Joe Burn

Sam Mondros

Michael McLaughlin

Max Harrison-Caldwell

Gov. Gavin Newsom just snapped up a new Bay Area home: a hidden mansion in the Marin County town of Kentfield, fitted with outdoor sculptures, a guest house, a handful of walk-in closets, and a swimming pool and spa.

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Gov. Gavin Newsom just snapped up a new Bay Area home: a hidden mansion in the Marin County town of Kentfield, fitted with outdoor sculptures, a guest house, a handful of walk-in closets, and a swimming pool and spa.

The governor and his wife paid around $9 million — 7% more than the asking price — for the house on less than an acre, in a deal that closed Thursday.

The governor and his wife paid around $9 million — 7% more than the asking price — for the house on less than an acre, in a deal that closed Thursday.

The house has six bedrooms and five and a half bathrooms across 5,609 square feet. A prime example of California modernism, it has numerous floor-to-ceiling windows with views of Mount Tamalpais.

The house has six bedrooms and five and a half bathrooms across 5,609 square feet. A prime example of California modernism, it has numerous floor-to-ceiling windows with views of Mount Tamalpais.

Sources confirmed that the Newsom family bought the home through an LLC. The address is being withheld due to security concerns.&nbsp;

Sources confirmed that the Newsom family bought the home through an LLC. The address is being withheld due to security concerns.&nbsp;

Nice house, Newsom — but where’s your tax return?

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In June, news broke that Newsom’s <a href="https://www.politico.com/news/2024/06/24/newsom-children-marin-county-schools-00164789">children were moving from Sacramento back</a> to Marin to continue their education.&nbsp;

In June, news broke that Newsom’s <a href="https://www.politico.com/news/2024/06/24/newsom-children-marin-county-schools-00164789">children were moving from Sacramento back</a> to Marin to continue their education.&nbsp;

The home’s previous owner, Hyatt Hotels billionaire heir Daniel Pritzker, did not respond to requests for comment.

The home’s previous owner, Hyatt Hotels billionaire heir Daniel Pritzker, did not respond to requests for comment.

The deal comes just two months after Marin’s biggest sale of 2024: a $14.4 million home in Sausalito, <a href="https://therealdeal.com/sanfrancisco/2024/09/11/indias-king-of-good-times-sells-bay-area-home-for-14-4m/">the Real Deal reported</a>.&nbsp;

The deal comes just two months after Marin’s biggest sale of 2024: a $14.4 million home in Sausalito, <a href="https://therealdeal.com/sanfrancisco/2024/09/11/indias-king-of-good-times-sells-bay-area-home-for-14-4m/">the Real Deal reported</a>.&nbsp;

Newsom previously owned a home in Kentfield that he bought in 2011 for $2.2 million and sold in May 2021 <a href="https://www.pressdemocrat.com/article/news/gov-newsom-sells-marin-county-home-for-5-9-million/">for $5.9 million</a>.&nbsp;

Newsom previously owned a home in Kentfield that he bought in 2011 for $2.2 million and sold in May 2021 <a href="https://www.pressdemocrat.com/article/news/gov-newsom-sells-marin-county-home-for-5-9-million/">for $5.9 million</a>.&nbsp;

Jeff Leh, president of the Kentfield homeowners association, said he was unaware of the purchase but noted that Newsom will be welcomed among the neighborhood&#8217;s bevy of celebrities.&nbsp;

Jeff Leh, president of the Kentfield homeowners association, said he was unaware of the purchase but noted that Newsom will be welcomed among the neighborhood's bevy of celebrities.&nbsp;

Jeff Leh, president of the Kentfield homeowners association, said he was unaware of the purchase but noted that Newsom will be welcomed among the neighborhood&#8217;s bevy of celebrities.&nbsp;

“He’ll probably fit right in,” he said. “We’ve got a ton of people of that kind of stature. I would never divulge individuals, but you could probably put the math together — Belvedere, Ross, Tiburon — you’re familiar with Billionaire’s Row?”

“He’ll probably fit right in,” he said. “We’ve got a ton of people of that kind of stature. I would never divulge individuals, but you could probably put the math together — Belvedere, Ross, Tiburon — you’re familiar with Billionaire’s Row?”

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Not everyone was as excited as Leh. When told of her new neighbor, Christie Colladay said, “Oh, bummer.”

Not everyone was as excited as Leh. When told of her new neighbor, Christie Colladay said, “Oh, bummer.”

Asked to elaborate on her disdain for the governor, Colladay responded: “Well, because I don’t like him. Ah, shit. I just don’t think he has run the state well between the pandemic and the homeless. I will be cordial, but he’s not getting a pie from me.”&nbsp;

Asked to elaborate on her disdain for the governor, Colladay responded: “Well, because I don’t like him. Ah, shit. I just don’t think he has run the state well between the pandemic and the homeless. I will be cordial, but he’s not getting a pie from me.”&nbsp;

The median price for a home in Marin in September was $1.76 million, according to the most recent data from the county assessor’s office —&nbsp; a 17% increase from the previous month and a year-over-year increase of nearly 7%. Ross, near Kentfield, accounted for 1.6% of home sales in Marin last year, the least of any town in the county.

The median price for a home in Marin in September was $1.76 million, according to the most recent data from the county assessor’s office —&nbsp; a 17% increase from the previous month and a year-over-year increase of nearly 7%. Ross, near Kentfield, accounted for 1.6% of home sales in Marin last year, the least of any town in the county.

