“Our office understands how unsettling and frustrating this situation on Willow and Kotenberg/940 Willow feels. As you know, the Councilmember as a candidate was closely connected to the community on this issue last year and was hopeful that the state legislature would come to its senses and not continue to allow developers to bypass local controls.

Our office understands that Willow Glen is a community that cares deeply about its character, its streets, and its sense of place, and we hear that loud and clear. Your concerns about building height, traffic, infrastructure, and how this project fits into the neighborhood are completely understandable.  

Here’s what’s happening: Builder’s Remedy is a state law, not a city policy. Under this law, when a city’s Housing Element isn’t certified by the state, developers can propose housing projects that don’t have to follow local zoning rules, as long as they include affordable housing.  

That means even if city zoning normally limits height, density, or design, those rules don’t apply to Builder’s Remedy projects.  

The toughest part for our office and the community is that California law doesn’t allow the city to deny or stop these projects due to their size, height, density, or conflicts with local zoning. If they meet state affordable-housing rules and basic building and safety codes, the city must process them. Trying to block a project for reasons not allowed under state law would likely lead to lawsuits the city cannot win, and the state could impose penalties.  

Still, the city does have some authority and responsibilities. City departments review each project for things like traffic safety, utilities, fire access, and construction impacts.  We also look for ways to work with developers to secure community benefits, things that can improve or support the neighborhood. But by law, we can only ask, not require, that they agree to these measures. If they choose to ignore the community and our council office’s asks, they can do so legally. 

We know this is not the answer our community is looking for. We have 6 of these projects in District 6 working their way through the system, but we also acknowledge not all are as challenging as this one. Please understand the city is, and our office will do everything allowed under state law to protect the neighborhood, ensure safety, and push for responsible development.”