Developers are attempting to use a legal escape hatch to push new housing into South County open space. But county leaders have found a loophole of their own.

The Santa Clara County Planning Commission on Thursday voted 5-2 against appeals for two different projects under the same developer. To push the projects through, the developer has tried to invoke a state law known as builder’s remedy — which allows developments to ignore restrictions on building height and density when local governments lack state approval for their housing plans. The county missed its original deadline two years ago, which opened the door, until receiving state approval in January. But county planners have rejected the plans based on technicalities of missed application deadlines and incomplete information.

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