According to Ryan Lundquist of <a href="https://sacramentoappraisalblog.com/">The Sacramento Appraisal Blog</a>, who analyzed real estate listings, the Newsom family&#8217;s purchase was the fifth most expensive in Kentfield since 1999.

According to Ryan Lundquist of <a href="https://sacramentoappraisalblog.com/">The Sacramento Appraisal Blog</a>, who analyzed real estate listings, the Newsom family's purchase was the fifth most expensive in Kentfield since 1999.

According to Ryan Lundquist of <a href="https://sacramentoappraisalblog.com/">The Sacramento Appraisal Blog</a>, who analyzed real estate listings, the Newsom family&#8217;s purchase was the fifth most expensive in Kentfield since 1999.

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“Kentfield is no longer just the divorced stepchild of Ross,” said William Barrett, a real estate agent in West Marin. “It’s awesome that he’s bought a house down here. I&#8217;m glad that he’s found a place in Marin County that he likes.”

“Kentfield is no longer just the divorced stepchild of Ross,” said William Barrett, a real estate agent in West Marin. “It’s awesome that he’s bought a house down here. I'm glad that he’s found a place in Marin County that he likes.”

“Kentfield is no longer just the divorced stepchild of Ross,” said William Barrett, a real estate agent in West Marin. “It’s awesome that he’s bought a house down here. I&#8217;m glad that he’s found a place in Marin County that he likes.”

Celebrities, techies, and venture capitalists have long gravitated to Ross Valley, where the school district is considered one of the best in the country.&nbsp;

Celebrities, techies, and venture capitalists have long gravitated to Ross Valley, where the school district is considered one of the best in the country.&nbsp;

“It’s widely publicized that there are great schools throughout Marin, but Kentfield and Ross have really great schools,” Leh told The Standard.&nbsp;

“It’s widely publicized that there are great schools throughout Marin, but Kentfield and Ross have really great schools,” Leh told The Standard.&nbsp;

First Partner Jennifer Siebel-Newsom attended the nearby Branson School. The institution was once described by <a href="https://www.nytimes.com/2014/10/08/us/branson-prep-school-shaken-by-arrest-of-headmaster-thomas-price-with-a-woman-21-on-drug-charges.html">The New York Times</a> as an &#8220;enclave within an enclave within an enclave: The 320-student school is in Ross, Calif., a hamlet of about 2,000 people that is 95 percent white and among the wealthiest towns in Marin County. Marin, across the Golden Gate Bridge from San Francisco, is itself among the richest counties in the country.&#8221;

First Partner Jennifer Siebel-Newsom attended the nearby Branson School. The institution was once described by <a href="https://www.nytimes.com/2014/10/08/us/branson-prep-school-shaken-by-arrest-of-headmaster-thomas-price-with-a-woman-21-on-drug-charges.html">The New York Times</a> as an "enclave within an enclave within an enclave: The 320-student school is in Ross, Calif., a hamlet of about 2,000 people that is 95 percent white and among the wealthiest towns in Marin County. Marin, across the Golden Gate Bridge from San Francisco, is itself among the richest counties in the country."

First Partner Jennifer Siebel-Newsom attended the nearby Branson School. The institution was once described by <a href="https://www.nytimes.com/2014/10/08/us/branson-prep-school-shaken-by-arrest-of-headmaster-thomas-price-with-a-woman-21-on-drug-charges.html">The New York Times</a> as an &#8220;enclave within an enclave within an enclave: The 320-student school is in Ross, Calif., a hamlet of about 2,000 people that is 95 percent white and among the wealthiest towns in Marin County. Marin, across the Golden Gate Bridge from San Francisco, is itself among the richest counties in the country.&#8221;

California Governor Gavin Newsom is seen during a bilateral meeting with Canadian Prime Minister Justin Trudeau, as the 2023 Asia-Pacific Economic Cooperation (APEC) Economic Leaders’ Week is underway in San Francisco, Wednesday, Nov. 15, 2023.

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2023/12/newsom_trudeau1115-6b.jpg?w=2144" alt="California Governor Gavin Newsom smiles." class="wp-image-230874"/><figcaption class="wp-element-caption">Newsom has lived in the neighborhood before.</figcaption></figure>

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<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2023/12/newsom_trudeau1115-6b.jpg?w=2144" alt="California Governor Gavin Newsom smiles." class="wp-image-230874"/><figcaption class="wp-element-caption">Newsom has lived in the neighborhood before.</figcaption></figure>

The late <a href="https://sfstandard.com/2024/10/25/deadheads-mourn-phil-lesh-grateful-dead-house/">Phil Lesh</a>, bassist for the Grateful Dead, lived in Ross Valley, as well as stars such as <a href="https://sfstandard.com/2023/05/04/star-wars-50th-anniversary-san-anselmo-imagination-park/">George Lucas</a> and Sean Penn.&nbsp;

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The late <a href="https://sfstandard.com/2024/10/25/deadheads-mourn-phil-lesh-grateful-dead-house/">Phil Lesh</a>, bassist for the Grateful Dead, lived in Ross Valley, as well as stars such as <a href="https://sfstandard.com/2023/05/04/star-wars-50th-anniversary-san-anselmo-imagination-park/">George Lucas</a> and Sean Penn.&nbsp;

Newsom’s representatives declined to comment on the sale directly. “The family continues to split their time between Sacramento and Marin counties,” a statement from the governor’s office said, adding that Newsom works seven days a week throughout the state, at home, and in the office.&nbsp;

Newsom’s representatives declined to comment on the sale directly. “The family continues to split their time between Sacramento and Marin counties,” a statement from the governor’s office said, adding that Newsom works seven days a week throughout the state, at home, and in the office.&nbsp;

Newsom is the third governor to split time between Sacramento and another part of the state. Jerry Brown commuted from Oakland, and Arnold Schwarzenegger traveled from Los Angeles.

