The “Builder’s Remedy” under the Housing Accountability Act (HAA) is applicable to jurisdictions in the State of California that do not have a compliant housing element adopted. In such cases, cities cannot deny approval of qualifying housing developments because they are inconsistent with the City's General Plan, Specific Plan, and/or Zoning regulations. These regulations include residential density, allowed uses, lot sizes, height, and setbacks. The Association of Bay Area Governments has prepared a Technical Assistance for Local Planning memo in regard to Builder's Remedy Projects.

Formal Applications

As of this date, the City has received the following applications for Builder's Remedy Projects.  

20015 Stevens Creek Boulevard
Vista Heights Project (Former McDonald Dorsa Quarry) APNs 356-05-007, 356-05-008, 356-27-026
20739 Scofield Ave

SB 330 Preliminary Applications

Senate Bill 330 (SB330), established the Housing Crisis Act of 2019 (“HCA”), which went into effect on January 1, 2020. Senate Bill 8 (SB 8), which updated SB330, made clarifications to the existing regulations and extended the HCA from January 1, 2025 to January 1, 2030. Among the many changes made, the HCA establishes a requirement for cities to implement a preliminary application process for eligible housing development projects that seek the vesting and processing benefits offered under SB330.

Applicants have 180 days from submittal of a complete preliminary application to submit a formal application. Submittal of a formal application within the statutory timeline prohibits the City from applying new ordinances, policies, fees and standards to a proposal which has previously submitted a preliminary application, provided the other requirements of SB330 are met.

Preliminary Applications for Builder's Remedy projects have been received at the following properties:

21911 Dolores Ave
20085 Stevens Creek Boulevard
11841 Upland Way