'Cottages' Fate Still Up in the Air
Affordable Housing and Replacement Housing:
A Legal and Ethical Imperative
Opinion | December 16, 2023Picture this: quaint homes that have seen better days, pegged for a makeover or, in some cases, a complete do-over. The catch? When you knock down affordable units, the City's rules say you've got to replace them. It's like saying, "Hey, you can't take away the community's old, comfy sneakers without giving them a new pair."
Ojai's housing policies mandate that developers adhere to stringent Affordable and replacement housing requirements. These regulations are not merely guidelines but are grounded in legal statutes aimed at preserving the socio-economic fabric of the community. In alignment with California's housing laws, the City's code stipulates that if affordable housing units are demolished or converted, equivalent replacement units must be provided. This ensures a balance between development and maintaining affordable housing stock, which is critical in a state grappling with a housing affordability crisis.
Public Participation: Diverse Voices in Urban Development
Meetings about the Cottages and Mallory projects have seen a flurry of citizens, each with their own take on the developments. Some are worried about the charm of their town, while others are all about keeping those affordable homes in the mix. It's a jumble of concerns, hopes, and the occasional conspiracy theory — all part of the democratic rollercoaster.
Public involvement in these projects is a crucial aspect of the planning process. This engagement is pivotal as it allows for diverse perspectives, from environmental impact to socio-economic implications, to be considered in the decision-making process.
Legal Challenges: Ensuring Compliance with Regulations
The heart of these legal battles? Whether the City and developers are playing by the rules – the housing rules, the environmental rules, and, let's not forget, the rules of common decency. It's a tug-of-war, with courtrooms as the battleground and every decision setting a precedent for Ojai's growth and evolution.
The legal challenges surrounding these developments are grounded in ensuring compliance with local and state regulations. This includes adherence to the California Environmental Quality Act (CEQA), which requires environmental impact assessments for significant projects, and housing laws that govern the provision of affordable units. These legal disputes serve as a check and balance system, ensuring that development projects align with City plans and broader state mandates for environmental protection and housing equity.
LETTER FROM A TENANT TO OJAI CITY COUNCIL
Timelines of the Projects
Cottages Among the Flowers:
8 Homes
November 27, 2007: The City Council approved a project to renovate eight existing homes and add two new ones at Cottages Among the Flowers, making a total of ten homes. These homes weren't set aside as affordable housing.
December 8, 2009: The official map for this housing tract was recorded with Ventura County.
May 4, 2011: The project received an extension.
August 17, 2016: The Planning Commission made changes to the project and approved a revised version.
October 4, 2017: The Planning Commission gave a retroactive one-year extension to the revised project.
April 3, 2019: Another retroactive one-year extension was granted.
April 9, 2019: The City Council reviewed this extension. They were concerned whether the project needed to replace affordable housing units it might be removing.
April 23, 2019: The Council delayed their decision to May 14, 2019.
May 14, 2019: The Council formed a special committee to work out a deal with the developer about including affordable homes in the project.
September 27, 2022: The Council thought about not extending the project's approval. They postponed the decision to allow more time for negotiations.
‘COTTAGES’ FATE STILL UP IN THE AIR
Mallory Way Bungalows:
25 Homes
June 26, 2012: The City Council approved the Mallory Way Bungalows project. The original approval was set to expire on June 26, 2015. The plan was to renovate seven of the twenty-five existing homes, demolish eighteen, and build twenty-three new ones, totaling thirty homes. Seven of these homes were to be affordable.
2014 and onwards: Due to the recession's impact on developers, the state passed laws to extend project deadlines. One of these laws extended Mallory Way Bungalows' deadline to June 26, 2017.
May 15, 2017: The developer asked the City Council for a three-year retroactive extension, expiring on June 26, 2020.
April 9, 2019: The City Council needed to determine if they should require replacement housing for affordable units that might be lost. They asked staff to look into it.
April 23, 2019: The Council delayed their decision to May 14, 2019.
May 14, 2019: The Council formed a committee to negotiate with the developer about adding affordable homes to the project.
June 1, 2022: The Planning Commission gave a thumbs-up to the development agreement.
Same Day (July 12, 2022): After many public comments, especially about affordable housing, the Council decided to wait to finalize things. They asked the special committee and staff to keep talking with the developer.
August 17, 2022: The developer backed out of the four-site plan and wanted a quick decision on extending the Cottages Among the Flowers project. They also said they wouldn't follow the City's rules about replacing affordable housing they were knocking down.
September 27, 2022: The City Council considered not renewing the Cottages Among the Flowers permit. The developer asked for 30 more days to negotiate, which the Council agreed to by a narrow vote.
Negotiations Intensify:
October 4, 2022: A meeting between the committee, City staff, the developer, and lawyers led to the developer agreeing to add two affordable units at Cottages Among the Flowers and to improve their plan for helping current tenants move.
October 7, 2022: They met again to strengthen the relocation and assistance plan.
October 18, 2022: The City Council agreed to start the process of approving the development agreement but wanted an expert tree consultant involved.
October 25, 2022: The Council approved this agreement with the added tree consultant requirement.
Citizens Push Back:
October 28, 2022: A petition against the Council's decision (Ordinance No. 934) was submitted.
November 14 & 15, 2022: The City published details about the petition and allowed signature gathering to begin.
December 12, 2022: With enough signatures, the petition was submitted to the City Clerk.
Referendum and Withdrawal:
January 24, 2023: With enough valid signatures, the Council decided to put the ordinance to a city-wide vote.
August 11, 2023: The developer's lawyer sent a letter pulling out of the development agreement and asked to talk about time extensions for the Cottages and Mallory projects.
Rescinding and Litigation:
October 10, 2023: The City Council, after hearing from the public, voted to cancel the approval of the development agreement.
November 21, 2023: The City Attorney offered dates for a hearing on the time extension applications.
November 22, 2023: The developer sued the City, demanding a hearing on their applications.
December 1, 2023: The developer and City agreed to have a public hearing on December 18, 2023.
*City staff, a special committee, and the developer collaborated on a plan for 67 housing units spread across four locations in Ojai. These locations included a mix of market rate and affordable homes. This was an attempt to bring the project into alignment with Ojai’s Housing Element. Problem is, no one from the ad hoc committee, Council, or City ever asked the Developer to prove the reported numbers for tenants.
A City's Heart: Beyond Buildings and Developments
Through all this, remember: at the heart of these projects are real people who call these cottages home; our friends and neighbors. As Ojai navigates this complex development path, the hope is that it will keep sight of these vulnerable households. After all, a city is more than its buildings; it's the people who breathe life into its streets.
The developments of the Cottages and Mallory Way Bungalows in Ojai are a microcosm of the challenges faced in urban development. Balancing legal obligations, ethical considerations, and public input is not just about constructing buildings; it's about building a community that honors its past, meets current needs, and looks forward to a sustainable, inclusive future.
I encourage everyone to come to the December 18 (Monday) Special Meeting.