616 Croft Ave., LLC v. City of West Hollywood

Plaintiffs Shelah and Jonathan Lehrer-Graiwer and 616 Croft Ave., LLC (collectively Croft), appeal from a superior court order denying their petition for a writ of mandamus to compel the City of West Hollywood (the City) to return fees the City collected when Croft applied for building permits. Croft argues the City’s collection of the fees was invalid (1) facially under the due process clause of the United States Constitution and (2) “as applied” because the City did not bear its burden in proving the fees were “reasonably related” to the deleterious public impact caused by Croft’s development. We disagree and affirm.

BACKGROUND

Croft is the developer of 612-616 North Croft Avenue, an “in-fill” complex of residential rental units in West Hollywood. In 2004, Croft applied to the City for permits to demolish two single-family homes sitting on adjacent lots and construct in their place an 11-unit condominium complex on the combined lots. In reviewing Croft’s permit applications, the City determined Croft’s proposed development fell under the City’s inclusionary housing ordinance (the Ordinance), West Hollywood Municipal Code (WH Mun. Code) section 19.22.010 et seq., which…