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 Linden Drive project was one of the first proposals in Beverly Hills to exploit the legal loophole that lets builders override local planning boards when cities fail to plan for new housing as required by state law.