Cupertino and the California Department of Housing and Community Development (HCD) dispute how long developers have to correct preliminary applications under the Permit Streamlining Act. Cupertino contends the law provides one 90-day period to cure deficiencies, after which a preliminary application expires and the project becomes null and void. HCD contends developers receive unlimited 90-day cure periods because the timeline resets after each incompleteness determination, and issued a violation notice to Cupertino alleging the city's reading violates state housing law. Cupertino responded to HCD's notice and is awaiting further review. A developer sued Cupertino claiming a 20-condo preliminary proposal improperly expired, and that lawsuit remains pending.
Cupertino officials sent a response to the California Department of Housing and Community Development earlier this month, defending their reading of the timeline developers have to resubmit a preliminary application per the Permit Streamlining Act. The city argued for a "plain meaning" of the legislation, which gives a developer one 90-day period to correct their preliminary application before it expires - the project is null and void afterward.
The state took issue with the interpretation. Housing department officials said developers have an unlimited number of 90-day periods to resubmit applications because the timeline continuously resets after each incompleteness determination, according to a violation notice the city received last month. The notice said the city's interpretation "makes the process more difficult for diligent applicants to benefit from the protections of the (act's) preliminary application process," and called it a "violation of state housing law." Cupertino submitted its response disputing the state's interpretation after receiving the notice.
It's unclear what will happen legally if Cupertino ignores the housing department, which is reviewing the city's recent response, a state spokesperson said. Advocates said the dispute could land the city in hot water as the state pushes for more housing. Ryan Patterson, a land use and real estate attorney, represents a developer with a 20-condo project on Scofield Drive. Cupertino officials said the project's preliminary proposal has expired due to the 90-day window. Patterson's client, in collaboration with Yes in My Backyard (YIMBY) Law and the California Housing Defense Fund, sued the city in April, arguing the project should have never been considered expired. The lawsuit is still pending, along
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