No To Vista Capri

Do you want this in your neighborhood?

What's this all about?

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.

Most would agree that the Bay Area needs more housing, and this location is likely an ideal spot for higher-density housing. But 13 stories is simply too much for this site. Beyond how it looks, a building of this size would funnel a large number of residents, cars, delivery trucks, and visitors onto a road network with very limited access. Capri Drive has only two ways in and out, one of which runs through a neighborhood, meaning most traffic would be forced to use the same route. That raises real concerns about traffic congestion, emergency vehicle access, and evacuation during fires or other emergencies

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.

This website was created by neighbors to share information and help others get involved.

How to get invovled

Involved

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. You can contact anyone on the city council, but the way to have your email on record for this development is by emailing the city planner, Ryan Safty: rsafty@losgatosca.gov. Example email template linked here.

2. Join the mailing list for periodic updates. Email the us at notovistacapri@gmail.com to join

3. We could use help in generating awareness. Are you a neighbor with some time and resources to spread the word? Do you want to hand out some flyers to other neighbors? Want to help make this website look better?

4. When the time comes, join the local Town Council and Planning meetings at City Hall to voice your concerns. We will do our 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

12/16/25 - Town Responds to Developer Legal Challenge

At the December 16, 2025 Town Council meeting, the Council unanimously adopted a formal legal response to a “Challenged Conduct Notice” filed by the developer under the Housing Accountability Act (HAA).

The Town stood by its position, finding that it has acted reasonably and lawfully while continuing to process the application. Town staff emphasized that the same objective standards being applied to this project are consistently required of other housing applications, noting that this is the first challenged conduct notice the Town has received despite processing numerous similar projects.

The Town stated that, due to the project’s density, the application is governed by the 2024 version of the HAA, which allows the Town to require information demonstrating compliance with objective standards. Based on that analysis, the Town concluded that the project does not qualify for the new CEQA exemption created by AB-130, which applies only to projects that fully comply with those standards.

One legal dispute centered on the Town’s requirement for a Conditional Use Permit (CUP). The developer has claimed this is a legislative action that cannot be required, while the Town stated that a CUP is quasi-adjudicative (applying existing standards to a project) and therefore permitted under state housing law.

During public comment, the developer’s representative warned that continued disputes and litigation could be costly for the Town in legal fees and claimed that guidance from state agencies (HCD and the Attorney General) contradicts the Town’s position. The Town Attorney responded on the record that no such correspondence has been received.

Councilmembers clarified that this action was not an approval or denial of the project, but a legally required response under state law. The resolution was adopted unanimously.

12/12/25 - An agenda item has been scheduled for the 12/16/25 Town Council meeting for the Town to formally respond to a legal challenge from the developer’s attorney over how the proposed project at 14288 Capri Drive is being handled. The Council will be asked to approve a written response that could affect how the project moves forward.

10/2/25 - An attorney representing the developer sent a follow-up letter to the Town asserting that the project should be exempt from CEQA under AB-130, a recently adopted state law in 2023 that expanded environmental exemptions for certain housing projects. The letter also challenges what the developer claims are improper fees and application requirements imposed by the Town. Letter can be seen here.

8/14/25 - A Key Issue Is Still Unresolved: Does This Project Need a Conditional Use Permit? In an August 14, 2025 planning update, the Town of Los Gatos made it clear that the proposed project at 14288 Capri Drive is not automatically allowed (“by right”) under the current C-1 (Neighborhood Commercial) zoning and may require a Conditional Use Permit (CUP).

Why this matters: a CUP would mean the project has to go through public hearings and discretionary review, instead of being approved behind the scenes through an administrative process. The developer has argued that state housing laws should exempt the project from needing a CUP, but Town staff has not agreed and continues to list this as an unresolved issue that is preventing the application from being considered complete.

This zoning question remains one of the most important open issues in the review process.

Residents who want to weigh in can contact the Los Gatos Planning Division (rsafty@losgatosca.gov) or share public comment if and when the project is discussed at a Town Council or Planning Commission meeting.

