Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Evidence of Lafayette man wrongfully convicted in 2005 high-profile murder presented to city council

By 5 Comments

Antioch private detective helps compile report, seeks public’s help in pressuring officials

By Robert J. Hansen

Scott Dyleski at age 16 in his Lafayette home. (Courtesy of scottdyleski.org)

In 2005, 16-year-old Scott Dyleski was arrested and subsequently convicted for the murder of Pamela Vitale, the wife of nationally-recognized legal analyst and attorney Daniel Horowitz.

Private detective Ralph Hernandez and another seeker of justice, John Fitzgerald, presented a wealth of information suggesting Dyleski is innocent and was possibly framed for the murder to the Lafayette City Council at its April 10 meeting, urging the council to pressure the Contra Costa District Attorney’s Office to review Scott’s case.

“The actual murderer, or murderers, are still walking around Lafayette,” Fitzgerald said. “One of them was married to the woman that was murdered.”

Of the evidence Fitzgerald shared, the most convincing was the three K-9s who repeatedly led officers to a trailer on the property rather than following the trail that led back to Scott’s house.

“Nobody found out about this because it was never reported,” Fitzgerald said.

In the trailer were pinkish-red water in the sink, clothes soaking with blood on them, and a picture of the victim on them, according to Fitzgerald.

Many key items of potentially exculpatory physical evidence were not properly examined, according to a 2009 forensic report.

“These are items that were likely used by or associated with the offender during and after the commission of the crime. Flawed methodology and subsequent false testimony are beneath best practice, and raise the specter of potential fraud,” the report said.

Hernandez has over 50 years of investigative experience in public safety matters and is considered a national expert on investigating homicides. He began investigating Dyleski in 2011, six years after Dyleski was arrested, prosecuted and convicted of a murder Hernandez believes he did not commit.

“Scott Dyleski did not murder Pamela Vitale in your city, somebody else did,” Hernandez told the council.

Hernandez submitted a request to the Contra Costa DA’s Conviction Integrity Unit to review Scott’s case over four years ago.

After a couple of years and not hearing back from the Contra Costa DA office, Hernandez wrote a formal complaint about the DA to the Contra Costa County Board of Supervisors.

The complaint to the county, Hernandez said, has also gone unanswered.

Lafayette city council has not told Hernandez what they thought about the evidence he showed them, nor if they have any plans on getting involved.

Fitzgerald said his and Hernandez’s comments to the council sparked a community response that has led to several phone calls being made to the Contra Costa DAs office.

Scott Dyleski was sentenced to Life Without Parole in September of 2006 and transferred to San Quentin Prison on his 18th birthday, becoming the youngest inmate in the California prison system at that time.

He has since been moved to Kern Valley State Prison.

Hernandez says the public’s help is going to be needed in pressuring their elected officials to take action.

“As elected officials, they have sworn an oath to make sure the government works for the people, including the District Attorney’s Office,” Hernandez said.

This story is part of a rolling-investigative series.

Robert J Hansen is an investigative journalist with The Davis Vanguard, Newsbreak.com and is published in The Sacramento Observer.

CA Supreme Court allows City of Lafayette’s approval of Terraces apartment project

By Leave a Comment

The planned Terraces of Lafayette apartment project. Source: O’Brien Homes

Denies request to review lower court’s decision, ends litigation, leaving in place earlier rulings that the City acted properly in approving the development

“This decision is a win for housing, but the fact that this project has taken so long is exactly why we have such a catastrophic housing shortage” – Sonja Trauss, President and Founder of YIMBY Law

By Suzanne Iarla, Communications Analyst/Public Information Officer

After more than two years, litigation against the City of Lafayette and developer O’Brien Land Company (O’Brien) regarding the City’s approval of the 315-unit Terraces of Lafayette development project has ended and is in favor of the City and O’Brien.

In 2020, Save Lafayette, a citizens group, sued the City and O’Brien to overturn the City’s approval of the Terraces of Lafayette. In November 2021, the Contra Costa County Superior Court rejected Save Lafayette’s claims and upheld the City’s approval of the Terraces of Lafayette. Save Lafayette appealed the Superior Court’s decision.

