Los Gatos files a trial to clarify the law on the manufacturer’s appeals – The Mercury News

Los Gatos asks a judge to weigh on a contradictory interpretation concerning requests for the manufacturer’s appeal.

The City put legal action last week at the Superior Court of the County of Santa Clara to obtain clarifications concerning the process of requesting remedy housing projects. The manufacturer’s remedy is a controversial provision which allows developers to build a project of all height and size wherever they want in cities which have no housing elements certified by the State.

According to the law on state housing, the promoters have 180 days after submitting a preliminary request to submit a complete request for a remedy housing project, or its preliminary request will expire. After that, they have 90 days to resolve missing information in their applications.

Los Gatos interpreted the law as signifying that there was only one period of 90 days during which developers can remedy all problems with their requests. However, the California Department of Housing and Community Development said that a developer can have successive 90 -day periods to fix its applications that could operate indefinitely. The State Department also threatened to involve the State Prosecutor General to enforce his interpretation.

The mayor of Los Gatos, Matthew Hudes, said that the clarification of this law would ensure that the city may effectively approve requests to make room for essential accommodation.

“This action is necessary to protect the interests of our city and provide an essential clarity,” said Hudes in a press release. “By asking for the aid of the court, we aim to avoid new confusion and to ensure that the actions of the city comply with the law. Without resolving this question, requests could remain indefinitely incomplete, which would only delay the construction of essential housing. “

The question was raised when the requests for two projects in Los Gatos were deemed incomplete and the developers said that they had unlimited time to remedy them. These projects are development that would replace ACE equipment on Boulevard Los Gatos and a proposal for the next phase of the development of North 40.

Hudes said that the city is currently processing requests for a 12 or 13 manufacturers.

Los Gatos plans to build more than 2,400 new units, exceeding 1,993 units mandated by the state. These projects include a development of housing of 155 units on the Los Gatos Lodge site and an independent life project of 185 units for the elderly. In its press release, the city said that requests from nearly 1,700 units have already been approved in the past two years or are being examined.

The city has also agreed to give Newtown developer, a three -story townhouse project, it is time to submit a revised request.

“The aim of this trial is not to stop accommodating the construction in Los Gatos, but rather to know how to comply with the law,” the press release said.

Hudes said he wanted to clarify the difference between the manufacturer’s remedy projects and affordable accommodation, because the first allows applications that do not adhere to local construction and zoning standards.

“The Council represents the interests of the city, not only residents but also owners, business owners, employees, customers and businesses, visitors, as well as those who wish to develop real estate here,” said Hudes. “This is why it is important to have a clarity on this question, and that is why the Council has authorized the continuation of a notice of justice: because we must represent and balance these interests.”