Newsom is the third governor to split time between Sacramento and another part of the state. Jerry Brown commuted from Oakland, and Arnold Schwarzenegger traveled from Los Angeles.

Caroline Nelson, a realtor with Compass, said she had not heard about the sale but was not surprised.

Caroline Nelson, a realtor with Compass, said she had not heard about the sale but was not surprised.

&#8220;We all knew this was coming,&#8221; she said, noting that the Newsom family previously lived with his in-laws in Ross.

"We all knew this was coming," she said, noting that the Newsom family previously lived with his in-laws in Ross.

&#8220;We all knew this was coming,&#8221; she said, noting that the Newsom family previously lived with his in-laws in Ross.

Gavin Newsom family buys $9M mansion in posh Marin town

Jonah Owen Lamb

The handsome two-story home with a picket fence was listing to starboard.

The handsome two-story home with a picket fence was listing to starboard.

While the shingled home would fit into any leafy suburb, on Monday it was out to sea, so to speak, as it made slow progress past the Ferry Building around 9 a.m. and ferry passengers snapped pictures of the anomaly. The boat was being towed through San Francisco Bay on the last leg of a two-day journey from Redwood City to San Rafael.

While the shingled home would fit into any leafy suburb, on Monday it was out to sea, so to speak, as it made slow progress past the Ferry Building around 9 a.m. and ferry passengers snapped pictures of the anomaly. The boat was being towed through San Francisco Bay on the last leg of a two-day journey from Redwood City to San Rafael.

A day earlier, Edward Stancil had watched as the boat began its journey up the bay, departing from the Docktown Marina in Redwood City. He questioned whether it would survive the trip.&nbsp;

A day earlier, Edward Stancil had watched as the boat began its journey up the bay, departing from the Docktown Marina in Redwood City. He questioned whether it would survive the trip.&nbsp;

“It’s precarious,” Stancil said. “The thing’s ready to sink. That was the biggest houseboat they had in Redwood City.”&nbsp;

“It’s precarious,” Stancil said. “The thing’s ready to sink. That was the biggest houseboat they had in Redwood City.”&nbsp;

The slow-going vessel would probably not be able to fight a high tide and so would have to wait for the slack tide for a window to move. It would probably not be able to move at all during the southern bay’s low tides.&nbsp;

The slow-going vessel would probably not be able to fight a high tide and so would have to wait for the slack tide for a window to move. It would probably not be able to move at all during the southern bay’s low tides.&nbsp;

A houseboat on a two-day journey from Redwood City to San Francisco as it makes its way past San Francisco on Monday, April 8, 2024.

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2024/04/20240409-houseboat-02.jpg?w=2500" alt="A houseboat in the bay." class="wp-image-265939"/><figcaption class="wp-element-caption">A houseboat on a two-day journey from Redwood City to San Rafael as it makes its way past San Francisco on Monday.</figcaption></figure>

Stancil, who says he is the last remaining resident of&nbsp;Docktown, speculated that the boat probably sat in the mud Sunday night before making its way to San Francisco.&nbsp;

Stancil, who says he is the last remaining resident of&nbsp;Docktown, speculated that the boat probably sat in the mud Sunday night before making its way to San Francisco.&nbsp;

The boat was apparently one of dozens that have had to move away from their homes in a San Mateo County waterway after the city was forced to relocate them following a long legal battle.&nbsp;

The boat was apparently one of dozens that have had to move away from their homes in a San Mateo County waterway after the city was forced to relocate them following a long legal battle.&nbsp;

When reached by phone Monday afternoon, the boat’s owner, who declined to give his full name, said he was not aboard during the towing but that the vessel was expected to make landfall in San Rafael by Monday afternoon.

When reached by phone Monday afternoon, the boat’s owner, who declined to give his full name, said he was not aboard during the towing but that the vessel was expected to make landfall in San Rafael by Monday afternoon.

The apparently unseaworthy boat’s arduous journey north, while very much a curiosity, is far less of a tale than why it was forced onto the bay in the first place.&nbsp;&nbsp;

The apparently unseaworthy boat’s arduous journey north, while very much a curiosity, is far less of a tale than why it was forced onto the bay in the first place.&nbsp;&nbsp;

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<figure class="wp-block-video"><video controls poster="https://content.sfstandard.com/wp-content/uploads/2024/04/sfs_project_version-00_02_03_11-still001.jpg" src="https://content.sfstandard.com/wp-content/uploads/2024/04/20240409-houseboat_video_inline.mp4"></video><figcaption class="wp-element-caption">A houseboat is seen being pulled across the Bay on Sunday.</figcaption></figure>

That goes back to a 2015 lawsuit filed by a <a href="https://www.hanniglaw.com/our-attorneys/ted-hannig/">nearby resident and lawyer</a>, who claimed the marina was not allowed on state waterways, <a href="https://padailypost.com/2023/10/24/city-pays-another-380000-to-get-docktown-residents-to-leave/">according to a news report</a>. That <a href="https://www.smdailyjournal.com/news/local/lawsuit-over-docktown-to-cost-millions-redwood-city-sued-for-violating-public-trust-and-health/article_bb0089c5-0a90-5327-95e9-d371c697d7ed.html">suit was settled</a>, with the agreement stipulating that the city would remove the 60 to 80 vessels.&nbsp;

That goes back to a 2015 lawsuit filed by a <a href="https://www.hanniglaw.com/our-attorneys/ted-hannig/">nearby resident and lawyer</a>, who claimed the marina was not allowed on state waterways, <a href="https://padailypost.com/2023/10/24/city-pays-another-380000-to-get-docktown-residents-to-leave/">according to a news report</a>. That <a href="https://www.smdailyjournal.com/news/local/lawsuit-over-docktown-to-cost-millions-redwood-city-sued-for-violating-public-trust-and-health/article_bb0089c5-0a90-5327-95e9-d371c697d7ed.html">suit was settled</a>, with the agreement stipulating that the city would remove the 60 to 80 vessels.&nbsp;

A July 2023 news report noted that only nine residents remained in the harbor.

