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Ordinance 1376ORDI2ANCE rto. 1376 • AN ORDINANCE OF THE CrTY OF CilPERTa10 AMEfiD1NG E}QiIB1T C OF ORDINANCE N0. 1165 TU NADIFY O~dDITION 16 OF AN APPliDVID PLANNED DEVEIDPtgNr ZQNING ACTION Zn PERMLT THE PA7d~2TT OF AN IN-LIFI,J FEE IN PLACE OF PRL7VIDING SIIDW MARIQr'T RATE HOUSING LQ~lITS. ~ CITY 0OtR1CII, OF THE CITY OF C[JPF~*IId0 DOSS ORDAIN AS FOI7t7W3: Sd~FAS, Cn April 5, 1982, the City Council enacted Ordirsanoe No. 1165 11655 and isx].u~ded in thet~~ deBCribed in F~diibit oAn of Said 0rd171arfoe E~ibit C of said Ordinanoet~as~ artier a series of oatditions listed in Td~AS, the City Council now desires to offer to developers the option to pay a fee in-lieu of pravidic:q Below 1~Iarket Rate housing ~mitss and, {d~'AS, Condition 16 of E:dtibit C of Otdinar-oe 1165 must be amended to include the in-lieu fee payment aptian. NOF1, 'IftE, BE IT AS FULIL1f~S: Section 1. that Condition 16 oatstained in E~ibit C of Ordinance No. 1165 is hereby amended to provide as follows; 16) Ttse applicant shall participate in the City's Below Market Rate (~) f~~J ~~• The applicant shall gave the option to fulfill the Blot participatim obligation in either of the following ways: a) Provide the required number of actual housing units b) FYy to the City of Q+,,,~ner-t1r~n all in-lieu tee as follows: Far that portico of the development commonly identified as the Qspertiao Waterfall (Town Center Properties) Condsniinitnn: The Sum of $178,000 Samar Citiz~Rgtir~ent development o~y identified as the Project (De Anza Properties) Tt~e Sum o! $125, 000 P1or' that portico of the development occmnnly ider-tilied as the Apartnmm':t Fro'jeet: The Sum of $108,750 If the applicant elects to pay the Bt~t in-lieu fee, the Planning Direc.~tar shall retain the option to specify a graduated payment schedule not to esacaed two (2) years duration. Said graduated payalent schedule, and all other terms affer*im the in-lieu payment, shall be embodied in a r+eoarded ags:+eement which shall be subject to prior approval by the City Attorney. • ORDINANCE No. 1376 Section 2. Zhis Ordinance shall take effect and be in fozce thirty (30) days after its passage. INIRODCICED at a regalar meeting of the City Council o! the City of arpeztino this 4th day o! August ,1986 aryl F2~UUCPF:D at a regular meetirq of the City Camcil of the City of Cupertino this 18th day oP Auraust , 1986 by the following vote: ~e I~iS OF TF~ CITY ODUNCII, p~yF$; Gatto, Johnson, Plungy, Sparks, Rogers ~; None p~~; None ~p~; None