🚜 Like a growing California city, this site is under construction. 🚜

What is the Builder’s Remedy?

In California, if a city does not plan for the number of homes required by the state, the city has to approve any housing project as long as at least 20% of the homes are low-income or 100% of them are moderate-income.

Specifically, if a California city does not have a “substantially compliant” housing element, the California Housing Accountability Act indicates that the jurisdiction cannot use its zoning or general plan standards to disapprove any housing project that meets the affordability requirements. 

How do I use it?

It all starts with an SB 330 preliminary application. This locks in the “ordinances, policies, and standards [including builder’s remedy availability] … in effect” at the time you submit. (Gov. Code § 65589.5, subd. (o).) You are still responsible for submitting a full application within 180 days of your preliminary application, and timely responding to the city’s input.

If your city does not have a compliant housing element, (check status here) put in an SB 330 project application while the city is out of compliance. 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, from us, that you can adapt.

  • Submit information about your project to us here. Make sure to indicate that it is a Builder’s Remedy project, and we 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.

Where the Builder’s Remedy Will (or May) Apply

Jurisdictions around Monterey Bay and in the San Joaquin Valley must revise their housing elements this winter. Elsewhere, many cities remain noncompliant long after their deadlines.

Last updated December 12, 2023. Emoji key:

  • 🥳: state-certified — no builder’s remedy (presumptively)*

  • ⏲️: status TBD — check again later

  • 🤔: self-certified — builder’s remedy, but it takes a lawsuit

  • 🏘️: too late — builder’s remedy

Monterey Bay Area (noncompliance begins December 16, 2023)

San Joaquin Valley (noncompliance begins January 1, 2024)

Bay Area 🤔/🏘️: Alameda Co., Atherton, Belmont, Belvedere, Benicia, Brentwood, Burlingame, Clayton, Colma, Contra Costa Co., Cupertino, Daly City, Danville, Dublin, East Palo Alto, Fairfax, Foster City, Half Moon Bay, Hercules, Hillsborough, Lafayette, Larkspur, Los Gatos, Martinez, Menlo Park, Mill Valley, Millbrae, Monte Sereno, Napa Co., Newark, Novato, Pacifica, Palo Alto, Pittsburg, Portola Valley, Ross, San Anselmo, San Bruno, San Carlos, San Jose, San Mateo, San Mateo Co., San Pablo, Santa Clara, Santa Clara Co., Saratoga, Solano Co., Sunnyvale, Vallejo, Woodside, Yountville

Central Coast 🤔/🏘️: Carpinteria, Fillmore, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Barbara Co., Santa Maria, Santa Paula, Solvang, Thousand Oaks

Northern Central Valley 🤔/🏘️: Biggs, Glenn Co., Gridley, Orland

North Coast 🤔/🏘️: Blue Lake

Sacramento Area 🤔/🏘️: Davis, Live Oak, Wheatland

Sierra Nevada, Foothills, and Cascadia 🤔/🏘️: Alpine Co., Amador, Amador Co., Dorris, Dunsmuir, Etna, Fort Jones, Ione, Jackson, Montague, Mount Shasta, Plymouth, Siskiyou Co., Sutter Creek, Tulelake, Weed

Southern California 🤔/🏘️: Adelanto, Alhambra, Aliso Viejo, Anaheim, Arcadia, Artesia, Banning, Barstow, Beverly Hills, Blythe, Buena Park, Calexico, Calimesa, Canyon Lake, Carson, Chino, Claremont, Coachella, Colton, Commerce, Compton, Coronado, Costa Mesa, Covina, El Segundo, Escondido, Fullerton, Garden Grove, Grand Terrace, Hawaiian Gardens, Hemet, Hermosa Beach, Hidden Hills, Huntington Beach, Huntington Park, Indian Wells, Irwindale, La Canada Flintridge, La Habra Heights, La Mirada, La Palma, Laguna Niguel, Laguna Woods, Lemon Grove, Loma Linda, Lynwood, Malibu, Mission Viejo, Murrieta, Orange, Orange Co., Palm Springs, Palos Verdes Estates, Placentia, Poway, Rancho Palos Verdes, Rialto, Riverside Co., San Bernardino, San Jacinto, San Marino, Santa Fe Springs, Seal Beach, South El Monte, South Gate, South Pasadena, Upland, Vernon, Villa Park, West Covina, Westmorland

More Builder’s Remedy Material

One Trick to Bypass Single Family Zoning webinar w/Bryan Wenter, HAA/CEQA Attorney

Letters from HCD regarding the application of the builders remedy:

CEQA Exemptions (ALWAYS consult a CEQA attorney)

Who is already using it?

Funding is available.

We can connect you to investors who want to fund Builders Remedy projects. Please fill out our form, and also email sonja@yimbylaw.org.