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Who Killed the Building? · Case brief · October 22, 2026

1609 Grand Avenue Apartments (Lower Riviera)

Santa Barbara · Santa Barbara County · California · https://whokilledthebuilding.com/projects/santa-barbara-1609-grand-2023

Industrial Partners Group, a Los Angeles investment company founded by Craig Martin Smith and Stephanie Smith, filed an SB 330 preliminary application in May 2023 for a 30-unit apartment building, with six low-income units, on two vacant lots at 1609 and 1615 Grand Avenue on Santa Barbara's Lower Riviera. It was the first builder's remedy filing in the city, made before HCD found Santa Barbara's housing element in substantial compliance on February 13, 2024. A city planner said at the time that the preliminary application had been accepted, not approved. In June 2024 Councilmember Kristen Sneddon said the formal application had been deemed incomplete; the city later said the application (city file PLN2024-00181) was deemed complete before January 1, 2025, which keeps it under the Housing Accountability Act as it stood when the preliminary application was filed. By June 2025 the proposal had grown to 53 units, 11 of them affordable, in a building of up to six stories. The city sent its latest consistency determination on March 27, 2025. On July 31, 2025 it told the applicant, Ben Eilenberg, that the project does not appear to qualify for the new AB 130 CEQA exemption because it is not consistent with the General Plan and zoning, and that it would prepare a focused environmental impact report. Eilenberg answered on August 1 with a Housing Accountability Act notice asserting that the city's course of conduct amounted to disapproval. After receiving nearly 300 public comments, the city issued findings on October 30, 2025 that its conduct was necessary and reasonable, that actions taken to comply with CEQA cannot count as disapproval, and that the project's density of 104 units per acre exceeds the 36 units per acre the city calculates as the maximum under the builder's remedy definition added by AB 1893. It listed 11 technical studies for the environmental review. The Santa Barbara Independent links the Smiths and Eilenberg to The Mission LLC, which is pursuing the builder's remedy project at 505 East Los Olivos Street. As of October 2026 no environmental impact report or hearing on 1609 Grand Avenue has been reported. Noozhawk reported in 2024 that zoning would allow only two units on the site and the developer said four; the city puts the General Plan density at 12 units per acre.

Project facts

JurisdictionSanta Barbara, Santa Barbara County
StatusIn Review
Project typeMultifamily Rental
Address1609-1615 Grand Avenue, Santa Barbara, CA 93103
Units proposed53
Affordable units11
Floors6
Delay41 months
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

No deciding body has been recorded for this case yet.

Timeline

DateEventWhat the record shows
May 31, 2023City's First Builder's Remedy Application ReportedThe Santa Barbara Independent reports that Industrial Partners Group submitted an SB 330 preliminary application the week before for 30 apartments, six of them low-income, on two vacant Grand Avenue lots. Santa Barbara Independent: https://www.independent.com/2023/05/31/lipodiesel-weed-wars-whos-behind-santa-barbaras-first-builders-remedy-project/
February 13, 2024State Certifies Santa Barbara Housing ElementHCD tells the city its 2023-2031 housing element is in substantial compliance, nine months after the filing. City of Santa Barbara: https://santabarbaraca.gov/HEU
June 18, 2024Councilmember Says Application Deemed IncompleteKristen Sneddon tells Noozhawk the formal application has been deemed incomplete and says the project should at least trigger CEQA analysis. Noozhawk: https://www.noozhawk.com/30-unit-affordable-apartment-project-proposed-for-santa-barbaras-lower-riviera/
March 27, 2025City Sends Consistency DeterminationThe city's latest consistency determination goes to the applicant. In October 2025 the city asks for a response to it. City of Santa Barbara: https://santabarbaraca.gov/sites/default/files/2025-10/HAA%20Notice%20Response%20Letter%20w%20public%20comment.pdf
June 22, 2025Architects and Planners Oppose 53-Unit PlanA group of local architects and planners says the proposal, now 53 units with 11 affordable and up to six stories, conflicts with the city's general plan and design standards. Noozhawk: https://www.noozhawk.com/architects-planners-band-together-to-fight-two-housing-projects-on-santa-barbara-riviera/
July 31, 2025City Says Project Does Not Qualify for AB 130The city finds the project inconsistent with its General Plan and zoning and says a focused EIR will study most if not all CEQA topics. City of Santa Barbara: https://santabarbaraca.gov/sites/default/files/2025-08/AB%20130%20Response.pdf
August 1, 2025Applicant Invokes Housing Accountability ActBen Eilenberg says no further CEQA action is necessary and invokes Gov. Code 65589.5(h)(6)(D), under which an improper course of conduct, such as unnecessary delay, can count as disapproval. City of Santa Barbara: https://santabarbaraca.gov/sites/default/files/2025-08/EnvironmentalReview-PLN2024-00181_1609-1615_GrandAve.pdf
October 30, 2025City Finds Its Review Necessary and ReasonableAfter nearly 300 public comments, the city finds that the project's 104 units per acre exceeds the builder's remedy maximum it calculates at 36, and lists 11 studies needed before a decision. City of Santa Barbara: https://santabarbaraca.gov/sites/default/files/2025-10/HAA%20Notice%20Response%20Letter%20w%20public%20comment.pdf

