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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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For cities, there is now only one relevant exception to Costa Ilawkins. which does not <br /> apply when "[tIhe owner has otherwise agreed by contract with a public entity in consideration <br /> for a direct financial contribution or any other forms of assistance specified in [density bonus <br /> law, commencing with Government Code Section 65915]."'4 In the absence of financial <br /> assistance or another incentive, it is questionable whether a voluntary agreement to provide rent- <br /> controlled units could be enforced.75 <br /> Inclusionary Ordinances as Rent and Price Controls. The Painter court's characterization <br /> of inclusionary zoning as a rent control could result in the characterization of controls on <br /> ownership units as price controls. If the courts begin to classify inclusionary ordinances as price <br /> controls, a different set of constitutional standards would prevail. The issue was raised in Napa <br /> but not resolved. <br /> A price control is considered constitutional so long as it is not "confiscatory, i.e., ... fails <br /> to permit a landlord a fair rate of return."3t' However, prices for inclusionary units are not based <br /> on "fair return" concepts but on prices that are affordable to moderate and lower income families. <br /> The formulas used to set affordable prices have nothing to do with land costs, prices of market- <br /> rate units, financing, construction costs, or other factors that affect the developer's rate of return. <br /> ''Civil Code Section 1954.52(6). <br /> While it would normally be assumed that a developer could agree to provide affordable rental housing as part of a <br /> development agreement,communities may want to include a term in their development agreements expressly stating <br /> that developer has agreed to limit rents in exchange for the regulatory incentives included in the development <br /> agreement. <br /> The case also raises the question of the validity of existing agreements requiring the provision of rent- <br /> controlled housing when no city incentives were provided. We will attempt to discuss this issue in our panel <br /> discussion,but there has not been time to address this issue in this paper. <br /> JB Santa Monica Beach, Ltd. v. Superior Court, [P 99Si <br /> l3 <br /> 0000?I I.7'_037'_3 <br /> R <br /> 7 2000 <br />
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