By Kathleen Rogers, real estate professional with eXp Luxury
A lot of us have been asking about the “Builder’s Remedy” and what it means for Santa Barbara. With about four proposed housing projects in Santa Barbara, including the proposal near the Mission, and two in or near Carpinteria, plus several in unincorporated county areas near Goleta, it can feel complicated.
For generations, I’ve heard people say that new building permits take an excessive amount of time in Santa Barbara, yet these proposals feel rushed and out of scale to many locals. This topic sits at the intersection of housing law, local planning, and how we keep what makes Santa Barbara special while still recognizing the need for more affordable places for our workforce, parents, and kids to live.
What is the Builder’s Remedy?
Builder’s Remedy is a state rule that applies if a city does not complete its Housing Element on time. The Housing Element is the city’s eight-year plan for where future housing could go, and every city and county in California must submit one before the due date. It does not require new construction, but it does require cities to show the state where homes could be built.
For years, much of the new housing capacity in Santa Barbara County was planned in places like Orcutt. State law now expects cities to plan for housing closer to where people work — in our case, between Goleta and Carpinteria rather than an hour away.
If a city misses its deadline, developers are allowed to propose projects that do not follow the usual local zoning rules under the Builder’s Remedy. Height limits and density caps do not apply in the same way during that window. It is essentially the state saying that if a city has not planned for housing, developers are allowed to bring forward their own ideas. Santa Barbara missed its deadline.
Why Santa Barbara Is Seeing This Now
Santa Barbara did not receive certification for its Housing Element until 2024. During the period before certification, at least two projects were filed under the Builder’s Remedy in the city — one on East Los Olivos near the Mission and one on Grand Avenue. A Builder’s Remedy project in Carpinteria has also been publicly discussed.
These proposals do not automatically get built exactly as submitted. In many cities, the first version serves as a starting point for negotiation.
What Still Protects Our Community
Even when Builder’s Remedy is active, the California Environmental Quality Act (CEQA) still applies. This is where concerns around fire evacuation, hillsides, stormwater, Native sites and cultural resources, and infrastructure capacity are evaluated. There is also a later stage where fire and building safety requirements for future residents are reviewed in detail.
In other words, Santa Barbara does not lose its voice. The questions people care about most still have a formal place to be discussed and reviewed.
CEQA stands for the California Environmental Quality Act. It is the state law that requires cities and developers to study and disclose the environmental impacts of major projects before they are approved.
CEQA looks at things like:
• fire evacuation and emergency access
• traffic and circulation
• stormwater and flooding
• impacts to Native or cultural sites
• biological resources
• noise, air quality, and infrastructure capacity
It also requires the city to suggest ways to avoid or reduce those impacts when possible.
In everyday terms, CEQA is the process that makes sure big projects do not move forward without looking closely at safety, environmental, and community impacts. It is still fully in place even when Builder’s Remedy is active.
The Bigger Picture: Affordable Housing
Many locations in the U.S. have not produced enough housing. Studies from Freddie Mac and state housing agencies show that the country is short millions of homes and that California alone underproduced more than three million units between 2000 and 2015, which helps explain why state housing rules have tightened. Cities across the state are working under stricter standards with each Housing Element cycle. The goal is to encourage cities to take these planning documents seriously, because without them there is no clear path for new homes at a range of income levels.
For now, we should not expect any new Builder’s Remedy projects. Santa Barbara now has its Housing Element in place, and the next cycle begins in about six years.
Next Steps
There has been active public discussion from local architects and planners who support more housing but also feel these proposals are out of scale with their surroundings. Their concerns usually focus on safety, access, design, and neighborhood fit.
There is also an ongoing lawsuit from one of the teams behind the proposed eight-story project behind the Mission. The lawsuit challenges changes in state law that affected their environmental review timeline.
For More Info or to Share Your Thoughts
These projects are moving slowly and have many public comment sessions done and continuing, for those who want to get involved. They are also the conversations I have with friends and family around the dinner table, as well as in S. Coast Chamber of Commerce and real estate–related meetings. I have been learning about this from people who work on these issues every day — planners, attorneys, and local housing experts — and I hope to share the information in a way that feels clear and useful for my friends, clients, and community. I am not an expert, but I am lucky to know some very smart people and I am involved in several local committees where these topics come up regularly.
A big part of my work is being a resource and a connector. If someone wants to learn more, get involved, or talk with local experts who follow these policies closely, you can contact your elected officials directly and ask for meeting notices which are typically 72 hours in advance. I am always happy to help point people in the right direction.
The more we understand why this happened and how the process works, the better we can support thoughtful planning for our community — and help future generations continue to live in this special place we are privileged to call home.
Kathleen Rogers is a professional Santa Barbara Realtor® with eXp Luxury and a member of Rotary Santa Barbara Sunrise, the South Coast Chamber of Commerce, the SB Association of Realtors, and the SB Triathlon Club. DRE #02044953 · (805) 284-3900.
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