A massive, 100% affordable housing proposal moving forward in Alviso under the state’s “builder’s remedy” law is enraging residents who could be powerless to stop it.
The latest project reflects the ramifications of San Jose’s late certification of its housing element.
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LH Housing and Decro Corp. have proposed a 780-unit complex with 16,238 square feet of commercial space spread out over eight seven-story buildings on a 3.24-acre parcel at 7 Topgolf Drive.
At a public hearing Wednesday before the city’s planning commission, Alviso residents, many of whom felt their community had been neglected since their community consolidated with San Jose in 1968, blasted city officials because the project did not meet the General Plan and zoning requirements and ran afoul of the area master plan they worked on for several years.
“You’ve got to be honorable and stop this nonsense of destroying a beautiful community that was a city in 1852,” longtime resident Richard Santos said. “Most of the Alviso community residents are of low income and deserve much more to be out again. I’d encourage all of you to not support this and a boulevard of broken dreams since 1968. This is a devastating double cross if anything.”
Despite residents’ ire at the city, San Jose’s hands are tied due to state law, which, in effect, strips the government of local control over its zoning rules for this project.
“It’s the builder’s remedy that allows the project to go forward even though it isn’t consistent with the General Plan, zoning and the Alviso specific plan,” said Jason Lee, a project manager at the city.
Before the state certified San Jose’s housing element, developers submitted 33 preliminary applications under the builder’s remedy, which prevents local governments from rejecting projects that are not in compliance with their zoning and planning guidelines unless they could show a specific, adverse impact on public health and safety. Developers must have submitted a preliminary application while the city was out of compliance to lock in planning standards at that time and complete a full application within 180 days.
While 24 formal applications were submitted, three were later withdrawn. To date, the city has only approved permits for one project — an eight-story, 138-unit mixed-use development at 2470 Alvin Ave. in East San Jose — meaning that the Topgolf Drive development is one of 20 projects still in the pipeline.
A large stretch of Topgolf Drive has been slated for development since 2016; however, to date, only the sports and entertainment facility has been constructed. The housing project’s developers argue that it would be key to fulfilling the vision of the Top Golf area plan, as it would revitalize interest in the other two parcels that have never been developed.
“Based on the economy, what ended up happening is only Top Golf got built, and the rest of the sites are vacant,” said Curtis Wong, CEO and founder of Cloud Apartments. “Ultimately, the goal of this project is to revitalize North San Jose’s Top Golf Center with this innovative mixed-use design, a 100% affordable project that will help the city meet the needs of San Jose’s arena goals and build some desperately needed workforce housing.”
Wong said the project is intended to provide housing for the “missing middle,” which refers to housing that has a higher density than single-family homes but is more affordable. All of the units would be offered at 80% of the area median income.
With the state mandating that San Jose plan for 62,200 homes by 2031, Wong said this project represented a sizable means to meet that goal. He also touted the $3 million in park fees the project would generate, as well as the potential for a cafe, bistro, and grocery store.
Catalyze SV Executive Director Alex Shoor lauded the project for its innovative approach, emphasizing that it represented a rarity for affordable housing by not requiring a public subsidy to complete the development.
George Maciel, a 53-year resident and business owner in Alviso, said that the city of San Jose has failed to live up to its end of the bargain when Alviso agreed to consolidation in 1968, which included several capital improvements. Coupled with potentially bringing in thousands of additional residents from this project and another nearby, he warned that it would be detrimental to the community.
“Our school is already overflowing,” Maciel said. “(With) the community center (and) the traffic, it’s just absurd … For how it ends up on a little three-acre parcel stamped to get 780 units is just absurd.”
Some commissioners were sympathetic to the concerns raised, including District 4 Commissioner Melissa Bickford, who represents the area, due to the potential traffic issues and the project’s out-of-character nature with the existing homes.
While Bickford acknowledged that San Jose needs housing, she said she had a hard time grasping that the city needed it in that location and on that scale.
Bickford noted that the project could create a public safety hazard due to its limited parking, which would force cars onto other streets, as well as its proximity to an elementary school and public library.
District 3 Commissioner Chuck Cantrell stated that developers and the community needed to collaborate to find a solution for housing development, as single-family housing would not address the current crisis. He added that no one should be a “victim of development.”
District 5 Commissioner Louis Barocio suggested that residents should appeal to their state representatives to convey how the loss of local control would impact their lives and provide perspective for the next time they propose new legislation.
“Use this as a case study,” Barocio said. “This is what happens when certain language goes before you in Sacramento. This is how it trickles down and this is how it impacts us here.”