Local Governments Facing Challenges
Cities across California are facing a significant challenge as courts uphold a law that grants developers the power to bypass local zoning rules and build housing without city approval. This law, known as the “builder’s remedy,” has been upheld in two recent court rulings, causing concern among local officials.
The builder’s remedy becomes active when a city fails to meet state-mandated housing plans. In such cases, developers can ignore local zoning laws and build housing projects, even in areas that cities would typically designate as off-limits, provided the projects include a significant amount of affordable housing.
Extensive Impact
This ruling could have far-reaching implications for California’s housing landscape. A substantial number of locations throughout the state could be affected, as only eight of Southern California’s 197 cities and counties met the deadline for approving housing plans in February 2022. As of now, there are still 58 jurisdictions in Southern California and 35 in the Bay Area without state-approved plans.
This backlog of unapproved plans leaves cities vulnerable to developer-led projects that may not align with local zoning regulations.
Ongoing Disputes
State officials have been threatening legal action against cities that refuse to comply with housing requirements. However, this recent court ruling gives developers an added advantage in circumventing local authority.
The builder’s remedy has raised concerns among supporters of local zoning laws, who worry that it could undermine the ability of cities to control their own development plans.
Remaining Protections
It is important to note that the builder’s remedy does not apply in all situations. One court ruling excluded coastal areas, as they fall under special protection measures.
Conclusion
The builder’s remedy has created a complex and challenging situation for cities in California. Local governments are facing pressure to meet state housing goals while retaining control over their development plans. As the legal landscape surrounding housing continues to evolve, it remains to be seen how these challenges will be resolved and what impact they will have on the state’s housing market.
Data sourced from: ktla.com
