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Home My WebLink About061725-06.5 ADMINISTRATIVE STAFF REPORT 6.5 TO: Mayor and Town Council June 17, 2025 SUBJECT: Resolution No. 47-2025, rescinding Town Council Resolution No. 44-2024, which found the application for Vesting Tentative Map SD 9673 incomplete and determining that the application is complete BACKGROUND On July 11, 2023, CBG Engineering, on behalf of Mr. Ido Adler, submitted a Preliminary Application under provisions of SB 330 (the Housing Crisis Act). The Preliminary Application proposed development of a 30-lot residential subdivision on what has been referred to as “Parcel B” in the Anderson Ranch subdivision. Parcel B has been designated as “Open Space” in the Town’s General Plan since initial approval of the Anderson Ranch subdivision in the 1980’s. In a cover letter submitted by Mr. Adler’s then attorneys, Miller Star Regalia, they indicated that the application was being submitted as a so-called “builder’s remedy” application under provisions of the Housing Accountability Act (then subd. (d)(5) of Government Code Section 65589.5 and now subds. (d)(6) and (f)(6) of Government Code Section 65589.5). On December 22, 2023, CBG Engineering, on behalf of Mr. Adler, submitted a formal application within the 180 days allowed under the Permit Streamlining Act. The Town determined that this application was incomplete and provided Mr. Adler with a letter identifying the specific missing items. Mr. Adler re-submitted the application on April 18, 2024, within the prescribed 90-day time limit permitted by law. Upon review, the Town determined that this second submittal was still incomplete in three areas. On May 24, 2024, Mr. Adler’s attorney submitted an appeal of the Town’s determination that the application was incomplete. The Town Council held a duly noticed public hearing on June 18, 2024, and after considering all information presented, adopted Resolution No. 44-2024, denying Adler’s appeal and finding that the application for the proposed subdivision was incomplete. DISCUSSION On August 26, 2024, Mr. Adler filed a Petition for Writ of Administrative Mandate and Complaint for Injunctive and Declaratory Relief in Contra Costa County Superior Court (Case No. N24-1615), challenging the Town Council’s decision. On May 9, 2025, Judge Rescinding Resolution No. 44-2024 2 June 17, 2025 Danielle Douglas granted the writ of mandate and ordered the Town to vacate Resolution No. 44-2024 and to find the application complete, within 60 days of the writ being issued. After holding a noticed closed session on May 20, 2025, the Town Council announced it would not appeal Judge Douglas’ decision. Based on that direction, it is now appropriate to take the required steps to vacate the earlier resolution and find the subdivision application complete. Mr. Adler may now move forward with the processing of the application, which will include environmental review and public hearings. PUBLIC CONTACT A copy of the staff report and resolution have been provided to Mr. Adler’s attorneys. Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Adopt Resolution No. 47-2025, rescinding Town Council Resolution No. 44-2024, which found the application for Vesting Tentative Map SD 9673 incomplete and determining that the application is complete. Prepared by: Robert B. Ewing City Attorney Attachment: Resolution No. 47-2025 RESOLUTION NO. 47-2025 RESCINDING TOWN COUNCIL RESOLUTION NO. 44-2024, WHICH FOUND THE APPLICATION FOR VESTING TENTATIVE MAP SD 9673 INCOMPLETE AND DETERMINING THAT THE APPLICATION IS COMPLETE WHEREAS, on July 11, 2023, CBG Engineering, on behalf of Mr. Ido Adler, submitted a Preliminary Application under provisions of SB 330 (the Housing Crisis Act). In a cover letter submitted by Mr. Adler’s then attorneys, Miller Star Regalia, they indicated that the application was being submitted as a “builder’s remedy” application under provisions of the Housing Accountability Act (then subd. (d)(5) of Government Code Section 65589.5 and now subds. (d)(6) and (f)(6) of Government Code Section 65589.5); and WHEREAS, on December 22, 2023, CBG Engineering, on behalf of Mr. Adler, submitted a formal application within the 180 days allowed under the Permit Streamlining Act; and WHEREAS, within the Permit Streamlining Act’s prescribed 30-day time limit, on January 19, 2024, the Town provided Mr. Adler with a letter indicating that the Town had completed its review of the formal application pursuant to Government Code Section 65943(a) and that the application was incomplete. The letter identified eight specific areas in which the application was incomplete. The letter also notified Mr. Adler that pursuant to Government Code Section 65941.1(d)(2), he had 90 days to resubmit a complete application or else his preliminary application would expire “and have no further force or effect”; and WHEREAS, the applicant re-submitted the application on April 18, 2024, within the prescribed 90-day time limit; and WHEREAS, the resubmittal addressed five of the original eight incomplete issues; and WHEREAS, within the prescribed 30-day time limit, pursuant to Government Code Section 65943(b), on May 16, 2024, the Town issued a second Notice of Incomplete Application finding that three of the original eight incompleteness items remained outstanding; and WHEREAS, on May 24, 2024, Clark Morrison, Cox, Castle & Nicholson LLP, on behalf of Mr. Adler, submitted an appeal of the Town’s determination that the application was incomplete; and WHEREAS, the Danville Town Council held a duly noticed public hearing on June 18, 2024, as prescribed by law; and WHEREAS, a staff report was submitted recommending the Town Council deny the Docusign Envelope ID: EE7F4CBA-1392-449C-B283-1A568BEE54C0 PAGE 2 OF RESOLUTION NO. 47-2025 appeal; and WHEREAS, after holding a public hearing and considering all information presented, the Town Council adopted Resolution No. 44-2024, denying the appeal and finding that the application for the proposed subdivision was incomplete; and WHEREAS, on August 26, 2024, Mr. Adler filed a Petition for Writ of Administrative Mandate and Complaint for Injunctive and Declaratory Relief in Contra Costa County Superior Court (Case No. N24-1615), challenging the Town Council’s decision; and WHEREAS, on May 9, 2025, Judge Danielle K. Douglas granted the writ of mandate, and ordered the Town to vacate Resolution No. 44-2024 and to find the application complete, within 60 days of the writ being issued; ; now, therefore, be it RESOLVED, that the Danville Town Council hereby takes the following actions: 1. Town Council Resolution No. 44-2024 is rescinded and it’s finding that the application for Vesting Tentative Map SD 9673 is incomplete is vacated. 2. The application for Vesting Tentative Map SD 9673 is determined to be complete. APPROVED by the Danville Town Council at a regular meeting on June 17, 2025 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: EE7F4CBA-1392-449C-B283-1A568BEE54C0