Hundreds of affordable homes proposed for North San Jose

A proposal for 780 affordable homes next to Topgolf in North San Jose could be the city’s largest rent-restricted housing complex.

The San Jose Planning Commission held a public hearing Wednesday for Alviso neighborhood residents living near a proposed 100% affordable housing project by developer Cloud Apartments at 7 Topgolf Drive. Housing advocates with organizations like CatalyzeSV and the Greenbelt Alliance said the eight, seven-story buildings would alleviate the need for more housing and retail in the area — but not everyone agrees.

Richard Santos, a longtime Alviso resident and neighborhood advocate who represents the area on Valley Water’s board of directors, said the buildings would be a misuse of the established green space surrounding Topgolf and create traffic congestion. He also pointed to city officials finding the project to be inconsistent with existing development zoning policies in the area.

“This will not be a complimentary welcome to our laid-back community,” Santos told San José Spotlight. “During heavy traffic, 49er games and concerts, this bumper-to-bumper traffic cuts through the Alviso community … This would put our library, our kids and senior citizens in unsafe situations.”

Cloud Apartments is looking to invoke a state law known as “builder’s remedy,” which allows developers to bypass local zoning requirements when a city is late getting a state-certified housing plan.

District 4 Councilmember David Cohen, whose district includes the project, wants the developers to involve Alviso residents in the planning process.

“I have encouraged the developers of the project to engage in robust community engagement,” he told San José Spotlight. “They are attempting to invoke state laws that allow them to bypass city zoning and council input, so I hope they listen to the community feedback they receive.”

The project qualifies under builder’s remedy because San Jose’s state-mandated housing plan was out of compliance when the developer first submitted the application. Planning department officials will make a final determination at a later date.

“The purpose of the item before the Planning Commission is not to approve or deny the project but to provide an opportunity for the public and local government officials to comment,” Planning Director Chris Burton said in a recent memo. “The project proponent believes the project qualifies for Builder’s Remedy because it provides housing for low-income households.”

More than one dozen residents spoke at the planning commission meeting, with most joining Santos in opposing the project for similar concerns.

Chair Anthony Tordillos remained neutral throughout the two-hour discussion, and encouraged the developers to increase community benefits and take residents’ concerns into consideration. The project can be approved by planning department officials without additional public hearings.

“This is a very interesting project,” Tordillos said at the meeting. “We’re looking at a type of housing that we don’t often see come before the commission, a middle-income project that is not reliant on any public subsidy.”

All 780 apartments will be affordable for households making 80% of the area median income (AMI) — $159,550 per year for a family of four in Santa Clara County.

A San Jose planning department spokesperson said the developer can choose to modify the project after Wednesday’s hearing.

“Builder’s remedy is what makes this project possible as it’s not in an area zoned for housing,” spokesperson Marika Krause told San José Spotlight. “Builder’s remedy may allow the project to go through a more streamlined review process.”
Catalyze SV Executive Director Alex Shoor said his members support the project for its affordability, proximity to transit and inclusion of 16,238 square feet of commercial space.

He said he wants to see the developer lower the AMI threshold to make the apartments more accessible to lower income families.

“Our members would love to see that number come down a little bit, or diversify so we get 60%, 50% and 30% AMI on at least some of the units, because as you know, 80% of AMI is still so expensive,” Shoor told San José Spotlight. “North San Jose is an area that is prime for building new communities, some areas feel like a blank canvas.”