A building set to have 40 apartment units with four retail stores is under construction at the intersection of Wilshire and 6th Street in Santa Monica. May 24, 2023. Photo by Zaydee Sanchez for CalMatters.
For the last two years the “builder’s remedy” has been the unruly teenager of California housing laws.
Running roughshod over zoning regulations while sowing angst among local elected officials, the law lets developers build as much as they like, wherever they like, in cities and counties that have blown past deadlines to get their housing development blueprints certified by state regulators.
Despite its use as a hardball negotiating tactic by aggressive developers, no project has broken ground, much less finished, as a result of the builder’s remedy. That’s partially because relatively few developers are willing to make use of the confusingly-worded law for lack of legal certainty.
Now, some of California’s most powerful Democratic lawmakers are pushing legislation that would clear up, but also rein in, the state’s most controversial housing statute. Nearly a year and a half since a developer first used the law to propose a zoning-code-blowing project, 2024 may be the year that the builder’s remedy grows up.
“The ‘builder’s remedy’ has sort of lived in the Twitterverse, but actually making it a clear law, so that everyone is following the same rules of engagement and we know what the rules are…(that) is really what we’re aiming to do here,” said Assemblymember Buffy Wicks, a Berkeley Democrat, who chairs the Assembly appropriations committee and who authored AB 1893, which she said would “modernize” the law.
The proposed overhaul, outlined in a newly amended draft of the bill published yesterday, includes new perks for developers, textual edits to clear up how the law would apply and a new “streamlining” provision that would let developers bypass environmental review and public hearing requirements so long as they pay their workers union-level wages and meet basic environmental requirements.
But the bill would also put a cap on how big builder’s remedy projects can be, while prohibiting its use in industrial zoned areas. That’s a break from current law, in which the sky — and the California Building Code — is the limit.
“We tried to land this bill in a place where it is a stick — it’s holding our cities accountable — but it’s not overreaching in its scope,” said Wicks.
Wicks’ bill is backed by Attorney General Rob Bonta, who has ramped up the state Department of Justice’s enforcement of housing production law since coming into office in 2021.
“It has been over 30 years since the builder’s remedy was enacted and it’s remained in effect, largely unchanged, since then,” Bonta said in a statement. The bill is meant to provide clarity to “local governments, planners, developers, and courts,” he added, while also ensuring that housing actually gets built in cities and counties that don’t have certified housing elements, rather than getting stuck in legal limbo.
This is one of at least two bills aimed at tying up the builder’s remedy’s perceived loose ends.
The builder’s remedy has been on the books for more than three decades, but was only recently given new life by pro-housing legal scholars and state housing regulators.
As cities and counties have scrambled to plan for their share of the 2.5 million new homes that Gov. Gavin Newsom wants built across California by the end of the decade, the builder’s remedy — which spells a total loss of local control over land use — has been among the most menacing possible consequences of non-compliance.
It’s also been a reliable path to litigation.
Though the state doesn’t gather data on builder’s remedy projects, the pro-housing legal advocacy group YIMBY Law has identified 93 projects with roughly 17,000 potential units spread across 40 mostly affluent California cities. Jurisdictions have refused to process nearly half of these applications, arguing that the law doesn’t actually apply, that it’s been misinterpreted or that the law itself is unconstitutional. Eight of the projects are the subject of current lawsuits. Few, if any, builder’s remedy projects have actually resulted in new housing — yet.
Defenders of the current law say that isn’t surprising: Large residential developments take years to complete and the current legal ambiguities in the newly unearthed law are being ironed out by the courts in developers’ favor.“The builders remedy is already a very successful program at motivating cities to get in compliance with the housing element law and in generating applications for housing that would otherwise not be possible in the highest income, highest opportunity places in California,” said Sonja Trauss, YIMBY Law’s founder. The group has not taken a position on Wicks’ bill.
Though all builder’s remedy projects remain on paper, the law has taken on an outsized significance in the politics of California housing over the last 15 months.
For “Yes In My Backyard” activists who blame development-averse local governments for the state’s housing shortage, the builder’s remedy has been celebrated as the policy equivalent of the “F — - Around and Find Out” meme.
Jen Wolosin is a Menlo Park city council member whose district includes the former headquarters of Sunset Magazine, now the site of a proposed builder’s remedy project with three residential towers and 805 housing units. The tallest would reach 421 feet. Nothing is moving forward just yet. The builder’s remedy application simply holds the project’s place in the permitting queue. Even so, Wolosin, who was endorsed in her 2020 election by Peninsula for Everyone, a local YIMBY group, called the proposal “jaw dropping” and “outrageous” in its scale relative to the surrounding low-lying neighborhood.
“I don’t like seeing cities flaunt state law and exacerbate the housing crisis,” she said. “That offends me.”
