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City Council Approves Settlement Agreement in Housing Cap Lawsuit

Submitted by News Desk on Wed, 08/18/2010 - 12:31pm

City councilmembers unanimously approved a settlement agreement in the housing cap lawsuit during last night's meeting. 

By approving the agreement, city staffers can move ahead with executing the terms of the agreement. These items include:

  • A payment of $995,000 to plaintiffs, Urban Habitat, within 30 days. Another $995,000 will be paid off no later than July 31, 2011.
  • Removing the housing cap from the General Plan. Instead, the city will consider other"growth management" strategies that are consistent with state laws.
  • Rezoning of three sites in the Hacienda Business Park development project will have to incorporate state requirements. The agreement calls for, among other things, a set of development guidelines that sets a minimum density of 30 units per acre and allows for at least 15 percent of the housing units to be affordable housing.
  • Updating the City Housing Element to include discussion, identification and inclusion of housing for all income levels.
  • Adopting a resolution on non-discrimination housing policies and preparing a Climate Action Plan to address concerns on how the city analyzes environmental impacts of development projects.
The city also regains its building permit authority, previously lost during a March ruling against the city's housing cap. 

The city council will also form a subcommittee to oversee the implementation of the agreement. The group would be made up of two councilmembers and two city staff. Its duties would include monitoring how the agreement is carried out and provide updates to the public on a quarterly basis.

The group will also be "charged with reviewing, reseraching and investigating alternative growth management strategies" for the city's consideration.