ANTIOCH – Two housing projects linked to a developer accused of corruption were approved just a week apart to avoid possible litigation as some councilmembers voiced frustration over state housing laws.

In a 3-2 vote on Tuesday, the Antioch City Council gave the OK to the vesting tentative subdivision map and design review for the Wildflower Station Townhomes 2 project. Councilmember Donald Freitas dissented while Tamisha Torres-Walker abstained.

The council on Oct. 28 had also approved the Slatten Ranch Townhomes project, with Freitas voting against and Torres-Walker absent.

Both multifamily residential projects were proposed by DeNova Home Inc., which has come under public scrutiny after federal prosecutors charged its former owner and vice president with corruption in April.

The father-and-son duo allegedly offered cash in a coffee thermos to an unidentified Antioch councilmember in an attempt to secure a vote in favor of a different housing development known as the Aviano project.

The councilmember reported the matter to the FBI.

The City Council has been debating the two recently approved projects since September, when it nearly rejected them. Dan Golub, a lawyer representing DeNova Homes, told the council at the time that the city had no legal standing to reject the projects.

At Tuesday’s meeting, residents voiced their opposition to the project and the developer, with some calling for a class-action lawsuit to halt the development.

Freitas said Senate Bill 330 “usurps” local government control.

“It takes away our discretion, and we are elected by the people, and unfortunately, because of the state legislation, we are, in my opinion, are failing our community because there should not be a development in this particular area,” said Freitas about the Wildflower Station Townhomes 2 project.

The 159-unit residential development is part of a larger 23-acre Wildflower Station project, which includes single-family homes, condominiums, and a planned commercial development entitled in 2018.

Although the single-family homes and townhomes have been constructed, the commercial land along Hillcrest Avenue, where the new project would be built, was left undeveloped.

Freitas added he was “offended” by SB 330 and DeNova Homes and despite multiple public discussions, nothing could be done to prevent the development.

“We, in my opinion, raise many legitimate issues, but because they have the law behind them and SB 330, they can ignore us completely. And as I have stated before, I’m voting no on this, but I know legally, it puts us in a very difficult line,” said Freitas. “But there has to be some protest. There has to be people like myself, and others who say, ‘Yes, I understand the law, but the law is broken.’”

Councilmember Monica Wilson said she was “frustrated” and “upset” with the developer as the original project presented had mixed residential and commercial development.

If Antioch had completed its inclusionary housing plan, it “probably would have protected” the city, added Wilson.

“So, it’s just unfortunate that we’re going to have to deal with this project, and because the state is supporting them, but my frustrations are still there due to the fact that we were presented one thing originally, years ago, and we’re getting something else,” said Wilson.

According to a staff report, the project complies with Antioch’s General Plan as well as zoning and objective standards.

The Housing Accountability Act also “restricts Antioch’s ability to deny the project.”

Mayor Ron Bernal said the developer is “the wrong place to focus our anger” as the area was zoned for residential development.

He noted the council received a letter from the Department of Housing and Community Development, adding that the department was “very clear, we will end up in litigation” if the council vetoes the project.

“I do not see this as a battle that I am going to vote for us to fight, I don’t like the loss of local control. … Folks out of San Francisco and places like that have different ideas, and really what the end result is, it pushes housing to cities like Antioch so we can provide the workforce that goes into San Francisco,” said Bernal. “I am not happy about it, but I don’t see any way around.”

The council approved the Slatten Ranch Townhomes project with a condition that the developer is required to improve Empire Avenue in proportionate share “to a one-half arterial road standard” as approved by the city engineer in consultation with the city attorney.

The Slatten Ranch project, located north of Wicklow Way and east of Slatten Ranch Road, would produce 129 townhome units on a 6.41-acre property.