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is "reasonably related both in nature and extent to the impact <br /> of the proposed development"; and <br /> o The Court held that: <br /> ¦ The city failed to meet its burden of establishing an <br /> essential nexus for the public greenway -that the public <br /> greenway path requirement was necessary to offset the <br /> increased traffic which would be caused by Dolan's <br /> expansion; <br /> ¦ The city also failed to make an individualized <br /> determination that the required dedications were <br /> related, both in nature and extent/proportion, to the <br /> proposed impact; <br /> • The city's requirement for a public greenway path was <br /> excessive, and the city cannot justify the conditions <br /> imposed on the Dolan's permit, and thus fails to satisfy the <br /> Rough Proportionality Test. <br /> <br /> • Commercial Builders of Northern California v. City of Sacramento, <br /> 941 F.2d 872 (9"' Cir. 1991). A federal court upheld an ordinance which <br /> imposed an affordable housing "linkage fee" in connection with the <br /> issuance of permits for nonresidential development of the type that will <br /> generate jobs. The City of Sacramento's affordable housing <br /> requirements were upheld, based on the following: <br /> o The ordinance was implemented only after the City of <br /> Sacramento commissioned a detailed study, which revealed a <br /> "substantial connection between development and the problem to <br /> be addressed." <br /> o Sacramento's detailed study included facts, statistics and <br /> evaluation, which supported: <br /> ¦ The need for low income housing ; <br /> ¦ The effect of non-residential development on housing <br /> demand; <br /> ¦ The conclusion that nonresidential development is a "major <br /> factor in attracting new employees to the region" and that <br /> the influx of new employees "creates a need for additional <br /> housing in the City." <br /> ¦ An evaluation of the appropriateness of exacting fees in <br /> conjunction with such developments to pay for housing; <br /> ¦ An estimate of the percentage of new workers in the <br /> developments that would qualify as low income workers <br /> and would require housing; <br /> ¦ A calculation of the fees for development; <br /> ¦ A drastic reduction of the above calculations, such that the <br /> final calculations were reduced by 50%; and <br /> ¦ The City establishment of a Housing Trust Fund Ordinance. <br /> <br />