HOUSING ELEMENT IMPLEMENTATION OVERLAY ZONE (HEIOZ)

The City’s Housing Element Implementation Overlay Zone (HEIOZ), codified in Chapter 11.21 of the La Cañada Flintridge Municipal Code aims to offer housing opportunities for current and future residents in a way that aligns with its existing development patterns and character. It facilitates housing production on suitable vacant and non-vacant opportunity sites identified in the City’s 2021-2029 Housing Element Sites Inventory and establishes regulations for developing housing on these sites. On several of these sites, multi-family residential development was previously subject to discretionary review or was not accommodated by the underlying zone. However, under the HEIOZ, these sites can now benefit from a streamlined approval process for eligible housing projects. Eligible housing projects are outlined in detail below.

The HEIOZ addresses the following goals of Programs 4-6 from the 2021-2029 Housing Element:

  • Program 4 (Downtown Village Specific Plan)
    Goal: Enhance Foothill Boulevard with place-based strategies that create a community-oriented town center that includes a mixture of commercial, office, and residential uses.
  • Program 5 (Religious Institution Housing Overlay Zone)
    Goal: Encourage religious institutions to build housing on property owned by religious institutions (also known as congregational land) which would provide sites that otherwise would not be available for affordable housing.
  • Program 6 (By-Right Approval for Projects with 20 Percent Affordable Units)
    Goal: Require by-right approval for certain projects with 20% affordable units.

By creating an overlay zone that allows for and streamlines housing project approvals on opportunity sites, La Cañada Flintridge is furthering the opportunity to achieve the city’s housing goals and meet the RHNA for the 2021-2029 Housing Element Cycle.

Is my property included in the HEIOZ?

To check if your property is within the HEIOZ, please search your property’s address on the City’s Interactive Zoning Map.

If my property is included in the HEIOZ, what can I build?

If your property is within the HEIOZ, permitted uses correspond with the property’s underlying zone (also shown on the City’s Interactive Zoning Map). Allowable uses include:

  • In the R-3 (Multifamily) zone:
    • Multifamily developments with a density of 25-30 units per acre.
    • All uses provided for in the underlying zone (LCF MC Section 11.13.020), except that new single-family residences shall be prohibited.
  • In the Mixed-Use zone:
    • Multifamily developments with a density of 25-30 units per acre.
    • All uses provided for in the underlying zone (LCF MC Section 11.17.020).
  • In the Public/Semi-Public zone:
    • Multifamily residential development with a density of 25-30 units per acre on religious facility sites, provided that:
      • At least 15% of units are affordable to extremely low (0-30% of Area Median Income), lower (below 80% of Area Median Income), and/or moderate-income (81-120% of Area Median Income) households,
      • The underlying property must be owned and operated by the religious facility and
      • The religious facility must operate a minimum of ten percent of the area of the site.
    • All uses provided for in the underlying zone (LCF MC Section 11.16.0)

If you are interested in developing affordable housing on property within the HEIOZ, please contact:

City of La Cañada Flintridge Planning Division
Phone: 818-790-8881

Access La Cañada Flintridge’s HEIOZ flyer here:

SENATE BILL (SB) 4: HOUSING ON INSTITUTIONAL LAND

What is Senate Bill 4?

On October 11, 2023, Governor Gavin Newsom signed Senate Bill (SB) 4 into law, limiting cities and counties’ ability to regulate the development of new housing on property owned by religious and higher education institutions. The City of La Cañada Flintridge acknowledges that using church and other institutional land for affordable housing offers developers a valuable opportunity by reducing land costs, risks, and processing time for development applications. This strategy enables congregations to advance their missions of supporting lower-income populations while enhancing the financial stability of religious institutions.

Does my property qualify? And if so, what can I build?

If your property qualifies as a Religious Institution per Gov. Code Section 65913.16.b.10 or a Higher Education Institution per Edu. Code Section 66010.4, on or before January 1, 2024, your property may be eligible to build housing under Senate Bill (SB) 4. To verify eligibility, please review all site requirements described in Gov. Code Section 65913.16.

Per SB 4, housing projects on eligible properties that provide 100% affordable units – with up to 20% for moderate-income households and up to 5% for staff units – can achieve additional density of up to 40 du/acre and one additional story above the height otherwise permissible under the site’s zoning.

Please note that SB 4 projects are required to meet prevailing wage requirements and labor standards, as described in Gov. Code Section 65913.16.d-g.

