Overview
The Builder’s Remedy is a legal “penalty” imposed on jurisdictions that fail to meet state-mandated targets for housing production, specifically RHNA (Regional Housing Needs Allocation) mandates.
Impact on Zoning and General Plans:
The most significant impact of the Builder’s Remedy is that qualifying housing projects do not have to comply with a city’s local zoning ordinances or its General Plan. This allows developers to propose projects that are much denser or taller than what local laws would typically allow.
Key features of this impact include:
- Bypassing Local Standards: Because the project is exempt from local zoning, a city’s limited ability to deny a project based on general plan inconsistencies is further narrowed.
- Locked-in Standards: The laws and development standards for a project are “locked in” at the time the initial application is submitted, preventing a city from changing rules mid-process to block the development.
- Extra Concessions: If the developer includes affordable housing within a Builder’s Remedy project, they are entitled to two extra “concessions” regarding development standards.
Limitations on City Authority:
Under the Housing Accountability Act, a city’s authority to deny or downsize these projects is severely restricted. A city can generally only deny a Builder’s Remedy project if it can prove, based on objective and written public safety standards, that the development would cause a “Specific Adverse Impact to Public Health and Safety”.
Nuances in Environmental Review (CEQA):
While the Builder’s Remedy allows a project to ignore local zoning for the purpose of approval, it can create complications for environmental streamlining. Several bills have been introduced that relax and enforce Environmental Impact Review (EIR) requirements for Builder’s Remedy projects, requiring a case-by-case evaluation. To learn more, go to https://en.wikipedia.org/wiki/Builder’s_remedy and review our September 15, 2025 public briefing.