Decisions

No decision records yet. Decision records are added from minutes, agenda packets, video, or rulings.

Sources

  1. LipoDiesel & Weed Wars: Who's Behind Santa Barbara's First 'Builder's Remedy' Project?, Santa Barbara Independent (Ryan P. Cruz), May 31, 2023 [News Article]. https://www.independent.com/2023/05/31/lipodiesel-weed-wars-whos-behind-santa-barbaras-first-builders-remedy-project/
  2. Builder's Remedy Apartment Project Proposed on Grand Avenue for Santa Barbara's Lower Riviera, Noozhawk (Joshua Molina), June 18, 2024 [News Article]. https://www.noozhawk.com/30-unit-affordable-apartment-project-proposed-for-santa-barbaras-lower-riviera/
  3. Architects, Planners Band Together to Fight Two Housing Projects on Santa Barbara Riviera, Noozhawk (Joshua Molina), June 22, 2025 [News Article]. https://www.noozhawk.com/architects-planners-band-together-to-fight-two-housing-projects-on-santa-barbara-riviera/
  4. 1609 Grand Avenue (PLN2024-00181): Qualification for AB 130 CEQA Exemption, City of Santa Barbara (Allison DeBusk), July 31, 2025 [Planning Document]. https://santabarbaraca.gov/sites/default/files/2025-08/AB%20130%20Response.pdf
  5. Applicant notice email, environmental review for PLN2024-00181, City of Santa Barbara (Ben Eilenberg), August 1, 2025 [Planning Document]. https://santabarbaraca.gov/sites/default/files/2025-08/EnvironmentalReview-PLN2024-00181_1609-1615_GrandAve.pdf
  6. 1609 Grand Avenue: HAA Notice Regarding Alleged Project Disapproval (findings letter with public comments), City of Santa Barbara (Allison DeBusk), October 30, 2025 [Planning Document]. https://santabarbaraca.gov/sites/default/files/2025-10/HAA%20Notice%20Response%20Letter%20w%20public%20comment.pdf
  7. Judge Dismisses Mission LLC's Lawsuit Against City of Santa Barbara, Santa Barbara Independent (Christina McDermott), April 24, 2026 [News Article]. https://www.independent.com/2026/04/24/judge-dismisses-mission-llcs-lawsuit-against-city-of-santa-barbara/
  8. Neighbors Raise Alarm About 8-Story Project Near Mission Santa Barbara, Noozhawk (Rebecca Caraway), June 30, 2026 [News Article]. https://www.noozhawk.com/neighbors-raise-alarm-about-8-story-project-near-mission-santa-barbara/
  9. County of Santa Barbara Hits Snag in Mission LLC's Lawsuit Seeking Tax Exemption on Religious Grounds, Santa Barbara Independent (Christina McDermott), August 9, 2026 [News Article]. https://www.independent.com/2026/08/09/county-of-santa-barbara-hits-snag-in-mission-llcs-lawsuit-seeking-tax-exemption-on-religious-grounds/
  10. Housing Element Update, City of Santa Barbara [Planning Document]. https://santabarbaraca.gov/HEU
  11. Housing Accountability Act Notice of Environmental Delay for 1609 Grand Ave., City of Santa Barbara [Planning Document]. https://santabarbaraca.gov/services/construction-land-development/development-activity/environmental-documents/housing
  12. Environmental Documents, City of Santa Barbara [Planning Document]. https://santabarbaraca.gov/services/construction-land-development/development-activity/environmental-documents

Data quality

Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.