My WebLink
|
Help
|
About
|
Sign Out
18 ATTACHMENT 1-4; 6-9
City of Pleasanton
>
CITY CLERK
>
AGENDA PACKETS
>
2013
>
041613
>
18 ATTACHMENT 1-4; 6-9
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/28/2015 3:03:53 PM
Creation date
4/10/2013 3:42:07 PM
Metadata
Fields
Template:
CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/16/2013
DESTRUCT DATE
15Y
DOCUMENT NO
18 ATTACHMENT 1,4,6,9
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
206
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
• Allow rental developments to provide on-site affordable housing only pursuant to <br /> a contract reciting financial or other incentives provided to the development. <br /> • Retain existing on-site inclusionary requirements for ownership units as land use <br /> controls, with any in-lieu fee equal to the cost of providing the units elsewhere <br /> and with language stating clearly that the fee is not an impact fee. However, the <br /> in-lieu fees would remain subject to attack under Patterson and would need to he <br /> differentiated from the affordable housing in-lieu fees analyzed in San Remo. An <br /> option is to simply require that the units be provided on site and not include an in- <br /> lieu fee option. <br /> One advantage of this structure may be that the city can amend only those portions of its <br /> ordinance related to rental housing, saving its existing provisions for ownership housing from a <br /> facial attack.'° In addition, if the courts agree that the on-site requirements are land use controls, <br /> they will be subject only to the highly deferential "rational basis" test. However, as Alan <br /> Seltzer's paper states, once a nexus study is completed, it would be hard to avoid its conclusions <br /> regarding the justification for the fee in-lieu of producing housing on-site. As a final variation, <br /> this result can be avoided by removing rental housing without recorded condominium maps from <br /> all affordable housing requirements and retaining only provisions for ownership housing. <br /> D. Random Considerations <br /> "'.See Buena Park hotel Assn. r. CIhv of Buena Park (2003) 109 Cal. App.4th 302, 308. holding that plaintiffs were <br /> precluded from challenging portions ot a later-adopted ordinance that were"not altered" from an earlier ordinance. <br /> IS <br /> 9900511 '2111-2 3 <br /> 21109 <br />
The URL can be used to link to this page
Your browser does not support the video tag.