https://www.sfchronicle.com/bayarea/article/california-housing-problem-17783816.php Skip to main content Turn off refresh San Francisco Chronicle Homepage Currently Reading This Bay Area man has become the face of California's latest housing drama * Subscribe Subscribe * e-Edition * Sign In [ ] * Climate + Drought + Fire Tracker + Quake Tracker + Drought Map + Air Quality Tracker + Wildfires + Weather + Weather Forecast * Video & Visuals * Reader Tools + Audio Tours + Place an obituary * Subscribe * About Us + Newsroom News + Chronicle Store + Season of Sharing + Terms of Use + Privacy Notice + Your Privacy Choices + Advertise With Us * Bay Area + Data + Housing Crisis + PG&E + Transit + SF Homeless Project + COVID-19 Map + Golden Gate Park + San Francisco + COVID-19 + Crime + Health + Monkeypox * Sports + Giants + Warriors + 49ers + A's + Sharks + High School + College * Politics + Election 2022 * Tech * US & World + California * Opinions * Food + Top Wineries + Top Restaurants + Restaurants + Wine, Beer & Spirits * Travel + Outdoors + Tahoe * Vault: Our S.F. + Portals of the Past * Podcasts + The Doodler + Chronicled + Extra Spicy + Fifth & Mission + Total SF + Fixing Our City + It's All Political * Obituaries * In-Depth * Real Estate + Find a Home * Datebook + Movies & TV + Music + Theater + Art & Exhibits + Dance + Classical + Books + Festivals * Puzzles + Comics * Membership + Newsletters + About Membership + Exclusive offers + Join Now + e-edition + App + Manage my account Most Popular * Newly-constructed homes in the Jordan Ranch development are seen from above in Dublin, Calif. Tuesday, Feb. 14, 2023. This Bay Area city is the fastest growing in California. Here's why it's... * Pedestrians walk through Twin Peaks in San Francisco, Calif., on Wednesday, Feb. 1, 2023. Why California was hit with unusually cold weather despite planet's... * Sasha Zbrozek poses for a portrait at Los Altos Hills Town Hall on Wednesday, Feb. 15, 2023 in Los Altos Hills, Calif. Zbrozek is a homeowner in Los Altos Hills who is proposing a 20-unit development using the builder's remedy. This Bay Area man has become the face of California's latest housing drama * San Francisco Public Defender Sierra Villaron, left, speaks during a court appearance for her client, Darron Price, seated. Price is accused of blowing up a Sunset District home, killing a woman inside. S.F. prosecutors reveal new details about deadly Sunset District home... * Oakland police chief LeRonne Armstrong speaks to members of the press and supporters in a conference at Acts Full Gospel Church in Oakland, Calif. on Sunday, Feb. 5, 2023. In the conference Armstrong talked about his meeting with the police commission and urged the mayor to reinstate him in his role as chief. Oakland mayor fires police chief after report finds misconduct over... * To Kalon Vineyard photographed in Oakville, Calif. Tuesday, July 18, 2017. Napa's most famous vineyard is at the center of yet another lawsuit * The bruised eye of a woman (declined name) who was brutally attacked alongside her husband on Sunday by two women riding a motorized scooter on 18th Street and Dolores earlier this week in San Francisco, Calif., on Wednesday, Feb. 15, 2023. S.F woman could lose use of her eye after 'unprovoked' attack near... * Juslyn Vineyards, a Napa Valley wine property with a 12,000-square-foot mansion, is on the market for $35 million. An English lord and lady are selling their Napa Valley vineyard for $35... * Victoria Solomon , 34, who lives in a hotel but has been homeless since she was 16, kisses her dog, Chunx, in San Francisco's Castro neighborhood. One S.F. neighborhood made remarkable progress on homelessness. But... * The Office of the Mayor at Oakland City Hall is seen on Wednesday, November 5, 2014 in Oakland, Calif. Oakland declares state of emergency after cyberattack hobbles critical... * Pizza chef Laura Meyer says she hopes to stand out in particular with her pan pizzas, which are one of her calling cards. She won a world pizza competition in Italy. Now she's opening her first... Bay Area This Bay Area man has become the face of California's latest housing drama J.K. Dineen Feb. 16, 2023Updated: Feb. 16, 2023 10:35 a.m. Facebook Twitter Email Comments Sasha Zbrozek is a homeowner in Los Altos Hills who is proposing a 20-unit development using the builder's remedy. Sasha Zbrozek is a homeowner in Los Altos Hills who is proposing a 20-unit development using the builder's remedy. Jim Gensheimer/Special to The Chronicle Los Altos Hills resident Sasha Zbrozek is the first to admit that he is not a real estate developer. "I'm just some random homeowner dude," he said. "I'm not qualified to develop much." Yet, over the last few days, Zbrozek has become the face of the so-called "builder's remedy," a fledgling movement that over the next