Local Group Ordered to Pay $500K Bond for Delaying Affordable Housing Project

What starts as a familiar story about a local group wielding the California Environmental Quality Act to delay an affordable housing project includes a surprise twist: another state law requires the group to cover some of the cost of the delay.

2 minute read

November 11, 2021, 12:00 PM PST

By James Brasuell @CasualBrasuell


A rendering of a proposed affordable housing project in Livermore, California

The Downtown Livermore Apartments would be built on the former location of a Lucky grocery store, currently in use as a parking lot. | Eden Housing

Joseph Geha reports that a local organization in Livermore, California has been forced to pay a $500,000 bond to cover the costs of delaying an affordable housing project proposed for the city's downtown.

"Save Livermore Downtown, sued Livermore in June over the City Council’s decision in May to approve a 130-unit affordable apartment complex at the corner of Railroad Avenue and South L Street, alleging the project is 'inconsistent' with elements of Livermore’s downtown plan, and that the city needs to do further environmental analysis regarding contamination on the site," writes Geha.

With the lawsuit still pending, the nonprofit developer behind the project, Eden Housing, was able to get the court to force Save Livermore Downtown "to post a $500,000 bond to help offset the 'costs and damages' it is facing while the lawsuit proceeds," by citing a California state law.

Some of the funding to make this project work is time sensitive, so the delay compelled by Save Livermore Downtown's lawsuit could doom the project, as Geha explains in more detail in the source article.

For more details on the proposed, development see a separate article by Cierra Bailey, which provides this summary:

The plan consists of two four-story buildings with units that range in size from 500 to approximately 1,000 square feet. Both buildings would occupy a combined footprint of about 38,000 square feet and will include various amenities like lobbies, recreation rooms and laundry facilities. About 31,000 square feet of land between and to the southeast of the two buildings would be allocated to Veterans Park, which would be open to the public.

Moreover, writes Bailey:

The units would be reserved for residents with incomes between 20% and 60% of the Alameda County area median income, which includes individuals earning less than $55,000 a year and less than $78,000 a year for a family of four.

Yet another article by Cierra Bailey provides more detail about the substance of the Save Livermore Downtown lawsuit, while also citing local experts who dispute claims of contaminated soil central to the lawsuit. The delay and the lawsuit have the support of the Sierra Club's Tri-Valley chapter, according to Bailey.

Sunday, November 7, 2021 in The Mercury News

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

Streetcar and bus stopped at station on Market Street in San Francisco with Ferry Building visible in background.

Waymo Gets Permission to Map SF’s Market Street

If allowed to operate on the traffic-restricted street, Waymo’s autonomous taxis would have a leg up over ride-hailing competitors — and counter the city’s efforts to grow bike and pedestrian on the thoroughfare.

1 hour ago - San Francisco Examiner

Parklet with wooden benches and flower boxes on street in Ireland.

Parklet Symposium Highlights the Success of Shared Spaces

Parklets got a boost during the Covid-19 pandemic, when the concept was translated to outdoor dining programs that offered restaurants a lifeline during the shutdown.

2 hours ago - Streetsblog San Francisco

Bronze statue of homeless man (Jesus) with head down and arm outstretched in front of St. Matthew Cathedral in Washington D.C.

Federal Homelessness Agency Places Entire Staff on Leave

The U.S. Interagency Council on Homelessness is the only federal agency dedicated to preventing and ending homelessness.

3 hours ago - The New York Times