Focus
A developer's guide to the Builder's Remedy
Allen Matkins – November 4
The so-called "Builder's Remedy" under the Housing Accountability Act (HAA) is disciplinary and applies when a local jurisdiction has not adopted a revised Housing Element in compliance with state law, in which case the local jurisdiction cannot deny a qualifying housing development project even if it is inconsistent with the general plan and zoning ordinance. There has been a renewed focus on the Builder’s Remedy, in part because the California Department of Housing and Community Development (HCD) has recently determined that (i) various local jurisdictions are either currently in non-compliance with state Housing Element requirements or could be in non-compliance as of January 31, 2023, and (ii) submittal of a SB 330 preliminary application during the applicable period of non-compliance vests the Builder's Remedy. This alert provides a step-by-step summary of the process for determining whether the Builder's Remedy could apply to a proposed housing development project.
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News
HCD says that Berkeley's rules limiting ADUs in hillside areas violate state law
Berkeleyside – October 27
Local regulations limiting the number of backyard cottages and in-law units that can be built in the Berkeley Hills violate state housing law and must be changed, California regulators told the city this month. The City Council adopted the restrictions in January over the objections of opponents who said the rules conflicted with a 2019 state law for accessory dwelling units. Now the council will have to decide whether to amend Berkeley's ADU regulations to comply with the law or challenge the California Department of Housing and Community Development over the restrictions.
Affordable housing spending is on the ballot in cities across the U.S.
SmartCitiesDive – October 25
Dozens of small, mid-sized, and large cities throughout the U.S. have introduced ballot measures with schemes that would pay for affordable housing and homelessness services through new tax revenues. These include a statewide measure, bond measures, a so-called mansion tax (a real estate transfer tax), and property tax levies. Here are some key affordable housing-related funding measures up for a vote at the city, county, and state levels, including numerous California initiatives, this November.
As renters with electric cars look for charging stations, cities tackle challenges
The Orange County Register – October 25
The transition to electric vehicles is underway for homeowners who can power up in their own garages, but for millions of renters, access to charging remains a significant barrier. Now, cities across the U.S. are trying to come up with innovative public charging solutions as drivers string power cords across sidewalks, erect private charging stations on city right-of-ways, and queue at public facilities. The Biden administration last month approved plans from all 50 states to roll out a network of high-speed chargers along interstate highways using $5 billion in federal funding over the next five years. But states must wait to apply for an additional $2.5 billion in local grants to fill in charging gaps, including in dense urban areas.
A public building that can decarbonize Santa Rosa's electric grid
Next City – November 1
Two years ago, the energy company Sonoma Clean Power set out to renovate a 1979 structure in Santa Rosa, California, for its new headquarters. The building had long been powered by natural gas. The vision for the final product was radically different — a test case to accelerate the decarbonization of the electrical power grid. The New Buildings Institute and U.S. Green Building Council have partnered on the GridOptimal Buildings Initiative, which develops strategies to better integrate buildings into sustainable utility grid management and move away from dependence on fossil fuels, with the emphasis that buildings play a crucial role. Sonoma Clean Power's Santa Rosa headquarters is the first completed pilot, with the hope of inspiring replication.
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