East Bay Times

City Council mulls appeal of apartment site approval

- By Jon Kawamoto jkawamoto@ bayareanew­sgroup.com

It’s official: The fate of Lafayette’s proposed controvers­ial 315-apartment complex will be decided by the City Council.

At Monday night’s council meeting, council member Cameron Burks called for the group to consider an appeal of the July 1 Planning Commission approval “out of full transparen­cy, under city authority and as a sitting council member.”

City Manager Niroop Kasthuri Srivatsa said the council probably would review the apartment project in early August.

“I believe that this project and decision is of such profound importance to the city and people of Lafayette that it should be heard by the full, elected City Council,” Burks said.

The Lafayette Planning Commission approved the Terraces of Lafayette project July 1, but with misgivings by some commission­ers who said they were concerned about possible traffic congestion and potential problems with emergency evacuation­s in the area of the 22-acre site at Pleasant Hill and Deer Hill roads.

However, commission­ers said they couldn’t deny the project according to the guidelines laid out in the state’s Housing Accountabi­lity Act, which takes away much of the local decision-making powers by cities in affordable housing projects. The Terraces project has set aside 20% of its 315 apartments — 63 in total — for affordable housing, according to Bryan Wenter, attorney for developer O’Brien Homes.

A Lafayette city staff report cited the state’s Housing Accountabi­lity Act and urged approval of the Terraces. The staff report said that it is “very difficult and fraught with risk for local municipali­ties to exercise their typical, discretion­ary land use authority to deny such projects.”

In addition, under the new state housing laws, Lafayette could be liable for at least $15.75 million in expected legal costs if it denied the project and lost in court, according to Wenter.

 ?? FILE PHOTO ?? The Lafayette City Council will decide the fate of the 22acre site set aside for the proposed Terraces of Lafayette.
FILE PHOTO The Lafayette City Council will decide the fate of the 22acre site set aside for the proposed Terraces of Lafayette.

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