Pages tagged "planning"

City Planning Updates

WGNA Advocates for local land use control.
We feel strongly that we should have a voice with our local city council
rather than having to persuade state government regarding land issues.

March 2026

 San Jose's Planning Commission will hold an Appeal Hearing for the property at 940 Willow Street.

Wednesday, March 11, 2026 @ 6:30pm

The meeting will be in person at City Council Chambers
City Hall, 200 East Santa Clara Street
San Jose, CA 95113

FYI:

  • The Planning Staff has recommended the Planning Commission adopt a Resolution denying the permit appeal and upholding the Director’s decision to approve the Site Development Permit.
  • The appeal window for development of the property closed December 15, 2025, but public comments are still allowed.
  • Public comments will not stop the project at this point, but you can go on record expressing your opinion of the building.
  • It can be viewed in Zoom, but public comment can only be made in person.

Links:

February 2026 

 California has passed dozens of pro-housing bills since 2019 aimed at overriding local zoning, forcing approvals, reducing environmental review delays, penalizing cities that block housing. Here's an overview of the major bills that limit local input.

Zoning overrides

  • SB 8 (2021) — Extends limits on downzoning until 2030

  • SB 9 (2021) — Duplex legalization

  • SB 10 (2021) — Optional 10-unit upzoning

  • SB 6 / AB 2011 (2022) — Housing in commercial zones

  • SB 4 (2023) — YIGBY, Church land housing

  • SB 1211 (2024) — Allows more ADUs on multifamily properties

  • SB 79 (2025) — Transit upzoning

Approval streamlining

  • SB 35 (2017) / SB 423 (2023) — Requires cities that fall behind on housing goals to automatically approve certain housing projects

  • SB 330 (2019) — Limits cities’ ability to downzone housing capacity (Housing Crisis Act )

  • SB 684 (2023) — Allows subdividing urban infill lots into up to 10 parcels.

  • SB 677 (2025) — Passed the Senate and is in the Assembly for a vote. Makes it harder for cities to block small housing projects by expanding the rules in SB 9 and SB 423, so more homes can get automatic approval without local hearings or extra reviews.

Enforcement

  • Builder’s Remedy — Triggered when a city fails to adopt a compliant Housing Element, Developers can build high-density housing regardless of zoning if affordable units are included.

  • Housing Accountability Act (2024) — Amendments modified and streamlined the HAA for Builder's Remedy projects.

CEQA reforms

  • AB 130 (2025) — Exempts most infill housing from CEQA review.

  • SB 131 (2025) — Expands CEQA exemptions for various development projects.

Find your State Senate and Assembly representatives here.

December 2025

Unfortunately, with Builder’s Remedy and additional state laws designed to provide more housing, the City says their hands are tied. If the Planning Director denied the proposed 7-story building, the State and the Developer are both likely to sue the City.

The project at 940 Willow Street at Kotenberg Ave was approved at the Director’s hearing Wednesday, December 3, 2025.

Read the transcript of the City Planning Department and Developer responses to public comment at the Director’s Hearing on Wednesday, December 3, 2025 here.

November 2025


7-Story Building Proposal at Kotenberg & Willow

DIRECTOR'S HEARING – Wednesday, December 3, 2025 @ 9am - Please attend and give your input!

The application for a Site Development Permit for the 940 Willow Street Residential Project (File Nos. H23-030)has been scheduled for a Planning Director's Hearing on Wednesday, December 3, 2025 at 9:00 AM via Zoom. 

The agenda, including instructions for participation, staff report, project plans, and draft permit will be available one week in advance on November 26, 2025 at the following link: https://www.sanjoseca.gov/your-government/departments-offices/planning-building-code-enforcement/planning-division/commissions-hearings-and-developers-roundtable/planning-director-hearings/planning-director-s-hearing-agendas-minutes

Learn more about the hearing process: http://www.sanjoseca.gov/DevelopmentHearingGuide

Agenda and instructions on how to participate: http://www.sanjoseca.gov/directorshearing

Zoom Link: https://sanjoseca.zoom.us/j/89012305097

More info at https://www.stop7story.com

Councilmember Mulcahy’s Office attended the Willow Gen Neighborhood Association Meeting on November 17, 2025. 

