Pending state legislation would significantly amend the Builder’s Remedy under the Housing Accountability Act

Allen Matkins – April 3

Two bills proposed to modify the Builder’s Remedy are currently making their way through the State Legislature. As currently proposed, AB 1893 (Wicks) would (i) reduce the required percentage of (lower income) affordable units for mixed-income Builder’s Remedy projects from 20% to 10%; (ii) impose new size and location guardrails on Builder’s Remedy projects; and (iii) authorize local jurisdictions to require compliance with other specified objective development standards so long as they do not reduce the “allowed” project density or result in an increase in “actual costs.” As currently proposed, AB 1886 (Alvarez) would clarify the necessary conditions for a Housing Element to be deemed “substantially compliant” with State Housing Element Law. That determination is important, as it dictates whether the local jurisdiction must accept and process Builder’s Remedy applications.

News

A wealthy Peninsula town is dragging its feet on building housing, state says. Now, it faces consequences

East Bay Times – April 2

The California Department of Housing and Community Development (HCD) has decertified Portola Valley’s Housing Element. Earlier this year, Portola Valley became one of the first towns in San Mateo County to receive HCD approval for its state-mandated Housing Element update. But regulators at HCD say that plan for building new housing pursuant to the Housing Element isn’t worth anything if the town isn’t following through on it — and, as it turns out, Portola Valley isn’t. So state regulators last week decertified Portola Valley’s Housing Element, opening it up to consequences like the Builder’s Remedy.

State appellate court upholds constitutionality of SB 10

Davis Vanguard – March 30

The California Second District Court of Appeal has affirmed a lower court opinion, holding that Senate Bill (SB) 10 is constitutional. As discussed in our prior alert, SB 10 (Wiener) allows cities and counties to up-zone qualifying properties in an urban infill or transit-rich area for up to 14 dwelling units (including accessory dwelling units) without CEQA review. “This ruling is a big win for all Californians struggling under our housing affordability crisis,” said Senator Wiener. “The court’s recognition that our housing crisis is best tackled at the state level is a historic step forward for pro-housing policy. The Department of Justice’s excellent work on this case has paved the way for much more progress to come.”

Huntington Beach barred from approving any new housing developments

Voice of OC – April 1

Huntington Beach has been banned from approving new housing sites that don’t meet state density requirements. As part of an ongoing lawsuit filed by the State of California and Surf City, San Diego County Superior Court Judge Katherine Bacal has temporarily barred Huntington Beach from approving new housing sites. “The Court enjoins the City from enforcing any existing planning and zoning laws to disapprove or reduce the density of any proposed housing development meeting the minimum densities under Section 65583.2 of the Government Code on any of the RHNA [state housing mandates] sites,” reads Bacal’s order issued on March 21. The ruling could foreshadow the result of Surf City’s court battle against state housing laws, which require cities throughout California to zone for a certain level of affordable housing.

Rep. Schiff proposes bill to turn government buildings into affordable housing

Press-Telegram – April 2

It is estimated that the U.S. government owns 45,000 underutilized buildings, and Representative Adam Schiff, D-Burbank, wants to see this vast resource repurposed to fight the nation’s affordable housing crisis. On April 2, Schiff introduced the Government Facilities to Affordable Housing Conversion Act. If passed, the bill would create an annual report on government properties that are suitable for residential reuse, and the bill would provide $250 million each year from fiscal year 2025 to 2030 to incentivize conversion projects.

High-priority local actions in Biden’s new plan to slash building GHG emissions

Smart Cities Dive – April 3

The U.S. Department of Energy has released a federal blueprint for decarbonizing the building sector, which accounts for over a third of the nation’s planet-warming greenhouse gas emissions. The plan lays out actions the federal government can take to reduce building emissions 90% by 2050 compared with 2005, but it also calls for states, local governments, and tribes to help with funding, policy reform, and setting codes and standards.