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by raldi 1232 days ago
Perhaps not coincidentally, Berkeley's housing element was just rejected today (the deadline by which they needed it certified in order to avoid the Builder's Remedy). The provisions in this piece will kick in there tomorrow.

As for CEQA, here's what a local law firm has to say: "In particular, the intersection between Builder's Remedy and California Environmental Quality Act (CEQA) remains untested. Jurisdictions may try to use CEQA to regain discretionary authority over Builder's Remedy projects. Whether that tactic will prove effective remains to be seen, given that CEQA may not be used to do that which other statutes prohibit. Pub. Res. Code, § 21004; CEQA Guidelines § 15040(e)."

https://www.hklaw.com/en/insights/publications/2022/10/build...