Danville · Contra Costa · Bay Area

Anderson Ranch Builder's Remedy Subdivision

Litigated

Parcel B of SD 6196, on the hillside above the Anderson Ranch neighborhood, Danville, CA

Project type
For-Sale Residential
Units proposed
38
Date filed
July 11, 2023
Date denied
June 18, 2024
Delay
39 months
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Ido Adler, who has owned the land with Einat Adler since 2021, filed a builder's remedy preliminary application on July 11, 2023 to subdivide Parcel B of SD 6196, a parcel of about 47 acres on the hillside above and north of the Anderson Ranch neighborhood in Danville (town file SD 9673). The land is designated General Open Space, which "allows for no development," and access would come from an extension of Hill Meadow Drive across land owned by the Anderson Ranch Single Family Owners Association. Town records from 2024 describe 30 lots; later press accounts and the owners' 2026 complaint describe 38 units, at least 20 percent for low- to moderate-income households. Danville lacked a compliant housing element when the preliminary application was filed; HCD found it in substantial compliance on April 9, 2024. The town found the formal application incomplete on January 19 and May 16, 2024, citing missing access and utility easements and a landslide repair plan, and on June 18, 2024 the Town Council denied Adler's appeal 5-0; staff said the 2023 preliminary application would then expire. Adler sued in November 2024. After a tentative ruling in May 2025, the council rescinded its incompleteness finding on June 17, 2025, and on July 11, 2025 Contra Costa County Superior Court Judge Danielle Douglas ruled that the town had violated the Permit Streamlining Act and the Housing Accountability Act and that the 2023 rules, including the builder's remedy, apply. The project still has no legal access. In a separate suit over the easement, a judge tentatively denied Adler's motion on August 17, 2026, finding the easement's scope disputed.

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Upcoming decision
Easement case · Contra Costa County Superior Court
Date not yet set
Builder's remedy applicationApplication completeness dispute

A judge ruled in July 2025 that Danville violated state law by deeming the application incomplete. The remaining fight is the owner's suit against the neighborhood HOA over the access easement; town staff say site studies cannot proceed until it resolves.

Timeline

July 11, 2023Owner Files Builder's Remedy Preliminary Application

Filed while Danville lacked a compliant housing element. The formal application follows on Dec. 22, 2023.

Town of Danville
January 19, 2024Town Deems Subdivision Application Incomplete

The letter lists eight deficiencies.

Town of Danville
April 9, 2024State Certifies Danville Housing Element

HCD finds the housing element in substantial compliance.

Town of Danville
May 16, 2024Second Incompleteness Notice Issued

Cites missing access and utility easements and a landslide repair plan.

Town of Danville
June 18, 2024Council Denies Appeal 5-0

Resolution 44-2024. Staff said the 2023 preliminary application would then expire.

Town of Danville
November 1, 2024Adler Sues Danville

Filed in November 2024 in Contra Costa County Superior Court, with Permit Streamlining Act and Housing Accountability Act claims.

Danville San Ramon
June 17, 2025Council Rescinds Incompleteness Finding

Resolution 47-2025 passes on consent, 5-0, after a May tentative ruling; the application is declared complete.

Town of Danville
July 11, 2025Judge Rules Town Violated Two State Housing Laws

Judge Danielle Douglas finds violations of the Permit Streamlining Act and the Housing Accountability Act; the 2023 rules, including the builder's remedy, apply.

Pleasanton Weekly
August 17, 2026Court Tentatively Denies Adler Easement Motion

In the easement case against the homeowners association, the judge finds the easement's width disputed: 55 feet claimed, 28 to 40 feet possible.

Contra Costa Superior Court

Who was involved

Supporting
Clark Morrison
Cox, Castle & Nicholson
Appeal counsel

Told the council on June 18, 2024 that everything the town requested had been provided.

Ido Adler
Owner (with Einat Adler) and applicant

Complaint: "Many local agencies are hostile to Builder's Remedy projects that seek to develop housing that would not have been permissible had the local agency maintained a compliant Housing Element."

Opposing
Danville Town Council
Denied the appeal 5-0 (2024); rescinded the incompleteness finding (2025)

Minutes, June 18, 2024: "The Town Council expressed support for denying the appeal due to an incomplete development application."

David Crompton
Town of Danville
Chief of planning

"The clear purpose of requiring this information is to determine whether the development can be carried out as proposed."

Linda Danis
Resident

"Mr. Adler purchases land knowing he cannot build on it and that it is zoned as open space."

Anderson Ranch Single Family Owners Association
Owns the access land; defendant in the easement suit

Through attorney Allan Moore, told the town it opposes the project and will not grant easements.

Deciding
Judge Danielle Douglas
Contra Costa County Superior Court

"The court finds that the town's disapproval under the HAA constituted a prejudicial error." (July 11, 2025)

Judge Leonard E. Marquez
Contra Costa County Superior Court (easement case C23-02697)

Tentative ruling, Aug. 17, 2026: "the scope of the easement is not undisputed."

How it was obstructed

Builder RemedyBuilder's Remedy
Invoked by Town of Danville · January 19, 2024

Repeated incompleteness findings, upheld 5-0 on appeal, would have let the 2023 builder's remedy vesting lapse. The town rescinded them on June 17, 2025 after a tentative ruling, and the court found that the town violated the Permit Streamlining Act and the Housing Accountability Act.

Obstruction failedAdded 17 months of delay

Decisions

Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.

DateBodyActionVoteStaff recommendationSource
January 19, 2024Staffdeemed application incomplete
First incompleteness letter, listing eight deficiencies.
—NoneTown of Danville
May 16, 2024Staffdeemed application incomplete
Second incompleteness letter, citing access and utility easements and a landslide repair plan.
—NoneTown of Danville
June 18, 2024City Councilappeal rejected
Denied the applicant's appeal of the incompleteness determination (Resolution 44-2024).
5–0UnknownTown of Danville
July 11, 2025Courtruling issued
Ruled that the town violated the Permit Streamlining Act and the Housing Accountability Act.
—UnknownPleasanton Weekly

Sources