A July 2023 news report noted that only nine residents remained in the harbor.

&#8220;Like a little island—a little oasis in the middle of Silicon Valley where you don&#8217;t feel the pressure and the expense,&#8221; resident Nina Peschcke-Koedt <a href="https://abc7news.com/docktown-redwood-city-floating-community-marina/13492087/">told ABC7</a> about the community.&nbsp;

"Like a little island—a little oasis in the middle of Silicon Valley where you don't feel the pressure and the expense," resident Nina Peschcke-Koedt <a href="https://abc7news.com/docktown-redwood-city-floating-community-marina/13492087/">told ABC7</a> about the community.&nbsp;

&#8220;Like a little island—a little oasis in the middle of Silicon Valley where you don&#8217;t feel the pressure and the expense,&#8221; resident Nina Peschcke-Koedt <a href="https://abc7news.com/docktown-redwood-city-floating-community-marina/13492087/">told ABC7</a> about the community.&nbsp;

Redwood City obtained control of the marina and adjacent state land in 1945 and then leased it to entities that managed the marina from 1965 to 2013, according to a <a href="https://new.thecity.redwoodcity.org/pub/onbase/siredl.ashx?cabinet=published_meetings&amp;fileid=214980">2016 removal plan</a>. The city, which did not respond to a request for comment, then took over the marina and began paying residents settlements to leave after the state ruled that live-aboard vessels were not allowed to block public access to a state waterway.&nbsp;

Redwood City obtained control of the marina and adjacent state land in 1945 and then leased it to entities that managed the marina from 1965 to 2013, according to a <a href="https://new.thecity.redwoodcity.org/pub/onbase/siredl.ashx?cabinet=published_meetings&amp;fileid=214980">2016 removal plan</a>. The city, which did not respond to a request for comment, then took over the marina and began paying residents settlements to leave after the state ruled that live-aboard vessels were not allowed to block public access to a state waterway.&nbsp;

But just last year the group that <a href="https://www.smdailyjournal.com/news/local/redwood-city-faces-suit-over-docktown-marina/article_96aae29e-38bf-11ee-9126-6fc3a378b513.html">sued took the city to court again</a>, claiming it hasn’t lived up to its promises to clean up the marina and relocate its residents.&nbsp;

But just last year the group that <a href="https://www.smdailyjournal.com/news/local/redwood-city-faces-suit-over-docktown-marina/article_96aae29e-38bf-11ee-9126-6fc3a378b513.html">sued took the city to court again</a>, claiming it hasn’t lived up to its promises to clean up the marina and relocate its residents.&nbsp;

The attorney who headed up the suit, Ted Hannig, who was one reason the giant houseboat crossed the bay Monday, lives across the creek from Docktown and loves boating and sailing, according to his law firm&#8217;s website. Hannig did not respond to a request for comment.&nbsp;

The attorney who headed up the suit, Ted Hannig, who was one reason the giant houseboat crossed the bay Monday, lives across the creek from Docktown and loves boating and sailing, according to his law firm's website. Hannig did not respond to a request for comment.&nbsp;

The attorney who headed up the suit, Ted Hannig, who was one reason the giant houseboat crossed the bay Monday, lives across the creek from Docktown and loves boating and sailing, according to his law firm&#8217;s website. Hannig did not respond to a request for comment.&nbsp;

The boaters who live nearby may not have loved him back. According to his lawsuit cited by Palo Alto Daily News, Hannig alleged that someone at Docktown fired a golf ball at him in retaliation for raising concerns about the marina.

The boaters who live nearby may not have loved him back. According to his lawsuit cited by Palo Alto Daily News, Hannig alleged that someone at Docktown fired a golf ball at him in retaliation for raising concerns about the marina.

As for the displaced houseboat, its owner did not return follow-up calls to check whether it made safe harbor.

As for the displaced houseboat, its owner did not return follow-up calls to check whether it made safe harbor.

According to a spokesperson with the U.S. Coast Guard on Tuesday, the houseboat was given a safety escort Monday to where it finally anchored. But that destination was not San Rafael as the owner, who did not return a call for comment Tuesday, initially told The Standard. It was taken instead to a haven for <a href="https://sfstandard.com/2024/04/06/richardson-bay-sausalito-anchor-outs/">anchor outs</a>—Richardson Bay off Sausalito. Still, the vessel may remain in limbo as the county recently <a href="https://www.marinij.com/2024/03/10/marin-tightens-rules-on-importing-floating-homes/">passed a new ordinance</a> requiring a permit to relocate a boat into its waters. It&#8217;s unclear if the boat has such a permit.

