2000 AGN MAY 16 I05 - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF May 16, 2000 TO: Honorable Mayor and City Counc APPROVAL: Henry T. Garcia, City Manag 4V FROM: City Attorney SUBJECT: Request for Amicus Curiae Support in Associated Home Builders Northern California v. City of Napa DATE: May 1, 2000 SUMMARY: From time to time, public agencies seek the City's support as an amicus curiae (a friend of the court). There is no cost to the City to participate as an amicus curiae. The City of San Francisco is seeking support in the case described below which involves a challenge the City's residential inclusionary zoning requirement. BACKGROUND: In July 1999, the City of Napa adopted an inclusionary ordinance to address impacts on affordable housing created by the development of market rate residential projects by requiring generally that ten percent (10%) of all new residential dwelling units be affordable, and by imposing rent and resale requirements to ensure the continued affordability of the units constructed. The ordinance allows a residential developer to satisfy the requirement in various ways, including: 1) An "alternative equivalent proposal" which could include a dedication of land or the construction of affordable units on another site; or 2) Payment of an in -lieu fee to be used only to increase and improve the supply of affordable housing. The ordinance also allows developers various affordable housing concessions and incentives and permits developers to appeal to the City Council for a reduction, adjustment or complete waiver of the inclusionary/in-lieu fee if they can demonstrate an absence of a reasonable relationship between the ordinance requirements and the impact of the development. Shortly after the ordinance went into effect, the Associated Home Builders filed a lawsuit challenging the ordinance on its face. The lawsuit contained several causes of action, Item #5