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Who Killed the Building? · Case brief · October 22, 2026

Vista Capri (14288 Capri Drive)

Los Gatos · Santa Clara County · California · https://whokilledthebuilding.com/projects/los-gatos-vista-capri-2024

Vista Capri is a proposed 13-story, 171-foot building with 119 apartments, 24 of them for low-income households, on a 0.53-acre lot at 14288 Capri Drive in Los Gatos, a wedge of land zoned C-1 (Neighborhood Commercial) that backs onto Winchester Boulevard near Highway 85. The owner, Los Gatos LLC, is a Fullerton company formed by developer Ben Eilenberg, who bought the site for $1.7 million in late 2023. The preliminary application was filed March 5, 2024, before HCD certified the town's housing element on July 10, 2024, and the project claims the protections of the builder's remedy. The formal application followed on August 23, 2024. Staff reviewed it four times before deeming it complete effective September 17, 2025, and the same letter said that under the town's reading of Government Code Section 65941.1(e), a question the town had asked a court to decide, the preliminary application's vesting had expired; the town offered to keep processing the application at the applicant's own risk. Staff also required a conditional use permit for multifamily housing in the C-1 zone, deposits of $2,750 and $8,250 for peer review by the town's consulting arborist and architect, details on below-market-price units, and CEQA review; the applicant says the AB 130 infill exemption applies. Los Gatos LLC sued the town in July 2025 and on December 5, 2025 filed a second amended petition in Santa Clara County Superior Court that also argues the town's housing element is likely invalid. The applicant filed a challenged conduct notice under the Housing Accountability Act on October 2, 2025, and on December 16, 2025 the council unanimously adopted findings rejecting it. The findings say the project is a builder's remedy project only under the 2024 version of the law, because its 119 units exceed the 77 the 2025 version would allow, and that the town may apply objective standards in effect when the preliminary application was filed. No hearing on the project and no court ruling had been reported as of October 2026.

Project facts

JurisdictionLos Gatos, Santa Clara County
StatusLitigated
Project typeMultifamily Rental
Address14288 Capri Drive, Los Gatos, CA 95032
Units proposed119
Affordable units24
Floors13
Date filedMarch 5, 2024
Delay31 months
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

Court · Santa Clara County Superior Court

Timeline

DateEventWhat the record shows
March 5, 2024Builder's Remedy Preliminary Application FiledThe applicant files a preliminary application for 14288 Capri Drive before HCD certifies the town's housing element. Town of Los Gatos: https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-001-378ac4f8a22247cea82eab750bb21a5e.pdf
August 23, 2024Formal Application Filed for 119 ApartmentsArchitecture and Site Application S-24-044 seeks to replace a commercial building with a 119-unit residential building. Town of Los Gatos: https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-001-378ac4f8a22247cea82eab750bb21a5e.pdf
July 17, 2025Developer Sues Los GatosThe Real Deal, citing the East Bay Times, reports that Los Gatos LLC has sued the town over its application requirements. The Real Deal: https://therealdeal.com/san-francisco/2025/07/17/developer-files-lawsuit-against-los-gatos/
September 17, 2025Town Deems Application Complete, Says Vesting ExpiredThe fifth staff review finds the application complete and lists inconsistencies. It says that under the town's reading of Gov. Code 65941.1(e) the preliminary application's vesting has expired, pending a court ruling. Town of Los Gatos: https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-002-94ff388d391b4283af69f60e46a2ad73.pdf
October 2, 2025Developer Files Challenged Conduct NoticeEilenberg invokes the Housing Accountability Act process against the town's requirements for a conditional use permit, peer-review deposits, affordable-unit details and environmental studies. Town of Los Gatos: https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-001-378ac4f8a22247cea82eab750bb21a5e.pdf
December 5, 2025Amended Petition Attacks Housing ElementLos Gatos LLC's second amended petition in Santa Clara County Superior Court also argues that the town's housing element is likely invalid. Los Gatan: https://losgatan.com/did-los-gatos-housing-element-suddenly-fall-out-of-compliance/
December 16, 2025Council Rejects Developer's Obstruction ClaimThe council unanimously approves a resolution rejecting the developer's claim that town planners are obstructing the project. San Jose Spotlight: https://sanjosespotlight.com/developer-for-los-gatos-project-warns-of-legal-costs/

Decisions

DateBodyActionVoteStaff rec.Source
December 5, 2025Courtlawsuit filed
Second amended petition in Los Gatos LLC's suit against the Town of Los Gatos, Santa Clara County Superior Court. The suit was first filed in July 2025.
—UnknownLos Gatan: https://losgatan.com/did-los-gatos-housing-element-suddenly-fall-out-of-compliance/

Sources

  1. Developer sues Los Gatos over builder's remedy dispute, The Real Deal (Chris Malone Méndez), July 17, 2025 [News Article]. https://therealdeal.com/san-francisco/2025/07/17/developer-files-lawsuit-against-los-gatos/
  2. Fifth Staff Technical Review Comments, 14288 Capri Drive (S-24-044), Town of Los Gatos (Ryan Safty), September 17, 2025 [Planning Document]. https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-002-94ff388d391b4283af69f60e46a2ad73.pdf
  3. Council agenda report, Item 18: Statement and Findings in response to a Challenged Conduct Notice, 14288 Capri Drive, Town of Los Gatos (Gabrielle Whelan), December 12, 2025 [Planning Document]. https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-007-aef25be860ad4d4fabab7d763c506779.pdf
  4. Town Council agenda, Dec. 16, 2025, Town of Los Gatos, December 16, 2025 [Planning Document]. https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=88d6357a03194ca9bfb4dacf516e8760&ip=True
  5. Draft resolution and Exhibit A findings in response to the Oct. 2, 2025 Challenged Conduct Notice, 14288 Capri Drive, Town of Los Gatos, December 16, 2025 [Planning Document]. https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-88d6357a03194ca9bfb4dacf516e8760/ITEM-Attachment-001-378ac4f8a22247cea82eab750bb21a5e.pdf
  6. Did Los Gatos' Housing Element suddenly fall out of compliance?, Los Gatan (Drew Penner), December 18, 2025 [News Article]. https://losgatan.com/did-los-gatos-housing-element-suddenly-fall-out-of-compliance/
  7. Developer for Los Gatos project warns of legal costs, San Jose Spotlight (Mike Langberg), December 23, 2025 [News Article]. https://sanjosespotlight.com/developer-for-los-gatos-project-warns-of-legal-costs/
  8. 'Will cost the town dearly': Los Gatos warned against fighting builder's remedy project, Piedmont Exedra (from San Jose Spotlight) (Mike Langberg), December 26, 2025 [News Article]. https://piedmontexedra.com/2025/12/will-cost-the-town-dearly-los-gatos-warned-against-fighting-builders-remedy-project
  9. No To Vista Capri, No To Vista Capri (neighbors' website) [Other]. https://www.notovistacapri.com/

Data quality

Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.