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County reports 29 builders' remedy applications; McKee project approved earlier
Summary
Staff said Santa Clara County currently has 29 builders' remedy housing applications, mostly in unincorporated rural areas; one earlier builders' remedy project at 3193 McKee (10 units) was approved and is in building permit plan check. Commissioners discussed CEQA and the narrow legal pathways to deny builders' remedy projects.
Sami Gutierrez told the commission the county has "29 applications for housing projects associated with builders remedy," and that one of those projects, at 3193 McKee (10 units), was approved earlier this year and is now in plan check for building permits.
Commissioners asked about the county's discretion for projects that qualify under builder's remedy law. Staff responded that builders' remedy projects are subject to state law requirements and CEQA where applicable; some projects that qualify for streamlined state processes (the transcript reference was to a B-1-30 exemption used for a McKee project) may face a narrower environmental review path. "All builders remedy projects are subject to state law requirements, and there are criteria specifically identified in state law for denial of a project," staff said.
The commission discussed practical concerns for rural projects, including wildfire and water availability, and whether county processes offer additional avenues for scrutiny. Staff said the county must follow state criteria and that CEQA obligations—where the exemption does not apply—still govern environmental review.
