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PUBLIC COMMENT and VIDEO. From the Half Moon Bay Planning Commission meeting on Wednesday, November 10th, 2026 at 7:00pm, as a hybrid meeting, with remote comment. Agenda.
Public Comment Correspondence by Curt Bianchi.
SB 330 Applications on the Half Moon Bay Major Development Projects webpage.
Public Comment Correspondence by Curt Bianchi
TO: Bridget Jett, Leslie Lacko, R. Hernandez
Monday November 9th, 2026
Dear City Staff and Planning Commissioners,
At the Oct. 13, 2026, Planning Commission meeting it was announced that the city had received three SB 330 applications, which date from Sep. 1 to Sep. 15, totaling nearly 600 housing units. This is the first step a developer takes to initiate a builder’s remedy project. All three applications were accompanied by a cover letter from the same lawyer, Travis Brooks of Miller Starr Regalia, one of the leading real estate law firms in California, if not the leading law firm.
These applications have now been posted on the city’s website. The cover letters note in the first paragraph that each project “benefits from the protections of the Housing Accountability Act (HAA),” and refers to Government Code Section 65589.5(d)(5). This is the builder’s remedy provision of state law that limits a city’s ability to deny a housing project based on inconsistency with its zoning ordinance or general plan if the city’s housing element is not in compliance with state law. Half Moon Bay’s sixth cycle housing element was due on Jan. 31, 2023. As of this writing, the city still does not have state certification of its housing element. Therefore, Section 65589.5(d)(5) is applicable.
I understand that the city’s position is that builder’s remedy cannot be used if it conflicts with Half Moon Bay’s Local Coastal Program (LCP), which applies city-wide. However, this remains a fluid legal topic. I am very concerned about the city’s ability to stop these projects, and as well as other SB 330 projects should they be submitted.
The attorney for the three SB 330 projects cites a recent Court of Appeals ruling, New Commune DTLA LLC v. City of Redondo Beach, in which a developer attempted to use builder’s remedy in a portion of Redondo Beach where residential use is prohibited by the city’s LCP. While the court denied the project, it also left the door open to builder’s remedy projects in the Coastal Zone under circumstances different from those presented in this case; specifically, in areas where residential use is already permitted by a city’s LCP. As the attorney points out, Half Moon Bay’s LCP contemplates some form of residential use at each of the three SB 330 sites.
It is clearly in the city’s interest to eliminate exposure to builder’s remedy applications altogether. In light of this, I’m asking staff to address four things:
- Has the city received any other SB 330 applications since the three announced on October 13?
- Last week the California Coastal Commission approved the city’s zoning changes, which is the last step to complete the housing element. I would like to know where this stands and if we know how long HCD will take to review this. Is there anything that we as citizens can do to urge HCD to expedite this?
- The seventh cycle housing element is due on Jan. 31, 2031. That sounds far in the future, but given that the city is nearly four years late getting its sixth cycle housing element certified, the city probably needs to start preparing four years early for the next one. I urge the planning department and the Planning Commission to plan accordingly so that the city isn’t exposed to builder’s remedy projects again.
- The city council members just elected will serve until the end of 2030. Therefore, they will be responsible for getting the next housing element done in a timely manner and keeping Half Moon Bay out of builder’s remedy exposure. I urge staff to address this with the new council early on, and to stress the importance of achieving a complaint seventh cycle housing element in a timely fashion.
Sincerely,
Curt Bianchi
Half Moon Bay
City Half Moon Bay Planning Commission Meetings ~ 2nd and 4th Tuesdays @ 7:00pm
HMB Planning Commission Agendas and Zoom Links
HMB Planning Commission meeting videos on PCTV
The Planning Commission consists of citizen volunteers appointed by the City Council to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our Zoning Ordinance, Subdivision Ordinance, long-range General Plan and Local Coastal Plan, State laws and other public policies that advance the interests of our community.
CONTACT: Comments to the Commission and to Staff can be submitted by emailing BJett@hmbcity.com.
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Planning Commission meetings are held at 7 pm every 2nd and 4th Tuesday of each month, at the Emergency Operations Center (EOC), 537 Kelly Avenue.
- David Gorn, Chair
- Rick Hernandez, Vice Chair
- Christopher DelNagro, Planning Commissioner
- Jacob (Jim) Rems, Planning Commissioner
- Steve Ruddock, Planning Commissioner
Leslie Lacko: Community Development Director
To communicate with members of the Planning Commission, please use the staff contact information to the right: Contact Us
Bridget Jett: Consultant – Planning Analyst
BJett@hmbcity.com
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