Palo Alto gets first ‘builder’s remedy’ application that bypasses city zoning

Roger Fields of Peninsula Land and Capital has applied to build this 65-foot condo building at 300 Lambert Ave., replacing auto shops next to the old Fry’s parking lot in the Ventura neighborhood in Palo Alto. Illustration by Hayes Group Architects.

BY BRADEN CARTWRIGHT
Daily Post Staff Writer

A developer is getting around the city of Palo Alto’s 50-foot height limit by invoking the “builder’s remedy” — a law that allows new housing to ignore zoning rules in cities that haven’t finished their state-mandated housing plan.

Atherton resident Roger Fields of Peninsula Land and Capital applied on March 23 to build a 65-foot condo building at 300 Lambert Ave., replacing auto shops next to the old Fry’s parking lot in the Ventura neighborhood.

All 45 of the condos would be for sale, and nine of them would be sold at a reduced rate to low-income residents, architect Ken Hayes said in the application.

The building would have five stories, with two floors of underground parking with 85 spaces.

The city will have no choice but to approve the project, unless it’s some kind of hazard.

This is Palo Alto’s first “builder’s remedy” application.

Mountain View has seen three, including a 165-foot complex that would become the tallest building in the city.

Los Altos Hills received an application to build two, five-story apartment complexes on less than an acre of land.

Developer Forrest Linebarger said he has turned in more than 20 housing applications since 2006, and the town hasn’t approved a single home.

All “builder’s remedy” projects must have at least 20% affordable housing.

None of these cities have finished their Housing Element, a plan required by the state every eight years that says where a certain number of homes could get built, along with programs that make housing easier to build.

Palo Alto is required to plan for more than 6,000 homes in the 2023-2031 Housing Element, which was due Jan. 31.

Melinda Coy, the “Proactive Housing Accountability Chief” for the state, sent Planning Director Jonathan Lait a 14-page letter on March 23 detailing changes that the state is requiring the city to make on its first draft.

15 Comments

  1. Great news. Palo Alto needs to accept that increasing housing density is the only way to correct the housing problem. I am also looking for a developer to develop two lots in Cowper street. Two blocks from University. Any developer interested please email me

  2. Great news for Palo Alto. And thank you to the political leaders who provided this tool to circumvent the obstructionists in local government. Let’s build!

  3. They’ll figure out a way to declare it a “hazard” and/or some other obscure regulation to disallow this. It will never happen. I’d bet on it.

  4. This will never happen. The city will find a “hazard” or some other obscure zoning requirement to disallow the project. They will fight tooth and nail to prevent this precedent.

  5. Palo Alto should just say no. They should say we’ve got the money and we’ve got the lawyers and we’re going to fight it. Super premium cities like Palo Alto and waterfronts will be the first ones to get the densest housing because there’s the biggest return on investment. Otherwise, In twenty years your grandkids won’t believe Palo Alto used to be beautiful.

  6. What is wrong with you YIYBYs? Just OK to stuff in anything next to other people, no matter how tall? You’ll claim that you’d accept it next to your backyard. But you wouldn’t.

    • The point is, Palo Alto said “not in *anyone’s backyard” … exacerbating the housing crisis.

      Since they couldn’t act like adults and build responsibly, now it’s being taken out of their hands. Unrestricted development isn’t ideal, but it’s 100% PA’s fault for electing leaders who won’t do their job

  7. Of course it’s “too tall”. I don’t see the problem for the city though. By being able to say they didn’t really approve it, they are protected from being called gauche. And consider that while 41 of the condos will be subsidized housing or else sole for $3.5 Million each, the 4 on the “tall” top floor will likely sell for over $5 Million each as “penthouses.” We have a real shortage of luxury penthouses in Palo Alto.

  8. Of course it’s “too tall”. I don’t see the problem for the city though. By being able to say they didn’t really approve it, they are protected from being called gauche. And consider that while 41 of the condos will be subsidized housing or else sole for $3.5 Million each, the 4 on the “tall” top floor will likely sell for over $5 Million each as “penthouses.” We have a real shortage of luxury penthouses in Palo Alto…. time something was done about that.

  9. Perhaps Forest Linebarger could use the Builders’ Remedy to build a 10-unit apartment next to Roger Fields’ Atherton home.

    I’m sure Roger would totally support that.

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