How does this differ from the Housing Element Implementation Overlay Zone?

SB 4 allows eligible religious or other institutional land to apply for streamlined ministerial review, regardless of whether it is located within the HEIOZ, provided that the proposed project is for 100% affordable housing.

The HEIOZ provides another option for land owned and operated by a religious facility to apply for streamlined ministerial review, if the proposed project provides at least 15% of its units as affordable housing.

Please see below summary of applicability and incentives available:

Density Height Incentive Affordability Requirements
Public/Semi-Public Zone (within HEIOZ) 25–30 du/ac N/A At least 15% of units are set aside for affordable housing
(extremely low-income, very low-income, or moderate affordability).
Religious or Other Institutional Land – Eligible for Senate Bill 4
(not within HEIOZ)		 40 du/ac One additional story 100% of units are set aside for affordable housing (extremely
low-income and very low-income) — with up to 20% for moderate-income
households and up to 5% for staff units.

If you are interested in developing affordable housing using SB 4, please contact:

City of La Cañada Flintridge Planning Division
Phone: 818-790-8881

Access La Cañada Flintridge’s SB 4 postcard here:

RESIDENTIAL DEVELOPMENT IN COMMERCIAL ZONES

WHAT ARE ASSEMBLY BILL (AB) 2011, SENATE BILL (SB) 6, and ASSEMBLY BILL (AB) 2243?

In 2022, the California Legislature passed Assembly Bill 2011 (AB 2011), known as The Affordable Housing and High Road Jobs Act of 2022, and Senate Bill 6 (SB 6), known as the Middle Class Housing Act of 2022. These bills aimed to address California’s housing crisis by paving the way for residential development on sites currently zoned for commercial or retail uses. Both bills took effect on July 1, 2023.

In 2024, Assembly Bill 2243 (AB 2243) was passed, which significantly expanded the scope of SB 2011 and SB 6, to allow additional development opportunities for residential uses in commercial zones.

Please see the table below with the overall requirements, limitations, and standards. Please note, this is not an exhaustive list, and the state bills (linked above) should be referenced for all regulations:

Applicable Zones
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects AB 2243
Office, retail, or parking zones. Additionally, project sites must abut a commercial corridor and have frontage along it of at least 50′. Office, retail, or parking zones. Office, retail, or parking zones. AB 2243 updates AB 2011 to broaden “commercial corridors” to include all streets and highways (excluding freeways) with 70–150 ft right-of-way and clarifies that “street” includes sidewalks.

Comparison of applicable zones across AB 2011, SB 6, and AB 2243 housing projects.

Approval Process
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects AB 2243
Creates a new ministerial process with specified review and approval time limits. Does not create any new approval process. If the project meets all requirements, then it may invoke SB 35 and the Housing Accountability Act. AB 2243 updates AB 2011 to require:

  • Reduced timing of consistency determinations.
  • Reduced project approval timelines after consistency is confirmed.

Comparison of approval processes across AB 2011, SB 6, and AB 2243 housing projects.

CEQA
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects
No, projects are exempt from CEQA. Yes, CEQA applies.

Site and Project Criteria
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects AB 2243
Projects must be multifamily housing development projects, and:

  • The project must satisfy SB 35 environmental criteria
  • If the site is vacant, it does not contain any tribal resources.
  • The site is not located in a very high fire severity zone (VHFSZ). However, since all of La Cañada Flintridge is within the VHFSZ, a development can be done if hazard mitigation measures pursuant to existing building standards or state fire mitigation measures are used on the site, pursuant to Government Code Section 65913.4. Compliance with the adopted LA County Building and Fire Codes is considered mitigation with regard to the VHFHSZ.
  • Housing cannot be located within 500 feet of a freeway (See additional information per AB 2243).
  • Developer has completed a Phase I environmental assessment and mitigated any health hazards to a level of insignificance.
 Projects must be multifamily housing developments with residential only or a mixed-use project with at least 50% of the square footage dedicated to residential. Additionally:

  • Be 20 acres or less
  • Be consistent with any applicable and approved sustainable community strategy or alternative plan
  • Noticing and relocation assistance has been provided to qualifying commercial tenants.
 AB 2243 removes the blanket prohibition on housing within 500 feet of a freeway. Instead, it allows housing if buildings use centralized HVAC systems with outdoor air intakes facing away from the freeway, provide air filtration rated MERV 16 or higher, and must not include balconies facing the freeway.

