Under state law, if a city is in this period of noncompliance, a developer can submit a builders remedy project. That builders remedy project has to be automatically approved by the city council and the planning commissions as long as 20% of the units that are being proposed are affordable. In other words, the city really has no power to deny the project. But Trevor, this law has been around for a long time. It's not necessarily new.
After the city of Santa Monica failed to submit a state-approved housing plan on time, developers raced to capitalize on the city's failures. Under California state law, developers in cities whose housing plans fall out of state compliance can turn to filing so-called “builder’s remedy” projects that do not require the usual consent of municipal councils or planning commissions.
But how did this happen? TRD's Deconstruct chats with reporter Trevor Bach about why the city of Santa Monica is set to get more than 5,000 new units, whether cities can challenge these projects and how other regions may get a deluge of new housing.