Huber Valley council approves settlement, adopts resolution for Warmington Residential project

The Huber Valley City Council voted 4-1 Monday to approve a settlement with Warmington Residential and adopt a resolution approving the developer's 67-unit project at the southwest corner of Camino Real and the railroad corridor.

The settlement requires Warmington to pay the city $800,000 before issuance of the project's first building permit and to provide an additional $200,000 that the council may direct either to widening Camino Real north and south of the site or to the city’s affordable housing fund. The vote followed months of litigation after the council denied the project in March 2025 and Warmington filed a verified petition for a writ of mandate seeking to overturn that denial.

City staff delivered the settlement terms at Monday's special meeting. "Warmington has agreed to pay the city the sum of $800,000 on or before the issuance of the first building permit," city staff member Peter Thorson told the council while outlining the agreement. Thorson said the $1 million in payments does not cover the full estimated cost of off-site widening: staff estimated $900,000 to widen Camino Real at the southern spillway and $1.6 million to widen the northern section near the railroad, a combined total of roughly $2.5 million.

Under the conditions of approval included in the settlement, Warmington will still be required to construct two southbound lanes on Camino Real within the project boundaries and an 18-foot westerly parkway that includes landscaping, a five-foot curb-adjacent parkway, five-foot sidewalk, a six-foot decomposed granite trail, street lights, curb and gutter, irrigation and landscaping. The city would be responsible for design, any right-of-way acquisition, and construction of the off-site widening outside the project's footprint.

The agreement also addresses the pending litigation and potential future challenges. Warmington must dismiss its lawsuit in full within five business days after the city posts its notice of determination for the CEQA action. The settlement states the city admits no liability in the litigation; the parties agreed that, in the underlying dispute, each would pay their own legal fees. The agreement further says that if a third party sues to invalidate the approval, Warmington would pay the city's litigation fees and attorney's fees associated with that challenge.

Discussion at the meeting mixed concern about past zoning decisions and relief that the settlement avoids what council members described as a risky, costly court fight. Mayor Buxton said the agreement was "an appropriate move" to end the litigation and protect the city and its residents from broader consequences, including what council members referred to as a potential builders' remedy if the city lost in court. Several council members recounted the parcel's rezoning history and argued the city had limited leverage because of state housing laws and earlier local approvals.

Council member Carmona cast the lone vote against the settlement; Council Member Barajas moved to approve the recommendation and Council Member Silva seconded. The final vote was recorded 4-1 in favor.

The adopted resolution and settlement finalize the project approval at the council level; the timeline for design and any off-site widening depends on subsequent city design work and right-of-way steps. The city clerk indicated the resolution number associated with the action as Resolution No. 2020-535 (as listed in the meeting packet).