Willow Glen residents are expressing bitter disappointment after a proposed seven-story residential building in their neighborhood gained a permit under a state law streamlining housing development.

The decision — made during the Dec. 3 San Jose Planning Director Hearing — clears the way for San Francisco-based Redco Development to build 126 apartments on a roughly one-acre lot at the southeast corner of Willow Street and Kotenberg Avenue. The building will include more than 1,600 square feet of retail space and will replace an existing liquor store.

The proposed development at 940 Willow St. has faced an organized opposition campaign since Redco first proposed it in 2023. Critics argue the seven-story building is out of character with the surrounding neighborhood, which is largely made up of single-family homes. They also warn the influx of more than 100 new residents would strain local resources.

“There are no buildings even half the height within a mile of it,” Maren Sederquist, president of the Willow Glen Neighborhood Association, told San José Spotlight. “The density is such that it will affect traffic, parking, storm drains, sewers, the electric grid, internet service providers — the whole infrastructure is going to be stressed by this many people.”

A metal gate in front of a commercial building.The new housing development would replace a liquor store that presently operates on the site. Photo by Keith Menconi.

Under normal circumstances, the project might have been denied outright due to the site’s zoning designation, which doesn’t allow for residential developments except projects that focus exclusively on below-market rate housing. However, Redco submitted its application under California’s “builder’s remedy” law, which took effect in January 2023 after San Jose missed the deadline to submit a state-approved housing plan.

As a result, the 940 Willow St. project — along with dozens of others submitted in the 12 months that the city remained out of compliance — can move forward even though they don’t meet local zoning rules.

While the builder’s remedy does allow local officials to step in when a project poses a public health or safety risk, Ruth Cueto, the hearing officer who oversaw the Dec. 3 planning hearing, said no such exceptions applied to the 940 Willow St. proposal.

“Therefore, I must approve this project, because there aren’t any federal or state laws where this project can be denied,” she said at the meeting.

Redco Development also used a state density bonus law, which effectively doubled the number of homes allowed on the site.

San Jose’s housing plan commits the city to produce more than 62,000 homes by 2031. Of those, 15,000 must be affordable homes set aside for low-income residents.

During the meeting, Redco co-founder Chris Freise sought to address residents’ concerns about the proposed development, which will include 20 below-market rate homes.

“We’re not someone who doesn’t care about San Jose or its fabric,” he said. “We had a lot of conversations around massing, height, parking and impacts on the neighborhood.”

Freise, who did not respond to a request for comment, argued at the meeting that the proposed building needs to include seven stories to provide space for on-site parking. Under the proposed design, the building would operate a parking garages on its first and second stories with enough capacity to accommodate 127 spaces.

“If you want a shorter building with no parking, it’s very much possible,” Freise said.

Redco’s proposal also includes transit and pedestrian improvements for the surrounding area, including wider sidewalks and a new bus shelter in front of the development site, according to city officials. Nevertheless, residents said they remain alarmed about the potential traffic impacts.

“I have a little boy, and the streets are already busy,” resident Jenny Ellis said during the meeting. “With all these extra cars driving around, that intersection is going to be extra dangerous, so I’m concerned about safety.”
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Not all residents who spoke during the meeting opposed the development. Kate Weber said she welcomed the added foot traffic and vibrancy the influx of new residents might bring.

“We desperately need more housing in the area,” Weber said. “It’s sad to me that there are members of the immediate community that might not be in favor of this … I’m not actually sure why a person who lives in single-family dwelling in Willow Glen is allowed to tell other people that they can’t live in high density housing close to them, and I’m looking forward to my new neighbors.”

Contact Keith Menconi at [email protected] or @KeithMenconi on X.