ATTACHMENTS - Laserfiche WebLink

• Allow rental developments to provide on-site affordable housing only pursuant to a contract reciting financial or other incentives provided to the development. • Retain existing on-site inclusionary requirements for ownership units as land use controls, with any in-lieu fee equal to the cost of providing the units elsewhere and with language stating clearly that the fee is not an impact fee. However, the in-lieu fees would remain subject to attack under Patterson and would need to be differentiated from the affordable housing in-lieu fees analyzed in San Remo. An option is to simply require that the units be provided on site and not include an in- lieu fee option. One advantage of this structure may be that the city can amend only those portions of its ordinance related to rental housing, saving its existing provisions for ownership housing from a facial attack.40 In addition, if the courts agree that the on-site requirements are land use controls, they will be subject only to the highly deferential "rational basis" test. However, as Alan Seltzer's paper states, once a nexus study is completed, it would be hard to avoid its conclusions regarding the justification for the fee in-lieu of producing housing on-site. As a final variation, this result can be avoided by removing rental housing without recorded condominium maps from all affordable housing requirements and retaining only provisions for ownership housing. D. Random Considerations 40See Buena Park Motel Assn. v. City of Buena Park(2003) 109 Cal. App.4th 302,308,holding that plaintiffs were precluded from challenging portions of a later-adopted ordinance that were "not altered" from an earlier ordinance. 18 990051AIA720372.3 8/7/2009