Commission denies appeal of previously approved Willow Glen Builder’s Remedy project
The Big Picture
A 126-unit mixed-use housing development at 940 Willow Street in San José’s Willow Glen district will move forward after the San José Planning Commission denied an appeal seeking changes to the project.
The seven-story development proposed by Redco Development will replace a small commercial building near Willow Street and Kotenberg Avenue. The project includes 52 studios, 50 one-bedrooms, 20 two-bedrooms and four three-bedrooms, along with ground-floor commercial space.
The project was submitted under California’s Builder’s Remedy, a provision of the Housing Accountability Act that allows certain housing developments to bypass local zoning restrictions if a city did not have a state-certified housing element at the time the application was filed. Because the project application was submitted in June 2023 before San José’s housing element was certified, the city has limited authority to deny or modify it.
The proposal includes 30% below-market-rate housing, split between very low-income and moderate-income units.
Nearby residents opposed the project, raising concerns about traffic, infrastructure capacity, and neighborhood character. However, commissioners concluded the city had little legal basis to require significant changes under state housing law.
Why It Matters
1. Builder’s Remedy is reshaping local development decisions.
This project illustrates how state housing laws can override local zoning authority when cities fall out of compliance with housing element requirements.
2. Neighborhood opposition is colliding with state housing mandates.
Even in established single-family areas like Willow Glen, state policy is increasingly pushing cities toward denser housing forms.
3. The consequences of housing element timing are real.
Because San José’s housing element was not certified when the application was filed, the city’s leverage over the project is limited. Similar situations have occurred across California as developers use the Builder’s Remedy to propose larger projects than local zoning would normally allow.