'Nuclear Option'? Supersized Housing Projects Are Planned for Bay Area's Wealthiest Cities. Is One Coming to Your Neighborhood?

Land use and government attorney Daniel Golub was interviewed by Mercury News on larger housing projects planned for exclusive neighborhoods in the San Francisco Bay Area. Developers have started using a provision in state housing law dubbed the "builder's remedy" to try and get projects approved that are bigger than local zoning restrictions usually allow. Under this provision, a city that does not meet the deadline to have its housing plan approved by the state must accept a builder's remedy project, so long as a certain percentage of the planned units are classified as affordable. The article said certain cities and towns, such as San Mateo, Menlo Park, and others, have expressed they could deny "builder's remedy" proposals regardless of the plan's state approval. Mr. Golub said, a state appeals court held that judges should defer to the state on cities' housing plans unless regulators' decisions are "clearly erroneous or unauthorized."

"Cities that want to go up against the determination of (the state) are going to face a tough road in persuading the court to side with them," he said.

READ: 'Nuclear option'? Supersized Housing Projects Are Planned for Bay Area's Wealthiest Cities. Is One Coming to Your Neighborhood? (Subscription required)