Housing Accountability Act Trumps Downzoning
- William Fulton
- Dec 4, 2022
- 4 min read
In the latest twist in the infamous Terraces of Lafayette development project, an appellate court has ruled against a citizen group that sought to shut down the city’s approval of the apartment project under the Housing Accountability Act – a move that took place when the developer asked to revive an old application following approval of a single-family project on the same site.
The SaveLafayette group argued that the revived application, while consistent with the general plan and zoning at the time of its submission in 2011, was inconsistent with the general plan and zoning in 2018 – because the city had in the meantime altered those documents to accommodate a smaller project – and for that reason the city could not approve a project that conflicts with the general plan and zoning.
But the First District Court of Appeal concluded that the Housing Accountability Act prevails in this case. Despite the intervening approval of a smaller project, the court wrote, the developer “got a complete project application on file in 2011, and the HAA requires that such a project be assessed against 2011 general plan and zoning standards.” (The opinion was written by Presiding Justice Alison Tucher.)
The appellate court also ruled against Save Lafayette on a wide variety of issues under the California Environmental Quality Act. The portion of the decision regarding the Housing Accountability Act was published, while the portion regarding CEQA was not.
The Terraces saga gained widespread attention early this year when it was recounted in Conor Dougherty’s book Golden Gates. Over the years, the project’s size has wavered between 44 units and 315 units. Some local residents at one point favored the diminutive version, while housing advocates insisted that the project accommodate as many residents as possible – and famously sued the city, unsuccessfully, to force the larger project. (You can read the whole shaggy-dog story in CP&DR’s previous coverage here.)
The 22-acre parcel of land is located on a hillside near the Pleasant Hill Road interchange on Highway 24 in Lafayette. In 2011, O’Brien Land Company submitted an application to build a 315-unit apartment building. An environmental impact report was completed in 2013 and the planning commission recommended denial of the project.