A Ventura community group has filed a lawsuit against the city of Ventura over its approval of a six-story housing project with some affordable units.
Liveable Ventura filed the lawsuit Sept. 8 in Ventura County Superior Court, alleging that the city’s planning department and City Council violated state laws on housing density and environmental review in approving the downtown project.
The complaint also says the city and its representatives violated the California Coastal Code and left residents without minimal due process, including the right to a fair trial before the Planning Commission and City Council.
The project, developed by Vince Daly of The Daly Group, will build 94 multifamily units, including 13 designated for very low-income residents. The project is located at the northeast corner of Thompson Boulevard and Figueroa Street.
The project also includes seven live-and-work units, 3,181 square feet of ground-floor commercial space and 96 parking spaces in the parking structure.
The Planning Commission approved the project in May, but a resident who opposed the development appealed the decision to the City Council. In August, the City Council rejected the appeal and approved the project by a 4-2 vote, despite opposition from more than 30 speakers at the time. Mayor Joe Schroeder and Councilman Mike Johnson cast the dissenting votes, while Councilwoman Liz Campos withdrew from comments she made before the council review.
According to the council’s report, the project exceeded the maximum permitted height of four storeys because it provided a certain number of affordable units. This allowed the developer to request a size increase under the state bonus density law.
The Density Bonus Act encourages new housing projects to incorporate subsidized affordable units in exchange for more density or relaxation of development standards through concessions and exemptions, according to the lawsuit.
The project “aims to provide 15% (i.e. only 13) of the extremely low-income units that the city has decided to allow for a 50% density increase,” according to the lawsuit.
According to the complaint, the city abused its discretion in finding a density bonus imposed by law by approving the project.
Ventura resident Carol Spector, who opposes the project and has appealed it to the City Council, is a founding member of the community organization Livable Ventura. It appealed the project, saying in August that it obstructed public views of the coast, was inconsistent with the character of the area and did not evaluate traffic safety impacts on evacuation routes.
After the meeting, Spector said she was considering all available options.
She said Monday via email that she could not comment on specific questions about the lawsuit because of the pending legal matter. She did not hear back from the city in response.
Ventura city attorney Andy Heglund said via email Monday that the city has received the lawsuit and is evaluating it. He said the city still believes it approved the project legally and conducted a comprehensive review before approving it.
“The city stands behind the approval of Project 211,” Heglund said.
The City Council will discuss the lawsuit in closed session Monday, according to the agenda report.
A phone message and email to Liveable Ventura attorney Sabrina Venskus were not returned.
The state’s coastal law requires the city to protect against noncompliant development in the coastal zone, a legally designated area along the California coast from Oregon to Mexico that is overseen by the state, according to the lawsuit.
The project, which is located in the coastal area, “will significantly block views of the coast and from the public road” while “the existing buildings in view are mostly 2 to 3 storeys high and do not significantly block views towards the coast”. The suit says.
The project also conflicts with the city’s general plan, and the city has determined the project to be exempt from environmental laws, according to the lawsuit.
The complaint calls on the court to declare the project approval illegal and order the city and developer to halt any construction or development unless legal land use approvals are granted.
In addition, Livable Ventura is asking the city to pay legal fees and “such other and additional relief as the court may deem just and proper.”
Wes Woods II covers Western County for the Ventura County Star. Contact him at wesley.woodsii@vcstar.com, 805-437-0262 or @JournoWes.