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According to a spokesperson with the U.S. Coast Guard on Tuesday, the houseboat was given a safety escort Monday to where it finally anchored. But that destination was not San Rafael as the owner, who did not return a call for comment Tuesday, initially told The Standard. It was taken instead to a haven for <a href="https://sfstandard.com/2024/04/06/richardson-bay-sausalito-anchor-outs/">anchor outs</a>—Richardson Bay off Sausalito. Still, the vessel may remain in limbo as the county recently <a href="https://www.marinij.com/2024/03/10/marin-tightens-rules-on-importing-floating-homes/">passed a new ordinance</a> requiring a permit to relocate a boat into its waters. It's unclear if the boat has such a permit.

According to a spokesperson with the U.S. Coast Guard on Tuesday, the houseboat was given a safety escort Monday to where it finally anchored. But that destination was not San Rafael as the owner, who did not return a call for comment Tuesday, initially told The Standard. It was taken instead to a haven for <a href="https://sfstandard.com/2024/04/06/richardson-bay-sausalito-anchor-outs/">anchor outs</a>—Richardson Bay off Sausalito. Still, the vessel may remain in limbo as the county recently <a href="https://www.marinij.com/2024/03/10/marin-tightens-rules-on-importing-floating-homes/">passed a new ordinance</a> requiring a permit to relocate a boat into its waters. It&#8217;s unclear if the boat has such a permit.

Why was a house floating in the middle of San Francisco Bay?

Ben Christopher

For the last two years, the “builder’s remedy” has been the unruly teenager of California housing laws. 

For the last two years, the “builder’s remedy” has been the unruly teenager of California housing laws.

Running roughshod over zoning regulations while sowing angst among local elected officials, the law lets developers build as much as they like, wherever they like, in cities and counties that have blown past deadlines to get their housing development blueprints&nbsp;<a href="https://calmatters.org/housing/2024/01/california-zoning/" target="_blank" rel="noreferrer noopener">certified by state regulators</a>.

Running roughshod over zoning regulations while sowing angst among local elected officials, the law lets developers build as much as they like, wherever they like, in cities and counties that have blown past deadlines to get their housing development blueprints&nbsp;<a href="https://calmatters.org/housing/2024/01/california-zoning/" target="_blank" rel="noreferrer noopener">certified by state regulators</a>.

Despite its use as a <a href="https://calmatters.org/housing/2023/06/california-builders-remedy/" target="_blank" rel="noreferrer noopener">hardball negotiating tactic by aggressive developers</a>, no project has broken ground, much less finished, as a result of the builder’s remedy. That’s partially because relatively few developers are willing to make use of the confusingly worded law for lack of legal certainty.

Despite its use as a <a href="https://calmatters.org/housing/2023/06/california-builders-remedy/" target="_blank" rel="noreferrer noopener">hardball negotiating tactic by aggressive developers</a>, no project has broken ground, much less finished, as a result of the builder’s remedy. That’s partially because relatively few developers are willing to make use of the confusingly worded law for lack of legal certainty.

Now, some of California’s most powerful Democratic lawmakers are pushing legislation that would clear up, but also rein in, the state’s most controversial housing statute. Nearly a year and a half since a developer first used the law to propose a&nbsp;<a href="https://www.planetizen.com/news/2022/12/120313-first-full-builders-remedy-application-filed-santa-monica" target="_blank" rel="noreferrer noopener">zoning-code-blowing project</a>, 2024 may be the year that the builder’s remedy grows up.&nbsp;

Now, some of California’s most powerful Democratic lawmakers are pushing legislation that would clear up, but also rein in, the state’s most controversial housing statute. Nearly a year and a half since a developer first used the law to propose a&nbsp;<a href="https://www.planetizen.com/news/2022/12/120313-first-full-builders-remedy-application-filed-santa-monica" target="_blank" rel="noreferrer noopener">zoning-code-blowing project</a>, 2024 may be the year that the builder’s remedy grows up.&nbsp;

“The builder’s remedy has sort of lived in the Twitterverse, but actually making it a clear law, so that everyone is following the same rules of engagement and we know what the rules are … [that] is really what we’re aiming to do here,” said Assemblymember Buffy Wicks, a Berkeley Democrat, who chairs the Assembly appropriations committee and who authored <a href="https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1893?slug=CA_202320240AB1893" target="_blank" rel="noreferrer noopener">Assembly Bill 1893, which she said would “modernize” the law</a>.

“The builder’s remedy has sort of lived in the Twitterverse, but actually making it a clear law, so that everyone is following the same rules of engagement and we know what the rules are … [that] is really what we’re aiming to do here,” said Assemblymember Buffy Wicks, a Berkeley Democrat, who chairs the Assembly appropriations committee and who authored <a href="https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1893?slug=CA_202320240AB1893" target="_blank" rel="noreferrer noopener">Assembly Bill 1893, which she said would “modernize” the law</a>.

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The proposed overhaul, outlined in a newly amended draft of the bill published Tuesday, includes new perks for developers, textual edits to clear up how the law would apply and a new “streamlining” provision that would let developers bypass environmental review and public hearing requirements so long as they pay their workers union-level wages and meet basic environmental requirements.&nbsp;

The proposed overhaul, outlined in a newly amended draft of the bill published Tuesday, includes new perks for developers, textual edits to clear up how the law would apply and a new “streamlining” provision that would let developers bypass environmental review and public hearing requirements so long as they pay their workers union-level wages and meet basic environmental requirements.&nbsp;

But the bill would also put a cap on how big builder’s remedy projects can be, while prohibiting its use in industrial-zoned areas. That’s a break from current law, in which the sky—and the California Building Code—is the limit.

But the bill would also put a cap on how big builder’s remedy projects can be, while prohibiting its use in industrial-zoned areas. That’s a break from current law, in which the sky—and the California Building Code—is the limit.

