San Jose approves seven-story Builder’s Remedy project near Cupertino border ...Middle East

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San Jose approves seven-story Builder’s Remedy project near Cupertino border

San Jose approved permits last week for a mid-rise housing project near the city’s western border with Cupertino that will add more than 100 apartments once construction is completed.

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Borello Asset Management had initially submitted an application under the Builder’s Remedy process in 2023, aiming to transform the .72-acre lot at 1000 S. De Anza Blvd. into a seven-story, 118-unit complex. To make way for the housing project, the developer will demolish a 2,658-square-foot commercial building that was once home to Mori Kitchen, which closed in 2023.

    “The current use of the property — a single-story commercial building currently vacant, surrounded by a sea of paved parking — (is) an inefficient use of land that does not benefit anybody,” said Erik Schoennauer, a land-use consultant representing the developer. “Redeveloping the property makes sense for the neighborhood and for the city. The proposed multi-family apartment building is consistent with the pattern of development throughout the city’s urban village areas and along the major commercial corridors.”

    Borello had submitted its preliminary development application in June 2023, when the city’s housing element was still not in compliance with state requirements.

    This allowed the developer to take advantage of the Builder’s Remedy process, which locks in any policies, ordinances, fees, and standards in effect at the time the application was submitted. It also forced city staff to evaluate the project as if it met the General Plan land-use designation and the zoning district’s requirements. The only way a local government could reject an eligible Builder’s Remedy project was if it could show a specific, adverse impact on public health and safety.

    City project manager Alec Atienza said the project site was in a zoning district that would not allow housing unless it was 100% deed-restricted, affordable, or the applicant used another state law to allow development.

    San Jose has approved permits for a seven-story housing complex at 1000 S. De Anza Blvd. The complex includes 118 units, including 24 that will be available at below market-rate rent. (Google Maps) 

    The complex will include 44 studios, 42 one-bedroom apartments and 32 two-bedroom apartments.

    Twenty-four of the units will be available at 80% of the area’s median income. In 2025, the area median income for a single person was $136,650.

    An environmental impact report completed in the summer estimated that construction could begin in early 2026, with the project taking about 14 months to complete.

    The project received some pushback from residents, who expressed concerns about construction noise and vibration affecting nearby homes.

    “If the ground sinks or settles due to excessive vibrations or from the activity of lots of heavy equipment and machinery, the integrity of the post-tension slab at Ventana could be compromised, leading to potential catastrophic structural failures,” Ventana Place Homeowners Association President Becky Bender said. “The ramifications would not only endanger the lives of Ventana Place residents, but also result in astronomical, multi-million dollar repair costs that may not even fully restore the structure.”

    Bender also requested, to no avail, that the developer scale down the project to fit the character of the existing neighborhood.

    Schoennauer addressed the construction concerns, noting that the environmental report included requirements to limit noise impacts and stating that it was implausible that the construction vibrations would affect the townhome buildings.

    While Borello’s project will stick out a little more than the existing buildings, Schoennauer said, the city’s General Plan intended for more intense use along commercial corridors in the long run.

    “The city’s plan is that a street like De Anza will be all seven stories someday,” Schoennauer said. “That’s the plan adopted by the City Council for decades, so our project, just because it’s one of the earliest ones, is not out of place.”

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