year could transform the way that housing development is approved across the Bay Area. SF Next logo SFNext is Chronicle coverage devoted to the city's most vexing problems. To become involved: Send feedback, ideas and suggestions to sfnext@SFChronicle.com The builder's remedy allows property owners to bypass most local planning and zoning rules if that city or county has failed to complete certification of a state-mandated eight-year housing plan known as a "housing element." So far, the Bay Area is not doing too well: Only five of 109 jurisdictions had their housing plans approved by the state by the Jan. 31 deadline. That means that all of Marin County, most of the South Bay -- including San Jose -- and most of the East Bay are subject to the builder's remedy. Among large cities, only San Francisco is in compliance. But fears that the builder's remedy would prompt an army of big-city developers to stick highrise condos in the middle of leafy suburban neighborhoods so far have not come to fruition. Only a handful of property owners -- there are two projects in Los Altos -- have filed builder remedy applications. And, so far, the proposals have been modest and have involved frustrated small property owners or fed-up homeowners like Zbrozek, rather than well-funded corporations. A rendering of the proposed housing development on the property of Sasha Zbrozek. The Los Altos Hills homeowner has filed the project under the builder's remedy loophole. OpenScope Studio For Zbrozek, the opportunity to take advantage of the builders remedy is motivated by a deep belief that the Bay Area, particularly wealthy bedroom communities, have created a dysfunctional region by failing to build enough housing to accommodate its workforce. Zbrozek owns a 1.8 acre property on a steep lot with views across the bay to Fremont and Hayward. Currently, the property has a house and a pool on it, but Zbrozek has submitted two alternatives for redevelopment. One would add five townhomes and retain his current house and swimming pool. The other would require razing his house and pool and putting a 15-unit apartment building along with the five townhomes. If the larger project is approved, he will sell to an experienced builder and move. So far, there are dozens of property owners looking at invoking the builder's remedy, but only a few have pulled the trigger, according to Sonja Trauss, executive director of YIMBY Law, which has sued several cities for not having compliant housing elements. Trauss said she knows of property owners in Burlingame, Fairfax, Oakland, Sausalito and Palo Alto who are likely to file applications, but that many are hesitant given that the builder's remedy has only been in effect for two weeks. A rendering of the proposed housing development on the property of Sasha Zbrozek. The Los Altos Hills homeowner wants to replace his house and pool with townhomes and apartments. OpenScope Studio She said the lack of applications so far, "is about what we expected. I'm glad anybody is trying it since there is so much uncertainty." UC Davis Professor Chris Elmendorf, an expert on California housing law, said that developers may be waiting to see what cities come into compliance with housing element law in the coming weeks. Several developers are poised to file projects in Berkeley and Oakland, but may be hesitant because of the speculation that both of those East Bay cities may be close to getting state certification, he said. "I think it's wait and see," said Elmendorf. "In Southern California there were a couple of bigger developers who took a run at it and proposed several developments. I don't know if there are any major developers in the Bay Area that have made that decision." Architect Mark Hogan, who is designing Zbrozek's project in Los Altos Hills, said the "assumption is that you are going to have to file a lawsuit in order to move your project forward. "A lot of people don't want to get involved in a lawsuit," he said. Trauss predicted that the "sweet spot" for builder's remedy projects will be five units on a 5,000 square foot lot, which is the most common lot size in California. That is the scale of the projects in Burlingame and Sausalito that she expects to be filed in the coming days. Another builder's remedy project in Fairfax is bigger -- 25 units -- which is more than twice the size of a previous development the property owner had tried to get approved. "That guy has been trying to build 10 units for years and the city has been jerking him around," she said. Housing * Oakland could be slapped with penalties after state rejects housing road map * Why YIMBYs are about to sue the daylights out of Bay Area cities Prominent Marin County land use attorney Riley Hurd said he has several clients preparing builder's remedy applications, but nothing has been filed. "The