In November 2022, the Court of Appeal issued a unanimous opinion holding that the City’s environmental review complied with the California Environmental Quality Act (CEQA) and that the City properly followed the Housing Accountability Act in approving the project. Save Lafayette requested that the California Supreme Court exercise its discretion and review the Court of Appeal’s decision.

On Wednesday, March 15, 2023, the California Supreme Court denied Save Lafayette’s request for review, making the Court of Appeal opinion in favor of the City the final word in the long-running dispute.

“The Courts have once again affirmed that the City complied with the Housing Accountability Act and the California Environmental Quality Act in its environmental review and approval of this 20%-affordable housing project. The litigation is over, and we should now focus on welcoming new residents to our community,” said Lafayette Mayor Carl Anduri.

Now that litigation has ended, O’Brien will be able to proceed with the development of 315 for-rent apartments, including 63 below-market-rate units on a vacant a 22-acre site at the southwest corner of Pleasant Hill and Deer Hill Roads, adjacent to Highway 24 in Lafayette.

Terraces of Lafayette rendering. Source: O’Brien Homes

In response O’Brien Land Company issued the following press release regarding the court decision:

In a landmark victory for housing rights and state housing law, the California Supreme Court denied review of the unanimous California Court of Appeal ruling in favor of the Terraces of Lafayette

As the last step to finally end the litigation over the Terraces of Lafayette apartment community, the Supreme Court of California denied Save Lafayette’s request to review the First District Court of Appeal’s unanimous ruling that upheld the City of Lafayette’s project approvals. In a published opinion, the Court of Appeal rejected in full Save Lafayette’s lawsuit challenging the Terraces of Lafayette, a 315-unit apartment community by O’Brien Land Company. After nearly 10 years of processing and 120 public hearings, the Lafayette City Council had finally approved the project by a 4-1 vote in August 2020.

The Court’s decision can be found here. Project information can be found at https://www.terracesoflafayette.com.
The project site is in an urbanized area adjacent to Highway 24 and located one mile from the Lafayette BART station. With 20%, or 63, of its dwelling units set aside for lower income households, the Terraces is considered an affordable housing project under the Housing Accountability Act (HAA). This will substantially assist Lafayette in meeting its Regional Housing Needs Allocation (RHNA) for the lower income categories assigned to it by long-standing state law.
Despite the project’s robust legal protections under controlling state law, Save Lafayette has actively opposed the project and all development on the project site for years. The anti-development group also opposed a 44 single-family home compromise project the City approved in 2015 after the City and O’Brien contractually paused processing of the apartment project to consider an alternative the group might accept. Save Lafayette responded by filing litigation and a ballot referendum that overturned the smaller project. Once the voters rejected the smaller project, O’Brien and the City resumed processing the apartments.

“Despite the fact that the project, located on a former quarry site, is supported by the Sierra Club and Greenbelt Alliance, and provides critically-needed, affordable housing, it took 12 years to get to this point after finally getting the project approved and through this and other wasteful litigation,” said Dennis O’Brien, President and Founder of O’Brien Land Company. “It’s been disheartening the last few years to have to tell local residents and workers that we weren’t yet able to build the apartments the City approved. People have long been in need of housing like this for themselves, family members, and local workers, and all we could do was add their name to an interest list and ask them to be patient while we saw the project through an incredibly difficult and time-consuming process. We are elated that we can now move forward.”

Although the apartment project included a full environmental impact report, Save Lafayette’s lawsuit claimed the City’s approval violated the California Environmental Quality Act, a law frequently employed by anti-development NIMBY groups to challenge new housing. The lawsuit also claimed the project was not entitled to the protection of the HAA, which protects housing developments from changes in local land use laws after an application is deemed complete by, among other things, substantially curtailing the circumstances under which a housing project may lawfully be disapproved. As the Superior Court did in 2021, the Court of Appeal rejected Save Lafayette’s arguments and agreed that the City complied with the law in approving the project.

