Downtown Livermore Apartments (Eden Housing)

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The City of Livermore purchases the former Lucky California grocery store site at Railroad Avenue and L Street in downtown Livermore, with the explicit intent to develop affordable housing. Nearly two decades will pass before groundbreaking.

Save Livermore Downtown files a lawsuit in Alameda County Superior Court challenging the city's approval of the Eden Housing project, arguing the city improperly rushed through approval without regard to inconsistencies with the Downtown Specific Plan.

An Alameda County Superior Court judge flatly rejects all of Save Livermore Downtown's claims. More significantly, the court finds the lawsuit was brought FOR THE PURPOSE OF DELAY and orders SLD to post a $500,000 bond under Code of Civil Procedure section 529.2 to compensate Eden Housing for costs incurred by the delay. SLD appeals. Eden Housing CEO Linda Mandolini: "The delays created by this action required Eden to return a $68 million award of Low-Income Housing Tax Credits."

The Livermore City Council votes 5-0 to approve the Eden Housing project under the Density Bonus Law and a CEQA exemption (Government Code section 65457). Mayor Woerner warns a no vote would be an absolutely irresponsible risk. Vice Mayor Munro: "I'm simply being asked to confirm Eden Housing has met the conditions to build."

Move Eden Housing submits a petition with over 8,000 signatures seeking a referendum to put the project to a public vote. City Clerk Marie Weber denies the referendum petition on grounds the city's action was administrative, not legislative, and therefore not subject to referendum.

California Attorney General Rob Bonta files an amicus brief urging the Court of Appeal to expedite review because the ongoing litigation is threatening Eden Housing's ability to retain its tax credit financing. "Timing is critical for affordable housing projects, which often rely on time-sensitive funding sources like tax credits." The AG notes the trial court found the lawsuit was brought for delay. The $68M tax credit award had already been returned by this point.

Eden Housing closes escrow on the 38,000 sq ft property at Railroad Avenue and L Street. Mayor Woerner presents Eden Housing representatives with framed copies of the grant deed at a ceremony. The site remains a parking lot pending resolution of the lawsuits.

The California First District Court of Appeal issues a published opinion in Save Livermore Downtown v. City of Livermore (Case No. A164987; 87 Cal.App.5th 1116) upholding the approval and CEQA exemption. The court finds SLD's claims lack merit "so much so that the inherent weakness of these claims further supports the trial court's finding that [SLD] brought this action to delay the project." Published at the request of Eden Housing, YIMBY Law, the AG, and the League of California Cities — binding statewide precedent.

The California Supreme Court declines to hear Save Livermore Downtown's petition for review. SLD pays its $500,000 bond to Eden Housing. This ends SLD's litigation. However, Move Eden Housing continues its separate referendum lawsuit.

In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal rules the City Clerk should have processed the referendum petition but simultaneously upholds the city's 2024 resolution readopting the development agreement — allowing the project to proceed. The Alameda County Superior Court is directed to deny MEH's motion.

The California Supreme Court declines to hear Move Eden Housing's final petition for review. Eden Housing is cleared to proceed. The Pleasanton Weekly: "Courts repeatedly sided with the city and Eden Housing. In one ruling, a judge required opponents to post a $500,000 bond, finding the litigation appeared aimed at delaying affordable housing construction."

Eden Housing and the City of Livermore hold a groundbreaking ceremony for the Downtown Livermore Apartments. Attendees include Mayor John Marchand, representatives for Senator Jerry McNerney, Assemblymember Rebecca Bauer-Kahan, CA Treasurer Fiona Ma, and HCD officials. Expected completion: October 2028. "Nearly two decades since the city of Livermore first purchased a parcel of land near the heart of its downtown with plans to build affordable housing, excavation has finally begun." (Pleasanton Weekly)

"While we are pleased with the court's decision, we would vastly have preferred to be proceeding with the construction of this development in 2022. The delays created by this action required Eden to return a $68 million award of Low-Income Housing Tax Credits." (Linda Mandolini, Feb 2022). "When complete, Downtown Livermore Apartments will offer 130 low-income families the stability of a permanent, affordable home." (May 2026 groundbreaking)

Voted unanimously 5-0 to approve in May 2022. Mayor Woerner: "A no vote would be an absolutely irresponsible risk." Councilmember Branning: "It's unfortunate what the delays cost in terms of people not having a place to live." Defended the project at every legal stage.

"Timing is critical for affordable housing projects, which often rely on time-sensitive funding sources like tax credits to finance development. CEQA plays a critical role in protecting the environment and public health. We won't stand by when it is used to thwart new development, rather than to protect Californians and our environment." (August 9, 2022 amicus brief press release)

Filed a request for publication of the Court of Appeal opinion in the Save Livermore Downtown case (January 2023), helping make the ruling binding precedent statewide. By requesting publication, YIMBY Law helped ensure the ruling would protect future affordable housing projects from similar CEQA delay tactics.

"Save Livermore Downtown is frustrated by the Court of Appeal's opinion denying our challenges to the city's unlawful approval of the proposed Eden Housing project in downtown Livermore." (Jean King, January 2023). The project does not comply with design and density standards in the Downtown Specific Plan. The city improperly rushed through approval. About 60% of Livermore voters oppose this location per an SLD-commissioned poll.

The downtown corner should be a public park. Collected 8,000+ signatures to force a popular vote. The city's action in approving the property sale was legislative, not administrative, and subject to referendum. Filed multiple lawsuits. California Supreme Court petition denied January 2026.

Save Livermore Downtown filed a CEQA lawsuit challenging the city's CEQA exemption under Government Code section 65457 and alleging the project was inconsistent with the Downtown Specific Plan. Both the trial court and the First District Court of Appeal found SLD's claims meritless and brought FOR DELAY. Despite losing at every legal stage, the multi-year litigation required Eden Housing to return a $68 million Low-Income Housing Tax Credit award — the most precisely documented cost of CEQA delay in this database. SLD paid out a $500,000 bond to Eden Housing when it lost. This is the leading California published opinion on defending affordable housing against delay-motivated CEQA suits.

Move Eden Housing organized a referendum petition (8,000+ signatures) to force a popular vote and filed a lawsuit when the City Clerk declined to process it. The referendum petition added legal uncertainty and delay to an already-litigated project. The appellate court eventually ruled the City Clerk should have processed the referendum, but simultaneously ruled the city's 2024 readoption resolution was valid. California Supreme Court denied MEH's final petition in January 2026. This parallel litigation track contributed to the overall 4-year delay.

Developer project fact sheet. Contains full litigation timeline, unit details (130 units, 20-60% AMI), building descriptions (two four-story buildings), and groundbreaking information.

Most recent source — published 9 days before research date. Best source for groundbreaking confirmation, expected completion (Oct 2028), Mandolini statement on wasted costs, Branning quote.

Confirms California Supreme Court denied MEH's final petition (approximately January 15, 2026). Best source for confirming the end of all litigation.

Best source for explaining the published opinion's significance as binding precedent. Confirms YIMBY Law, AG, and CBIA requested publication.

Best legal analysis of the Court of Appeal opinion and the $500,000 bond ruling under Code of Civil Procedure section 529.2. Essential for understanding the legal mechanism.

AG amicus brief press release. Primary source for Bonta's statement on tax credit timing and CEQA abuse. Confirms trial court imposed $500,000 bond.

Primary source for Linda Mandolini's $68 million tax credit statement — the most important quote in this entry. Essential.