Los Gatos · Santa Clara · Bay Area

The Arya and The Luxe: Los Gatos Boulevard Builder's Remedy Projects

Litigated

15300 and 15330 Los Gatos Boulevard (The Arya) and 14849 Los Gatos Boulevard (The Luxe), Los Gatos, CA 95032

Project type
Mixed-Use
Units proposed
295
Date filed
August 30, 2023
Delay
37 months
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Two builder's remedy applications on Los Gatos Boulevard have been in dispute since 2023. The Arya, from Arya Properties LLC, would put 175 units in a mixed-use project on the Ace Hardware site at 15300 and 15330 Los Gatos Boulevard. The Luxe, from Los Gatos Boulevard Properties LLC, would put 120 units over commercial space at 14849 Los Gatos Boulevard in the North 40 area. Together they total 295 units, 59 of them affordable (35 at the Arya and 24 at the Luxe, per the Los Gatan), at heights of more than 116 feet and about 146 feet. The applicants, owned by Ali Moayed, filed preliminary applications in the second half of 2023, when the town had no compliant housing element; HCD certified it on July 10, 2024. The town found each formal application incomplete three times in 2024, and staff then took the position that the projects' vested rights may have expired because an applicant gets only one 90-day period to cure. The developers appealed, and on March 28, 2025 the town sued them, asking a court to confirm its reading. Both applications were deemed complete on April 16, 2025, and the town says processing continued during the suit. On January 29, 2026, Santa Clara County Superior Court Judge Helen E. Williams rejected the town's single-window reading, finding that each incompleteness determination opens a new 90-day period. The order is not a final judgment. On April 21, 2026 the council granted both appeals, 3-2. Both projects are now in environmental review: an EIR for the Arya and an initial study for the Luxe. Filing dates differ between town staff and court records; this entry uses the staff dates.

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Upcoming decision
Final judgment and possible appeal · Santa Clara County Superior Court
Date not yet set
Builder's remedy applicationApplication completeness dispute

The town sued its own applicants claiming their applications had expired. On Jan 29, 2026 Judge Helen Williams ruled for the developers, holding that each resubmittal restarts the 90-day window; in April the council granted the Luxe and Arya appeals. The town may appeal once judgment is final. Capri (119 units) is a separate pending claim.

Timeline

August 30, 2023Luxe Files Builder's Remedy Preliminary Application

Filed for 14849 Los Gatos Boulevard while the town lacked a compliant housing element. Court records give Sept. 12 or 13, 2023.

Town of Los Gatos
November 7, 2023Arya Files Builder's Remedy Preliminary Application

Filed inside the town's compliance gap, which the court later put at Feb. 1, 2023 to July 10, 2024.

Town of Los Gatos
July 10, 2024State Certifies Los Gatos Housing Element

HCD finds the housing element in substantial compliance.

Town of Los Gatos
December 23, 2024Town Finds Arya Incomplete a Third Time

The Luxe's third incompleteness finding came Nov. 20, 2024. Staff then said the projects' vesting may have expired.

Town of Los Gatos
March 28, 2025Town Sues Applicants Over Cure Period

Case 25CV462276 asks for a ruling that an applicant gets only one 90-day period to complete an application.

Los Gatan
April 16, 2025Both Applications Deemed Complete

The town says processing continues while the suit is pending.

Town of Los Gatos
September 5, 2025Housing Groups File Amicus Brief

YIMBY Law, the California Housing Defense Fund and Californians for Homeownership back the developers.

YIMBY Law
January 29, 2026Judge Rejects Town's Single-Window Reading

Judge Helen E. Williams rules that each incompleteness finding opens a new 90-day period and denies the town's motion.

Los Gatan
April 21, 2026Council Grants Arya and Luxe Appeals, 3-2

Council members Badame and Hudes dissent, and a Hudes motion to delay two weeks fails. The council ties further Arya talks to the end of the litigation.

Town minutes

Who was involved

Supporting
Arya Properties LLC
Arya Properties LLC and Los Gatos Boulevard Properties LLC (owner Ali Moayed)
Applicants for The Arya (175 units) and The Luxe (120 units)

Owner Ali Moayed declined to comment to San Jose Spotlight.

California Housing Defense Fund
California Housing Defense Fund (CalHDF)
Amicus

Joined the Sept. 5, 2025 amicus brief backing the applicants.

California Department of Housing and Community Development
State of California
Guidance cited in the litigation

In a Beverly Hills letter cited in the Los Gatos case, HCD said "the 90-day period to submit information to complete a full application reset after each incompleteness determination."

Californians for Homeownership
Californians for Homeownership (CFH)
Amicus

Joined the Sept. 5, 2025 amicus brief backing the applicants.

YIMBY Law
YIMBY Law
Amicus, with CalHDF and Californians for Homeownership

Amicus brief (Sept. 5, 2025): "a story of state housing law working as intended to produce new housing while a resentful Town tries to gum up the process."

Travis Brooks
Miller Starr Regalia
Counsel for the applicants

"The court reached the right decision." (Jan. 30, 2026)

Opposing
James Lyon
Resident

"These scales were designed to exploit builder's remedy's unlimited height override."

Gabrielle Whelan
Town of Los Gatos
Town attorney

"allowing unlimited 90-day periods within which to complete the application will delay rather than speed up the production of housing in Los Gatos"

Town of Los Gatos
Plaintiff in a declaratory relief suit against the applicants

Sued the applicants on March 28, 2025 (case 25CV462276), seeking a ruling that only one 90-day cure period exists. Mayor Matthew Hudes: "Without resolution of this issue, applications could remain incomplete indefinitely."

Deciding
Judge Helen Williams
Santa Clara County Superior Court
Santa Clara County Superior Court

Ruled Jan. 29, 2026 that each incompleteness determination opens a new 90-day period and denied the town's motion: "there is no evidence before the court on this motion of the parade of horribles offered by the Town"

How it was obstructed

Builder RemedyBuilder's Remedy
Invoked by Town of Los Gatos · January 30, 2025

After three incompleteness findings per application, staff took the position that the projects' builder's remedy vesting had lapsed, and the town sued the applicants for a declaration. The court rejected the town's reading on Jan. 29, 2026, and the council granted the appeals on April 21, 2026.

Obstruction failed
Invoked by Town of Los Gatos · December 1, 2025

The town requires an EIR for the Arya (notice of preparation in December 2025) and an initial study for the Luxe, pending traffic data.

Outcome pending

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
December 23, 2024Staffdeemed application incomplete
Third incompleteness determination for The Arya; The Luxe's third came Nov. 20, 2024.
—NoneTown of Los Gatos
January 29, 2026Courtruling issued
Ruled that each incompleteness determination opens a new 90-day period; denied the town's motion. Not a final judgment.
—UnknownLos Gatan
April 21, 2026City Councilappeal upheld
Granted the applicants' appeals for The Arya and The Luxe (Resolutions 2026-020 and 2026-021).
3–2UnknownTown minutes

Sources

Amicus briefs
YIMBY Law
Housing element
Town of Los Gatos