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Los Gatos Council grants appeals for Luxe and ARIA projects, follows court on SB 330 resubmissions
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Summary
The council adopted two resolutions granting appeals from the Luxe and ARIA developers and said it will follow a superior court ruling that allows successive 90‑day completeness periods under SB 330 while reserving the right to act if later controlling authority differs.
Los Gatos — The Town Council voted to grant appeals from developers of two Los Gatos Boulevard projects and adopt resolutions that put the town on record as following a recent superior court decision about SB 330 vesting.
The council’s action responds to a January superior‑court determination and state guidance that applicants filing an SB 330 (senate bill 330) preliminary application may resubmit during successive 90‑day completeness review periods without losing vested rights. Town Attorney Gabrielle Whelan told the council the question was highly technical: “the statute can be read to provide for unlimited 90‑day periods in which to render planning applications complete and retain the project vesting,” and she recommended the council grant the applicants’ appeals and continue processing both applications.
Travis Brooks, counsel for the Luxe and ARIA applicants, said the January order “reiterated what the Department of Housing and Community Development, the state attorney general’s office, and the other courts that have considered this legal issue have all consistently repeated” — that multiple resubmissions can preserve vesting so long as appellants respond within 90 days of an incompleteness notice. Brooks said both applications had been deemed complete more than a year ago and that earlier town communications suggesting vesting was lost had compelled the applicants to incur substantial legal fees.
Several neighbors urged the council to contest the court’s interpretation or take other steps to limit building massing and protect safety and neighborhood character if those projects proceed. Speakers cited concerns about traffic, visual bulk and proximity to power lines and urged the town to consider an appeal or other legal strategies.
After extensive questioning from council members about legal risk, possible Housing Accountability Act exposure and the town’s potential liability, the council adopted modified resolution language recommended by the town attorney. The adopted language says the town will act “in compliance” with the superior court’s decision allowing multiple 90‑day resubmissions, “absent any contrary controlling legal authority applicable to the projects.” The council also directed staff to engage with ARIA Properties LLC after the town’s current litigation over the matter concludes.
Vice Mayor Maria Risto moved the staff recommendation as amended and the motion passed on a roll call vote. The resolutions formally grant the appeals for the Luxe and ARIA projects and preserve the town’s ability to respond to any future controlling appellate authority.
Why it matters: The council’s vote removes an immediate procedural barrier to continued review of the two Los Gatos Boulevard projects and clarifies the town’s current interpretation of SB 330 vesting following the superior court ruling. Council members and residents said they expect rigorous design and safety review to follow and asked staff to press developers for modifications where appropriate.
What’s next: Staff will continue processing both planning applications (CEQA review for Luxe; an environmental impact report in progress for ARIA) and, as directed, will open good‑faith discussions with the ARIA applicant after current litigation finishes.
