Their project was denied even though they asserted the builder's remedy. The lawsuit sets up a legal battle over whether cities can get out from under the builder's remedy by self-certifying their housing element.
Both cities claim that their Housing Elements are compliant, even though HCD has not yet approved them. Sonoma also claimed an apartment proposals application was deficient.
Five of the 12 Bay Area jurisdictions sued over non-compliant housing elements are in Santa Clara and San Mateo Counties. Meanwhile, Builder's Remedy applications begin to pop up.
Coming just days after the region's RHNA deadline the lawsuits suggest pitched battle ahead over the Bay Area's housing targets -- and maybe even a Builder's Remedy battle or two.
The attorney who is helping developers bring over 4,000 units to Santa Monica nearly overnight shares the nuances of the newly powerful Builder's Remedy.