#builders-remedy

#builders-remedy

Palo Alto's Architectural Review Board has given a thumbs up to plans for a seven-story housing development at El Camino Real and Curtner Avenue, so long as developers make improvements such as adding off-street parking locations and more elevators. Sares Regis Group is responsible for the application on behalf of Palo Alto developer Vittoria Management. The application calls for demolishing existing buildings along 3727-3737 and 3773-3783 El Camino Real, 378-400 Madeline Court and 388 Curtner Ave. to make room for a 183-unit, 190,132-square-foot development.

Russian businessman Vitaly Yusufov wants to develop the 7-acre Sunset property at 80 Willow Road, building 665 units of housing and towers as high as 458 feet. While such a proposal would normally violate city building codes, the city didn't turn in its housing plan to the state on time. As a result, certain projects are allowed under the Builder's Remedy provision of state law if they include a portion of subsidized housing.

They initially planned to demolish the existing commercial and retail buildings on the site at at 15495 Los Gatos Blvd. and construct two apartment buildings with a total of 238 units, with 48, or 20%, of them to be set aside as affordable. The developers initially tried to argue that their project would qualify for a limited environmental impact report due to an exemption in the California Environmental Quality Act for infill projects under a certain acreage.

Nearly three years after the state's deadline, a Bay Area county and three cities across the region still haven't finalized their state-mandated housing plans, leaving them vulnerable to fines, loss of grant funding and the dreaded "builder's remedy," which can cost them control over land use decisions. San Mateo County and the cities of Half Moon Bay, Belvedere and Clayton have yet to secure state approval for their plans, which were due by Jan. 31, 2023.

San Jose is advancing its housing initiatives with the completion of the environmental report for a townhome project at 5670 Camden Avenue in the Cambrian area. Developer Mana Camden Fund LLC proposes 108 units spread across 32 structures, transforming baseball fields and green space behind Beacon School into residential spaces. This development leverages the Builder's Remedy under the Housing Accountability Act for efficient approvals, including 22 deed-restricted low-income affordable units to support diverse community needs.

Santa Clara County's rural areas are threatened by builder's remedy proposals that could lead to significant loss of farmland and open spaces.