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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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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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entity pursuant to an adopted capital improvements plan. This difference may help convince a <br /> court that affordable housing is not a "public facility" and hence is not subject to the MFA (even <br /> if it is ultimately defined as an exaction). However, following the MFA procedures in adopting <br /> an ordinance may at least protect the adoption against a facial challenge (as was the case in Santa <br /> Monica)." <br /> Takings and Price Control Issues. Clearly an impact fee and inclusionary requirement <br /> cannot he so confiscatory as to deprive an owner of "all economically beneficial use" of the <br /> property. The issue is whether, as price controls, they must also give owners a reasonable rate of <br /> return. <br /> From a practical viewpoint, the requirement of the Department of Housing and <br /> Community Development ("11CD") that cities demonstrate their inclusionary ordinances do not <br /> pose a "constraint" on housing has resulted in communities' preparing economic studies to show <br /> that housing development remains feasible even after adoption of an inclusionary ordinance. <br /> Some of these studies have been based on a rate of return analysis. For instance, one study we - <br /> reviewed looked at whether an inclusionary requirement would provide developers with a 12 <br /> percent profit on cost, based on data from the National Association cf Homebuilders. <br /> Communities may want to include a rate of return analysis in their economic feasibility studies to <br /> protect against future claims based on the characterization of inclusionary requirements as price <br /> controls. <br /> Relation to Density Bonus Law. If Palmer remains good law, rental affordable units can <br /> be required only if the project receives either money or "any other forms of assistance specified <br /> JJ Although a contrary argument may be made that, if the city follows MFA procedures, applicants may claim that <br /> the city has conceded the applicability of the MFA. <br /> 21 <br /> 72 372 3 <br /> 5- 2110 <br />
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