But, she added, in lacking all “guardrails,” the builder’s remedy “can turn off people who would otherwise want to help solve the housing crisis.”
A sizable chunk of California municipalities are still legally vulnerable to the “remedy.” At last count, nearly 40% of cities and counties have failed to have their “housing elements” certified by the state.
Legal gray areas hold back widespread adoption
Wicks’ bill would add some of those guardrails.
The bill would cap projects at twice the current zoned density. That doesn’t include whatever add-ons are allowed under the state’s density bonus law, which gives developers added height and density in exchange for building affordable units. The bill would also allow cities to impose “objective” standards of development, including architectural style requirements, if they already apply to other dense multifamily areas and aren’t prohibitively expensive to abide by.
“This is just a crazy-making provision of the law.” — Chris Elmendorf, Law professor, UC Davis
Putting restrictions on the builder’s remedy may seem an ideological 180 for Wicks and Bonta, both of whom have allied themselves with YIMBY activists. Even so, the bill has received outright support or optimistic neutrality from many of the state’s pro-housing organizations. Leaders of California Community Builders and Habitat for Humanity California are attending a press conference in Sacramento today where Bonta and Wicks will unveil the latest version of the bill.
“Part of why the YIMBY movement emerged was to have a clear process in place to have homes actually being built and if you’re going to have to end up in court all the time, that’s not really ideal,” said Matthew Lewis, a spokesperson for the state advocacy group, California YIMBY.
The group does not yet support the bill, but Lewis said it agrees with Wicks’ general intent. “The builder’s remedy is fantastic, we love it, it’s one of the most popular things among YIMBYs. But with the big asterisk — not if a city decides to sue you all the time.”
Supporters of the legislation say it will resolve two problems that are currently slowing the law down.
The first is legal. As written, the builder’s remedy includes seemingly self-contradictory provisions that seem to simultaneously allow developers an unlimited amount of density while also empowering local governments to apply their own standards. Both of those things can’t be true at the same time.
Setting explicit numeric limits on what is allowed could make it more difficult for opponents to argue that a builder’s remedy project isn’t consistent with the law.
Converting the builder’s remedy from a supersized bargaining chip in an open-ended negotiation into a policy that “anyone with a calculator can figure out” would likely encourage more traditional developers to make use of it, said Dave Rand, a land-use attorney who represents many builder’s remedy projects.
In a perk for developers, the bill would also reduce the number of affordable units that builder’s remedy projects are required to provide. Currently developers have to set aside at least 20% of the units for lower income renters or buyers. The bill would cut that number to 10% while exempting projects of 10 units or fewer from any affordability requirement.
A credible housing threat
Keeping developers from proposing supersized “completely preposterous” developments could also help limit the political backlash to the law, said Louis Mirante, a lobbyist with the Bay Area Council, which regularly backs legislation to speed up housing construction. “Legislators are worried about maintaining the credibility of housing laws to their housing skeptical colleagues.”
The proposal is likely to face plenty of skepticism regardless. The bill is scheduled to go before the Assembly’s Housing and Community Development committee on April 17.
As negotiations continue over future amendments continue, pro-development lawmakers and lobbyists will need to come to a shared conceptual understanding of what the builder’s remedy is actually for, Elmendorf said.
For cities that failed to get their housing plans enacted on time, the builder’s remedy has been seen as a “punishment,” he said.
This new bill could represent a different way of thinking about the law, one that doesn’t unleash unmitigated chaos on a city’s planning department, Elmendorf said, but kicks in “as a default statewide zoning code that applies when cities haven’t come up with a good enough alternative on their own.”
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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
To counter recent legislation that would step up penalties on petty crimes, a group of progressive state lawmakers yesterday offered a rival approach, focusing instead on more services for offenders and survivors of crimes.
They are backing a new legislative package — dubbed “#SmartSolutions” — to address retail theft, fentanyl abuse and support for crime survivors.
The proposals come amid the ongoing tension among Democrats, who are split over how to address the growing public concern about crime, even though statistics paint a mixed picture. For example, retail theft rose in recent years but still remained below pre-pandemic levels in 2022, according to an analysis from the Public Policy Institute of California.
Some Democratic legislators and local officials — eager to show they are acting especially during an election year — have advocated for tougher sentences for retail theft or backed a ballot measure to roll back Proposition 47, a voter-approved measure in 2014 that raised the felony threshold for shoplifting to $950.
Others, however, argue that raising penalties and undoing Prop. 47 could mean California is reverting back to the tough-on-crime policies in the 1980s and the 1990s that led to mass incarceration.
“Some lawmakers have responded (to retail theft) by pushing policies that solely focus on punitive measures that deepen our crisis of mass incarceration at a time when California has pledged to walk away from it and dismantle it,” said state Sen. Lola Smallwood-Cuevas, a Los Angeles Democrat.
