SB 457
SUMMARY
SB 457 prevents the misuse of the Builder’s
Remedy while continuing to provide strong
incentives for cities to develop and adopt
compliant housing elements on a timely basis.
PROBLEM
Currently, a housing element is not considered
compliant until the date on which it is deemed
compliant by the California Department of
Housing and Community Development (HCD)
or a court, even if the agency adopted the
housing element, without any change in
substance well before that date. This puts the
agency at the mercy of HCD’s workload and
timeline for reviewing housing elements.
In addition, existing law allows a developer to
secure rights to the Builder’s Remedy simply by
filing a preliminary application with minimal
detail. Developers may substantially change the
project described in a preliminary application, so
long as the density and floor area do not change
by more than 20 percent. While this flexibility is
not normally problematic, in combination with
the Builder’s Remedy, which allows a developer
to bypass all zoning and general plan
regulations, it means the project described in a
preliminary application has very little meaning.
Taken together, these conditions allow some
developers to file hasty, preliminary applications
as placeholders to claim Builder’s Remedy
protections, even after an agency has adopted all
of the analyses, policies, and programs that are
later determined to satisfy state law. This strays
beyond the purpose of the Builder’s Remedy to
provide developers with relief when an agency’s
land use policies do not comply with state
requirements. Instead, it permits developers to
proceed with projects that may not comply with
local policies and programs that have met the
state’s high standards for both fair housing and
overall housing production.
CURRENT LAW
Provides that for purposes of a local agency's
approval, conditional approval, or disapproval of
a housing development project, a housing
element or amendment shall be considered in
substantial compliance with housing element
law only if the element or amendment was in
substantial compliance as determined by HCD
or a court of competent jurisdiction.
The Builder's Remedy prohibits a local
government from denying a housing
development project that includes a percentage
of units set aside for affordable housing for a
period of 55 years for rental units, and 45 years
for ownership.
THIS BILL
SB 457 would ensure that agencies are treated
equitably and that their exposure to the Builder’s
Remedy is not dependent on HCD’s review
timelines. It will ensure that agencies are not
penalized after they have committed to a
compliant housing element and that they are able
to enforce the policies contained in their
compliant housing element.
This bill would also clarify that the Builder’s
Remedy is available only to developers that
demonstrate a serious commitment to a Builder’s
Remedy project by requiring a complete
application to be filed before the agency adopts
a housing element later determined to be
compliant by HCD or a court.
SUPPORT
None on file.
OPPOSE
None on file.
FOR MORE INFORMATION
Sabrina Bertadillo, Legislative Aide
[email protected]
(916) 651- 4013
Status: Introduced. Last Updated 03/24/2025
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