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SENT BY: 5- 1- 0 ; 4:31PM ; BEST BEST & HRIEGER-i 9093705154;# 2/ 6 <br />CITY of ren <br />April 18, 2040 . <br />TO. Catifor,n* City Attorneys <br />APR 2 4 ma <br />CITY ATT <br />955 School Street <br />PO Box 660 <br />Napa, California 94559-0660 <br />(707) 257-9516 <br />(707) 257-9274 (Facsimil4) <br />RE: REQUEST FOR AMICUS CURIAE SUPPORT IN ASSOCIATED HOME <br />l3UILDERS OF NORTHERN CALIFORNIA Y. CITY OF NAPA; CALIFORNIA <br />COURT iDF APPEAL NO. A090437; APPEAL FROM SUPERIOR COURT <br />JUDGMENT REJECTING CIIALLENGE� TO RESIDENTIAL INCLUSIONARY <br />ORDII' ACE <br />Dear City Attorneys: <br />r <br />The City of Napa requests your cities' amid p support in the above -referenced case <br />involving a challenge brought by the Associated -ontes builders of Northern California, <br />represented by. the Pacific Legal Foundation, againstj the City's residential inclusionary zoning <br />requirement. The Legal Advocacy Committee of the League of California Cities also urges <br />cities to join in this effort. <br />BRIEF DE1 ffMDI Of CASE <br />The City of Napa adopted its inclusionary or <br />adopted by some, 75 cities and coun$eg Statewide, <br />created by the de�elopmcnt of market rate residential <br />all new residential dwelling units be affordable, and I <br />ensure the continued affordability of the units constr <br />developer to satisfy the requirement either by an "al <br />dedication of. Im id or the construction of at%rdah. <br />developer's optioin, by payment of an in -lieu fee to <br />supply of affordable housing in the City. The <br />affordable housing concessions and incentives, and <br />Council for a reduction, adjustment or compleu <br />requirements based upon a demonstrated absence of <br />the requircments imd the impact of the development. <br />!inane, similar in substance to ordinances <br />z address impacts on affordable housing <br />proj ects by requiring generally that 100/,, of <br />y imposing rent and resale requirements to <br />icted. The ordinance permits a residential <br />ernative equivalent proposal," including a <br />D units on another site, or, again at the <br />be used only to increase and improve the <br />rdinance also allows developers various <br />permits developers to appeal to the. City <br />waiver of the inciusionarylin-lieu fee <br />reasonable relationship or nexus between <br />