What Would Happen If San Francisco Loses Local Zoning Control? This Southern California City Might Offer a Clue.

West Coast Land Use and Environment attorney Daniel Golub spoke with the San Francisco Business Times about the builder's remedy, a measure contained in the California Housing Accountability Act. Under this provision, cities that fail to adopt a final Housing Element before the Jan. 31, 2023, deadline will not be able to reject proposed residential development, even if it does not comply with zoning codes. San Francisco and other Bay Area cities recently discovered that they misinterpreted the deadline, and if they miss it, any projects proposed in the interim would qualify for the builder's remedy treatment. Santa Monica, a Los Angeles suburb, exemplifies what could happen in this scenario, with more than a dozen projects proposed under the remedy. Mr. Golub said that developers are thinking more about this option, even though it's too early to tell what could happen in San Francisco.

"I'd say awareness of the builder's remedy is certainly significantly increasing," he said. "All these different factors are creating a perfect storm, and it's increasing interest."

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