Facts

Petitioner 40 Main Street Offices, LLC tried to develop a mixed-use building in downtown Los Altos for many years, submitting multiple proposals all subject to discretionary review by respondents the City of Los Altos, the City of Los Altos City Council, and the City of Los Altos Community Development Department. After respondents rejected petitioners' latest proposal submitted under new, streamlined procedures established by Senate Bill 35, remedial legislation enacted to promote the construction of housing in California, petitioner filed an action for relief in mandate and for declaratory relief. Petitioner's action was consolidated with another action filed against respondents by the California Renters Legal and Education Fund, a housing advocacy group.

PETITIONER'S CONTENTIONS: Petitioner contended the City unlawfully rejected its housing and mixed-use development proposal in violation of Senate Bill 35. Petitioner further alleged respondents violated the Density Bonus Law and the Housing Accountability Act.

RESPONDENTS CONTENTIONS: Respondent denied the allegations.

Result

The court granted the petition for writ of mandate.

Other Information

Consolidated with: 19CV350422