(A) Commencing upon the approval or disapproval of the Inclusionary Housing Plan by the Director pursuant to the regulations, 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 development, would legally constitute a taking of property of the residential development without just compensation under the California or Federal Constitutions. 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 residential development would constitute a taking of the property of the proposed residential development without just compensation. The Director shall make the determination, which may be appealed in the manner and within the time set forth in § 23.89.130, except that the City Council shall serve as the review body.
(B) In making the taking recommendation or determination, the decision maker shall assume each of the following:
(1) Application of the inclusionary housing requirement to the residential development;
(2) Application of the inclusionary incentives;
(3) Utilization of the most cost-efficient product type for the inclusionary units; and
(4) External funding where reasonably likely to occur.
(C) 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 development, the requirements of this chapter remain applicable.
(Ord. 4778, passed 9-28-20)