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I still don't know why SB827 didn't use the approach that SB50 is now using, of expanding the existing state density bonus law, which is legally bulletproof.
"May a city or county condition its grant of a developer’s application for a density bonus upon the developer’s payment of a “public benefit fee” that is imposed only on the density-bonus units?
No."
SF's fee on bonus units is declared illegal!
https://oag.ca.gov/system/files/opinions/pdfs/17-602.pdf …
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It did.
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In SF I thought fee in question is the inclusionary housing fee. The SF inclusionary housing fee is on ALL units in the project. This opinion is saying a fee that applys ONLY to density bonus units is illegal.
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