SB79 lets San Diego allow up to 367,000 homes near transit.
But the city is using its own fire maps — covering 35% of eligible land vs. the state's 7% — to delay implementation.
Hope AB 1903 moves forward as well because it's good legislation, but labeling construction defect litigation as the primary gating issue for condos developers is something the non-builder community believes. Builders know it isn't so.
Construction defect litigation has and can be easily addressed by: (a) condo OCIP, (b) using an SPE, and (c) reserving 2% of condo sales as "adequate minimum capitalization" for the SPE. I know this from personal experience. I built condo projects during the '00s, got sued, gave up my 2% reserves/maintained our SPE corporate veil, and tendered the legal case to my OCIP carrier. I sat for one deposition. That was it. All in all pretty painless.
Again AB 1903 is good legislation and it will help at the margin, but it hasn't been the primary gating issue for condo development
This why condo development won't increase after the bill is passed.
The bigger issue by far is:
-CA's unworkable pre-sale deposit law. CA law has limited forfeit-able pre-sale deposits to 3% of purchase price and even that small amount needs to be litigated which developers don't bother with given the minimal dollars.
CA legislature looks like they will allow 6% deposits going forward, a step in the right direction, but far short of what's necessary. Cities like NYC, Miami, Chi, etc that build a lot of condos have no government limitation on pre-sale deposits. 25%-30% deposits are the norm in these markets.
Developers and their lenders and investors generally need a building to be 40%-50% pre-sold in order for the project financing to go forward. Fannie/Freddy won't even buy loans so that individual buyers can finance their unit purchases without 50% pre-sales.
A legal regime as currently exists in CA that allows buyers to easily walk away from their purchase contracts owing to insubstantial (and often time fully refundable) deposits doesn't come close to working. Hence condo projects don't get built in CA. AB 1903 won't change this.
Also of note, condos don't pencil financially unfortunately. Per sq ft sales prices that people are willing to pay for condos in urban CA don't support per sq ft condo development costs.
Conclusion: AB1903 solves the more minor issue with condo development, but the largest issue remains unaddressed.
leaving sofi stadium is a nightmare out of the 7th layer of hell. this city needs public transit. we shouldn’t be allowed to host massive events ever. we don’t have the infrastructure for it. massive parking lots and cars everywhere