Matt Regan, Senior Vice President of Public Policy for the Bay Area Council added his voice in support of the Supreme Court’s decision saying, “When anyone asks why we have a housing affordability crisis in California, I just show them the history of the Terraces in Lafayette. This is a site where the City said they wanted housing, a developer offered a proposal that met their requirements, and here we are 12 years later after multiple plan changes, referendums, lawsuits, delay after delay after delay, needless costs piled on top of needless costs, and still no homes,” he added.

“The team at O’Brien Homes should be given every credit for refusing to be bullied and sticking with this project.”

The Court of Appeal recognized the HAA’s statutory mandate to interpret and implement the HAA to “afford the fullest possible weight to the interest of, and the approval and provision of, housing” and accordingly held that the trial court “rightly refused to disturb the City’s approval of the project.”

About the decision, Sonja Trauss, President and Founder of YIMBY Law, stated, “This decision is a win for housing, but the fact that this project has taken so long is exactly why we have such a catastrophic housing shortage. The people involved with Save Lafayette should be ashamed of themselves. They have denied housing for more than 700 middle income people for the last 10 years while they fought this project. Imagine if Save Lafayette had spent their time and money actually helping people.”

Allen D. Payton contributed to this report.

 

 

New Lafayette Postmaster installed at special ceremony

By Leave a Comment

Postmaster General Louis DeJoy also installs 31 other Postmasters in California

New Lafayette Postmaster Linda Shelton was sworn in on Oct. 24, 2022. Photo: USPS

LAFAYETTE, CA — Linda Shelton raised her right hand and took the official Oath of Office as the Postmaster of the Lafayette, CA Post Office on Monday, October 24, 2022, in a special ceremony. Postmaster General Louis DeJoy administered the Oath to Shelton alongside 31 other Postmasters throughout California.

Shelton, a proud 36 -year postal employee is passionate about building lasting relationships not only with her team but the community she serves.

“I am honored to have the opportunity to continue to build that comradery and pass along my hard work and dedication to the Postal Service as the Postmaster for the city of Lafayette,” said Shelton.

As outlined in the USPS Delivering for America plan, the postal service is committed to modernizing and continually adapting to the evolving needs of all customers. As the Postmaster of the Lafayette Post Office Shelton is prepared to serve his community with that development in mind.

The History of the Postmaster Position

The title, “Postmaster” carries with it both a Noble Heritage and a Vital Responsibility.

Originally, the word Postmaster was referred as the one who provided post horses.  According to the Oxford Dictionary, postmaster means “master of the posts, the officer who has charge or direction of the posts.”

William Penn established Pennsylvania’s first post office in 1683. However, the real beginnings of a postal system in the colonies dates from 1692 when Thomas Neale received a 21-year grant from the British Crown authorizing him to set up post roads in North America.

In 1707, the British Government bought the rights to the North American postal service, and, in 1710, consolidated the postal service into one establishment.  The principal offices of the new British Postal Service were in London, England; Edinburgh Scotland; Dublin, Ireland, and New York.

In 1737, Benjamin Franklin was appointed Postmaster at Philadelphia.  He laid out new post roads, helped expand mail service from Canada to New York and instituted overnight delivery between Philadelphia and New York City, a distance of 90 miles. In 1774, Franklin was dismissed from office because of his efforts on behalf of the patriots.

When the Continental Congress met in May 1775, they named Franklin as postmaster general for the 13 American colonies.

From 1775 until the early 1800s, Postmasters were appointed by the postmaster general.  In 1836, postmasters were appointed by the president, but this of course changed whenever a new party was elected.  It was not until August 1970, with the signing of the Postal Reorganization Act, which took effect in July 1971, that the patronage system was finally removed from the postal service once and for all.  Postmasters began being appointed on merit alone. The act also permitted upward mobility for line employees, allowing them to be promoted to the position of Postmaster.

Along the way, there have been several famous individuals, who have served as postmasters. In 1833, Abraham Lincoln was appointed postmaster of New Salem, IL.

Other notable individuals who served as postmaster included abolitionist John Brown, businessman Conrad Hilton, novelist William Faulkner, and humorist Bill Nye.

The Postal Service generally receives no tax dollars for operating expenses and relies on the sale of postage, products and services to fund its operations.

