Developer Sues over Our Landslide Measure T Victory

sand creek road

As we expected, our landslide Yes on Measure T (the Let Antioch Voters Decide Initiative) victory that 79 percent of Antioch voters favored in the November election has been challenged in court. Richfield/Oak Hill Park LLC developers, who want to develop potentially thousands of housing units west of Deer Valley Road on and around the southern hills of the Sand Creek Area, filed a legal challenge to Measure T earlier this month. They say it violates SB 330, the state’s Housing Crisis Act of 2019.

There might be a challenge from the Zeka developers too. We know both developers are applying for development approvals even though the city’s voters have made their expectations crystal clear—no big development in the Measure T area west of Deer Valley Road or outside the Urban Limit Line, without a vote. The City Council should support the will of the voters.

What is SB 330?

image of sand creek

SB 330 was signed into law by Governor Newsom in October 2019. It’s designed to speed up housing construction in California during the next half-decade by slashing the time it takes to obtain building permits, limiting fee increases on housing applications, and barring local governments from reducing the number of homes that can be built. Although it’s meant to encourage affordable housing, Antioch already provides more affordable housing than most cities.

Richfield is saying that because Measure T changes the zoning in the Sand Creek Area west of Deer Valley Road, Measure T violates SB 330. The funny thing is, we qualified our initiative, and the City Council adopted it, long before SB 330 was signed into law. It was only because of lawsuits from Richfield and Zeka developers that a judge sent our initiative to the November 2020 ballot, where we won in a landslide. But by then, SB 330 had been signed.

Because of all this, we’ve known that some parts of Measure T might be struck down in court, and other parts might be “severed” and survive. The City Council has the opportunity to preserve some parts as well, and to refuse to give developers General Plan amendments.

What’s the takeaway?

Antioch residents sent a resounding message that they want a direct voice in how the land west of Deer Valley Road in south Antioch is developed. That is, four out of five Antioch residents want increased protection of the land for wildlife, scenery, and less traffic and strain on city services. It’s unclear what effect SB 330 will have on Measure T, because it’s a new law and has not been litigated much. Things will take shape in the coming months, but we’re ready to defend Measure T and the hills, creeks, and beautiful land that it helps protect. We’ll need your support.

Please email the Antioch City Council

Please contact all five Antioch City Council Members and let them know: Measure T is the law of the land, enacted by Antioch voters. The Antioch City Council and staff should work hard to defend and protect Measure T.

sand creek in antioch

Here are the council members’ email addresses: