CC Resolution No. 6573 RESOLUTION NO. 6573
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO AMENDING THE BELOW
MARKET RATE HOUSING PROGRAM PROCEDURAL MANUAL
TO PERMIT THE PAYMENT OF A FEE IW LIEU OF
• PROVIDING UNITS PRICED AS HELOW MARKET RATES.
WHEREAS, the City Council adopted the Belaw Market Rate
Nousing Program Procedural Manual on April 2, 1979; and
WHEREAS, the adopted Procedural Manual does not provide any
alternatives for develvpments where participation in the Helow
Market Rate Program creates an unusual hardship or where
provision o4 a Relow Market Rate unit would be inconsistent with
the intent of the program~ and
WHEREAS, the City Council finds additional flexibility with
regards tv implementation of the Helow Market Rate Program wvuld
be desirable.
NOW, THEREFORE: HE IT RESOLVED, that the City Council hereby
amends the Helow Market Rate Housing Program Procedural Manual to
permit the payment of a fee in lieu of providing units priced at
Helow Market Rates. Payment of said fee shall be subject to the
regulations outlined in Exhibit A, attached hereto and made a
part hereof; and
BE IT FUkTHER RESOLVED that the City Council here6y
authorizes the Mayor to endorse said amendment.
Pp3SED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this __?na_ day of _July____, 1985 by the
follwoing vote:
Vote Members_of_tfie_City_Council
AYES: 6atto, Plungy, Sparks, Johnson
NOES: None
ABSENT: Rogers
ABSTAIN: None
ATTE5T: APPROVED:
/s/ Dorothy Cornelius /s/ Phil N. Johnson
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City Clerk Ma or Cit of Cu ertino
EXHIBIT A
RESIDENTIAL_DEVELOPERS
IN-LIEU FEE POLICY
A. Pureose
The Below Market Rate (BMR) Program is currently
inflexible. Permitting the payment of an in-lieu #ee
will provide an alternative to contributing a BMR unit,
thereby making the Program more flexible.
2. Some developme~ts are inappropriate for inclusion in the
HMR Program. An in-lieu fee will enehle the City to
create affordable housing oppartunities in developments
better suitad for the provision of affordable housing.
b. Policies
1. A developer may be permitted to pay a fee in lieu of
providing a BMR unit in the following circumstances:
- Where provision of a unit may result in practical
difficulties or unnecessary hardships not commonly
experienced by residential developers in the City,
ar;
- Where provision o4 a unit would be inconsistent with
the purpose of the BMR Program.
2. All requests to pay a fee in lieu of providing a BMR
unit will be reviewed by the HMR Committee and shall be
subject to City Council approval. The BMR Committee and
City Council will not 6e required to hold public
hearings to consider such requests. However~ prior to
approval of any request, the City Council must find that
payment of an in-lieu fee will not significantly reduce
the long-term supply o4 afforda6le housing in the City.
3. The fees collected shall be placed in the 6eneral Fund
and shall be used to promote affordable housing.