I doubt this applies to cities that adopted their housing elements by the Jan 31 deadline and submitted them as revisions that are still pending review by the HCD.
I'm sure some of those will still eventually be judged out of compliance and builder's remedy may stand, but for now they're just pending review.
The cities that are likely to actually be subjected to builder's remedy (which will be challenged in court, which might cause delays for any developers trying to use it, but is still a useful bargaining chip) are those marked as "NEW CYCLE". Those cities did not prepare any housing permitting plan submission to the HCD at all by the deadline.
Anything's possible, but just due to timing that seems unlikely. The Council says they probably won't submit the legislation for review until December or January.
From my experience as a planner and subsequent experience as an architect, I infer that the discretionary review process tends to prevent injunctive delays via the courts. Conclusion of the quasi judicial discretionary review process exhausts due process while direct decision by the board makes overturn by a court highly unlikely because the board has statutory authority to make the decision to issue the permit. From a project development standpoint, the timeline is predictable so long as it accounts for the discretionary review process. If discretionary review doesn’t happen then the project will be ahead of schedule.
To put it another way, discretionary review tends to benefit professionals but will tend to upset those attending their first rodeo. As I mentioned elsewhere it’s often worth hiring a local real estate attorney experienced at working with the planning department.
Yes, a common misconception. The RHNA process is conducted on a rolling calendar. SANDAG had to close their housing elements in April 2021. SCAG cities had a deadline in October 2021. ABAG cities are due today. AMBAG is not due until December 2023.
Edit:
RHNA: regional housing needs allocation
SANDAG: San Diego Association of Governments
SCAG: Southern California Association of Governments
ABAG: Association of Bay Area Governments
AMBAG: Association of Monterey Bay Area Governments
RFPs are due by Oct 19. My first reaction was "there's no way city and state governments can work together to produce incentive packages that quickly".
On second thought, it makes me wonder if they're shopping for local governments which can be that responsive with an eye on getting stuff done efficiently in the future (permitting, zoning).
In which region were those villages? I doubt the same will happen everywhere.
Edit: in fact, I just checked one such requirements list, and for example this local administration set the time limit for the renovations as 3 years, not 1.
This is still early in the process. It will take some time before we know what the final regulation is. The comment period is between now and January of next year.
I don't think that's actually true. On the 17th de Blasio announced that it might happen and he'd release the decision within 48 hours. Cuomo smacked that down but then issued a shelter in place order on the 20th. So there's up to three days variance there. Realistically it's one day. But the point in the article is that both politicians should have been considering shelter in place ten days before.
They are yet to issue the final regulation - existing entities have around two years to comply. This is HUGE, so I am sure we will hear more about this in the coming months.
That latest report says it covers the first half of 2017 so we'll have to wait to see whether they consider the actions from the second half of the year to change the fourth item on that list.
That’s great, but have you tried interacting with government to confirm yourself? It is unbelievable how long it takes to deal with CRA these days, or get a building permit for something as simple as a deck returned. Wait times are massively longer than they were pre-COVID.
Unrelated: the time frame to comment on this rule for residents has expired. Were it that I was aware of this earlier! How can I not miss these things in the future?
I'm sure some of those will still eventually be judged out of compliance and builder's remedy may stand, but for now they're just pending review.
The cities that are likely to actually be subjected to builder's remedy (which will be challenged in court, which might cause delays for any developers trying to use it, but is still a useful bargaining chip) are those marked as "NEW CYCLE". Those cities did not prepare any housing permitting plan submission to the HCD at all by the deadline.
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