20.30.090 Takings determination.
A. Developer Request. In accordance with the procedures provided by this chapter, a developer may request a determination as to whether the requirements of this chapter, taken together with any density bonuses and any concessions or other incentives as applied to the residential or mixed-use project, would legally constitute a taking of property of the residential or mixed-use project without just compensation under the California or Federal Constitutions.
B. 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.
C. City Council Approved Inclusionary Housing Plan. If the inclusionary housing plan is subject to the approval of the city council, the developer may request the city council to make a takings determination at the time it acts to approve or disapprove the inclusionary housing plan.
D. City Manager, or Designee, Approved Inclusionary Housing Plan. If the inclusionary housing plan is subject to the approval of the city manager, or designee, the developer may request the city manager, or designee, to make a takings determination within 15 days of the decision by the city manager, or designee, to approve or disapprove the inclusionary housing plan. The developer may appeal the city manager’s, or designee’s, takings determination to the city council within 15 calendar days after the date of the decision in compliance with this chapter.
E. Presumption of Facts. In making the taking recommendation or determination, the city council, city manager, or designee, as appropriate, shall presume each of the following facts:
1. Application of Requirements. Application of the inclusionary housing requirements to the residential or mixed-use project; and
2. Application of Density Bonus and Incentives. Application and utilization of all density bonuses and incentives available under state and local law; and
3. Product Type. Utilization of the most cost-efficient product type for the inclusionary units that would meet the standards of this chapter; and
4. External Funding. The reasonable availability of external funding.
F. 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 that no taking would occur through application of this chapter to the residential or mixed-use project, the requirements of this chapter shall remain applicable. (Ord. 720 § 9 (Att. 2), 2022).