A developer is moving forward with plans to use the builder’s remedy to construct an 11-story, mixed-use project blocks from San Jose’s Diridon Station.
Surinder Singh and his representatives have filed development permits for the project located at 101 and 109 Delmas Ave. that would consist of 80 residential units on top of 1,355 square feet of ground floor retail space.
A convenience store and taqueria currently occupy a 2,305-square-foot, single-story building on one of the parcels that would be demolished to make way for the new development. The businesses would occupy the new retail space once it is constructed, according to planning documents submitted to the city.
Singh told the Business Journal that he would be ready to move forward with construction once the city approves the permits. He referred questions about the project’s required affordable housing units to the architect, MANU Studios, which had not responded back at the time of publication.
San Jose’s lack of compliance with state housing law leaves the city susceptible to what’s known as the builder’s remedy. The provision allows developers to skirt local zoning and planning guidelines so long as the proposed developments are primarily residential and contain at least 20% of units for low-income households.
The city is one of eight local jurisdictions within Santa Clara County not to have an approved housing element, which was required in January of this year.
Under the plan, San Jose is required to add 62,200 residential units by 2031.
San Jose’s most recent plan submittal to the state in November is currently under review by housing officials.
As of December 12, the city had received 28 builder’s remedy proposals.