“We tried to land this bill in a place where it is a stick—it’s holding our cities accountable—but it’s not overreaching in its scope,” Wicks said.

“We tried to land this bill in a place where it is a stick—it’s holding our cities accountable—but it’s not overreaching in its scope,” Wicks said.

Wicks’ bill is backed by Attorney General Rob Bonta, who has ramped up the state Department of Justice’s&nbsp;enforcement of housing production law&nbsp;since coming into office in 2021.

Wicks’ bill is backed by Attorney General Rob Bonta, who has ramped up the state Department of Justice’s&nbsp;enforcement of housing production law&nbsp;since coming into office in 2021.

“It has been over 30 years since the builder’s remedy was enacted and it’s remained in effect, largely unchanged, since then,” Bonta said in a statement. The bill is meant to provide clarity to “local governments, planners, developers, and courts,” he added, while also ensuring that housing actually gets built in cities and counties that don’t have certified housing elements, rather than getting stuck in legal limbo.&nbsp;

“It has been over 30 years since the builder’s remedy was enacted and it’s remained in effect, largely unchanged, since then,” Bonta said in a statement. The bill is meant to provide clarity to “local governments, planners, developers, and courts,” he added, while also ensuring that housing actually gets built in cities and counties that don’t have certified housing elements, rather than getting stuck in legal limbo.&nbsp;

This is one of at least two bills aimed at tying up the builder’s remedy’s perceived loose ends.

This is one of at least two bills aimed at tying up the builder’s remedy’s perceived loose ends.

<a href="https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1886?slug=CA_202320240AB1886">Assembly Bill 1886</a>&nbsp;by San Diego Assemblymember&nbsp;David Alvarez, a Democrat, would specify that jurisdictions without state certified housing plans would be subject to the builder’s remedy until those plans are passed by local officials&nbsp;and&nbsp;<a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1886" target="_blank" rel="noreferrer noopener">signed off on by the California Housing and Community Development</a>&nbsp;department. That’s a response to cities that have argued that the&nbsp;<a href="https://www.bizjournals.com/sanfrancisco/news/2023/03/16/bay-area-housing-element-certification.html" target="_blank" rel="noreferrer noopener">state’s stamp of approval isn’t necessary.</a>

<a href="https://digitaldemocracy.calmatters.org/bills/ca_202320240ab1886?slug=CA_202320240AB1886">Assembly Bill 1886</a>&nbsp;by San Diego Assemblymember&nbsp;David Alvarez, a Democrat, would specify that jurisdictions without state certified housing plans would be subject to the builder’s remedy until those plans are passed by local officials&nbsp;and&nbsp;<a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1886" target="_blank" rel="noreferrer noopener">signed off on by the California Housing and Community Development</a>&nbsp;department. That’s a response to cities that have argued that the&nbsp;<a href="https://www.bizjournals.com/sanfrancisco/news/2023/03/16/bay-area-housing-element-certification.html" target="_blank" rel="noreferrer noopener">state’s stamp of approval isn’t necessary.</a>

<h2 class="wp-block-heading" id="h-does-the-builder-s-remedy-need-fixing">Does the builder’s remedy need fixing?</h2>

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<h2 class="wp-block-heading" id="h-does-the-builder-s-remedy-need-fixing">Does the builder’s remedy need fixing?</h2>

The builder’s remedy has been on the books for more than three decades but was <a href="https://twitter.com/CSElmendorf/status/1080250998549995520" target="_blank" rel="noreferrer noopener">only recently given new life</a> by pro-housing legal scholars and state housing regulators.

The builder’s remedy has been on the books for more than three decades but was <a href="https://twitter.com/CSElmendorf/status/1080250998549995520" target="_blank" rel="noreferrer noopener">only recently given new life</a> by pro-housing legal scholars and state housing regulators.

As cities and counties have <a href="https://calmatters.org/housing/2024/01/california-zoning/">scrambled to plan for their share of the 2.5 million new homes</a> that Gov. Gavin Newsom wants built across California by the end of the decade, the builder’s remedy—which spells a total loss of local control over land use—has been among the most menacing possible consequences of noncompliance.

As cities and counties have <a href="https://calmatters.org/housing/2024/01/california-zoning/">scrambled to plan for their share of the 2.5 million new homes</a> that Gov. Gavin Newsom wants built across California by the end of the decade, the builder’s remedy—which spells a total loss of local control over land use—has been among the most menacing possible consequences of noncompliance.

It’s also been a reliable path to litigation.

It’s also been a reliable path to litigation.

Construction is underway on 998 Harrison St., at the corner of 6th and Harrison streets in San Francisco on Jan. 16, 2024. The lot was formerly an abandoned gas station and will now become an 8-story, mixed-use residential building which will offer 100 rental units (12 affordable) and the developer has met the city's 12 %  requirement for affordable housing entirely on-site.

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2024/03/20240220propaprewrite-07.jpeg?w=2500" alt="A large building under construction, covered with black scaffolding, with vehicles in the foreground." class="wp-image-255213"/><figcaption class="wp-element-caption">Construction is underway to build an eight-story, mixed-use residential building with 100 rental units at 998 Harrison St. in San Francisco.</figcaption></figure>

Though the state doesn’t gather data on builder’s remedy projects, the pro-housing legal advocacy group YIMBY Law has identified 93 projects with roughly 17,000 potential units spread across 40 mostly affluent California cities. Jurisdictions have refused to process nearly half&nbsp;of these applications, arguing that the law doesn’t actually apply, that it’s been misinterpreted or that the law itself is unconstitutional. Eight of the projects are the subject of current lawsuits. Few, if any, builder’s remedy projects have actually resulted in new housing—yet.

