LAFAYETTE — After years of debate and litigation, the fate of the contentious 315-unit housing plan known as the Terraces of Lafayette may finally be headed for a decision soon.
The Lafayette Planning Commission will hold a hearing on the project at its April 6 meeting, city officials confirmed.
The Terraces has been the subject of 20 public hearings since it was first proposed in March 2011. But a new housing law, Senate Bill 330 by state Sen. Nancy Skinner, D-Oakland, limits the number of public hearings at five for new applications.
The Terraces apartment plan was revived soon after Measure L — a compromise project that called for 44 houses on 22 acres off of Deer Hill and Pleasant Hill roads — was defeated by Lafayette voters in June 2018.
Since a hearing on the housing project has already been held in January, there are only four hearings left until the Planning Commission must make a decision, according to Robert Hodil, the attorney hired by Lafayette on the Terraces project.
Hodil referred to Senate Bill 330’s provisions at the Feb. 24 Lafayette City Council meeting.
Senate Bill 330, dubbed the “Housing Crisis Act of 2019,” is effective for five years beginning Jan. 1, 2020. It bans housing construction moratoriums, forbids density reductions and allows demolition of affordable and rent-controlled housing only if the demolished units are replaced.
The new law blocks local governments from changing the rules on pending developments by hiking fees or changing permit requirements once a project applicant has submitted preliminary development plans.
Bryan Wenter, an attorney for developer O’Brien Land Co., has acknowledged an appeal to the Lafayette City Council is “virtually a certainty.”
Wenter has said any approval of the plan by the Planning Commission couldn’t lead to a referendum because the company is only seeking a use permit for the Terraces.
Wenter also said 20 percent of the Terraces units — 63 in all — would be designated as low-income units.
The Terraces plan has been marked by controversy since the beginning in March 2011. In addition to Measure L, it has also been the subject of a lawsuit and a state court ruling.
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March 06, 2020 at 11:51PM
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Fate of Lafayette’s big housing plan may be determined soon - East Bay Times
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