 

Contra Costa Sheriff identifies victim in Wednesday homicide as young Lafayette man

By Leave a Comment

March 24, 2022 – The victim in Wednesday’s shooting death in an unincorporated area between Pleasant Hill and Lafayette has been identified as 20-year-old Basel Jilani of Lafayette. (See related article)

The investigation is ongoing. Anyone with information on this incident is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Contra Costa Sheriff’s Office investigates shooting death in area between Pleasant Hill and Lafayette

By 3 Comments

By Jimmy Lee, Director of Public Affairs, Contra Costa County

At about 1:06 PM, Wednesday, March 23, 2022, Muir Station Deputy Sheriffs were dispatched to a report of a shooting in the unincorporated area of Taylor Blvd. and Gloria Terrace between Pleasant Hill and Lafayette.

Deputies arrived on scene to find bystanders providing lifesaving measures to a person on the ground near a vehicle. The victim, who appeared to have been shot, was pronounced deceased at the scene. He is not being identified at this time.

The investigation by Sheriff’s Office Homicide Detectives and the crime lab is ongoing. The suspect is outstanding at this time.

Anyone with information on this incident is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Rep. DeSaulnier announces re-election campaign for California’s new 10th Congressional District

By Leave a Comment

The newly drawn California 10th Congressional District. Source: wedrawthelinesca.org.  Rep. Mark DeSaulnier. Official photo.

Pledges to continue work in Congress for Contra Costa; lists his endorsements

CONTRA COSTA, CA – The DeSaulnier for Congress Campaign announced the launch of the congressman’s re-election effort for California’s newly drawn 10th Congressional district, as approved by the California Citizens’ Redistricting Commission (CCRC) on Monday, Dec. 20th. Mark DeSaulnier has represented Concord and Contra Costa County in Congress since 2015 and vows to continue to work hard for his constituents, fighting for working families.

Th 10th District encompasses most of Contra Costa County, including Lamorinda, the San Ramon Valley, Concord, Clayton, Clyde, Pacheco, Pleasant Hill, Walnut Creek, and portions of Martinez in Central County, and in East County, Brentwood, Oakley, Bethel Island, Knightsen and portions of Antioch, plus portions of Dublin in Alameda County.

“Throughout my time in Congress, my guiding principle has always been this: I work for you,” said Congressman DeSaulnier. “It’s been my honor to represent this area for nearly three decades, on the Contra Costa County Board of Supervisors, in the California State Legislature, and for the past six years as a Member of Congress. My priority has always been serving the people of Contra Costa and making our voices heard during the tough fights, when it matters most.”

DeSaulnier lives in Concord where he raised his two sons, Tristan and Tucker, and opened and operated a small business, TR’s restaurant.

He’s also spent three decades as a public servant: representing his community on the Concord City Council, as Mayor of Concord, as a three-term Contra Costa County Supervisor, in the California State Legislature, and currently as a Member of Congress.

As Supervisor, he served on the California Air Resources Board, the Association of Bay Area Governments, the Bay Area Air Quality Management District, and the Metropolitan Transportation Commission. He was elected to the State Assembly in 2006 where he served one term and received the distinction of being the first freshman in history to chair the Assembly Transportation Committee. DeSaulnier was elected to two terms in the California State Senate in 2008 and 2012 where he served as Chair of the California State Senate Transportation and Housing Committee. During his time in Congress, DeSaulnier has been honored to represent California’s 11th Congressional District including Richmond, El Cerrito, Kensington, and Pittsburg, now in the new 8th District, and looks forward to continuing to serve them in 2022.

Congressman DeSaulnier is running for re-election to fight against the reckless Republican agenda and move our nation forward by:

  • Ensuring every American has access to quality, affordable health insurance and care;
  • Confronting racial injustice;
  • Creating national common sense gun violence reforms;
  • Helping America’s students receive a quality education without being shackled by debt;
  • Protecting Medicare and Social Security;
  • Safeguarding the environment;
  • Overseeing the largest investment in our nation’s infrastructure in modern history, and
  • Ensuring government is accountable to the public.