Comparison of site and project criteria across AB 2011, SB 6, and AB 2243 housing projects.

Yes, the site must be 20 acres or less, and no demolition of:

  • Affordable or rent-controlled housing
  • Housing occupied by tenants in the last 10 years (except manager’s units)
  • Historic structures

Additionally:

  • A prior residential use was not demolished on the site in the last 10 years
  • The project cannot be on a property that contains 1-4 dwelling units
  • The site cannot be zoned for housing, unless zoned for multifamily residential use

Notice to commercial tenants and relocation assistance to certain qualifying independently-owned commercial tenants is required

Affordable Housing Requirements
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects
FOR RENTAL PROJECTS:

  • 8% very-low income and 5% extremely low-income, or;
  • 15% lower income

FOR OWNER-OCCUPIED PROJECTS:

  • 30% percent moderate income, or;
  • 15% lower income

Additionally:

  • Units are subject to recorded deed restriction of 55 years for rental units or 45 years for owner-occupied units
  • Affordable units must be designed similarly to market-rate units
  • Local inclusionary requirements prevail if greater affordability is required
  • 100% of the units, excluding managers’ units are dedicated to lower-income households
  • Units are subject to recorded deed restriction of 55 years for rental units or 45 years for owner-occupied units
 None, unless local inclusionary requirements are applicable and/or invoking SB 35

Comparison of affordable housing requirements across AB 2011 and SB 6 housing projects.

Labor Requirements
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects
Prevailing wage required.

FOR PROJECTS WITH MORE THAN 50 UNITS ONLY:

  • Must require contractors to employ construction craft employees or let subcontracts for at least 1,000 hours to participate in an apprenticeship program and make specified health care contributions
  • Developer must require these standards be included in all construction contracts
  • Developer must certify to the local government that the labor requirements will be met in the project construction
  • Developer must provide local agency with monthly compliance reports
 Prevailing wage required.

Skilled/trained workforce required (with limited exceptions).
The developer must:

  • Include labor standards in contracts Certify compliance to local agency
  • Submit monthly reports

Comparison of labor requirements across AB 2011 and SB 6 housing projects.

Development Standards
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects AB 2243
Density:
<1 acre: ≥30 units/acre
≥1 acre on corridor <100 ft: ≥40 units/acre
≥1 acre on corridor ≥100 ft: ≥60 units/acre
Within ½ mile of major transit: ≥80 units/acreHeight:
Corridor <100 ft: 35 ft
Corridor ≥100 ft: 45 ft
Within ½ mile of major transit (city >100k): 65 ftParking:
No parking may be required except requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities		 Zoning Basis:
Parcel’s multifamily zoning or the nearest appropriately zoned parcel and must comply with objective standards of higher-density zoningDensity:
Must meet or exceed the lower-income housing density under the housing element law. Project is considered consistent if it meets maximum allowed density, even if unit caps suggest fewer units.		 Zoning Basis:
Projects must be based on either the closest parcel with qualifying density or the existing zoning if it allows higher density. They must also comply with all objective local requirements, including fees, inclusionary housing, and applicable zoning, parking, design, and permitting standards.Density:
Must meet or exceed the lower-income housing density under the housing element law.		 For any AB 2011 project involving converting an existing non-residential use building to residential use, AB 2243 expressly prohibits local agencies from requiring projects to include common open space beyond what already exists on the project site

Comparison of development standards across AB 2011, SB 6, and AB 2243 housing projects.

Other Notable Provisions
AB 2011 Projects – Mixed-Income Housing AB 2011 Projects – 100% Affordable Housing SB 6 Projects
Local agency may exempt a parcel if:

  • The exemption was before the application is submitted
  • Agency identifies substitute parcels meeting AB 2011 criteria
  • Substitute parcels maintain no net loss in total or affordable housing density and advance fair housing
 Local agency may exempt a parcel if:

  • Written findings show no net loss of residential density is reallocated to suitable by-right sites
  • Labor Commissioner may enforce prevailing wage rules

Comparison of other notable provisions across AB 2011 and SB 6 housing projects.

CAN I APPLY FOR A PROJECT UNDER SB 6, AB 2011, or AB 2234?

Please complete the Mixed-Use/Multi-Family Ministerial Approval Application and submit via ConnectLCF. Upon submission, the city will conduct a thorough review of all eligibility criteria to confirm whether the proposed project qualifies under the applicable state provisions.

