110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/16/2025
ITEM NO: 18
DESK ITEM
DATE: December 16, 2025
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt by Resolution “Statement and Findings” in Response to a Challenged Conduct Notice Submitted Regarding a Planning Application for the Proposed Project at 14288 Capri Drive.
REMARKS:
Attachment 7 contains public comment received after 11:00 a.m. on Monday, December 15, 2025, and before 11:01 a.m. on Tuesday, December 16, 2025.
Attachments Previously Received with the Staff Report:
1. Housing Accountability Act, Government Code Section 65589.5 (2024)
2. Housing Accountability Act, Government Code Section 65589.5 (2025)
3. Applicant’s Challenged Conduct Notice, dated October 2, 2025
4. Fifth Staff Technical Review Comments – Planning Division, dated September 17, 2025
5. Resolution with Statement and Findings in Response to Challenged Conduct Notice, including Exhibit A and associated Attachments A to G
Attachments Previously Received with the Addendum:
6. Public Comment
Attachments Received with this Desk Item:
7. Additional Public Comment
1 From: Micall Stottrup
Sent: Monday, December 15, 2025 2:44 PM
To: Rob Moore <[email protected]>; Ryan Safty <[email protected]> Subject: Support for Town’s Legal Response on 14288 Capri Drive [EXTERNAL SENDER]
Dear Mayor and Town Councilmembers,
I am writing as a resident to express my support for the Town’s legal response to the developer’s challenged conduct notice regarding the proposed project at 14288 Capri Drive.
I appreciate the Town’s careful and good-faith application of its zoning and environmental laws, including the determination that issues such as zoning consistency, CEQA applicability, and the need for discretionary review should be evaluated thoughtfully rather than assumed away. While state housing laws are important, their outer limits and reasonableness are not always clearly defined, and it is appropriate for the Town to exercise its judgment and, if necessary, defend that position.
I encourage the Council to stand firm behind staff and the Town Attorney’s recommendation and to apply the Town’s standards consistently and transparently.
Thank you for your service and for your careful consideration of this matter.
Sincerely,
Micall & Stephen Carvalho
Capri Area Resident
ATTACHMENT 7