Santa Barbara’s First Builder’s Remedy Application

June 2, 2023

Every eight years, the state of California determines the RHNA (Regional Housing Needs Assessment) number of housing units each jurisdiction is expected to produce locally to collectively address the statewide lack of housing.  Each jurisdiction’s response to how they will provide the allocated number of housing units is their Housing Element.  

Many California jurisdictions missed the February 15, 2023 deadline to have their Housing Element approved by the state and remain out of compliance with state requirements.  This noncompliance subjects the jurisdictions to developers invoking Builder’s Remedy, a provision of California’s Housing Accountability Act.  Under Builder’s Remedy, the jurisdiction is required to approve any housing project proposing at least 20% of the units as low-income or 100% moderate-income.  The City and County of Santa Barbara are currently out of compliance and are receiving Builder’s Remedy applications for ambitious housing projects beyond what is normally allowed under local zoning code.  As soon as jurisdictions have their Housing Element approved, the possibility of Builder’s Remedy applications will end.  

Noozhawk Article: Santa Barbara Approves First Builder's Remedy Application

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