Though the state doesn’t gather data on builder’s remedy projects, the pro-housing legal advocacy group YIMBY Law has identified 93 projects with roughly 17,000 potential units spread across 40 mostly affluent California cities. Jurisdictions have refused to process nearly half&nbsp;of these applications, arguing that the law doesn’t actually apply, that it’s been misinterpreted or that the law itself is unconstitutional. Eight of the projects are the subject of current lawsuits. Few, if any, builder’s remedy projects have actually resulted in new housing—yet.

Defenders of the current law say that isn’t surprising: Large residential developments take years to complete and the current legal ambiguities in the newly unearthed law are being ironed out by <a href="https://calmatters.org/newsletter/california-election-results-winners-losers/#wm-story-1" target="_blank" rel="noreferrer noopener">the courts in developers’ favor</a>. “The builder&#8217;s remedy is already a very successful program at motivating cities to get in compliance with the Housing Element law and in generating applications for housing that would otherwise not be possible in the highest income, highest opportunity places in California,” said Sonja Trauss, YIMBY Law’s founder. The group has not taken a position on Wicks’ bill.

Defenders of the current law say that isn’t surprising: Large residential developments take years to complete and the current legal ambiguities in the newly unearthed law are being ironed out by <a href="https://calmatters.org/newsletter/california-election-results-winners-losers/#wm-story-1" target="_blank" rel="noreferrer noopener">the courts in developers’ favor</a>. “The builder's remedy is already a very successful program at motivating cities to get in compliance with the Housing Element law and in generating applications for housing that would otherwise not be possible in the highest income, highest opportunity places in California,” said Sonja Trauss, YIMBY Law’s founder. The group has not taken a position on Wicks’ bill.

Defenders of the current law say that isn’t surprising: Large residential developments take years to complete and the current legal ambiguities in the newly unearthed law are being ironed out by <a href="https://calmatters.org/newsletter/california-election-results-winners-losers/#wm-story-1" target="_blank" rel="noreferrer noopener">the courts in developers’ favor</a>. “The builder&#8217;s remedy is already a very successful program at motivating cities to get in compliance with the Housing Element law and in generating applications for housing that would otherwise not be possible in the highest income, highest opportunity places in California,” said Sonja Trauss, YIMBY Law’s founder. The group has not taken a position on Wicks’ bill.

Though all builder’s remedy projects remain on paper, the law has taken on an outsized significance in the politics of California housing over the last 15 months.&nbsp;

Though all builder’s remedy projects remain on paper, the law has taken on an outsized significance in the politics of California housing over the last 15 months.&nbsp;

For Yes in My Backyard activists who blame development-averse local governments for the state’s housing shortage, the builder’s remedy has been <a href="https://www.tiktok.com/@yesinmybackyard/video/7187077041974512939" target="_blank" rel="noreferrer noopener">celebrated</a> as the policy equivalent of the <a href="https://knowyourmeme.com/memes/fuck-around-and-find-out-fafo">“F— Around and Find Out” meme</a>.

For Yes in My Backyard activists who blame development-averse local governments for the state’s housing shortage, the builder’s remedy has been <a href="https://www.tiktok.com/@yesinmybackyard/video/7187077041974512939" target="_blank" rel="noreferrer noopener">celebrated</a> as the policy equivalent of the <a href="https://knowyourmeme.com/memes/fuck-around-and-find-out-fafo">“F— Around and Find Out” meme</a>.

For opponents, the builder’s remedy is the most extreme logical conclusion of the state’s&nbsp;<a href="https://ternercenter.berkeley.edu/blog/california-housing-laws/" target="_blank" rel="noreferrer noopener">recent push to build more housing</a>.

For opponents, the builder’s remedy is the most extreme logical conclusion of the state’s&nbsp;<a href="https://ternercenter.berkeley.edu/blog/california-housing-laws/" target="_blank" rel="noreferrer noopener">recent push to build more housing</a>.

Jen Wolosin is a Menlo Park City Council member whose district includes the former headquarters of Sunset Magazine, now the <a href="https://www.almanacnews.com/menlo-park/2024/03/28/opposition-growing-for-massive-menlo-park-builders-remedy-project-that-remains-on-the-table/">site of a proposed builder’s remedy project</a> with three <a href="https://www.almanacnews.com/menlo-park/2024/03/28/opposition-growing-for-massive-menlo-park-builders-remedy-project-that-remains-on-the-table/" target="_blank" rel="noreferrer noopener">residential towers</a> and 805 housing units. The tallest would reach 421 feet. Nothing is moving forward just yet. The builder’s remedy application simply holds the project’s place in the permitting queue. Even so, Wolosin, who was endorsed in her 2020 election by Peninsula for Everyone, a local YIMBY group, called the proposal “jaw-dropping” and “outrageous” in its scale relative to the surrounding low-lying neighborhood.

Jen Wolosin is a Menlo Park City Council member whose district includes the former headquarters of Sunset Magazine, now the <a href="https://www.almanacnews.com/menlo-park/2024/03/28/opposition-growing-for-massive-menlo-park-builders-remedy-project-that-remains-on-the-table/">site of a proposed builder’s remedy project</a> with three <a href="https://www.almanacnews.com/menlo-park/2024/03/28/opposition-growing-for-massive-menlo-park-builders-remedy-project-that-remains-on-the-table/" target="_blank" rel="noreferrer noopener">residential towers</a> and 805 housing units. The tallest would reach 421 feet. Nothing is moving forward just yet. The builder’s remedy application simply holds the project’s place in the permitting queue. Even so, Wolosin, who was endorsed in her 2020 election by Peninsula for Everyone, a local YIMBY group, called the proposal “jaw-dropping” and “outrageous” in its scale relative to the surrounding low-lying neighborhood.

