§ 17.42.090. Takings Determination

A.

Determination of a taking of property without just compensation.  

1.

Initiated by request from developer. Commencing upon the approval or disapproval of the Inclusionary Housing Plan by the City Manager or the Assistant City Manager, in compliance with the City's regulations for the implementation of this Chapter (see Section 17.42.020.A), and within 15 days thereafter, a developer may request a determination that the requirements of this Chapter, taken together with the inclusionary incentives as applied to the residential project, would legally constitute a taking of property of the residential project without just compensation under the California or Federal Constitutions.

2.

Burden on developer. The developer has the burden of providing economic information and other evidence necessary to establish that application of the provisions of this Chapter to the project would constitute a taking of the property of the proposed project without just compensation.

3.

City Manager or the Assistant City Manager's determination subject to appeal. City Manager or the Assistant City Manager shall make the determination, which may be appealed in compliance with Chapter 17.72 (Appeals) except that the Council shall serve as the applicable review authority.

B.

Presumption of facts. In making the taking recommendation or determination, the review authority shall presume each of the following facts:

1.

Application of requirements. Application of the inclusionary housing requirement to the residential project;

2.

Incentives. Application of the inclusionary incentives;

3.

Product type. Utilization of the most cost-efficient product type for the inclusionary units; and

4.

External funding. External funding where reasonably likely to occur.

C.

Modifications to reduce obligations. If it is determined that the application of the provisions of this Chapter would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent, and only to the extent necessary, to avoid a taking. If it is determined no taking would occur though application of this Chapter to the residential project, the requirements of this Chapter remain applicable.

(Ord. 7020 § 5, 2005)