Recently in Bay Area Category

Inclusionary Housing Ordinance Withstands Facial Challenge in New California Court of Appeal Decision; California Building Industry Association v. City of San Jose

June 17, 2013

By Matthew Hinks

The California legislature has declared the availability of housing for every Californian to be a matter of "vital statewide importance." Thus, the legislature has charged local governments with facilitating the provision of housing for all economic segments of the community through the implementation of "housing elements" as part of the community's general plan. The components of those housing elements, including an assessment of housing needs for all income levels, the identification of adequate housing sites, and a program that assists in the development of such housing to meet the needs of low-income households.

San Jose's Inclusionary Housing Ordinance

To implement the state's inclusionary housing policy, the City of San Jose (the "City") passed in 2010 an Inclusionary Housing Ordinance ("IHO"). The IHO requires multi-unit residential developments including at least 20 units to set aside 15 percent of the units for purchase at a below-market rate to households earning no more than 110 percent of the area median income. Alternatively, the developer could comply with the IHO by paying an in-lieu fee not to exceed the difference between the price of a market rate and affordable housing unit or dedicating land.

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An Interview with the New Executive Director of BCDC: Larry Goldzband

September 11, 2012

By Jon Welner

On July 20, Lawrence J. Goldzband was appointed Executive Director of the San Francisco Bay Conservation and Development Commission (BCDC).

BCDC is a state regulatory agency created in the 1960s to ensure the environmental protection and responsible economic development of San Francisco Bay. It has permit authority over all development in the Bay and within 100 feet of the shoreline, including the development of all ports and marine facilities. In recent years, BCDC has taken a leadership role in preparing the Bay Area for the effects of sea-level rise resulting from global climate change.

We recently sat down with Mr. Goldzband to discuss his perspective on the opportunities and challenges that lie ahead.

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