Long-Running Housing Dispute Goes to Court in Los Altos Hills

In Los Altos Hills, the Twin Oaks development has long been a controversial topic. Los Altos Hills has always tried hard to keep out housing development projects, particularly with its history of one-acre requirements and only allowing single-family housing. However, the city recently allowed multifamily units on the site to work toward meeting its regional housing needs allotment (RHNA) goals and housing element requirements. Unfortunately, Los Altos Hills has since tried to walk back that housing allotment, resulting in the current lawsuit.

Forrest Linebarger, a longtime developer looking to build at Twin Oaks, is the plaintiff in the lawsuit, which alleges that Los Altos Hills is now in violation of state housing requirements. The gist of the lawsuit is simple: once the state grants approval for compliance, a city should not be able to subsequently change its housing/zoning ordinance to reduce the number of homes. Los Altos Hills voted to reduce the number of homes by about two-thirds in this case.

Linebarger had previously proposed affordable housing for seniors at the site, but that was turned down by the city. His latest proposal would include a total of about 60 units, but that quickly received a negative review.

Since then, his lawsuit, filed by the California Housing Defense Fund, alleges that Los Altos Hills is pulling an illegal “bait and switch” that violates state law. They also allege the city is ignoring state requirements for the placement of affordable housing in the community and abusing the CEQA process to deny the projects. It is not yet clear when this case will proceed to trial.

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