Bay Area Cities Largely Miss Housing Element Deadline

Only four Bay Area cities have won the state’s approval for their housing elements, which are required to meet the state’s ambitious housing production targets.

2 minute read

February 12, 2023, 9:00 AM PST

By Diana Ionescu @aworkoffiction


Aerial view of Oakland, California with bay in background

Sundry Photography / Oakland, California

With the January 31 deadline for having housing elements approved by the state come and gone, dozens of California cities will see some of their zoning codes voided under the formerly little-known ‘builder’s remedy’ law, which allows affordable housing projects to bypass local zoning laws.

According to an article by Jack Rogers in Globe St., of the 30 San Francisco Bay Area cities and counties to submit plans (out of 109), only four have had their plans approved by the Department of Housing and Community Development (HCD). “HCD made it clear that it will not rubber-stamp these housing plans when it notified Oakland this week that it has rejected the city’s plan—which exceeded the state’s 26K housing goal for the city by pledging to create 36K new housing units in Oakland.” The HCD rejected the plan, asking the city for proof that the sites it identified for potential affordable housing had a “realistic chance” of development. “The housing regulators also told the Oakland it would need to create a program to track the city’s progress in meeting its state-mandated housing goal, SiliconValley reported.” 

The builder’s remedy is one consequence of California’s crackdown on cities that fail to create housing elements that meet the state’s targets for new housing construction, known as the Regional Housing Needs Assessment (RHNA). Cities without approved housing elements can also lose access to state funding sources. San Francisco, one of the four cities to have its plan approved, proposes rezoning that will permit 82,000 new homes in the city.

Already, attempts to use the builder’s remedy have faced legal opposition. A court decision that stalled a 500-unit San Francisco project last October could pave the way for similar actions from opponents of development.

Friday, February 10, 2023 in Globe St.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Bike Parking Utrecht Centraal Station

Supporting Cycling Takes More Than Just Bike Lanes

Safe, protected bike lanes are a key part of a city’s bike infrastructure — but secure parking, e-bike charging, and other amenities can also influence people’s shift to cycling.

June 11 - Cities Today

A blue and white Sound Transit heavy rail commuter trail with downtown Seattle skyline in background.

Judge Blocks Anti-DEI Rules for Transportation, Housing Grants

A second injunction blocks the Trump administration from enforcing new regulations for federal funding.

June 11 - The Seattle Times

San Jose, California city hall with glass dome in front of modern multistory building.

Unhoused People in San Jose Could Face Arrest if They Refuse Shelter

A policy proposed by the city’s mayor would give law enforcement the option to arrest homeless residents if they refuse three offers of housing.

June 11 - Associated Press