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18 ATTACHMENT 1-4; 6-9
City of Pleasanton
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18 ATTACHMENT 1-4; 6-9
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8/28/2015 3:03:53 PM
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4/10/2013 3:42:07 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/16/2013
DESTRUCT DATE
15Y
DOCUMENT NO
18 ATTACHMENT 1,4,6,9
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zoning established in Euclid v. rlmhl r Renlir Co.' and applied by the Cali Iona a Supreme Court <br /> in Acrociuted Home Builders etc.. to e. r Lift of Livermore!' <br /> The land use ordinance position has been most clearly adopted by the New Jersey <br /> Supreme Court, in Southern Burlington County NAACP v. Township of Mount Laurel.? The <br /> court rejected distinctions between socioeconomic and other zoning, noting that all zoning, such <br /> as that for "detached single family residential zoness, high-rise multi-family zones of any kind, ... <br /> indeed[.1 practically any significant kind of zoning" has inherent socioeconomic characteristics. <br /> The court held that, where a community's obligation to provide housing for t.11 income groups <br /> could not he met by the removal of zoning restrictions, "inclusionary devices such as ... <br /> mandatory set-asides keyed to the construction of lower- income housing, are :onstitutional and <br /> within the zoning power of a municipality...We know of no governmental purpose ... that is <br /> served by requiring a municipality to ingeniously design detailed land use regulations ... actually <br /> aimed at accommodating lower income fumilies, while not allowing it directly to require <br /> developers to construct lower income units. <br /> In 1990, in Holmdel Builders Assn v. Township of Holmdel,`( the New Jersey Supreme <br /> Court revisited the issue while reviewing the constitutionality of affordable horsing fees required <br /> by several New Jersey cities. The court explained that "inclusionary-zoning devices," including <br /> inclusionary in-lieu fees, are land use ordinances that bear a "real and substantial relationship to <br /> the regulation of land" because they are specifically designed to help create cffordable housing <br /> 272 U.S. 365 (1926). <br /> 18 Ca13d 382,604-05(1976). <br /> 9 456 A.2(.1390(N_). 1983). <br /> id at 448-50. <br /> 583 A.2d 277 (N.J. 1990) <br /> 1 <br /> 990151 1 7_'1137'3 <br /> 5 7 2uu9 <br />
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