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May 19, 2021 <br />Page 13 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br /> <br />Increase the supply of affordable ownership and rental housing in San <br />Leandro as identified in the established Housing Element Goal 53, Affordable <br />Housing Development. Policy 53.04 of Goal 53 requires the inclusion of <br />affordable housing in new housing developments. (Ord. 2020-002 § 4; Ord. <br />2004-023 § 3).55 <br /> <br />The Zoning Code provides no exception to these requirements for properties <br />purchased prior to the Inclusionary Housing requirements enactment. Exemptions <br />from the rule are limited to:56 <br /> <br />A. The reconstruction of any structures that have been destroyed by fire, <br />flood, earthquake or other act of nature. <br />B. Developments that already have more units that qualify as affordable to <br />moderate-, low- and very low-income Households than this chapter requires. <br />C. Housing constructed by other government agencies. <br />D. Accessory dwelling units. <br /> <br />Applicants are therefore not “grandfathered” in under the prior inclusionary <br />housing requirements, as was stated at the Board of Zoning Adjustments May 6, <br />2021 hearing.57 The Inclusionary Zoning requirement may therefore be <br />retroactively applied to the Project.58 <br /> <br />While there is a strong policy against construing statutes to be retroactive59, <br />there is no constitutional prohibition against retroactive legislation that does not <br />impair contract or vested rights.60 “It is well settled that [a] new ordinance may <br />operate retroactively to require a denial of the application, or the nullification of a <br />permit already issued, provided that the applicant has not already engaged in <br />substantial building or incurred expenses in connection therewith.”61 Further, <br />“[t]here is no law of California to prevent the enforcement of a retroactive measure <br /> <br />55 San Leandro Zoning Code § 6.04.100. <br />56 San Leandro Zoning Code § 6.04.116. <br />57 City of San Leandro, California, Planning Commission and Board of Zoning Adjustments, 5/6/2021 <br />7:00 PM, Meeting Video available here: <br />http://sanleandro.granicus.com/MediaPlayer.php?view_id=2&clip_id=1667. <br />58 See Melton v. City of San Pablo (1967) 252 Cal. App. 2d 794. <br />59 Aetna Cas. & Surety Co. v. Industrial Acc. Comm., 30 Cal.2d 388. <br />60 McCann v. Jordan, 218 Cal. 577. <br />61 Id. at 580; Brougher v. Board of Public Works, 205 Cal. 426; Wheat v. Barrett, 210 Cal. 193. <br />72