Stay Informed About SB330 Builder's Remedy Projects

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SB 330, the Housing Crisis Act of 2019, was enacted to help accelerate housing development in California by limiting certain local restrictions and streamlining the review process for qualifying housing projects.

The Builder’s Remedy is a related provision of California’s Housing Accountability Act. Under certain circumstances, when a city or county does not have a Housing Element in substantial compliance with state law, developers may propose housing projects that do not conform to existing local zoning or General Plan requirements.

Santa Clara County – SB 330 FAQs

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What Is Happening in Santa Clara County?

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While Santa Clara County was subject to the Builder’s Remedy, developers could submit preliminary applications to establish or “vest” proposed housing projects. Generally, a complete formal application then had to be submitted within 180 days to maintain those rights.

These projects are not automatically approved. They must still proceed through applicable County and state review requirements, which may include environmental review, infrastructure analysis, and applicable health and safety requirements.

On February 5, 2025, the California Department of Housing and Community Development (HCD) found Santa Clara County’s 2023–2031 Housing Element to be in substantial compliance with state Housing Element Law.

As a result, Santa Clara County is no longer accepting new Builder’s Remedy preliminary applications. However, projects that established rights before that date may continue through the County review process.

Santa Clara County – SB 330 Housing Development Projects- Be sure to click on link so you can view these projects yet to be approved.

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Why This Matters to South County

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A number of Builder’s Remedy/SB 330 applications were submitted in unincorporated Santa Clara County, including significant projects in and around South County.

Some of these developments involve agricultural or rural lands and may raise important community questions regarding:

• Traffic and rural road capacity

• Agricultural land

• Water supply and wastewater treatment

• Schools and public services

• Fire and emergency response

• Flooding and drainage

• Wildlife habitat and corridors

• Infrastructure capacity

• Cumulative impacts of multiple developments

Although new Builder’s Remedy preliminary applications are no longer being accepted, previously submitted and vested projects may continue through the County’s review process.

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Example: Tennant Avenue Area

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One South County example is the proposed residential development at 2215–2880 Tennant Avenue near Morgan Hill. A preliminary Builder’s Remedy/SB 330 application proposed a large residential development on approximately 52 acres of farmland, including affordable housing, parks, and a setback along Tennant Creek.

Because project proposals can change during the application and environmental-review process, residents should review current County records for the latest project size, plans, and status.

Background – Tenant Avenue SB 330 Proposal

Important to Know

SB 330 and the Builder’s Remedy do not mean projects are automatically approved.

Projects may still be subject to environmental and infrastructure review. Depending on the project, this can include traffic, water, wastewater, drainage, agricultural resources, biological resources, wildlife, fire protection, and other environmental impacts.

For South County residents, it is especially important to understand the cumulative impacts of multiple large developments occurring within the same general area, rather than looking at each project only in isolation.

Follow the Projects

Santa Clara County maintains information on Builder’s Remedy/SB 330 projects in unincorporated areas.

View Santa Clara County’s SB 330 Project List (PDF)

Santa Clara County – SB 330 Housing Development Projects

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