Morgan Hill and Santa Clara County have recently unveiled plans to construct 1,901 homes through submission to the state rural housing department using the “builder’s remedy” provision while awaiting approval from their 2023-31 housing element.
Builder’s Remedy Provision
The Housing Accountability Act’s “Builder’s Remedy” provision allows developers to bypass local zoning laws and build housing projects that do not comply with a city or county’s zoning ordinance or general plan. The 1,901 homes proposed by developers in Morgan Hill and Santa Clara County are contingent upon the approval of state housing authorities, who must sign off on the required local General Plan Housing Elements before the projects can proceed.
Morgan Hill and Santa Clara County are proud to have plans for 1,901 homes submitted by developers under the “builder’s remedy” provision of the Housing Accountability Act. This provision allows developers to bypass specific local zoning laws and build housing projects even if they do not comply with a city or county’s zoning ordinance or general plan. These plans are contingent upon approval from state housing authorities, who must sign off on the required local General Plan Housing Elements before the projects can proceed.
Despite potential hurdles, Morgan Hill and Santa Clara County are confident in their 2023-31 housing element and look forward to the state’s approval.
The city submitted its housing element to the Housing and Community Development Department (HCD) on October 5, following revisions and a public review. This is a common trend due to HCD staffing issues and the complexity of the analysis needed during this cycle. Morgan Hill is hopeful that this will be the final review before approval.
Out of the 109 jurisdictions in the Bay Area, 66 have not yet had their elements signed off by HCD. Despite this, Morgan Hill has been able to move ahead with four proposed projects within city limits, totaling 1,002 units, under the builder’s remedy. These include a 323-unit development at Monterey Road and Butterfield Boulevard and a 265-home project at Tennant Avenue and Butterfield Boulevard.
Submitting preliminary applications, the applicants have 180 days to submit a formal request for design review, which will begin the process of entitlements and environmental review. Morgan Hill looks forward to case law and HCD guidance should the preliminary applications progress to the final application.
Santa Clara County proudly announces that the board of supervisors approved the 2023-31 housing element on October 17, with seven housing projects in unincorporated county areas under the builder’s remedy. Of these, four projects are proposed in Morgan Hill for 899 units awaiting review and approval from the county. One such project is the 320-unit subdivision proposed on a 57.6-acre site at 1515 Half Road, on property that was previously an orchard. The county has responded to the HCD’s initial comments on its housing element and resubmitted the document to state officials.
The Santa Clara Housing Element is a set of policies approved by the Santa Clara County Board of Supervisors on November 13, 2007, to create affordable housing in Santa Clara County, California. The housing element ensures that at least 20% of all units constructed under the builder’s remedy will be affordable homes.This is a significant step forward for Santa Clara County and provides an opportunity to create much-needed housing for our community.
Proposed Residential Projects
Morgan Hill is seeing a surge in proposed residential projects, with 1,672 units up for consideration. These projects are submitted under the state’s “builder’s remedy” law and include:
Within City Limits
– 323 units at Monterey Road and Butterfield Boulevard
– 265 units at the southeast corner of Tennant Avenue and Butterfield Boulevard
– 263 homes at 14900 Monterey Road
– 151 units at Cochrane Road and DePaul Drive
Unincorporated Area of Morgan Hill
– 271-home subdivision at 1125 East Main Avenue (with two separate applications)
– 219 homes at 14465 Monterey Road
– 320 units at 1515 Half Road
– 89 units across four parcels on the 1200 and 1300 blocks of Diana Avenue and the 1200 block of Condit Road
This extraordinary growth in housing development is something to be proud of!
Morgan Hill has seen a surge of residential projects submitted under the state’s “builder’s remedy” law, with 1,672 units proposed in and around the city limits. Within the city limits, 323 units are proposed at Monterey Road and Butterfield Boulevard, 265 units at the southeast corner of Tennant Avenue and Butterfield Boulevard, 263 homes at 14900 Monterey Road, and 151 units at Cochrane Road and DePaul Drive. In the unincorporated area of Morgan Hill, a 271-home subdivision is proposed at 1125 East Main Avenue (with two separate applications), 219 homes at 14465 Monterey Road, 320 units at 1515 Half Road, and 89 units across four parcels on the 1200 and 1300 block of Diana Avenue, and the 1200 block of Condit Road. This extraordinary growth in housing development is something to be proud of!
These plans are undoubtedly ambitious, but if successful, they will help alleviate the California housing crisis and provide quality satellite housing in Morgan Hill and Santa Clara County. The local government actively supports these progressive ideas and hopes that HCD’s ultimate approval will make them a reality. If granted as planned, 1,901 housing developments would mean a sustainable outcome for citizens needing support. It would position both owners, developers, and the public to benefit in ways never thought possible, and the odds are favorable that HCD’s approval will enable Morgan Hill and Santa Clara County’s ‘builder’s remedy’ projects to emerge in early 2021.
