"The ruling came down to semantics, hinging on what the means in a particular portion of the law, which allows developers to build a project of whatever height and size they would like in at any location in cities that don't have a state-certified housing element. The town interpreted the law to mean that developers only get one 90-day resubmittal period, but the California Department of Housing and Community Development stated that they can have an indefinite number of 90-day periods to fix their applications."
"Superior Court Judge Helen E. Williams agreed with the state, saying that the town's interpretation of the law was based on the phrase the 90-day period, where the meant that the resubmittal period itself was unique and singular. However, Williams deemed that the was being used to reduce repetition and ensure coherence in the law without limiting the number of 90-day periods allowed. The full law also suggests that multiple resubmissions in response to succeeding incompleteness determinations may be made without a preliminary application expiring,"
A Santa Clara County Superior Court judge dismissed Los Gatos' lawsuit seeking clarification of the state's builder's remedy law. The dispute centered on whether a phrase in the law limited developers to a single 90-day resubmittal period. The California Department of Housing and Community Development argued developers can have an indefinite number of 90-day periods to correct applications. The judge agreed with the state, finding the wording reduced repetition rather than imposed a numerical limit. Los Gatos sued Arya Properties LLC after deeming two preliminary applications incomplete and will continue processing the developer's applications while complying with state housing requirements.
Read at www.mercurynews.com
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