typical Marin County builder has spent eight years banging their head against the wall to get little or no response," he said. "So when some lifeline is thrown to you by the state you certainly are going to want to take a look at it." He said county lawmakers and officials have no one to blame but themselves. "If a few more permits had been issued over the years we would not find ourselves in a situation where the pendulum has swung so far in the other direction," said Hurd. "It's 30 years of obstructionist development policies coming home to roost." Drought Map Track water shortages and restrictions across Bay Area Updated to include drought zones while tracking water shortage status of your area, plus reservoir levels and a list of restrictions for the Bay Area's largest water districts. Hurd said that there is a "game of chicken" going on where city officials are waiting to see how serious the state and the courts are about enforcing housing element law. "They don't want to accept the new world order when it comes to planning," he said. "It's like, 'Out of our cold dead hands this authority will be taken.' " Elmendorf said that the calculus for developers looking to take advantage of the builder's remedy could be tricky. They want to focus on cities that are clearly in violation and are not likely to come up with compliance any time soon, rather than jurisdictions that have submitted multiple drafts but still have revisions to make before winning approval from state officials. "You are not going to want to lead with marginal cases like Oakland or Berkeley," Elmendorf said. "You are going to want to go for cities that have not adopted a housing element at all or cities that are egregiously non-compliant." Meanwhile, wealthy towns like Belvedere, in Marin, or Palo Alto have the financial resources to fight developments in court. "The places that are most legally vulnerable are also the places where you are likely to face the longest slog in getting the project approved," he said. "Maybe you are likely to prevail in Palo Alto, but Palo Alto is going to give you hell for a half dozen years along the way." Meanwhile, Zbrozek is waiting to hear back from Los Altos about his application. He said he gave city officials plenty of warning that he would take advantage of the builder's remedy if they didn't draft an adequate housing element. "I straight up told people I was going to file something if things didn't shape up. I went to all the meetings and said, 'Here are the deficiencies,' he said. "We have so grossly underbuilt housing in California for a half century that you could drop a tent on the ground anywhere in the state and someone will occupy it." Reach J.K. Dineen: jdineen@sfchronicle.com Fifth & Mission The Chronicle's flagship news podcast. Listen and subscribe on your favorite app. Click the player below for the latest episode. * Drought Map Track water shortages and restrictions across Bay Area Updated to include drought zones while tracking water shortage status of your area, plus reservoir levels and a list of restrictions for the Bay Area's largest water districts. Photo of J.K. Dineen Written By J.K. Dineen Reach J.K. on J.K. Dineen covers housing and real estate development. He joined The Chronicle in 2014 covering San Francisco land use politics for the City Hall team. He has since expanded his focus to explore housing and development issues throughout Northern California. He is the author of two books: "Here Tomorrow" (Heyday, 2013) and "High Spirits" (Heyday, 2015). View Comments Top of the News * How S.F. Castro district homeless encampments were helped by new program A 5-month-old pilot project in the Castro shows promise for moving the most troubled homeless people inside, but it also shows how hard it would be to replicate it to other neighborhoods. By Kevin Fagan * What are the odds it rains in the Bay Area today? By Gerry Diaz Rare 1970s Muni streetcar is on sale. Owners will 'entertain all offers' By Peter Hartlaub Bay Area man has become the face of California's latest housing drama By J.K. Dineen Bay Area city is fastest growing in California. Here's why it's booming By Susie Neilson San Francisco Chronicle Homepage - Site Logo * * * * Return to Top * About + Our Company + Terms of Use + Privacy Notice + CA Notice at Collection + Your CA Privacy Rights (Shine the Light) + DAA Industry Opt Out + Careers + Advertising * Newsroom + Ethics Policy + Endorsement Process + News Tips + Newsroom News * Contact + Customer Service + FAQ + Newsroom Contacts * Services + Subscriber Services + e-Edition + Reprints & Permissions + Corporate Subscriptions + App + Archives + Membership + Place an Obituary + Store + Subscription Offers + sfgate.com Your Privacy Choices (Opt Out of Sale/Targeted Ads) HEARST newspapers logo (c)2023 Hearst Communications, Inc.