Move Eden Housing v. City of Livermore

BACKGROUND

The present appeal involves a proposed residential development and new public park in downtown Livermore (the Project), at the location of a former supermarket, in an area bounded by Railroad Avenue, Livermore Avenue, First Street, and L Street (the Property). (See Save Livermore Downtown v. City of Livermore (2022) 87 Cal.App.5th 1116, 1122 (Save Livermore Downtown) [describing the Project in a proceeding challenging the City’s compliance with environmental and zoning laws].)

1 In a portion of the opinion not certified for publication, we conclude

the City did not act legislatively in approving loan terms and an indemnity provision relating to hazardous waste.

2 In 2008, the City’s former Redevelopment Agency acquired the Property using the City’s inclusionary housing funds, and, in 2009, a portion of the purchase price was refinanced using “Residential Development Loan Program” funds from the State of California. The funds were awarded to the City for “site acquisition and pre-development expenses” in the City’s downtown. The City loaned the funds to the former Redevelopment Agency, and a deed restriction was recorded requiring any development of the Property to…