No To Vista Capri
Do you want this in your neighborhood?
What's this all about?
Out of town developers are proposing to build a 13 story, 167 foot tall apartment complex in a residential neighborhood. This is far outside the zoning limits of 45 feet and vastly taller than any building nearby. The next closest building close to this height is the Pruneyard Tower standing at 17 stories.
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Most would agree that the Bay Area would benefit from more housing, and this location is likely an ideal spot for higher density housing. But 13 stories is too much. It will be an eyesore for miles, obstructing the view of neighbors in both Campbell and Los Gatos. Traffic will be an issue as well with limited access to that location from Capri and Knowles.
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Location: The proposed location is at 14288 Capri Dr, Los Gatos, CA. This narrow triangular shaped lot is on Winchester, near 85 and Knowles Ave. It's across the street from the now vacated Roku building. The lot currently has a business selling outdoor decorations. Previously it was a Fruit Stand, Pumpkin Patch, and Christmas Tree Lot. If you drive on Winchester near 85, you pass it every day.
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The purpose of this website is fairly simple:
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1. Generate awareness and keep neighbors informed
2. Find neighbors who want to get involved
How to get invovled
1. You can email the planning department of Los Gatos and your email will be put on official record (your last name and email address redacted). These emails will be shared with the Planning Department and Town Council when it comes time to review the proposal. Email the city planner, Ryan Safty: rsafty@losgatosca.gov. Example email template linked here.
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2. Email me at notovistacapri@gmail.com to be added to a mailing list. I'll send out periodic updates to keep you informed
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3. I'm looking for help! Are you a neighbor with some time and resources to rally more neighbors? Do you want to hand out some flyers to other neighbors? Are you a lawyer or someone more familiar with various planning approvals? Want to help make this website look better?
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4. When the time comes, join the local Town Council and Planning meetings at City Hall to voice your concerns. I will do my best to update this website and via the email list whenever there is a public meeting on this development.
5. You can also sign up for alerts to see published agendas for Town Council and Planning Commission meetings through Los Gatos' website. To do so, go to the Notify Me section of their website and sign up for "Agenda - Town Council" and "Agenda - Planning Commission." You'll get a notification where you can quickly scan the agenda for "14288 Capri" in bold font to see if it's going to be discussed.
Updates
3/1/25 - Launch of this website
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1/14/25 - Met with the Los Gatos City Planner for this project, Ryan Safty. Here is what I learned:
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Applications have to be marked complete and then also consistent with local zoning. Because of Builder's Remedy, the developer is saying they do not need to be consistent. The application is not marked complete because the developer has not finished all of the requirements from the initial city response. There are still "Objective Design Standards" that have not been met. In fact, they are protesting that they don't need to do some of these things because of Builder's Remedy. The developer's lawyers are involved in many of these meetings.
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Next the applicant would have to pay for city appointed consultants to do the CEQA review (environmental, traffic, etc.) The applicant currently does not want to do this until the application is marked complete from the city. Apparently the CEQA process once started takes 6 months. The CEQA components that may be difficult for the developer are traffic as well as aesthetics of the Environmental Impact Report (EIR).
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After CEQA is approved, then it would go to a hearing with the planning commission. If there isn't alignment between the developer and planning commission, it would go to the Town Council. If the Town Council doesn't approve, it could be appealed to the State Superior Courts.
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There are other similar developments popping up throughout California that are worth following. Cities are looking to other cities to see how they are pushing back and paying attention to court cases.
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How can this be happening?
The following is the best of my understanding. I'm not a legal expert, so some of these details may be off
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In California there is a Housing Element Law through the Housing Accountability Act. This requires every city in CA to create a plan (called a "Housing Element") every 8 years. These Housing Elements must show how the cities are increasing their housing supply and need to be approved by the state. The most recent deadline was 1/31/2023. Los Gatos failed to get theirs approved in time. After some back and forth, it was certified by the state on 7/10/24.
If a city fails to get their Housing Element approved in time, "Builder's Remedy" is triggered which allows developers to bypass zoning laws and build projects so long that at least 20% of the units are affordable.
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In addition, Gavin Newsom signed the Housing Crisis Act of 2019, SB 330, which made it more difficult for cities to slow down or impose new restrictions on housing developments.
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The developer in this case submitted their preliminary approval in April of 2024 before the Housing Element was approved which allows them to use Builder's Remedy. Due to the low-income nature of the units, it allows them to go beyond density limits as well as the height limits. Despite the fact that the Housing Element was approved soon after, and even though the developer's submission was preliminary, they are grandfathered in.
So, what can be done? It's not exactly clear. Builder's Remedy does not have any height limits. Legally, the development would have to pass California Building Codes, California Enviornmental Quality Act (CEQA), FAA Height Restrictions, and Objective Design Standards such as fire safety, earthquake safety, and aesthetic or design rules. If the city shows that the developer does not pass these, the developer could challenge to the state housing department, and it could end up in the California Superior Courts to decide.
What I'm hoping for: ideally the project doesn't meet some Objective Design Standard or doesn't pass CEQA. However, if it does, the next step would be the city still denying the approval. This is where we can help by emailing the City Planner (rsafty@losgatosca.gov), showing up at Town Hall meetings, and putting pressure on the city to reject. As of early 2025, I've heard from city members that they are not supportive of this project. From there the Developer would likely appeal to the State HCD and eventually the Superior Court. Hopefully the courts would view this as far beyond reasonable for the area and ask the developer to come up with something new.
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You can view all of the Developer's submitted documents as well as the city's responses at this link:
Pending Planning Projects | The Los Gatos CA Official Site! - Scroll to "14288 Capri Dr"
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And here: Document Center • Los Gatos • CivicEngage
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