governmental actions on the production, preservation, and conservation of housing, particularly for lower-moderate-income households.
The adoption and implementation of Development Code Amendment 23- 03 is consistent with the City’s General Plan by allowing for the development of affordable housing in a manner consistent with State law.
Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 23- 03 are in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations consistent with State law that will further the development of affordable housing for low and moderate-income households, seniors, and students.
SECTION 4.Adoption of Ordinance. Development Code Amendment 23-03 to amend Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in compliance with state law attached hereto and incorporated herein by reference as Exhibit “A”, is hereby approved.
SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 23-03.
ORDINANCE NO. MC-1629
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SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2024.
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Helen Tran, Mayor
City of San Bernardino
Attest:
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
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Sonia Carvalho, City Attorney
ORDINANCE NO. MC-1629
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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1629, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
______________________________
Genoveva Rocha, CMC, City Clerk