Builder's Remedy Project Proposals
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 simply 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. The City has an adopted, certified Housing Element available online at: www.cupertino.gov/gp.
The City has received the following applications for Builder's Remedy Projects:
Inactive Applications
A formal application was received for a Builder's Remedy Project at the following location but it is now deemed inactive.
20015 Stevens Creek Blvd
Applicant: Acclaim Properties
Architect: Studio T Square
Location: 20015 Stevens Creek Boulevard (APNs 316-23-093, -036)
Staff Contact: Gian Paolo Martire, Senior Planner; gianm@cupertino.gov; (408) 777-3319
Project Status: SB 330 Preapplication submitted: May 8, 2023; Formal application submitted: September 27, 2023; Inactive application.
Project Description: Development of a five story multi-family building with 141 units by replacing three existing commercial buildings on two adjacent parcels, totaling 1.63-acres, located at the northwest corner of Stevens Creek Boulevard and N. Blaney Avenue. A Development Permit (DP-2023-005), Architectural & Site Approval (ASA-2023-008), Tree Removal Permit (TR-2023-047), and Heart of the City Exception (EXC-2023-008) are required. The proposal is made under the Builder's Remedy provisions of the Housing Accountability Act.
Project Plans
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.gov. Plans will also be made available digitally during hearings to consider the proposal.
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.
As of January 21, 2025, there are no more Preliminary Applications for Builder's Remedy projects vested to submit a formal application.
Vesting Expired
The City received an SB330 Preliminary Application at the following location but a formal application was not submitted within 180 days thereafter:
21191 Dolores Ave
Applicant: TDDG, LLC
Architect: TDDG, LLC
Location: 21911 Dolores Avenue
Staff Contact: Gian Martire, Senior Planner; gianm@cupertino.gov; (408) 777-3319
Project Status: SB 330 Preliminary Application submitted: April 15, 2024; SB330 Vesting expired: October 12, 2024.
Project Description: Development of five (5) (4 Market Rate, 1 Low Income) townhome units to replace one single family home on a 9,950-square-foot lot zoned R1-7.5 located on Dolores Avenue. The proposal is made under the provisions of the Builder's Remedy of the Housing Accountability Act.
Project Plans
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.gov. Plans will also be made available digitally during hearings to consider the proposal.