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EXHIBIT 1 <br />Methodology <br />According to the most recent survey available ofinclusionary programs available,149 jurisdictions <br />in California were identified with inclusionary housing programs.3 This report is limited to the six <br />most populated cities with reported inclusionary housing policies. Chula Vista was also selected <br />to provide a regional comparison to the City of San Diego. The report discusses the most <br />significant elements of each city's policy in a general format beginning with some background, <br />the main or base requirement of the policy, alternatives to the base requirement, and impacts of <br />city policies. <br />FISCAL/POLICY DISCUSSION <br />Recent Legislation — AB 1505 <br />AB 1505 authorizes a city or county to require, as a condition of development of residential rental <br />units, that the development include a certain percentage of units that are affordable to moderate <br />and lower -income households. The new law became operative in January 2018 and supersedes a <br />2009 court decision in Palmer&Wh Street Properties v. City of Los Angeles (Palmer) that <br />inclusionary zoning for rental residential development conflicts with the state's Costa -Hawkins <br />Rental Housing Act. The Costa -Hawkins Rental Housing Act gives rental housing owners the right <br />to set initial and all subsequent rental rates for a unit built after 1995. In response to the Palmer <br />decision, many jurisdictions suspended their inclusionary zoning ordinances for rental housing <br />development. As shown in this report, many jurisdictions have also changed the structure of the <br />policy to be fee -based and allow, as an alternative to the fee, the production of affordable units <br />within a development project, in order to comply with the Costa -Hawkins Rental Housing Act. <br />A summary of some of the identified impacts from AB 1505 are provided at the end of this report. <br />An overview of inclusionary housing programs is provided below, <br />City of San Diego <br />Inclusionary Housing Ordinance <br />Back rg ound: The City of San Diego's fee -based Inclusionary Housing Ordinance was passed in <br />2003 and is one of several ways that affordable housing is created and preserved in throughout the <br />city. According to the Inclusionary Affordable Housing Ordinance the purpose of the program is <br />"to encourage diverse and balanced neighborhoods with housing available for households of all <br />income levels." <br />Base requirement: San Diego's Inclusionary Housing Progratn requires that all new residential <br />development that is at least two units is subject to an Inclusionary Affordable Housing Fee. These <br />fees are collected and placed in the Affordable Housing Fund. Instead of the fee, the developer can <br />provide affordable units on or off -site of the project. Off -site units are allowed if they assist in <br />9 Thaden, Emily and Ruoniu, Wang, "Inclusionary Housing in the United States: Prevalence, Impact, and Practices," <br />Lincoln Institute of Land Policy, September 2017. <br />65B-13 <br />