Commission Denies Appeal of Previously Approved Willow Glen Builder's Remedy Project

West Coast Land Use and Environment attorney Daniel Golub was cited in a Mercury News article about a dispute involving a mixed-use project approved under the Builder's Remedy provision of California housing law. Redco Development proposed a 126-unit mixed-use development in Willow Glen, a district in San Jose, with 15 percent of units set aside for very low-income residents and another 15 percent for moderate-income residents. Ordinarily, this design would not pass muster under zoning requirements calling for 100 percent affordable housing; however, the California Housing Accountability Act's Builder's Remedy provision allows certain projects to move forward, even if they do not adhere to local zoning and planning ordinances, in areas without a compliant housing element. Such was the case for Redco's project. Recently, the San Jose Planning Commission denied an appeal attempting to limit the project's scope that would have entailed a significant redesign. Mr. Golub, who represents the project developer, reacted to the win for Redco, sharing why arguments for granting the appeal did not make jive with existing statutes.

"The problem we have with the appellant's analysis is, even though the law is clear that you may not disapprove this project for its inconsistency with the general plan and zoning, the appellant says you should approve it on the condition that it be made to comply with the general plan and zoning," he explained. "I think it comes down to the same thing at the end of the day, and that's a disapproval of the project on a ground that the state law doesn't permit."

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