La Cañada Flintridge Housing Policy and Legal Matters

La Cañada Flintridge and Housing History

Since 2021, the City of La Cañada Flintridge has actively defended itself and the community against three lawsuits related to housing policy and the property at 600 Foothill Blvd. The City did not initiate any of these lawsuits. The legal issues at play are complex, but at their root involve questions of land use control within City limits and the balance of authority between local jurisdictions and the State of California.

We are committed to transparency and keeping our residents informed. To that end, the City has assembled the following information to provide residents with our housing progress over the last several years, the status of the current lawsuits, and changes to State housing laws taking effect in January 2025 that further restrict the City’s land use control.

Housing Progress in the City

The City is committed to supporting the statewide effort to address the housing crisis. Over several years, the City has taken numerous actions to promote more housing development, including:

• In September 2018, the City implemented a new technology, ConnectLCF, that streamlined the entitlement and permitting process by transitioning from paper to an online system.
• Since October 15, 2021, the City has permitted 111 new housing units inclusive of ADUs.
  • From 2018 to 2023, the City ranked 15th in ADU permits issued (per 1,000 housing units) among LA County’s 88 cities.
• In 2023, the City Council approved an annual $160,000 for a dedicated consultant/housing planner to support the implementation of the Housing Element.
• On September 19, 2023, new zoning codes were adopted to accommodate 684 or more housing units in compliance with State law.
  • The City’s adopted zoning codes increased density, implemented objective design standards, and updated development standards citywide to facilitate housing development.
  • The new code increased zoned units by 160% over the previous housing element.
• On November 17, 2023, the California Department of Housing and Community Development (HCD) certified the City’s Housing Element.
• On January 1, 2024, the City developed a centralized information hub to support more efficient permitting, education, and resources for housing development, which included:
  • A streamlined permitting process for Accessory Dwelling Units (ADUs),
  • A new ADU webpage, as a convenient resource for developers and residents,
  • Multi-language Fair Housing information, including how to report housing discrimination,
  • A step-by-step guide for permitting housing units.
• The City promoted the removal of antiquated, discriminatory, and unenforceable restrictions that may still appear in older property records, titles, and grant deeds.
• Under the new zoning code, the City entitled a seven-unit mixed-use development with permits to be issued in early 2025.

Status of the Current Lawsuits

1. Californians for Homeownership v. City of La Cañada Flintridge, et al.

On March 3, 2023, Californians for Homeownership (CFH), a nonprofit focused on housing litigation, sued the City to invalidate its Housing Element adopted in February 2023. CFH claimed:

(1) The Housing Element was not compliant with state law. CFH subsequently dismissed this cause of action in July 2023.
(2) The zoning regulations must be adopted concurrently with the Housing Element. On September 5, 2023, the Court ruled the City should have adopted zoning regulations concurrently with the Housing Element and required rezoning within 60 days of the court’s order. The City complied, adopting new zoning regulations on September 19, 2023.

On October 10, 2023, the City filed an appeal maintaining that re-zoning could be adopted sequentially within a reasonable time after adoption of the Housing Element. Oral arguments were held on December 17, 2024 in the Court of Appeal.

On December 27, 2024, the Court of Appeal dismissed the City’s appeal as moot. The Court of Appeal concluded that, because the City complied with the trial court’s order to adopt the zoning regulations to implement the Housing Element (in order to also comply with state law), there was no effective relief the Court of Appeal can grant. The case is now back with the trial court for final proceedings.

Opening brief
Opposition brief
Reply brief
Ruling

2. 600 Foothill Owner, LP v. City of La Cañada Flintridge, et al.

Developer 600 Foothill Owner, LP, managed by former Mayor and Councilmember Jon Curtis, owns the property at 600 Foothill Boulevard. In November 2022, it proposed a five-story mixed-use building with 80 residential units, 14 hotel units, and office space.

