S
anta Clara County is on the verge of finalizing a plan to build 3,125 homes over six years, along with dozens of state-mandated projects in rural areas. The county's Board of Supervisors will vote on the plan on January 28, after it was deemed compliant with state regulations last month. This comes two years after the county missed its deadline for certifying a housing element plan, which outlined how to rezone unincorporated areas for more homes.

    The delay has opened the county up to the state builder's remedy, allowing developers to bypass local zoning rules if they include at least 20% affordable housing. Since then, over 30 preliminary applications have been submitted, mostly for new subdivisions of single-family homes in rural areas prone to wildfires and floods.

    Supervisor Otto Lee warned that this process could lead to urban sprawl, pollution, and other dangers. Alison Cingolani from the pro-housing nonprofit SV@Home added that such projects "abuse the intent" of the builder's remedy, which was meant to address housing development in historically uncooperative jurisdictions.

    The county may have some recourse under state law, which allows cities and counties to deny builder's remedy projects if they are proposed on agricultural or resource preservation land or lack adequate water facilities. However, it remains unclear whether the county will exercise this power.