Agenda - Planning Commission - 12/03/2009

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August 25, 2009 I Volume 3\ No. 16 Zoning Bulletin to. a portion of the residential units within the [P]roject and [did] not (. '..,.\. control the rents for the entire [P]roject." )' The court also rejected the city's argument that S H.C's in lieu fee pro- vision did not conflict with the Act, which did not mention impact fees. The court found "the in lieu fee provision [did] not eliminate the conflict between the Costa-Hawkins Act and [S l1.C]'s affordable housing re- quirements." Although the fee option provided an alternative' to S l1.C's affordable housing requirements, "because the fee amount [wa]s based solely on the number of affordable housing units that a developer must provide under the Plan, the Plan's affordable housip.g requirements and the in lieu of fee option [we]re inextricably intertwined." Accordingly, S l1.C's in lieu of fee provision was also preempted by the Act. . Furthermore, the court found that the fact that Palmer could avoid S l1.C's requirements by limiting the number of residential units per lot did not eliminate the conflict that existed betweenS l1.C and the Act. See also: Bullard v. San Francisco R~stdential Rent Stabilization Bd., 106 Cal.AppAih 488,130 CalRptr.2d 819 (2003). See also: Apartment Ass'n of Los .Angeles County, Inc. v. City of Los An- geles, 136 Cal. App. 4th 119, 38 Cal. Rptr. 3d 575 (2d bist. 2006). Case Note: The court acknowledged that the Costa-Hawkins Act would not have applied if Palmer had agreed with the city to build affordable housing "in consideration for a direct financial contribu- tion or any other forms of assistance specified [under state law]." Here, however,. there was' no such agreement. Palmer had refused to build affordable housing units under any circumstances. Telecommunications-City denies telecommunications provider's application for special. use permit Provider alleges deIiial violates federal Telecommunications Act Citation: T-Mobile USA, Inc. v. City of Anacortes, 2009 WL 2138980 (9th Cir. 2009) The 9th U.S. Circuit has jurisdiction over Alaska, Arizona, California, .'Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. WASHINGTON (07/20/09)-T-Mobile USA, Inc. offers digital wireless voice, messaging and data services. It provides its services through a cellular radio telephone network comprised of thousands of cell antenna sites. 8 @ 2009 Thomson Reuters 54' () ,(-~) I I I J I I II