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505 East Los Olivos Street (Behind the Old Mission)

Litigated

505 E. Los Olivos Street, Santa Barbara, CA 93105

Project type
Multifamily Rental
Units proposed
270
Date filed
January 24, 2024
Delay
32 months
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The Mission LLC, whose manager is listed as Ben Eilenberg and whose principals the Los Angeles Times identified as Craig and Stephanie Smith, proposes an eight-story apartment building over three levels of underground parking on nearly five sloping acres at 505 E. Los Olivos Street, behind the Old Mission in Santa Barbara (city file PLN2024-00299). Current plans call for 270 units, 54 of them for low-income households, at a height the city puts at 112 feet, where the City Charter limit is 30 feet; the January 2024 preliminary application described 250 units. The developer filed under the builder's remedy on January 24, 2024, weeks before HCD found Santa Barbara's adopted housing element in substantial compliance on February 13, 2024. The city found the formal application incomplete four times between August 2024 and May 2025 (the first notice demanded a general plan amendment and rezoning, which the city later waived) before deeming it complete on July 3, 2025. On July 31, 2025 the city rejected the developer's request for a CEQA exemption under AB 130, citing zoning inconsistency, wetlands, steelhead habitat and a FEMA floodway. On October 11, 2025 Gov. Gavin Newsom signed SB 158, a budget trailer bill that removed the exemption from builder's remedy sites meeting a set of population, size, floodway, wetland and landmark tests; the developer says it singles out this project. Santa Barbara County Superior Court Judge Thomas Anderle denied the developer's writ claims on April 22, 2026, and on June 2, 2026 U.S. District Judge Hernán D. Vera dismissed its federal suit against the state and city, with leave to amend, while saying "there are serious constitutional questions raised here." The developer filed an amended federal complaint in June. In July 2026 the city said it has not disapproved the project and listed 12 environmental studies required before hearings. A state court hearing is set for November 4, 2026. Sources differ on the unit count (250 or 270) and height (112 or 90 feet).

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Motion for judgment on the pleadings · Santa Barbara Superior Court, Dept. 3
November 4, 2026
Builder's remedy applicationCEQA suit filed

Eight-story builder's remedy project behind the Old Mission. The writ claims were denied April 22, 2026; the city's motion on the remaining declaratory relief claim was continued to Nov 4. The city says full CEQA review is required before any hearing. A federal suit over SB 158 was dismissed with leave to amend in June 2026.

Timeline

January 24, 2024Developer Files Builder's Remedy Bid Behind the Mission

The 54 low-income units mean the city cannot deny the project outright. City records give Jan. 29.

Santa Barbara Superior Court
February 13, 2024State Certifies Santa Barbara Housing Element

HCD finds the adopted element in substantial compliance, weeks after the filing.

City of Santa Barbara
August 20, 2024City Finds Application Incomplete

The first of four incompleteness findings demands a general plan amendment and rezoning; the city waives that demand on Sept. 13, 2024.

Santa Barbara Superior Court
May 22, 2025Developer Sues After Fourth Incomplete Finding

The suit follows the city's May 12, 2025 letter.

Santa Barbara News-Press
July 3, 2025City Deems Application Complete

The application is complete after four incompleteness findings.

Santa Barbara Superior Court
July 31, 2025City Denies AB 130 Exemption

The city cites zoning inconsistency, wetlands, steelhead habitat and a FEMA floodway.

City of Santa Barbara
October 11, 2025Newsom Signs SB 158

The budget trailer bill removes the CEQA exemption from builder's remedy sites that meet population, size, floodway, wetland and landmark tests.

Burke, Williams & Sorensen
October 24, 2025Developer Sues State and City in Federal Court

The Mission LLC says SB 158 singles out its project.

Santa Barbara Independent
April 22, 2026Judge Denies Developer's Writ Claims

Judge Thomas Anderle finds the completeness claim moot and the other claims unripe or without merit.

Santa Barbara Superior Court
June 2, 2026Federal Judge Dismisses Suit With Leave To Amend

Judge Hernán D. Vera finds the claims unripe and barred by sovereign immunity, while saying "there are serious constitutional questions raised here."

Santa Barbara Independent
July 8, 2026City Rejects Delay Claim, Lists 12 Required Studies

The city says its consistency letter is not a disapproval.

City of Santa Barbara

Who was involved

Supporting
Richard Jacobs
Attorney for The Mission LLC

On the fourth incompleteness letter: "this fourth letter is apparently entirely in bad faith and designed to harass"

Ben Eilenberg
Woodside Community Housing
Manager of The Mission LLC

Listed as manager of the applicant, The Mission LLC; the Los Angeles Times identified Craig and Stephanie Smith as the developers.

Stephanie Smith
The Mission LLC
Developer, according to the Los Angeles Times

SB 158 grew from "protests of wealthy homeowners, many of whom cosplay as housing advocates until the proposed housing is in their neighborhood."

Opposing
Monique Limón
California State Senate
State senator; her office said she helped craft SB 158

"Every piece of legislation I author or review, I do so based on the needs of our state but also with the lens of the community I represent"

Randy Rowse
City of Santa Barbara
Mayor of Santa Barbara

Called the project "a horrendous nightmare," as reported by Noozhawk.

Gregg Hart
California State Assembly
Assemblymember

"Proposing projects like this undermines support for building density in Santa Barbara."

SAGE
Neighborhood group (attorney Marc Chytilo)

"The biggest concern is public health and safety."

Deciding
Judge Thomas Anderle
Santa Barbara County Superior Court

Denied the developer's writ claims on April 22, 2026. In a later tentative ruling he wrote that "there may be issues remaining for trial when reviewed carefully."

Judge Hernán D. Vera
U.S. District Court

Dismissed the federal suit on June 2, 2026 with leave to amend: "there are serious constitutional questions raised here"

Allison DeBusk
City of Santa Barbara
Community development director

"the City has not 'disapproved' the Project by causing an unreasonable delay." (July 8, 2026)

How it was obstructed

Invoked by City of Santa Barbara · July 31, 2025

The city denied the AB 130 exemption, and SB 158 later removed the exemption for sites like this one. The city requires 12 environmental studies before hearings.

Outcome pending
Builder RemedyBuilder's Remedy
Invoked by City of Santa Barbara · July 8, 2026

The city's July 2026 letter says the project exceeds current builder's remedy density limits (71.43 versus 30 units per acre), while conceding that the pre-2025 rules apply.

Outcome pending
Invoked by City of Santa Barbara · April 8, 2026

The city's consistency letter cites the 30-foot height limit in City Charter Section 1506; the city puts the project at about 112 feet.

Outcome pending

Decisions

Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.

DateBodyActionVoteStaff recommendationSource
August 20, 2024Staffdeemed application incomplete
First of four incompleteness findings (August 2024 to May 2025).
—NoneSanta Barbara Superior Court
May 12, 2025Staffdeemed application incomplete
Fourth incompleteness finding.
—NoneSanta Barbara Superior Court
May 22, 2025Courtlawsuit filed
The Mission LLC v. City of Santa Barbara (25CV03180), Santa Barbara County Superior Court.
—UnknownSanta Barbara News-Press
April 22, 2026Courtruling issued
Denied the developer's writ claims.
—UnknownSanta Barbara Superior Court
June 2, 2026Courtruling issued
U.S. District Court dismissed the federal suit against the state and city with leave to amend.
—UnknownSanta Barbara Independent

Sources

Housing Element Update
City of Santa Barbara