Smallwood-Cuevas is sponsoring two bills that would require counties to set up diversion programs for theft-related offenses and increase staffing at grocery store checkout counters.
“I’m not saying that we are not going to be holding folks accountable to the actions that they take,” she said at a state Capitol press conference this morning where three other legislators spoke. “We will not rely on incarceration as a solution, but rather look for ways to build training, create career skills, build industry networks that drive our folks into contribution to our communities.”
Also this morning, two bills toughening state law around petty crimes, such as retail thefts and the “smash-and-grabs,” cleared the Senate Public Safety Committee. They are part of the “Safer California Plan” championed by new Senate President Pro Tem Mike McGuire, a Santa Rosa Democrat.
Under Senate Bill 1242, introduced by Sen. Dave Min, an Irvine Democrat who is running for Congress, those who set fire during organized retail theft might face harsher penalties for reckless arson at the discretion of the judge.
Rachel Michelin, president of the California Retailers’ Association, which supports the bill, pointed to a September incident where a woman set fire in a Target to steal baby formula. “When these businesses fall victim to arson, it not only results in financial loss but disrupts the local economy, leading to job losses and decline in community morale,” she said during the committee hearing. “Stronger penalties serve as a deterrent to potential offenders and help protect both property and human life.”
Another bill sponsored by Sen. Scott Wiener, a San Francisco Democrat, would create new crimes for those who break into vehicles to steal and for those who steal and try to sell more than $950 worth of items. The bill would fix the “locked doors loophole” in state law, which currently requires district attorneys to prove the doors to a car or a house were locked when prosecuting burglars, Wiener said.
Carl Nicita, principal legislative liaison for the San Francisco Police Department, said that requirement is hard to meet: “Victims are often asked to testify in court that their vehicle was locked. But when a victim is a tourist or a visitor, as is often the case in San Francisco, it can be very difficult to secure the testimony of a victim because they live elsewhere.”
The bill, Nicita said during the hearing, would “send a message that, if you break into cars, you will be held accountable.”
Several other bills on retail theft that would increase penalties or give law enforcement more authority have not had a hearing yet. Assembly Bill 1990, by Assemblymember Wendy Carrillo, a Los Angeles Democrat, would allow police officers to make warrantless arrests on misdemeanors of shoplifting offenses, even if they were not present when the alleged crime occurred.
SB 923, from Sen. Bob Archuleta, a Norwalk Democrat, would subject shoplifters with multiple prior convictions to as long as three years behind bars. The bill was scheduled for a hearing yesterday but was then rescheduled for Apr. 16.
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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.
A major magnitude 7.4 earthquake struck Taiwan’s east coast just before 5 p.m. PST., causing buildings to collapse and prompting tsunami warnings in Japan, China and the Philippines. The quake was the strongest to affect the island in 25 years.
Here stateside, the Humboldt County Office of Emergency Services said there is no imminent tsunami threat to our coasts.
“There is no tsunami danger to the U.S. West Coast, including Humboldt County,” Humboldt OES said.
Joey SoCal here already has his e-Bike, and it’s a major part of his identity! He’ll start praising it in a sort of drony, nasal monotone whenever anyone comes within 20 feet of him, and he won’t stop until the sun goes down and his battery’s dead and he’s stranded at the beach! Now you can be just like Joey … but without paying full price. Photo via Pexels.
Press release from the Redwood Coast Energy Authority:
The Redwood Coast Energy Authority’s local electric bicycle voucher program starts
today. This voucher program aims to cut E-Bike prices and all RCEA customers can apply for a voucher valued between $150 - $350. Income-qualified RCEA customers can receive a $500 - $700 voucher, and eligible adaptive E-
Bike riders may receive a $1,000 voucher.
Using E-Bikes instead of cars to go to work, visit friends and run errands can help reduce the number of cars on the
road. This in turn cuts down on fossil fuel use, air pollution and greenhouse gas emissions.
RCEA staff expect high demand for these E-Bike vouchers and worked with local groups to help income-qualified
residents respond quickly at program launch time.
Another program goal is to help customers buy quality, durable E-Bikes that can be maintained and repaired locally.
Voucher holders can purchase eligible standard, adaptive, and cargo E-Bikes at one of five participating Humboldt
bike shops: Adventure’s Edge, N.E.R.D. Scooters, Pacific Outfitters, Sport & Cycle, and Revolution Bicycles.
Visit redwoodenergy.org/e-bikes-information/ to ap\N\Nply for an RCEA E-Bike voucher, learn about income
requirements, and see voucher program terms and conditions.
About RCEA
In 2003, the County of Humboldt, the seven cities within the County and Humboldt Bay Municipal Water District
formed the Redwood Coast Energy Authority (RCEA). The Yurok Tribe and Blue Lake Rancheria joined RCEA in 2023.
