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Builder’s Remedy would not automatically kick in. Although we’d become out-of-compliance on February 12, a housing element is still considered adopted until it’s decertified, and HCD gives cities a 30-day grace period before decertifying
Once (IF) LA gets decertified, developers will immediately be able to begin filing preliminary applications to lock-in their projects. Projects would be subject to the new Builder’s Remedy rules under AB 1893
The new rules make Builder’s Remedy projects much more straight forward:
- By right approval using SB 423
- Use of density bonus waivers and incentives
- Only 7-13% required affordability
On the flip side, there are now density restrictions for Builder’s Remedy projects.
So what will this actually look like in LA?
On almost any single-family lot in the city, you will be able to build up to 80 du/acre, or 160 du/acre using the density bonus.
This equates to 10-20 units on a 5,000 sf lot.
You can also build up to 10 units BY RIGHT with no affordability or wage requirements!
To build more than 10 units, you will need to make at least 7% affordable, and to skip CEQA you will need to use prevailing wage labor. However, most projects will be eligible for a Class 32
On RD1.5 parcels, you can build at 122 du/acre or 244 du/acre using DB.
This equates to 21-42 units on a 7,500 sf lot
On R3, you can build 198 du/acre or 397 du/acre using DB.
That equates to 34-68 units on a 7,500 sf lot.
On commercial parcels, you can build a whopping 362 du/acre or 723 du/acre using the density bonus.
That’s enough density to build a high-rise on a half-acre parcel. A typical urban Ralph’s plaza would allow 2000-3000 units.
If it looks like LA will actually be facing Builder's Remedy, I'm going to try and put together a coalition of land use consultants, attorneys, architects, and developers to pump out projects.
I think a goal of entitling 1,000 builders remedy projects could be cool
A number of people have messaged me who want to get involved with this coalition, so I put together a sign-up sheet:
Shh.... let's not tell city council 
Maybe this is their plan, "oh shucks, our hands are tied... dang state law!"
Maybe this is their plan, "oh shucks, our hands are tied... dang state law!"
Thanks for sharing this great analysis. What are SQFT construction costs in LA today? What kind of projects pencil the easiest?
I think 6-10 unit projects on single-family lots will be the easiest to pencil for most developers.
They’re by-right with no IZ units and no prevailing wage, and 3-story buildings have cheaper construction costs. Plus you could do townhomes or single-stair walk-ups
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With the new changes to BR, do you think developers will propose more projects in Huntington Beach? Especially if they pass Measure U and make it impossible to pass a compliant housing element.
I imagine we'll see a lot more small projects on single-family lots. However I could see Huntington Beach responding by just not issuing building permits
It’s always been obv. that this was a secondary goal of some people. It would be too bad considering all of the work that went into the H.E. The city should carefully gauge what likelihood is via proactive discussion with HCD. Similar scrutiny should kick half of cities to b.r.
The funny thing is that CHIP and Builder’s Remedy actually should work pretty well together. BR provides the base density, and then if the necessary IZ percentages are provided, developers should be able to use CHIP to make projects by-right + incentives
Can you explain SB450 to us, in particular does it effectively void that southern CA judge’s ruling against SB9 in the spring of 2024?
Have your ever been seen a BR project get approved? Built?
I have seen dozens of headlines announcing their arrival at planning departments and have not heard of a single one actually advancing.
Would be thrilled for you to prove me wrong rn.
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Will the changes to the builders remedy actually results in it being useful bc now it seems local govs can still hold up builders remedy projects even if technically not allowed
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I do not think that legalizing duplexes in affluent suburbs is “colonization”
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Michael O'Grady (He/Him/His) 
@m0grady
Replying to @m0grady @SukritGanesh and 3 others
My arguments have consistently been if that all you do is deregulate zoning, without any safeguards/assistance programs, this will end up with colonization. I could support upzoning that had additional safeguards.
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ALERT: a FOREIGN CULTURE has taken over Downtown Pittsburgh, and the INVADERS are now celebrating with a FESTIVAL of their native foods and drinks. Appalling.
The golf course on the right is 320 acres of the most prime real estate in the country, valued at $8 billion. Due to tax loopholes, it pays only $220,000 annually in property taxes.
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Evan Farrar
@evanjfarrar
behold, one of the greatest land use policy failures in the country
Such a tired NIMBY trope
The YIMBY agenda is not replacing Brooklyn brownstones with skyscrapers
Achieving Brooklyn brownstone density anywhere else in the country would be beyond most YIMBYs wildest dreams
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Gender Calvinist
@duns_sc0tus
Replying to @duns_sc0tus
I guarantee that if we level all the brownstones in Brooklyn to build megatalls, our grandchildren will look at that decision with the same bewilderment that we do what our grandparents did to our cities