Here is the District 6 City Council Office Statement:

“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.”

May 2024

Kotenberg & Willow

A seven story residential building has been proposed on the corner of Kotenberg Avenue/Willow Street. The applicant is using state law to push this project, as the City has never ever planned for such a project at this location.

AB2339

Please be aware the City of San Jose will be implementing AB2339 on June 22, 2024. AB2339 eliminates public hearings for “low barrier” homeless shelters. “Low barrier” allows legal or illegal drug use onsite by occupants.
AB2339 received yes votes from our state assembly reps Evan Low and Ash Kalra in 2022 without any community meeting to solicit neighborhood feedback. The law eliminates the typical requirement of a public hearing for residents to share feedback with their city council to modify or to put in place reasonable requirements. Instead these “low barrier” facilities are automatically approved with AB2339.
AB2339 provides automatic approval of these “low barrier” shelters as long as it is under 50 beds. The City on June 22 will be considering increasing this from 50 to 100 beds for a single location and expanding it from one zoning district (Industrial CIC) to eight (commercial neighborhood, PQP-schools, mixed use, urban villages).
Only one city in the county of the 15 cities has complied with AB2339.
FYI

Alma next to Elks Lodge

A Five story residential building with 92 units will be replacing the former Agave restaurant on Alma/Minnesota. Due to new state laws supported by our locally elected state representatives there will be no public hearing for neighbors at either planning commission or city council.
Lincoln & Dean
Another Willow Glen one story house approved for demolition to make way for five, two story houses located on Lincoln Ave near Dean Ave/Ellis Ave. SB330 which was initiated by San Francisco State Senator Scott Weiner and signed into law by the governor does not allow the City to deny this application nor others like it in Willow Glen. SB330 was passed under the guise of affordable housing however these new two story houses will be $3 million each.
 

Franquette and Coastland

Next up, one house on Franquette Ave near Coastland Ave to make way for ten three story houses. One driveway will separate the two rows of houses replacing one single family house. Any block in WG and other neighborhoods such as the Rose Garden are potential targets due to changes in state law.
Please be mindful when you vote.

Camino Ramon & Britton

WGNA requested a community meeting be held to discuss the proposed project on Camino Ramon and Britton. WGNA appreciates that the planning department held the meeting for neighbors to attend .
The applicant would like to demolish the existing single story house and replace it with five, two story houses. In addition, they wanted to remove a certain number of the mature trees on the property.
Please be advised there are vocal advocates who do not value single family house neighborhoods and would like to see more of this type of development in Willow Glen.
The Community meeting regarding Camino Ramon & Britton just concluded on October 12. The City arborist requested that the redwood trees not be removed so therefore the developer redrew the map to keep the trees. However, the developer still proposed to demolish the existing single story house and replace it with five, two story houses.
A public hearing will be held for final approval likely early part of next year. During that meeting renderings of the houses will be available and environmental analysis for maintaining the redwood trees. One person in the meeting advocated strongly in favor of five houses replacing one house in Willow Glen stating we need affordable housing even though these five houses will be approximately $3 million each once completed. This one advocate actually does not live in Willow Glen and is a lobbyist who has tried to subdivide lots in Willow Glen previously. Please be aware that new state laws sponsored by San Francisco State Senator Scott Wiener may not allow the city to legally deny this project. Thank you to all the Willow Glen residents who attended the meeting.

San Jose Swim & Racquet Club

This long standing recreation facility alongside the creek is being proposed for demolition for housing. The City has never contemplated housing at this site however new state law allows this.
The state legislature has significantly altered local control and we are just starting to see it's impact. During WGNA's National Night Out and general meetings residents overwhelmingly shared they want land use decisions to be made locally at City Hall rather than Sacramento.
Stay tuned.

Articles

What the demise of contentious housing law means for San Jose, San Jose Spotlight, May 2, 2024

 

Builder's Remedy Locations in Willow Glen

1170 Pedro St (current site of SJ Swim & Racquet)

1016-1030 Lincoln Ave

940 Willow St

879 Franquette Ave

See the full San Jose map here