110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/21/2026
ITEM NO: 9
DESK ITEM
DATE: April 21, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Following a Court Order, Hear the Appeals Submitted by Applicants for (1) Luxe and (2) Arya Projects Regarding Government Code Section 65941.1’s Deadline for Submittal of Complete Planning Applications for Proposed Projects at (1) 14849 Los Gatos Boulevard, and (2) 15300 and 15330 Los Gatos Boulevard
REMARKS:
Attachment eleven contains the staff presentation. Attachment twelve contains public comments received before 11:00 a.m. on Tuesday, April 21, 2026.
Attachments Previously Received with the Staff Report:
1. Incompleteness Letter for 14849 Los Gatos Boulevard
2. Incompleteness Letter for 15300 and 15330 Los Gatos Boulevard
3. Appeal Submitted for 14840 Los Gatos Boulevard
4. Appeal Submitted for 15300 and 15330 Los Gatos Boulevard
5. Correspondence from Town Attorney to Counsel for Applicants
6. Superior Court Order
7. Resolution Granting Appeal for 14849 Los Gatos Boulevard
8. Resolution Granting Appeal for 15300 and 15330 Los Gatos Boulevard Attachments Previously Received with an Addendum:
9. Revised Resolution Granting Appeal for 15300 and 15330 Los Gatos Boulevard
10. Public comments received before 11:00 a.m. on Monday, April 20, 2026.
Attachments Received with this Desk Item:
11. Staff Presentation
12. Public comments received before 11:00 a.m. on Tuesday, April 21, 2026.
Hear Appeals Submitted Re
Statutory Interpretation of
Government Code Section
65941.1
Town Council Meeting
April 21, 2026
Presented by Gabrielle Whelan, Town Attorney
ATTACHMENT 11
BACKGROUND
This agenda item is to hear appeals regarding the
proper statutory interpretation of Government
Code Section 65941.1 from the applicants for the
Luxe and Arya project.
It is NOT a hearing on the merits of either
project.
Government Code Section 65941.1
Section 65941.1 authorizes housing
project applicants to submit a Senate Bill
330 “preliminary application”
An SB 330 “preliminary application” vests
an applicant to the Town regulations that
were in effect at the time the preliminary
application was submitted
Government Code Section 65941.1
Section 65941.1(e)(1) provides: “Within
180 calendar days after submitting a
preliminary application with all of the
information required . . . to a city . . . , the
development proponent shall apply for a
development project that includes all of
the information required to process the
development application . . . .
Government Code Section 65941.1(e)(2)
Section 65941.1(e)(2) provides: “If the public agency
determines that the application . . . is not complete
pursuant to Section 65943, the development
proponent shall submit the specific information
needed to complete the application within 90 days of
receiving the agency’s written identification of the
necessary information. If the development
proponent does not submit this information within
the 90-day period, then the preliminary application
shall expire and have no further force and effect.
Government Code Section 65941.1
Section 65941.1(e)(2) could be
read to provide for a single 90-day
period following the initial 180-
day period in which to render a
planning application complete
and retain vesting
Government Code Section 65941.1
But, recognizing that the
statute was not clear, the
Town sought a judicial
determination
Appeals
Pending receipt of a judicial
determination, applicants for the
Arya and Luxe housing
developments appealed a
statement from staff regarding the
potential impact of the Town’s
statutory interpretation
Appeals
Town staff continued processing both
planning applications pending a
judicial determination
Town stated that it would hold the
appeal hearings after the judicial
determination had been issued
Judicial Determination Obtained
On January 29, 2026, the Superior
Court ruled that Section 65941.1
provides for unlimited 90-day
periods in which to render
planning applications complete
and retain project vesting
Appeal Hearing
This appeal hearing was
rescheduled from April 7th in order
to accommodate applicant
representative
Current Status of Projects
Luxe:
CEQA initial study pending
applicant’s resubmission of traffic
report based on peer review
comments
Applicant to provide items requested
by visual simulation consultant
Current Status of Projects
Arya:
CEQA - EIR being prepared
Applicant’s team notified staff that
modifications are forthcoming and staff is
awaiting applicant’s resubmittal
Town traffic consultant reviewing
applicant’s 4/6/26 response to peer
review comments
RECOMMENDATIONS
In accordance with the Superior Court order,
staff is recommending that the Town Council
grant the appeals submitted by the applicants
for the Luxe and Arya projects
Town staff will continue to process both
planning applications
QUESTIONS?
From: Kelsey Stillinger
To: Rob Moore; Maria Ristow; Mary Badame; Rob Rennie; Matthew Hudes Cc: Clerk
Subject: Arya Proposal
Date: Tuesday, April 21, 2026 8:13:38 AM
[EXTERNAL SENDER]
Council Members,
I’m writing with concern about the height of the Arya Proposal at the current Ace Hardware location. A 7 story building is totally out of character for the town as a whole and especially on the Blvd. A building this tall will both figuratively and literally cast a shadow on the surrounding neighborhoods.
Please considering limiting the height to the 2 or 3 story buildings that are much more common in town.
Thank You,
Kelsey Stillinger
Los Gatos resident since 1981
ATTACHMENT 12