Agenda - Planning Commission - 08/04/2016

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June 25, 2016 1 Volume 10 I Issue 12 Zoning Bulletin Accordingly, the court concluded that the "balance of hardships" favored SBS and that the City, here, would therefore "be required to approve SBS's application to establish a PDD at the Site in order to es- tablish a mental health facility consistent with its application." See also: LeBlanc -Sternberg v. Fletcher, 67F.3d 412 (2d Cir. 1995). See also: Tsoinbanidis v. West Haven Fire Dept., 352 F.3d 565, 15 A.D. Cas. (BNA) 32 (2d Cir. 2003). Case Note: The City had argued that SBS lacked standing (i.e., the legal right) to pursue its FHA and ADA claims and that SBS's claim failed to state plausible causes of relief. The court rejected these claims, finding otherwise. Case Note: In its decision, the court noted that although the City was being ordered to ap- prove SBS's PDD application, pursuant to the City Code, approval of the PDD application did not permit an approve use to operate immediately. Under the City Code, SBS was still required to submit a final development plan to the City Planning Board for site plan review prior to the issuance of a building permit. Case Note: An appeal to this decision was filed with the United States Court of Appeals, Second Circuit, on May 5, 2016. Zoning News from Around the Nation CALIFORNIA Governor Jerry Brown has reportedly proposed a new law (attached to the state budget, that was set for a vote June 1, 2016) Streamlining Affordable Housing Approvals Act (section 65400.1 of the state code) —which would specify that new housing "would be permitted use by right" as long as "at least 20 percent of units are occupied by individuals whose income is 80 percent or less of area median gross income." Under the Act, in areas within a half mile from a major transit centers, only 10% of the units need be priced for low income house- holds, or five percent for "very low" income households in order to 12 © 2016 Thomson Reuters