The campaign is proud to announce the following endorsements:

  • Alex Padilla, United States Senator for California
  • Karen Bass, United States Representative (CA)
  • Jared Huffman, United States Representative (CA)
  • Barbara Lee, United States Representative (CA)
  • Doris Matsui, United States Representative (CA)
  • Eric Swalwell, United States Representative (CA)
  • Mike Thompson, United States Representative (CA)
  • George Miller, Former United States Representative (CA)
  • Rosa DeLauro, United States Representative (CT)
  • Betty T. Yee, California State Controller
  • Ricardo Lara, California Insurance Commissioner
  • Rob Bonta, Attorney General of California
  • Tony Thurmond, California State Superintendent of Public Instruction
  • Tom Torlakson, Former California State Superintendent of Public Instruction
  • Steve Glazer, California State Senator
  • Rebecca Bauer-Kahan, California State Assemblymember
  • Tim Grayson, California State Assemblymember
  • Diane Burgis, Supervisor, Contra Costa County
  • Federal Glover, Supervisor, Contra Costa County
  • John Gioia, Supervisor, Contra Costa County
  • Karen Mitchoff, Supervisor, Contra Costa County
  • Diana Becton, District Attorney, Contra Costa County
  • Lynn Mackey, Superintendent of Schools, Contra Costa County
  • Holly Tillman, Vice Mayor, City of Clayton
  • Julie Pierce, Former Mayor, City of Clayton
  • Dominic Aliano, Mayor, City of Concord
  • Carlyn Obringer, Council Member, City of Concord
  • Edi E. Birsan, Council Member, City of Concord
  • Tim McGallian, Council Member, City of Concord
  • Newell Arnerich, Mayor, Town of Danville
  • Teresa Gerringer, Mayor, City of Lafayette
  • Susan Candell, Council Member, City of Lafayette
  • Cameron Burks, Former Council Member, City of Lafayette
  • Rob Shroder, Mayor of the City of Martinez
  • Lara DeLaney, Council Member, City of Martinez
  • Mark Ross, Council Member, City of Martinez
  • Dennis Fay, Mayor, City of Orinda
  • Amy R. Worth, Council Member, City of Orinda
  • Inga Miller, Council Member, City of Orinda
  • Kevin Wilk, Council Member, City of Walnut Creek
  • Cindy Darling, Council Member, City of Walnut Creek
  • Michael Harris, Mayor, City of Pleasant Hill
  • Sue Noack, Council Member, City of Pleasant Hill
  • Matthew Rinn, Council Member, City of Pleasant Hill
  • Ken Carlson, Councilmember, City of Pleasant Hill
  • Merl Craft, Council Member, City of Pittsburg
  • Tom Butt, Mayor, City of Richmond
  • Gabriel Quinto, Mayor, City of El Cerrito
  • Lisa Motoyama, Mayor Pro Tem, City of El Cerrito
  • Janet Abelson, Council Member, City of El Cerrito
  • Paul Fadelli, Council Member, City of El Cerrito
  • Rita Xavier, Mayor, City of San Pablo
  • Abel Pineda, Council Member, City of San Pablo
  • Linda Mayo, Trustee, Mt. Diablo Unified School District
  • Mae Torlakson, Vice Chair, Ambrose Recreation and Park District in Bay Point
  • Judy Walters, Ph.D., President, Contra Costa Community College District Governing Board
  • Fernando Sandoval, Vice President, Contra Costa Community College District Governing Board
  • Rebecca Barrett, Board Trustee, Contra Costa Community College District Governing Board
  • Andy Li, Board Trustee, Contra Costa Community College District Governing Board
  • John E. Marquez, Board Trustee, Contra Costa Community College District Governing Board

 

So, you want to run for office? Contra Costa Elections to hold Candidate Workshops in Jan. and Feb.

By Leave a Comment

Have you ever considered running for office? Then consider checking out one of Contra Costa Elections Division’s Candidate Workshops.

This engaging workshop is designed to remove the mystery from running for office. Experts will cover what’s involved in running for office, including how to file and appear on the ballot, campaign finance disclosure requirements, strategies for spreading your message (including social media), and what happens when you’re in the public eye.