600 Foothill argues that the City’s Housing Element, adopted in October 2022, did not comply with state law when the project applications were submitted, and therefore, the project qualifies for the “Builder’s Remedy.” Builder’s Remedy, a mechanism in state housing law, prohibits a city from applying zoning standards for development projects, which include qualified, affordable housing if a city lacks a compliant Housing Element. The City disagrees, maintaining its Housing Element was substantially compliant and Builder’s Remedy does not apply.

On July 21, 2023, 600 Foothill sued the City alleging numerous causes of action, including violations of state housing and other laws, and seeking to mandate rezoning, reverse the City’s decision denying the Builder’s Remedy, and obtain other relief.

A major milestone in this ongoing litigation occurred on March 4, 2024, when the trial court:

• dismissed four causes of action against the City
• partially ruled in favor of 600 Foothill on six, finding the Builder’s Remedy applies
• rejected 600 Foothill’s claim that the City has acted in bad faith
• required CEQA compliance for the project

As part of the City’s initial response to the Complaint, the City filed an anti-SLAPP motion against 600 Foothill to challenge one of these causes of action. In that cause of action, 600 Foothill alleged that the City Council was biased in its May 1, 2023 determination (that the Builder’s Remedy was not available) because Council Members had made general statements in favor of local control and raised concerns about state housing laws. The City takes the position that these communications constitute a valid exercise of the constitutional rights of freedom of speech and petition in connection with public issues. The trial court ruled against the City on its anti-SLAPP motion and the City subsequently appealed that ruling. The City’s Opening Brief to the Court of Appeal is currently due March 6, 2025. The appeal is likely to be concluded in late 2025/early 2026.

Final judgment in this case is pending resolution of the City’s anti-SLAPP appeal.

Opening brief
Opposition brief
Reply brief
Ruling
Anti-SLAPP Motion

3. California Housing Defense Fund v. City of La Cañada Flintridge, et al.

The California Housing Defense Fund (CHDF), a nonprofit focused on housing litigation, filed suit against the City on July 25, 2023. CHDF argued the City missed its October 2021 deadline to adopt a compliant Housing Element and that subsequent Housing Element versions in 2022 and 2023 also failed to comply. CHDF claimed the 600 Foothill project qualifies for the Builder’s Remedy and requested the court compel the City to approve the project, declare its Housing Element noncompliant, and award fines and legal costs.

In December 2023, the State of California, represented by Attorney General Rob Bonta and the Department of Housing and Community Development, intervened in the case. On March 4, 2024, the court ruled partially in CHDF’s favor, finding the Builder’s Remedy applies to the 600 Foothill project and ordering the City to process the project application subject to CEQA compliance. The City appealed the court’s judgment on April 11, 2024.

CHDF subsequently sought a $14 million appeal bond from the City, which the City opposed, but the court ultimately granted on March 3, 2025.

Opening brief
Opposition brief
Reply brief
Ruling

Changes to State Housing Law

New housing legislation will take effect on January 1, 2025, that will significantly impact the City’s ability to enforce the General Plan and Zoning Code.

Summary of the new laws

On September 19, 2024, Governor Gavin Newsom signed Assembly Bill (AB) 1893 (Wicks) into law. AB 1893, which becomes effective on January 1, 2025, amends the “Builder’s Remedy” regulations under the Housing Accountability Act (HAA).

The Builder’s Remedy is a mechanism in state housing law that prohibits a city from applying its general plan and zoning standards to certain housing development projects which include affordable housing when a city has not adopted a “substantially compliant” housing element by a required deadline. If a project qualifies for the Builder’s Remedy, the project does not need to comply with any standards or restrictions on the development.

AB 1893 makes several notable changes to the Builder’s Remedy and to state housing laws more generally, all of which diminish local control over development and land use. Specifically, current projects proceeding under the Builder’s Remedy may be eligible to increase their square footage and/or the number of residential units, reduce the number of affordable units, and qualify for additional incentives and concessions under the state “Density Bonus” law.