California Building Industry Association, Plaintiff and Respondent v. City of San Jose, Defe — Chin, J…

Summary

Justice Chin concurred in upholding San Jose's inclusionary-housing ordinance, reasoning that the ordinance regulates land use rather than requiring an exaction of property because it permits developers to build affordable units more cheaply than market-rate units. He cautioned that an ordinance requiring developers to sell units below cost would present a materially different takings question. Justice Werdegar, concurring separately, agreed with the result but would treat the reasonable-relationship standard for legislatively mandated mitigation fees as a due process standard rather than a takings test.