The first of three workshops will be held on January 18th at the Lafayette Library from 6 pm until 9 pm. Please reserve a free ticket here:  https://www.eventbrite.com/e/221010988817

The second of three workshops will be held on January 29th at the Richmond Civic Auditorium from 9 am until 12 pm. Please reserve a free ticket here:  https://www.eventbrite.com/e/219543840537

The last of three workshops will be held on February 2nd at the Antioch Community Center at Prewett Park from 6 pm until 9 pm. Please reserve a free ticket here:  https://www.eventbrite.com/e/221022543377

If you have any questions, please contact Karen Tedford at 925-335-7863 or by email at ktedford@cr.cccounty.us.

 

Contra Costa DA charges woman who struck and killed Lafayette crossing guard in September

By Leave a Comment

The Contra Costa County Office of the District Attorney has filed charges against Phyllis Meehan pursuant to Vehicle Code Section 192(c)(1) in the death of Stanley Middle School crossing guard, Ashley Steven Dias, age 45.

“This tragic incident has impacted an entire community,” said District Attorney Diana Becton. “The loss of Ashley Dias is a solemn reminder that drivers must exercise caution and care when children and pedestrians are present.”

September 8, 2021, Phyllis Meehan, 78 years old, was picking up her grandson from the Lafayette Middle School when she collided with a vehicle and proceeded to accelerate into a crosswalk. Witnesses observed Mr. Dias pushed a student out of the path of the GMC Yukon before the crossing guard was fatally struck by the driver. The student suffered significant scrapes and bruises. Mr. Dias succumbed to his injuries later that afternoon.

According to the Lafayette Police Department, “At 3:00pm today (9/8/21) on School Street at Paradise Court a vehicle struck one adult and one child, the child had minor injuries and the adult was transported to the hospital.”

ABC7 News reported the child will survive, and that the driver remained at the scene and cooperated with police.

An arraignment date has yet to be scheduled. The copy of the complaint and charges can be viewed, here:

Case information: Docket Number 01-197752-9

Allen Payton contributed to this report.

Contra Costa DA files charges of misdemeanor Vehicular Manslaughter for death of Lafayette cyclist

By Leave a Comment

Joe Shami with his bicycle at the Mt. Diablo summit. Source: MountDiabloCyclists.org

Victim was known as the “Legend of Mount Diablo” for his 600 rides to the top of the peak

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

The Contra Costa District Attorney’s Office has charged Lori Everett with a misdemeanor Vehicular Manslaughter in violation of Penal Code section 192(c)(2), for striking cyclist Joseph Shami with her vehicle in Lafayette on April 13, 2021, shortly before 7:00 AM.

Shami was an incredibly experienced cyclist who lawfully entered the roundabout at the interchange of Olympic Boulevard and Pleasant Hill Road. Despite Shami’s bright helmet and colorful clothing, the motorist failed to yield, and struck the victim cyclist who was in an established lane of travel.

According to Lafayette Police news release reported previously, “a nurse and a doctor from John Muir Medical Center and a firefighter from the San Ramon Valley Fire Protection District, who happened to pass by, immediately began to render aid to the bicyclist. Officers arrived on scene along with the fire department which took over medical care for the victim. The bicyclist was transported to a local hospital where he succumbed to his injuries and died overnight.” (See related article)

Shami, a retired AT&T engineer, was known as the “Legend of Mount Diablo” for riding to the top of the East Bay’s tallest peak for 600 straight weeks, according to the San Francisco Chronicle. He completed his 11-year, 28-week streak in 2019 at the age of 85. Shami was a member of the Mount Diablo Cyclists.

Tragic roadway deaths like this are avoidable. To ensure the safety of our community, the Office of the District Attorney implores motorists to be active, attentive drivers and to be mindful of pedestrians and cyclists when sharing the roadways.