3/1/25 - Launch of this website

1/14/25 - We met with Los Gatos City Planner Ryan Safty to better understand the status of the application. Key takeaways:

A project application must be deemed complete by the Town before formal review can proceed.
Because the developer is asserting Builder’s Remedy, they argue the project does not need to comply with local zoning standards.
However, even under Builder’s Remedy, projects must still comply with objective design and safety standards, and the Town has identified several areas where those standards have not yet been met.
The developer is disputing some of these requirements and has involved legal counsel in ongoing discussions with the Town.

If CEQA applies, the applicant would be required to fund third-party consultants retained by the Town to evaluate environmental impacts such as traffic, circulation, and other site-specific issues. The developer is currently arguing that CEQA does not apply and does not want to proceed with environmental review unless the application is first deemed complete. When required, the CEQA process can take six months or longer, depending on the level of review.

If environmental review is completed and the application moves forward, the project would be heard by the Planning Commission, and potentially the Town Council. If the Town denies or conditions the project, the developer could appeal to the State Housing and Community Development Department (HCD) and ultimately to California Superior Court

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.

How can this be happening?

How

The following is the best of our understanding. We are not legal experts, so some of these details may be off

In California, cities are required under state housing law to adopt a Housing Element every eight years. This plan must show how the city will meet its state-assigned housing goals and must be certified by the State of California. The most recent deadline was January 31, 2023. Los Gatos did not receive certification by that deadline, and after significant back and forth, its Housing Element was ultimately approved by the state on July 10, 2024.

When a city fails to certify its Housing Element on time, a provision known as Builder’s Remedy is triggered. Builder’s Remedy allows qualifying housing projects to bypass local zoning rules—including height and density limits—so long as the project includes sufficient affordable housing (typically at least 20% low-income units or 100% moderate-income units).

In addition, Governor Newsom signed the Housing Crisis Act of 2019 (SB 330), which limits a city’s ability to delay, downzone, or add new restrictions to housing projects once an application has been submitted.

In this case, the developer submitted their application in April 2024, before Los Gatos’ Housing Element was certified. Because of this timing, the developer is asserting the right to proceed under Builder’s Remedy, even though the Housing Element was approved shortly afterward. Under current state law, those rights are generally considered grandfathered in, even if the city later becomes compliant.

So what limits still apply? While Builder’s Remedy allows projects to exceed local zoning and height limits, it does not remove all requirements. Projects must still comply with objective standards, including fire safety, emergency access, building and seismic codes, FAA height restrictions, and other measurable safety regulations. Projects may also be subject to the California Environmental Quality Act (CEQA), a state law that requires public agencies to study and disclose a project’s environmental impacts—such as traffic, safety, noise, air quality, and evacuation—and, when necessary, take steps to reduce those impacts. Developers sometimes claim their projects are exempt from CEQA, but whether an exemption applies depends on the specific conditions of the site and the real-world impacts of the project, not just the size or type of development.

If the city determines that the project fails to meet these objective or safety standards, the developer can appeal to the State Housing Department and, ultimately, the courts. This is where community input matters. Emails to the City Planner and Town Council become part of the official record, and raising concerns about traffic, emergency access, evacuation, and safety helps ensure these issues are fully evaluated.

Our hope is that this project is found not to meet basic safety or environmental requirements and is either significantly reduced or denied. As of early 2025, we've heard from City members that they are not supportive of this project at its current scale, which makes community input especially important.

The most effective thing residents can do is email the City Planner (rsafty@losgatosca.gov) so concerns are on the official record, and show up at Town Council and Planning Commission meetings. That pressure helps ensure the Town does not rubber-stamp a project that is clearly out of scale for this location.

If the City pushes back, the developer may appeal to state housing officials (HCD) and eventually the courts. Our hope is that, if it comes to that, they will look at the height, access, and safety constraints and conclude this proposal goes far beyond what makes sense for this site, forcing the developer to come back with something more reasonable.

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"

And here: Document Center • Los Gatos • CivicEngage