South Bay developer invokes 'Builder's Remedy' to proceed with condo project
SAN JOSE -- A legal battle is brewing in the Willow Glen neighborhood of San Jose where developers want to tear down a swim and tennis club and build condos that will include low-income housing.
The developer is using a California statute called "Builder's Remedy" to fast track the project without needing normal approval from the city.
The San Jose Swim and Racquet Club on Pedro Street first opened in 1956 -- almost 70 years ago. Now it's a little over three acres of prime real estate where a developer wants to build 85 luxury condos. Neighbors are planning to put up a fight.
Dave Zalatimo has been a member at the San Jose Swim and Racquet Club for more than 20 years. It's where his kids learned to swim, and where he comes to swim laps.
"It has tennis, an Olympic size pool and a kids pool." said Zalatimo. "When you have a unique facility like this that is the center of a community, when this land is converted to private residential, that community is lost."
He is leading an opposition group trying to save the swim club, or at least prevent developers from turning it into condos. According to a proposal sent to the city, the developer wants to build a four-story 85-unit condo building, with 20% of the units marked for low-income housing.
The city planning department refused to change the zoning from "recreational open space" to "residential," which would allow the condo project to move forward. In response, the developer notified the city they'd be using "Builders Remedy."
"Cities are suddenly worried about this in a way that they weren't in the past," said Professor Christopher Elmendorf. He teaches land use law classes at UC Davis and is an expert in "Builder's Remedy".
He says it's a state statute that was rarely used until about 6 months ago. It allows developers to side step city zoning regulations to fast track affordable housing projects in cities that don't have an affordable housing plan approved by the state.
The goal was to cut through any city bureaucracy or red tape that was trying to slow down housing development and fast-track needed projects.
"The Builder's Remedy only applies in cities that haven't adopted an adequate housing plan to accommodate their share of regionally needed housing," said Elmendorf.
"With builders remedy, builders can come in with development on pretty much any property and we don't have a lot of leeway to say no," said San Jose City Councilmember Dev Davis, who represents the Willow Glen neighborhood and the area of the proposed development.
Davis said she's not opposed to the additional housing, but doesn't like the idea of losing recreational space to housing. She says there isn't much the city can do to push back because it's a California regulation.
"The state and our state representatives have basically sided with developers and said developers get carte blanche and the average resident gets no say," says Davis.
The attorney for the developer told KPIX there is no lawful way for the city to block the project, and added that the 85 units is a necessary step toward reducing the area's housing crisis.
San Jose City Council approved a revised version of its housing plan at its meeting Tuesday night, which effectively blocks any additional Builder's Remedy projects from moving forward. Davis stressed any projects filed before last night will be grandfathered in.
KPIX reached out to the current owner of the property for comment regarding the sale, but she never responded.