RCEA’s purpose is to develop and implement initiatives that reduce energy demand, increase energy efficiency, and
advance the use of renewable resources available in the region. For more information, visit redwoodenergy.org.
Several potholes near Spring and West Hawthorne streets. Photo submitted by Brad Van Pelt.
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Eureka residents love complaining about potholes. Visit any one of the local community groups on social media and you will surely find dozens – or more likely hundreds – of posts and comments about the potholes that plague our streets and the City of Eureka’s failure to get them fixed.
Team LoCO drives around Eureka quite a bit and, sure, there are potholes out there, but is it really that bad? Where are these car-swallowing craters we’re always hearing about? We decided to take matters into our own hands and ask Facebook. In the first hour, we had over 100 comments.
A few of our readers called out a section of N Street between 5th and 14th streets. Several others noted problem areas along Harris and Henderson streets. One playful individual sent us a picture of the drainage hole at the bottom of their terracotta pot. That’s not the kind of pothole we’re talking about, dude!
What is the City of Eureka doing to fix all of these potholes, you ask? Quite a lot actually! Since this most recent dry spell began, crews have laid down over 36 tons of asphalt on various city streets, according to Eureka City Manager Miles Slattery.
“Obviously, we’ve had a very, very rainy winter, and with rain comes road damage,” Slattery told the Outpost in a phone interview. “Up until now, our crews have only been able to go out and do a cold patch, which is basically just a bandaid that takes care of the problem for a short period of time while we wait for the rainy season to pass. … You have to use a hot mix of pavement to fix the potholes appropriately, and that requires good weather.”
If a road gets bad enough, crews have to go in and “completely grind and replace” the road, and that can only be done during dry months, Slattery said.
When asked how the city prioritizes road repairs, Slattery said crews usually try to address high-traffic areas first.
“We prioritze our streets based on the amount of use, you know, the number of vehicles on the road and where the it is located,” he said. “Sometimes we have a location where patching isn’t gonna work, so we’ll put that on the list to be paved. We also try to address complaints as they come in, but we try to do it strategically so that the potholes we’re working on are in close proximity so we can have all of the hot mix and equipment in one place.”
In the years following the passage of Measure H, the voter-approved 1.25 percent sales tax for road repairs, the city has spent over $2.5 million to repave major corridors. “We’ve done more road work in the past three years than we had done on the previous 10,” Slattery said.
The city has some big projects coming up this summer, including repaving along Harris Street, H Street south of Harris Street and Myrtle Avenue. The Eureka City Council is expected to discuss some other upcoming projects associated with its 2024 Capital Improvement Program during tonight’s regular meeting.
“If people are interested in what streets are going to be paved in the next [fiscal] year, they should attend,” Slattery said.
Residents are also encouraged to contact the city with questions and concerns about potholes and other road-related issues. You can make an a report at this link or by calling the Public Works Department at 707-441-4194.
Press release from the Humboldt County Sheriff’s Office:
On 3/31/2024, at about 04:30 a.m., Humboldt County Sheriff’s deputies were dispatched to the 500 block of Pacific Ct. in Trinidad for the report of interrupted burglary with the suspect being detained by a homeowner.
Upon arrival, HCSO deputies found one of the homeowners to be detaining the suspect in the front yard of the residence. The suspect was detained by deputies and later identified as 65-year-old James Kelly. The homeowners reported to deputies that they had been awoken just prior to their 911 call by their dogs barking and the sound of their sliding glass door being opened. Upon investigating the noise, one of the homeowners located Kelly as he appeared to be attempting to exit their property. 911 was called to report the incident and Kelly was detained until law enforcement arrival.
After obtaining statements and conducting their investigation, Kelly was placed under arrest by deputies and transported to the Humboldt County Correctional Facility where he was booked on the charge of attempted burglary (PC664/460(a)).
Anyone with information about this case or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.
UPDATE, Wednesday Morning: The Sheriff’s Office says:
Dellena Wyatt has been located safe.
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Press release from the Humboldt County Sheriff’s Office:
Dellena Wyatt, Age 36
In December of 2023 the family of 36-year-old Dellena Wyatt reported her as a missing person. They had not seen or heard from her since the summer of 2022. She was last seen in the Alderpoint area. Wyatt is described as 5’ 4” tall, 150 lbs., blond/strawberry colored hair, and hazel eyes. She may be suffering from undiagnosed mental health issues and is possibly living a transient lifestyle. The Humboldt County Sheriff’s Office is asking for the public’s help locating Wyatt. If you have information on Wyatt’s whereabouts, please call Investigator Mike Fridley at 707-441-3024.
Anyone with information about this case or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.
