Well gee, nobody could have predicted this: the developer behind the big, trailer-park-killing mixed-use East Village project, which Santa Monica approved in November and unapproved in December, looks to be preparing to sue. According to the Santa Monica Lookout, developer Marc Luzzatto filed a claim against Santa Monica on Monday, taking the first step to formally filing a lawsuit. Luzzatto alleges that the project unapproval "was illegal, breached the MOU (Memorandum of Understanding) ... and breached the implied covenant of good faith and fair dealing." The development agreement between city and developer was six years in the making--the project was planned to have 377 residential units and retail space.
But in December a new city council rescinded the agreement, citing concerns about the number of affordable units that East Village would provide. Critics say the development should provide at least 49 affordable units, not the 16 in the plan, plus the 10 trailers which were to be allowed to remain on the site. The mayor pro tem told the the Lookout that the agreement included fewer affordable units in exchange for space for those 10 trailers. The now-rescinded agreement also included provisions for the remaining trailer park residents.
Tonight's city council agenda, released several days ago, includes a closed session to "anticipate[d] significant exposure to litigation" relating to the Village Trailer Park, but no other items relating to the project. Way to anticipate, guys.
· Developer to File Lawsuit Over Santa Monica Council Trailer Park Decision [Lookout]
· SaMo Unapproves Trailer Park-Killing East Village Mixed-User [Curbed LA]