“I don’t like seeing cities flaunt state law and exacerbate the housing crisis,” she said. “That offends me.”

“I don’t like seeing cities flaunt state law and exacerbate the housing crisis,” she said. “That offends me.”

But, she added, in lacking all “guardrails,” the builder’s remedy “can turn off people who would otherwise want to help solve the housing crisis.”

But, she added, in lacking all “guardrails,” the builder’s remedy “can turn off people who would otherwise want to help solve the housing crisis.”

A sizable chunk of California municipalities are still legally vulnerable to the “remedy.” At last count, nearly 40% of cities and counties have failed to have their&nbsp;<a href="https://www.hcd.ca.gov/planning-and-community-development/housing-open-data-tools/housing-element-review-and-compliance-report" target="_blank" rel="noreferrer noopener">“housing elements” certified by the state</a>.

A sizable chunk of California municipalities are still legally vulnerable to the “remedy.” At last count, nearly 40% of cities and counties have failed to have their&nbsp;<a href="https://www.hcd.ca.gov/planning-and-community-development/housing-open-data-tools/housing-element-review-and-compliance-report" target="_blank" rel="noreferrer noopener">“housing elements” certified by the state</a>.

Legal gray areas hold back widespread adoption

<h2 class="wp-block-heading" id="h-legal-gray-areas-hold-back-widespread-adoption">Legal gray areas hold back widespread adoption</h2>

Wicks’ bill would add some of those guardrails.

Wicks’ bill would add some of those guardrails.

The bill would cap projects at twice the current zoned density. That doesn’t include whatever add-ons are allowed under the state’s density bonus law, which gives developers added height and density in exchange for building affordable units. The bill would also allow cities to impose “objective” standards of development, including architectural style requirements, if they already apply to other dense multifamily areas and aren’t prohibitively expensive to abide by.

The bill would cap projects at twice the current zoned density. That doesn’t include whatever add-ons are allowed under the state’s density bonus law, which gives developers added height and density in exchange for building affordable units. The bill would also allow cities to impose “objective” standards of development, including architectural style requirements, if they already apply to other dense multifamily areas and aren’t prohibitively expensive to abide by.

Putting restrictions on the builder’s remedy may seem an ideological 180 for Wicks and Bonta, both of whom have allied themselves with YIMBY activists. Even so, the bill has received outright support or optimistic neutrality from many of the state’s pro-housing organizations. Leaders of California Community Builders and Habitat for Humanity California attended a press conference in Sacramento Tuesday where Bonta and Wicks unveiled the latest version of the bill.

Putting restrictions on the builder’s remedy may seem an ideological 180 for Wicks and Bonta, both of whom have allied themselves with YIMBY activists. Even so, the bill has received outright support or optimistic neutrality from many of the state’s pro-housing organizations. Leaders of California Community Builders and Habitat for Humanity California attended a press conference in Sacramento Tuesday where Bonta and Wicks unveiled the latest version of the bill.

“Part of why the YIMBY movement emerged was to have a clear process in place to have homes actually being built, and if you’re going to have to end up in court all the time, that’s not really ideal,” said Matthew Lewis, a spokesperson for the state advocacy group, California YIMBY.

“Part of why the YIMBY movement emerged was to have a clear process in place to have homes actually being built, and if you’re going to have to end up in court all the time, that’s not really ideal,” said Matthew Lewis, a spokesperson for the state advocacy group, California YIMBY.

The group does not yet support the bill, but Lewis said it agrees with Wicks’ general intent. “The builder’s remedy is fantastic, we love it, it’s one of the most popular things among YIMBYs. But with the big asterisk—not if a city decides to sue you all the time.”&nbsp;

The group does not yet support the bill, but Lewis said it agrees with Wicks’ general intent. “The builder’s remedy is fantastic, we love it, it’s one of the most popular things among YIMBYs. But with the big asterisk—not if a city decides to sue you all the time.”&nbsp;

Supporters of the legislation say it will resolve two problems that are currently slowing the law down.

Supporters of the legislation say it will resolve two problems that are currently slowing the law down.

The first is legal. As written, the builder’s remedy includes&nbsp;<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4277018" target="_blank" rel="noreferrer noopener">seemingly self-contradictory provisions</a>&nbsp;that seem to simultaneously allow developers an unlimited amount of density while also empowering local governments to apply their own standards. Both of those things can’t be true at the same time.

The first is legal. As written, the builder’s remedy includes&nbsp;<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4277018" target="_blank" rel="noreferrer noopener">seemingly self-contradictory provisions</a>&nbsp;that seem to simultaneously allow developers an unlimited amount of density while also empowering local governments to apply their own standards. Both of those things can’t be true at the same time.

“This is just a crazy-making provision of the law,” said Chris Elmendorf, a University of California Davis law professor who has done more than anyone to <a href="https://twitter.com/CSElmendorf/status/1080250998549995520" target="_blank" rel="noreferrer noopener">revitalize and popularize the long-forgotten statute</a>.

“This is just a crazy-making provision of the law,” said Chris Elmendorf, a University of California Davis law professor who has done more than anyone to <a href="https://twitter.com/CSElmendorf/status/1080250998549995520" target="_blank" rel="noreferrer noopener">revitalize and popularize the long-forgotten statute</a>.

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