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).
Staff · Court · Judge Thomas Anderle · Judge Hernán D. Vera
| Date | Event | What the record shows |
|---|---|---|
| January 24, 2024 | Developer 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: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| February 13, 2024 | State Certifies Santa Barbara Housing Element | HCD finds the adopted element in substantial compliance, weeks after the filing. City of Santa Barbara: https://santabarbaraca.gov/HEU |
| August 20, 2024 | City 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: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| May 22, 2025 | Developer Sues After Fourth Incomplete Finding | The suit follows the city's May 12, 2025 letter. Santa Barbara News-Press: https://www.newspress.com/2026/04/29/developers-lose-round-in-court-but-controversial-housing-behind-old-mission-grinds-forward/ |
| July 3, 2025 | City Deems Application Complete | The application is complete after four incompleteness findings. Santa Barbara Superior Court: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| July 31, 2025 | City Denies AB 130 Exemption | The city cites zoning inconsistency, wetlands, steelhead habitat and a FEMA floodway. City of Santa Barbara: https://santabarbaraca.gov/sites/default/files/2026-07/HAA%20Unnecessary%20Delay%20Response%20Letter%2007-08-26.pdf |
| October 11, 2025 | Newsom 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: https://www.bwslaw.com/insights/sb-158-amends-major-ceqa-reform-bills-ab-130-and-sb-131/?pdf=12768 |
| October 24, 2025 | Developer Sues State and City in Federal Court | The Mission LLC says SB 158 singles out its project. Santa Barbara Independent: https://www.independent.com/2025/11/06/developers-of-eight-story-building-behind-mission-sue-state-city-of-santa-barbara/ |
| April 22, 2026 | Judge 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: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| June 2, 2026 | Federal 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: https://www.independent.com/2026/06/10/federal-judge-dismisses-mission-llcs-lawsuit-against-state-city-of-santa-barbara/ |
| July 8, 2026 | City Rejects Delay Claim, Lists 12 Required Studies | The city says its consistency letter is not a disapproval. City of Santa Barbara: https://santabarbaraca.gov/sites/default/files/2026-07/HAA%20Unnecessary%20Delay%20Response%20Letter%2007-08-26.pdf |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| August 20, 2024 | Staff | deemed application incomplete | — | None | Santa Barbara Superior Court: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| May 12, 2025 | Staff | deemed application incomplete | — | None | Santa Barbara Superior Court: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| May 22, 2025 | Court | lawsuit filed | — | Unknown | Santa Barbara News-Press: https://www.newspress.com/2026/04/29/developers-lose-round-in-court-but-controversial-housing-behind-old-mission-grinds-forward/ |
| April 22, 2026 | Court | ruling issued | — | Unknown | Santa Barbara Superior Court: https://www.santabarbara.courts.ca.gov/tentative-ruling/25cv03180-0 |
| June 2, 2026 | Court | ruling issued | — | Unknown | Santa Barbara Independent: https://www.independent.com/2026/06/10/federal-judge-dismisses-mission-llcs-lawsuit-against-state-city-of-santa-barbara/ |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.