Represented a housing developer in the City of Orange in connection with persuading the California Department of Housing and Community Development (HCD) to disapprove the City of Orange’s Housing Element update.
Client sought to develop 158-unit senior housing project on eight-acre vacant property. City of Orange refused to add property to its RHNA Sites Inventory. In its Housing Element, City of Orange claimed it had no vacant sites suitable for development of housing, and exclusively identified non-vacant sites as the locations where 90% of city’s RHNA (3,000 units) could be accommodated. Loeb team demonstrated to HCD that — contrary to the City or Orange's claims — covenants and easements of public record precluded the development of the claimed 3,000 units.