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Builder's remedy has come to the Bay Area - San Francisco Business Times

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You might hear the term “builder's remedy” a lot more these days in Northern California. What is it and why is it important? Let us explain.

Just three jurisdictions of the 109 that make up the Bay Area successfully adopted compliant housing elements by the Jan. 31 deadline: Alameda and San Leandro, in the East Bay, and San Francisco. Some jurisdictions, like Berkeley and Oakland, adopted Housing Elements by Jan. 31, but did not receive state approval of their plans before doing so.

But I did hear of one project going forward. Mark Hogan, a San Francisco-based principal at architecture firm OpenScope Studio, told me Thursday that he intends to submit a builder’s remedy project for a client in a “very small jurisdiction on the Peninsula” Feb. 3. The application, he said, is for “someone with a large lot who feels like we should be building a lot more housing and wanted to take advantage” of the provision.

“Most of the cites are very hard to develop in,” he told me, “and there’s very little land zoned for multifamily that is in a desirable location.” “You’re looking for the Santa Monica equivalents,” he told me. “That means an area where property values are high, anticipated return on investment is high and there’s a clear indication that the housing element is not in substantial compliance.”Even as builder’s remedy opens the door for sort of a “zoning free for all” across the Bay Area, obstacles to its utilization remain. Take CEQA, for example, which has become an infamous tool for stopping housing projects.

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