1 MEMORANDUM TO FILE
DATE: September 13, 2023
FROM: Winnie Cai, Assistant City Attorney
On March 15, 2023, the developers of the Shelby Residential Project located at 7400 Cathedral Oaks (APN 077-530-019) (“Shelby site”) submitted a SB 330 Preliminary Application related to the Shelby Residential Project for 56 single family residences on 60 proposed lots. The application for the Shelby Residential Project was deemed complete on March 11, 2011 and had vested into the ordinances, policies, and standards in effect at the time. The developer chose not to process the project to approval due to the water moratorium imposed by the Goleta Water District in 2014.
Among other responses to Beth Collins, the attorney representing the developers of Shelby, the City stated that there could only be one application for the Shelby site at a time and that if the developers of the Shelby site chooses to proceed with a SB 330 Preliminary Application, the City would close the existing application for the Shelby Residential Project. The matter was submitted to HCD, and HCD opined that a particular site can have only one application for development at a time. The developers of the Shelby site withdrew their SB 330 Preliminary Application. Recently, Ms. Collins had made a settlement offer, in lieu of litigation over the dispute, to resolve this issue.
The City Council will meet in closed session at their regular meeting on September 19, 2023, to discuss this settlement offer and threat of litigation.