Case information: DKT# 01-197626-5

 

Superior Court upholds City of Lafayette’s approval of 315-unit Terraces apartment project

By 1 Comment

The planned Terraces of Lafayette apartment project that will overlook Highway 24. Source: O’Brien Land Company

By Suzanne Iarla, Communications Analyst, City of Lafayette

Terraces of Lafayette rendering. Source: O’Brien Land Company

On Friday, November 12, 2021, the Contra Costa Superior Court upheld the City of Lafayette’s approval of the Terraces of Lafayette project of the O’Brien Land Company. The project would build 315 apartments, including 63 affordable housing units, on a 22-acre parcel at the southwest corner of Deer Hill Road and Pleasant Hill Road. In its ruling, the Court rejected claims by Save Lafayette, a citizens group, and found that the City’s environmental review complied with the California Environmental Quality Act (CEQA) and that the Terraces project was consistent with the City’s General Plan.

The Terraces project has been in process for over ten years — the developer’s application dates back to March 2011.  Since then, the City has worked to address community and regional concerns, including by considering a proposed alternative 44 single-family home project with a community park. The City approved the alternative project in 2015. Save Lafayette initiated the referendum process to overturn that approval in 2018.

After the alternative project was rejected by the voters, the City resumed processing the original Terraces project application. In compliance with the strict requirements of State law, including the Housing Accountability Act, the City approved the Terraces project in August 2020.

Save Lafayette sued in September 2020 to overturn the approval, in an effort to stop the Terraces project on environmental and General Plan consistency issues.  After over a year of litigation, the Superior Court rejected Save Lafayette’s claims and affirmed that the City’s CEQA review and approval of the Project complied with the law. The Court’s ruling will become final unless Save Lafayette appeals within 60 days following the notice of entry of judgment.

Terraces of Lafayette Site Plan updated 2-11-20. Source: O’Brien Land Company.

Developer Calls Court Decision “Major Victory”

The developer issued their own press release announcing last Friday court’s decision:

In a major victory for housing rights, the Contra Costa Superior Court on Friday, Nov. 12 issued a ruling rejecting in full Save Lafayette’s lawsuit challenging the Terraces of Lafayette, a 315-unit apartment community by O’Brien Land Company.  After nearly 10 years of processing and 120 public hearings, the Lafayette City Council approved the project by a 4-1 vote in August 2020.

“We have had many local people reach out to us to ask when they can rent an apartment at the Terraces,” said Dennis O’Brien of O’Brien Land Company. “The need for this type of housing is apparent, and we look forward to no further delays so we can provide homes for those individuals and families.”

Terraces of Lafayette vicinity map. Source: O’Brien Land Company.

The project site is adjacent to Highway 24 and located one mile from the Lafayette BART station.  The Terraces is considered an affordable housing project under state housing law and will set aside 20%, or 63, of its dwelling units for lower income households.  This will substantially assist Lafayette in meeting its Regional Housing Needs Allocation (RHNA) for the lower income categories assigned to it by long-standing state law.

Despite the project’s robust legal protections under controlling state law, Save Lafayette has been opposing the project for years. The anti-development group also opposed a 44 single-family home compromise project by filing litigation and a ballot referendum that overturned the smaller project.  Once the voters rejected the smaller project, O’Brien and the City of Lafayette resumed processing the apartments.

Terraces of Lafayette clubhouse and pool area rendering.  Source: O’Brien Land Company.

Although the affordable housing development included a full Environmental Impact Report, Save Lafayette’s lawsuit claimed the City’s approval of the project violated the California Environmental Quality Act, a law frequently employed by anti-development groups to challenge new housing.  The lawsuit also claimed the project was not entitled to the protection of the Housing Accountability Act, which shields housing developments from changes in local land use laws after an application is deemed complete.  The Superior Court rejected Save Lafayette’s arguments and agreed that the City complied with the law.

“When people ask why we have a housing crisis in California, they should look no further than this project for answers,” Bay Area Council Senior Vice President Matt Regan emphasized. “Over 10 years of foot dragging, goalpost moving, ballot measures and lawsuits, finally the construction of these much- needed homes can now begin.  This saga highlights the need for more reforms to state law so that good housing projects no longer have to run this sort of gauntlet and can be approved swiftly and fairly.”

For more information on the project, visit www.lovelafayette.org/Terraces.

Allen Payton contributed to this report.