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

Silver Oaks Senior Housing (10728 and 10758 Mora Drive)

Los Altos Hills · Santa Clara County · California · https://whokilledthebuilding.com/projects/los-altos-hills-silver-oaks-2023

Developer Forrest Linebarger bought two adjoining parcels at 10728 and 10758 Mora Drive in 2006 for $2.87 million and first pursued single-family homes; the town of Los Altos Hills annexed the property over his objection in 2012. In early 2023, before HCD certified the town's housing element on May 30, 2023, he proposed builder's remedy projects of a five-story, 44-unit condominium building on each 0.4-acre lot. The project later became Silver Oaks Senior Housing, revised in May 2025: 62 senior units (30 and 32 per site), six of them for extremely low-income households. Staff described five stories over a two-level podium, more than 80 feet tall; the General Plan allows one unit per acre on these sites. On June 18, 2025 the council voted 5-0 to deny both projects, adopting findings under the Housing Accountability Act (Gov. Code 65589.5(d)) that cited density and fire and evacuation dangers: the area was designated a Very High Fire Hazard Severity Zone in May 2025, and Mora Drive is the only access and evacuation route. The California Housing Defense Fund and Linebarger sued in Santa Clara County Superior Court on September 15, 2025, alleging the town misused CEQA to delay the project and unlawfully denied it. No hearing or ruling has been reported. Whether the 2025 version kept builder's remedy status is unclear; the minutes say the applicant dropped its state density bonus claims. Tenure (rental or for-sale) is not stated in 2025 sources, so the project type is left blank. The lawsuit date comes from an undated Town Crier story whose context places it in 2025.

Project facts

JurisdictionLos Altos Hills, Santa Clara County
StatusLitigated
Address10728 and 10758 Mora Drive, Los Altos Hills, CA 94024
Units proposed62
Affordable units6
Date deniedJune 18, 2025
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

City Council · Court · Santa Clara County Superior Court

Timeline

DateEventWhat the record shows
February 17, 2023Builder's Remedy Plans Reported for Mora Drive LotsThe Los Altos Town Crier reports plans for a five-story, 44-unit condominium building on each 0.4-acre lot under the builder's remedy. Los Altos Town Crier: https://www.losaltosonline.com/news/two-los-altos-hills-property-owners-testing-state-s-builder-s-remedy/article_cf87064e-aee8-11ed-ac4d-2b380900f5ef.html
May 30, 2023State Certifies Town Housing ElementHCD finds the Los Altos Hills housing element in substantial compliance. Town of Los Altos Hills: https://engage.zencity.io/los-altos-hills-ca/en/projects/housing-element-update-2023-2031-f817
February 24, 2025Applicant Serves AB 1633 NoticeThe notice cites a memo arguing the project qualifies for a Class 32 CEQA exemption. Town of Los Altos Hills: https://losaltoshills.ca.gov/DocumentCenter/View/7276/Cover-Page-10728-Mora
May 1, 2025Revised 62-Unit Senior Plan SubmittedThe revision proposes 30 and 32 senior units on the two lots, six for extremely low-income households (month only). Los Altos Town Crier: https://www.losaltosonline.com/news/housing-lawsuit-filed-against-los-altos-hills/article_b874b0d4-a2a1-4c6d-9a32-3c2c58d98c3c.html
June 18, 2025Council Denies Both Senior Projects 5-0Findings under Gov. Code 65589.5(d) cite density and fire and evacuation dangers: the area was designated a Very High Fire Hazard Severity Zone in May 2025, and Mora Drive is the only access route. Town minutes: https://www.losaltoshills.ca.gov/AgendaCenter/ViewFile/Minutes/_06182025-2883
September 15, 2025Housing Group and Developer Sue TownCalHDF and Linebarger allege the town misused CEQA to delay the project and unlawfully denied it. Los Altos Town Crier: https://www.losaltosonline.com/news/housing-lawsuit-filed-against-los-altos-hills/article_b874b0d4-a2a1-4c6d-9a32-3c2c58d98c3c.html
April 9, 2026CalHDF Sues Over Town's Housing PlanA separate suit challenges Ordinance 621, adopted Dec. 9, 2025, and a housing element amendment adopted Feb. 2, 2026. CalHDF: https://calhdf.org/calhdf-challenges-los-altos-hills-housing-plan/

Decisions

DateBodyActionVoteStaff rec.Source
June 18, 2025City Councildenied
Denied both conditional development permits with findings under Gov. Code 65589.5(d).
5–0DenyTown minutes: https://www.losaltoshills.ca.gov/AgendaCenter/ViewFile/Minutes/_06182025-2883
September 15, 2025Courtlawsuit filed
California Housing Defense Fund and Forrest Linebarger v. Town of Los Altos Hills, Santa Clara County Superior Court.
—UnknownLos Altos Town Crier: https://www.losaltosonline.com/news/housing-lawsuit-filed-against-los-altos-hills/article_b874b0d4-a2a1-4c6d-9a32-3c2c58d98c3c.html

Sources

  1. Two Los Altos Hills property owners testing state's 'builder's remedy', Los Altos Town Crier, February 17, 2023 [News Article]. https://www.losaltosonline.com/news/two-los-altos-hills-property-owners-testing-state-s-builder-s-remedy/article_cf87064e-aee8-11ed-ac4d-2b380900f5ef.html
  2. AB 1633 notice cover page, 10728 Mora Drive, Town of Los Altos Hills, February 24, 2025 [Planning Document]. https://losaltoshills.ca.gov/DocumentCenter/View/7276/Cover-Page-10728-Mora
  3. Los Altos Hills City Council special meeting minutes, June 18, 2025, Town of Los Altos Hills, June 18, 2025 [Planning Document]. https://www.losaltoshills.ca.gov/AgendaCenter/ViewFile/Minutes/_06182025-2883
  4. CalHDF Challenges Los Altos Hills Housing Plan, California Housing Defense Fund (Dylan Casey), April 16, 2026 [Other]. https://calhdf.org/calhdf-challenges-los-altos-hills-housing-plan/
  5. Housing lawsuit filed against Los Altos Hills, Los Altos Town Crier [News Article]. https://www.losaltosonline.com/news/housing-lawsuit-filed-against-los-altos-hills/article_b874b0d4-a2a1-4c6d-9a32-3c2c58d98c3c.html
  6. Housing Element Update 2023-2031, Town of Los Altos Hills [Planning Document]. https://engage.zencity.io/los-altos-hills-ca/en/projects/housing-element-update-2023-2031-f817

Data quality

Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.