City Council — 2023-12-18December 18, 2023

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BodyCity Council
MeetingRegular Meeting
Date📅 December 18, 2023

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Meeting Summary

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Present: Stix, Francina, Rule, Lang, Whitman

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At a glance

Development Project Settlement and Permit Extension

  • Staff presented a tentative settlement agreement covering four sites including historic preservation and construction of 63 new units.
  • Urgency was cited due to state law changes effective January 1st that would otherwise permit increased density and demolition.
  • Public comments raised concerns regarding short notice, environmental impacts, and definitions of affordable housing income levels.
  • The motion to approve the settlement agreement and retroactive time extension resolution passed with stipulations.

Full summary

Item 1: Consideration of a retroactive time extension for design review permit and settlement agreement for development projects (312 West Aliso Street, 412 Mallory Way, 304 South Montgomery Street, 510 East Ojai Avenue)

    Discussion

    • The City Council met in closed session to discuss district litigation and existing litigation related to development projects at the specified addresses. Staff reported that a tentative settlement agreement had been reached. The City Attorney presented the terms of the agreement, which covers four sites: Cottages Among the Flowers, Mallory Way Bungalows, Montgomery Street, and 510 East Ojai. Key provisions included the preservation and rehabilitation of 25 existing bungalows at Mallory Way (with an application for landmark status), the construction of 63 new units (31 deed-restricted affordable and 42 market-rate), tenant protections regarding displacement and rent stabilization, and the conveyance of an adjacent right-of-way. Staff and Special Housing Counsel noted that the agreement would meet the City’s Regional Housing Needs Allocation (RHNA). Urgency was cited due to state law changes effective January 1st that would otherwise permit increased density, height, and demolition of historic structures.
    • Public comment was received from numerous residents. Concerns were raised regarding the short notice provided for the public to review the agreement, potential environmental impacts including wildlife corridors and tree preservation, the definition and income levels of "affordable" housing, and the request for historic landmark status for the Cottages project, which was not included in the initial settlement. Some speakers requested a delay in voting to allow for further review, while others expressed support for the tenant protections and preservation of the Mallory Way bungalows. Council members discussed the legal constraints imposed by state housing laws, the risks associated with litigation, and the nature of the compromise reached.

    Motion

    • A motion was made to approve the settlement agreement and the resolution approving the retroactive time extension for the Cottages Among the Flowers project. The resolution approval was stipulated to be subject to the execution of the settlement agreement.

    Second

    • The motion was seconded.

    Vote Outcome

    • The motion passed.