14288 Capri Drive, Los Gatos, CA 95032
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.
Ask a question to begin.
Press Enter to send · Switch personas to start a new conversation
The applicant files a preliminary application for 14288 Capri Drive before HCD certifies the town's housing element.
Town of Los GatosArchitecture and Site Application S-24-044 seeks to replace a commercial building with a 119-unit residential building.
Town of Los GatosThe Real Deal, citing the East Bay Times, reports that Los Gatos LLC has sued the town over its application requirements.
The Real DealThe 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 GatosEilenberg 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 GatosLos Gatos LLC's second amended petition in Santa Clara County Superior Court also argues that the town's housing element is likely invalid.
Los GatanThe council unanimously approves a resolution rejecting the developer's claim that town planners are obstructing the project.
San Jose SpotlightIn the Dec. 5, 2025 second amended petition: "This is another case in the continuing battle between the Town of Los Gatos, the State of California, and low income housing groups acting under State law, where the Town of Los Gatos is attempting to block affordable housing projects in violation of State law."
"I respectfully want to tell you the town's multiple lawsuits (related to housing construction), including attempting to block this development, will cost the town dearly" (Dec. 16, 2025 council meeting). He declined to comment to San Jose Spotlight, citing pending litigation.
"But 13 stories is simply too much for this site." The site cites height, traffic, emergency access and fire evacuation on a street with "only two ways in and out."
"Of importance here, the Project does not qualify as a Builder's Remedy project under the 2025 statute because it is too dense." The report says the 2025 law would allow 77 units with a density bonus.
Council findings, Dec. 16, 2025: "None of the requirements that the Applicant objects to would necessarily require changes in the Project, nor would they cause an unnecessary delay or increase in cost." The town says the project qualifies only under the 2024 builder's remedy law and must meet objective standards in effect when it filed.
Los Gatos LLC filed a second amended petition on Dec. 5, 2025. No ruling has been reported.
"As I look at this, we are processing this application." Also: "I'm not seeing any evidence that we're blocking it." (Dec. 16, 2025)
Four rounds of staff review, from September 2024 to August 2025, before the application was deemed complete, then requirements for a conditional use permit and arborist and architect peer-review deposits that the developer says cannot be applied to a builder's remedy project. The council found them to be objective standards.
The completeness letter says the preliminary application's vesting expired under the town's reading of Gov. Code 65941.1(e), pending a court ruling. The council's Dec. 16, 2025 findings say the project exceeds the 2025 law's density limit (77 units here) and qualifies only under the 2024 version, which lets the town apply objective standards in effect at filing. The developer's suit is pending.
Staff lists CEQA review as pending and says environmental analysis will be required at the applicant's cost. The applicant claims the AB 130 infill exemption; the Dec. 16, 2025 findings say the town will respond to that request within 30 days.
Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.
| Date | Body | Action | Vote | Staff recommendation | Source |
|---|---|---|---|---|---|
| December 5, 2025 | Court | lawsuit 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. | — | Unknown | Los Gatan |