You can also apply for a project with another entitlement, such as a Density Bonus, while invoking SB 6, AB 2011, or AB 2234.

SENATE BILL (SB) 9: URBAN LOT SPLITS & TWO-UNIT DEVELOPMENTS

Senate Bill 9, also known as the Housing Opportunity and More Efficiency (HOME) Act, is a state law that aims to increase residential development potential by expanding infill development opportunities by making it easier to apply for a lot split or two-unit development in a single-family zone.

What types of projects are approved under SB 9?

There are two key components of the bill:

Urban Lot Splits: Allows for subdividing an existing single-family lot into two new individual parcels without meeting the minimum lot size required by the underlying zone. Urban Lot Splits are allowed if:

  • No previous Urban Lot Split on the property
  • No adjacent parcels were split by the same property owner
  • Owner must reside at a unit on one of the Urban Lot Split’s newly created lots for at least three years from the date of map approval

Two-Unit Developments: Allows for the development of two primary dwelling units per single-family zoned lot. Two-Unit Developments are allowed if:

  • No alteration or demolition of more than 25% of the exterior walls of the existing unit that has been occupied by a tenant in the last three years
  • No alteration or demolition of a unit where an Ellis Act withdrawal has taken place in the last 15 years

What do different development scenarios look like?

These examples illustrate some of the most common development scenarios and do not represent every possible lot/unit configuration.

Urban Lot Splits

Figure 1: Two new rectangular lots and a Single-Family Dwelling (SFD) on each of the lots

Figure 2: Flag lot configuration with SFD and Junior Accessory Dwelling Units (JADU) on one lot and an SFD and a detached Accessory Dwelling Unit (ADU) on the other lot

Two Unit Developments

Figure 3: Two SFDs and one detached ADU on one lot.

Figure 4: Duplex and one detached ADU on one lot.

Urban Lot Splits & Two-Unit Developments

Figure 5: Duplexes on each new lot

Figure 6: Duplex on one new lot and two SFDs on the other new lot.

Can I utilize SB 9 on my property?

To utilize SB 9, a property must meet all of the following eligibility criteria:

  • Must be in a single-family zone
  • Cannot be a historic resource or located in a historic district
  • Cannot be located within the boundaries of wetlands, hazardous waste sites, floodways, conservation areas, or habitat areas for certain species
  • Short-term and vacation rentals are prohibited, as units may only be rented for 30 days or longer. However, Home-Sharing as an accessory use to a primary residence is permitted.

Many properties within the city are eligible to utilize Senate Bill 9. To confirm eligibility, a thorough review of the SB 9 application eligibility criteria checklist is recommended. Additionally, city planning staff will review the project for eligibility.

My property is within the Very High Fire Severity Zone (VHFSZ) and has limited access, can I apply for an SB 9 project?

Since all of La Cañada Flintridge is within the VHFSZ, all SB 9 projects within the city must comply with the criteria established in Government Code Section 65913.4

Any proposed urban dwelling located within any of the areas identified on Figure SE-6 Neighborhoods with Single Point of Access of the draft Safety Element (2021), at increased risk of wildfire, must demonstrate compliance with California Fire Code, Appendix D – Fire Apparatus Access Roads.

Additionally, if necessary, an access easement must be provided over the front parcel to the rear parcel for access to the public right-of-way, providing public services and facilities, maintenance of utilities, and (if required) emergency access. Each easement must be shown on the parcel map.

How do I apply for an SB 9 project?

Step 1: Complete the SB 9 Application and apply for SB 9 review on the Connect LCF portal.

The project will be thoroughly reviewed by City Staff for compliance with State Law and the City’s Municipal Code.

Proposals for urban lot splits will be reviewed ministerially, without discretionary review or a hearing, if they comply with all the requirements of the Zoning Code.

Step 2: Apply for Los Angeles County Fire review by submitting for a “Fire Land Development – Final Map – Parcel” review on EPIC-LA. A County fire reviewer will be assigned to the case, and a coordinated review of the property will be conducted. This review must be complete prior to the city approving the SB 9 application.

Step 3: Record any required documents, such as deed restrictions or easements. Including the covenant linked below, stating that the owner will occupy one of the housing units for a minimum of three years.

Step 4: Provide proof of all recorded covenants, and the city will approve the parcel map.