Home Courts State High Court Removes Last Barrier To Construction Of Lafayette Terraces Project

State High Court Removes Last Barrier To Construction Of Lafayette Terraces Project


From the City of Lafayette:

California Supreme Court decision ends the litigation, leaving in place earlier court rulings that the City acted properly in approving the project.

LAFAYETTE, CA: 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. For more information, go to the City’s website at https://www.lovelafayette.org/terraces.


  1. I think Lafayette will be changing. I understand the “not in my backyard” type attitude, but unfortunately it’s against a tide of things to come. Remember the government has now stopped any kind of restrictions against single family areas remaining at 1 home. But can now haveup to four units on them. A lot of homeowners may choose to build a duplex in their backyard now for rental income, and be allowed to. I personally disagree with these suburban -busting new laws.

  2. I live in the neighborhood and was hopeful this project would die somehow. But change happens and that’s the one constant we can expect. So…I’ll welcome the new neighbors and embrace them as I reminisce about days gone by.

  3. I have never understood why anyone objected to housing being built at this location unless you are against all new building. Close to the freeway, close to bart, close to grocery store. It certainly shortens trips and congestion than having the same units built in PH/Martinez or Moraga.

    • Objection: Guaranteed gridlock at an intersection ALREADY graded F by the county. Guaranteed deaths if wildfire causes mass evacuation, since people won’t be able to reach the freeway, with 500 NEW cars on top of the ramp to 24.
      Objection: MONTHS of air pollution as hundreds of truckloads of dirt are taken away. Did you know that developer will REMOVE THE HILL?
      Those are just 2 of many REAL objections. I hope you take seriously what I’ve written here.

  4. My concern is seeing how much land slumping is going on with the hills along PH Road. You can see the slides on both sides from the freeway towards the Briones staging area and also on the other side by the Acalanes Ridge. I can’t imagine how much stabilization will be needed to support so many apartments on such unstable soil.

    Not to mention how insane the traffic is already on PH Road.

    • Thanks for your use of “slumping” – a favorite term. We’ve seen evidence of slippage on our own walks, undertaken after the recent rainfall. Surely something to consider.

  5. It looks like there is still undeveloped land in the off-on ramp cloverleafs, maybe they can build something in there too. Of course they’ll have to make it possible for cars sailing off the freeway to travel unobstructed through tenants living rooms. But those developers are clever dudes.

Leave a Reply