California Building Industry Ass'n v. City of San Jose

WERDEGAR, J.,

Concurring. — I concur fully in the majority opinion, which I have signed. I write separately to speak to the current status and meaning of the “reasonable relationship” constitutional standard set out in San Remo Hotel v. City and County of San Francisco (2002) 27 Cal.4th 643 [117 Cal.Rptr.2d 269, 41 P.3d 87] (San Remo Hotel), a decision I authored for the court.

As explained in the majority opinion (maj. opn., ante, at pp. 470-471), in San Remo Hotel we addressed the constitutional standard for reviewing legislatively prescribed, formulaic mitigation fees. We first determined…