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Article: Court rejects in-lieu housing fee methodology; Developers, housing advocates split over decision's importance.(legal digest)
- Article from:
- California Planning & Development Report
- Article date:
- April 1, 2009
- Author:
CopyrightCOPYRIGHT 2009 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The City of Patterson's in-lieu affordable housing fee has been invalidated by the Fifth District Court of Appeal, which rejected the city's methodology for setting the fee. Homebuilders celebrated the decision as a victory in their long fight to constrain development fees, while affordable housing advocates and municipal attorneys described the ruling as limited.
Like about one-third of cities and counties in California. Patterson imposes inclusionary zoning that requires market-rate homebuilders to provide a certain percentage of units to low- or moderate-income households. And. like many jurisdictions, Patterson permits builders to pay an in-lieu fee rather ...