First Full Builder’s Remedy Application Filed in Santa Monica

A developer has filed the first full application using the ‘builder’s remedy’ in Santa Monica, months after the little-known legal provision gained attention as an avenue for skirting local zoning regulations in cities that failed to submit appropriate plans under California’s Regional Housing Needs Assessment (RHNA). An article by Trevor Bach in The Real Deal explains the obscure law.

“Under SB 330, a pro-housing state law passed in 2019, developers are able to vest entitlement rights with only a preliminary project application and then file the full application within six months; this year the law emerged as a key factor in Southern California’s surprise surge in builder’s remedy applications, after a state agency affirmed in October that SB 330 also applies to the older provision,” writes Bach.

In its application, WS Communities (WSC) is proposing a 10-story apartment building that would include 20 percent affordable units. The company plans to develop 11 of the 14 preliminary sites they filed applications for in October.

“Earlier this fall, after the revelation of the builder’s remedy applications set off a local frenzy — and prompted hundreds of furious comments and emails from residents — the city began exploring potential legal options to fight the projects, particularly a proposed 15-story, 2,000-unit building on Nebraska Avenue, although experts quickly dismissed one potential strategy floated by the city attorney.”