Developers sue Los Gatos over builder’s remedy project application

A developer is suing Los Gatos over the town s application requirements for a builder s remedy project after almost a year of back and forth on the application s completeness Related Articles Second phase of San Jose Tamien Station transit-oriented advancement could begin mid- Bay Area developer building micro-studios and yes people are renting them homeless shelter beds are likely headed to Oakland Just not in Chinatown Why one California union sided with YIMBYs and developers on housing Huge East Bay apartment complex is bought for well over million Vista Capri is a builder s remedy project led by Campbell-based architectural firm Anderson Architects and owned by Los Gatos LLC a real estate company based in Fullerton While developers assert that their project would expand housing options and take advantage of nearby transportation features they dispute the application requirements requested by the town Los Gatos LLC explained they are in proceeding settlement negotiations with the town and coordinating with the California Department of Housing and Group Progress We have attempted to work with the town but due to the town s continued resistance to new housing we have had to file a suit to bring the town into compliance with the state housing laws wrote Los Gatos LLC in an email to this news organization The developer s plans call for an eight-story -foot-high apartment building at Capri Drive consisting of units of which would be designated as lower-income units according to the project description They are offering studios one- two- and three-bedroom units a covered barbecue area a district outdoor roof deck and a basketball court The outer walls would use stucco finishes and a metal screening would enclose the parking garage on its base Los Gatos LLC asserted that the town has so far approved less than of the low-income units required by its Housing Element The town is required to make around units affordable to low-income residents Based on the in recent times approved developments on the town s SB Application Tracker the three projects at this moment approved would only provide affordable units less than of the total A letter sent to the town on May from the Law Offices of Richard Jacobs on behalf of Los Gatos LLC alleges that it was unlawful for the developer s application to be considered incomplete based on the town s submittal requirement checklist on its Project Plan Submittal Guide The lawyer asserts that the town s request for a conditional use permit for the project is illegal The developers argue that the permit requirement is overruled because the town failed to pass a compliant Housing Element before they submitted their application The letter goes on to assert that plenty of of the town s application requirements including those that ask to specify curb sizes and surfacing materials and to provide the number of stories on adjacent buildings and floor area ratio of nearby sites are illegal The town s continued improper designation of incomplete status on this project application appears to solely be carrying out the town s attempts to block builder s remedy projects that bring much-needed low-income housing to the Town Jacobs wrote in his letter to the town He refused to provide further comments to this news organization The apartments would be built on a half-acre triangular site between Winchester Boulevard Capri Drive and Highway The parcel is zoned for commercial use with a single-story wood-framed building now occupying it Developers are requesting to demolish the existing structures to build the complex Los Gatos town staff state that the Vista Capri application is still pending and the town is reviewing the lawsuit adding that they gave developers the chance to appeal the determination that their application was incomplete but no appeal was submitted Staff asserted that the town was within its rights to request a conditional use permit to allow a residential enhancement in a commercial zone The town s requirement for a conditional use permit is not a legislative action but rather a quasi-judicial action staff revealed in its response to the developers The developers have submitted three applications thus far for Vista Capri The first application was submitted on Aug It then went through a second cycle on Dec and entered its third cycle on March of this year From the beginning it seemed that the developers and the town would have a tense working relationship After the planning commission first rendered the application incomplete the developers asserted that the town was misunderstanding state housing laws saying that the application doesn t just expire if their supplemental submission is identified unsatisfactory However the town asserted that staff can ask for additional information on each resubmittal as long as it is consolidated to a single letter The applicants also took issue with the requirement to provide environmental analysis for the project per the California Environmental Quality Act Town staff requested that the developers pay for a CEQA analysis to be conducted and demanded if the developers will be providing any technical studies The developers declared that they would address CEQA requirements once the application is considered complete saying that the order that the town was requesting the information in was putting the figurative cart before the horse Town staff responded that while the developers could put off CEQA analysis until after the application is complete it would delay their application from going before a inhabitants hearing