Agenda - Planning Commission - 01/09/2014

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Zoning Bulletin December. 10, 2013 I Volume 7 I Issue 23 See also: DoMiJo, LLC v. McLain, 41 A.3d 967 (Pa. Commw. Ct. 2012). See also: Zitelli v. Zoning Hearing Bd. of Borough of Munhall, 850 A.2d 769 (Pa. Commw. Ct. 2004). See also: Metzger v. Bensalem Tp. Zoning Hearing Bd., 165 Pa. Conunw. 351, 645 A.2d 369 (1994). Time for Proceedings —Developer challenges city requirement that it set aside units as below market rate housing and pay cash to city fund City and developer dispute whether the statute of limitations of the Mitigation Fee Act or Subdivision Map Act apply to developer's challenge Citation: Sterling Park, L.P. v. City of Palo Alto, 163 Cal. Rptr. 3d 2, 310 P.3d 925 (Cal. 2013) • CALIFORNIA (10/17/13) This case addressed the issue of whether Cal- ifornia's Mitigation Fee Act —and its statute of limitations— applied to a case n which a developer challenged a city requirement that the developer set aside a certain number of units as below market rate housing and make a substantial cash payment to a city fund, or whether the Subdivision Map Act — under which the developer failed to meet the statute of limitations for bringing such an action —applied. The Background/Facts: Sterling Park, L.P. and Classic Communities, Inc. (collectively, "Sterling Park") owned two lots in the City of Palo• Alto (the "City"). Sterling Park planned to demolish existing commercial improve- ments and construct 96 residential condominiums on the site. The proposed development was subject to the City's below market rate housing program, and thus required Sterling Park to provide at least 20% of all units as below market rate units. Under the program, the City could accept a cash payment to the City's housing development fund in lieu of providing below market rate units or land. In 2005, Sterling Park submitted its initial application for project approval. In a letter dated June 16, 2006, the City stated the terms of an agreement be- tween Sterling Park and the City's planning staff under which Sterling Park agreed to provide 10 below market rate units on the project site and pay in -lieu fees of 5.3488% of the actual selling price or fair market value of the market rate units, whichever was higher. Classic Communities, Inc.'s vice president executed the letter on June 19, 2006. On that date, the city council approved the project. Over a year later, when the new units were being finished, the City began requesting conveyance of the below -market -rate designated homes. On July 2013 Thomson Reuters 7