"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."
"Los Gatos filed the lawsuit last April against Arya Properties LLC, a developer involved with three projects in town: the Arya, the Luxe and Vista Capri. The lawsuit was introduced after the town deemed the developer's preliminary applications for the Arya and the Luxe incomplete after two resubmittals. The Town responded to the court's decision in a press release, saying that they will continue processing Arya Properties LLC's applications, as they had been while the lawsuit was being settled."
A Santa Clara County Superior Court judge dismissed the Town of Los Gatos' lawsuit seeking clarification of the state's builder's remedy law. The dispute centered on whether the word "the" limited applicants to a single 90-day resubmittal period. The California Department of Housing and Community Development argued developers may have multiple 90-day periods to fix applications. Judge Helen E. Williams agreed with the state, finding "the" was used to reduce repetition and did not constrain the number of resubmittals, and noted the law allows multiple resubmissions without a preliminary application expiring. The town will continue processing the developer's applications and reiterated intent to comply with state housing requirements.
Read at The Mercury News
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