Almost three years after the state’s deadline, a Bay Space county and three cities throughout the area nonetheless haven’t finalized their state-mandated housing plans, leaving them susceptible to fines, lack of grant funding and the dreaded “builder’s remedy,” which might price them management over land use selections.
San Mateo County and the cities of Half Moon Bay, Belvedere and Clayton have but to safe state approval for his or her plans, which had been due by Jan. 31, 2023.
Each eight years, native governments throughout California are required to submit the plans, referred to as housing components, which function roadmaps for a way cities and counties intention to allow a particular variety of properties throughout a spread of affordability ranges.
In complete, the Bay Space’s 110 native governments are chargeable for including 441,000 new properties between 2023 and 2031, up from 187,990 within the earlier eight-year cycle. Thus far, the area is much delayed in assembly the formidable new purpose, partially due to excessive rates of interest and different market forces.
Regardless of the specter of stricter penalties, housing advocates say the few remaining municipalities with out accomplished housing components seem to lack a way of urgency in acquiring the state’s sign-off.
“They’re mostly small and wealthy jurisdictions that probably feel they don’t have any obligation and that they can hire enough lawyers to get out of whatever obligation the state imposes on them,” stated Matt Regan, a housing coverage skilled with the Bay Space Council, a pro-business group.
Some native officers rejected the declare, saying they’ve labored carefully with regulators to finalize the advanced plans, that are sometimes lots of of pages and description a broad vary of housing insurance policies and practices.
“There hasn’t been any foot-dragging happening in the city of Half Moon Bay,” stated Leslie Lacko, neighborhood improvement director with town.
Earlier this month, the San Mateo County coastal metropolis adopted a fifth draft of its plan to replace insurance policies on accent dwelling items and different considerations from regulators. The town goals to submit the plan to the state officers this month.
Since phasing within the new housing factor guidelines, the state has solely pursued severe penalties towards a handful of cities, primarily in Southern California, for failing to safe approval for his or her plans. In 2023, state officers sued Hunnigton Seashore, which has brazenly flouted the housing factor course of, placing it liable to doubtlessly lots of of 1000’s of {dollars} in month-to-month fines.
The state’s Housing and Neighborhood Growth division didn’t present a response to questions on whether or not the state would search to impose penalties towards any Bay Space jurisdictions.
Nonetheless, Bay Space communities that had been late submitting their housing plans have been topic to the builder’s treatment, a provision in state regulation that enables builders to push by means of huge housing initiatives that exceed native zoning limits. Native governments are solely required to simply accept such initiatives in periods when the state determines their housing components are out of compliance.
As of final yr, cities and counties throughout the area had acquired no less than 98 builder’s treatment proposals, totaling greater than 13,000 items. Regardless of a flurry of headline-grabbing purposes and the following uproar from suburbanites that the builder’s treatment would “Manhattan-ize” their communities, it stays unclear what number of initiatives have really damaged floor.
In Belvedere, nevertheless, one developer used the specter of a big builder’s treatment proposal to steer native officers final yr to approve a smaller, 40-unit duplex undertaking alongside the prosperous Marin County metropolis’s waterfront.
Even so, Belvedere has but to finish its housing factor. In September, regulators despatched town a letter urging it to finish a required rezoning course of to permit for extra housing, a key side of its plan. The letter additionally reminded town about potential fines and penalties for noncompliance, together with ineligibility for sure state housing and transportation grants.
Belvedere officers didn’t reply to a request for remark.
On the Peninsula, San Mateo County acquired an analogous letter from the accountability unit in September. County officers stated they’re working as “expeditiously as possible” to complete their required rezoning course of by the center of subsequent yr, attributing the delay to “difficulties of navigating the many new housing laws” handed lately. They stated the county had not acquired a builder’s treatment software.
In Half Moon Bay, officers stated the gradual progress is critical to make sure town’s housing plan complies with laws outlined by the state’s Coastal Fee. The fee goals to guard coastal habitats and preserve public entry to the shoreline, however critics have lengthy blamed it for stalling new housing. Officers stated town has not acquired a builder’s treatment proposal.
Metropolis officers in Clayton, a small suburban enclave close to Harmony, didn’t reply to a request for touch upon the delay in acquiring approval of its plan.
