TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Talyn Mirzakhanian, Acting Community Development Director
Ted Faturos, Associate Planner
SUBJECT:Title
Consideration of An Application for a Precise Development Plan, Coastal Development Permit, and Tentative Parcel Map for the Development of a 96,217 Square-Foot Multi-Family Residential Building Ranging 37 to 50 Feet in Height and Including 79 Rental Dwelling Units with the Developer Utilizing a Density Bonus Pursuant to State Law, Inclusive of Waivers and Concessions, at 401 Rosecrans Avenue and 3770 Highland Avenue (Acting Community Development Director Mirzakhanian).
(Estimated Time: 3 Hrs.)
AFFIRM THE DECISION OF THE PLANNING COMMISSION AFFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION APPROVING THE PROJECT
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council repeal Resolution No. 22-0124 and affirm the decision of the Planning Commission.
SUMMARY:
On October 18, 2022, the City Council adopted Resolution No. 22-0124 overturning the Planning Commission's decision to affirm the Community Development Director's approval of the Highrose Project, thereby disapproving the Project.
The Applicant filed a lawsuit alleging that the denial resulted in a taking without just compensation and violated the Housing Accountability Act (HAA) and the State Density Bonus Law. The Complaint seeks "in excess of $52 million" and recovery of attorney's fees incurred in connection with the litigation. Three housing advocacy organizations also notified the City of their intent to bring lawsuits challenging the City's denial of the Project if the City Council does not conduct a rehearing.
On November 28, 2022, the California Department of Housing and Community Development (HCD) served a "Notice of Violation" on the City, asserting that the denial violated the HAA and the State Density Bonus La...
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