Livermore: Both sides react to recent ruling in Eden Housing lawsuit

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Developer Eden Housing and Livermore Mayor Bob Woerner weighed in last week on the recent court ruling that denied a lawsuit against the approved 130-unit affordable housing development planned for downtown Livermore.

“While we at Eden are pleased with the court’s decision, we would vastly have preferred to be proceeding with the construction of this development in 2022,” Eden Housing president Linda Mandolini said in a statement.

“The delays created by this action required Eden to return a $68 million award of Low-Income Housing Tax Credits. Had we been able to retain that award, we would be starting construction later this year. Instead, we will be starting over to apply for this funding,” Mandolini added.

On Feb. 4, Alameda County Superior Court Judge Frank Roesch denied community group Save Livermore Downtown’s petition challenging the city’s approval of the project. The group filed its lawsuit last June, which claimed the project is inconsistent with Livermore’s Downtown Specific Plan and violates California Environmental Quality Act (CEQA) regulations.

In his ruling, Roesch said that the CEQA arguments were “almost utterly without merit” and that the city has supported its position with substantial evidence as it relates to its Downtown Specific Plan.

“I wish to reiterate that when the lawsuit was filed last June, I said it was meritless,” Woerner said in response to the recent ruling.

“In October, my view was bolstered when the court ruled on the motion requiring (Save Livermore Downtown) to post a bond for damages. Now, the court has definitively ruled that indeed their claims were meritless. I firmly believe it would be best for the community if they would stop these extremely divisive and futile delaying tactics and let us move forward,” he added.

The ruling may not be the end of the ongoing battle over the development.

Save Livermore Downtown representative Jean King said the group is “still considering our next steps in light of the court’s ruling.”

“We disagree with the ruling and believe that the City needed to undertake additional environmental review for Eden Housing’s project,” King told Livermore Vine in an email. “We also believe that the court incorrectly ruled that the evidence supported the City’s determination that the project is consistent with the Downtown Specific Plan.”

Although King said the group recognizes affordable housing is needed in Livermore, they stand behind their belief that this project should be placed elsewhere.

“Whether we appeal or not, Save Livermore Downtown is not giving up on fighting for a downtown Livermore that reflects the character of the community. While we know affordable housing is needed in Livermore, there are feasible alternatives to residential development on the Lucky’s site that would support even greater housing opportunities for Livermore residents. Pursuing an expanded project in a different location would enable the creation of a destination park in the heart of downtown,” she said.

The latest ruling came after Roesch ordered Save Livermore Downtown to post a $500,000 bond to Eden Housing last fall for “costs and damages incurred as a result of the affordable housing project’s delay.”

Eden Housing asked the court to impose the bond and on Sept. 27, Roesch ruled in their favor after finding that Save Livermore Downtown’s lawsuit “has the effect of delaying the provision of affordable housing and that the preponderance of the evidence supports the conclusion that the action has been brought for the purpose of delaying the provision of affordable housing.”

Mandolini said the downtown Livermore project is a significant step toward alleviating the ongoing housing crisis.

“Alameda County and the greater Bay Area Region face an affordable housing crisis of epic proportion. Developments like the one correctly approved by the city of Livermore provide permanent affordable housing that helps solve the region’s affordable housing shortage,” Mandolini said.

The new development will consist of homes ranging from one to three bedrooms for low-income families and the local workforce at the southeast corner of the Railroad Avenue and L Street intersection, a site that formerly housed a Lucky store.

The units would be reserved for residents with incomes between 20% and 60% of the Alameda County area median income, which includes individuals earning less than $55,000 a year and less than $78,000 a year for a family of four.

The plan consists of two four-story buildings with units that range in size from 500 to approximately 1,000 square feet. Both buildings would occupy a combined footprint of about 38,000 square feet and will include various amenities like lobbies, recreation rooms and laundry facilities.

About 31,000 square feet of land between and to the southeast of the two buildings would be allocated to Veterans Park, which would be open to the public.

Two private underground parking garages are also a part of the plan, with additional parking reserved for residents of the complex in the nearby L Street public garage.