THINKING: housing projects

California’s Zoning Holiday: What to know about the Builder’s Remedy

If you are looking for info on submitting a Builder’s Remedy Application as soon as possible please skip to the bottom of this article. 

From the Zoning Holiday website:  

“Many California cities have not met State-mandated requirements to allow more housing to be built, so the State has stepped in to allow for ‘Builders Remedy’ solutions. This means typical zoning regulations like density, height and FAR limits are sent on holiday! While local zoning rules are on vacation, owners and infill developers can submit housing solutions constrained only by their imagination, building codes, and CEQA strategy.” 

How did this come about? Cities are required by the State of California to prepare a “Housing Element” that details how the jurisdiction will allow for the number of housing units the State has told them they are required to provide. This document needs to be reviewed and approved by the Department of Housing and Community Development in order to be in compliance. If the city is not “substantially compliant” by the state-mandated deadline, they have to approve any housing project that is submitted as long as at least 20% of the homes are low-income or 100% of them are moderate-income. This is known at the “Builder’s Remedy.”

The city loses control of their zoning until they submit a substantially compliant plan. Even at that time, any project submitted during the “Zoning Holiday” is vested at the time it was submitted. There are still legal questions as to how this intersects with CEQA, California’s environmental quality law.

How do you take advantage of California’s Zoning Holiday/ Builder’s Remedy? 

YIMBY Law lays out the process here: 

If your city does not have a compliant housing element, (check status here) put in an SB 330 project application as soon as possible. Here is what you will need:

• Standard SB 330 application. Many cities have their own applications, but they all collect the same information. 
• Include a letter with your application that explains that you are aware this is a Builder’s Remedy project. Here is a sample letter that you can adapt.
• Submit information about your project to YIMBY Law here. Make sure to indicate that it is a Builder’s Remedy project, and they will also send a letter to the city, basically the same as your letter, letting the city know that we are tracking their processing of your project.

Do you need a building design to fit five units on a residential lot to submit with your SB 330 Application?

OpenScope Studio has already designed prototypes that will fit a five unit building on a 50’ lot. For a fee we will prepare a basic drawing set suitable for this application that contains a site plan and elevations. Your lot must be flat (or nearly flat) and located in a jurisdiction that does not have a compliant housing element. Please email us at info@openscopestudio.com for more info or call our main number at 415-891-0954 as soon as possible.