Los Angeles County judges upheld the untested pro-housing provision in three court rulings.
Garret Weyand, Alexandra Hack and Jonathan Curtis of Cedar Street Partners at the former site of the First Church of Christ Scientist in La Cañada Flintridge on Thursday, April 18, 2024. An L.A. County judge ordered the city to process the company’s “builder’s remedy” application to build 80 apartments and 14 hotel rooms, dismissing the city’s claim its housing plan complied with state law when the developer s application was filed.
As a result, a groundswell of builder’s remedy applications hit dozens of cities in Southern California and the Bay Area over the past 1 ½ years, often with proposals for towering apartment complexes in the midst of lower-density neighborhoods. Just eight of Southern California’s 197 cities and counties met their February 2022 deadline to have approved housing plans. As of this month, 58 jurisdictions in Southern California and 35 in the Bay Area still lacked state-approved plans.
The SEA Lab in Redondo Beach, which has provided marine education programs for more than two decades. On Feb. 8, a judge declined to order Redondo Beach to reverse its denial of the “builder’s remedy” plan for the site because it’s in the state’s protected “Coastal Zone.” An artist’s rendering shows the proposed builder’s remedy project in La Cañada Flintridge, which would have 80 apartments, 14 hotel rooms plus office space. A judge recently ordered the city to process the developer’s application.
“We are pleased that the court agrees with us that La Cañada Flintridge must follow state housing laws,” California Attorney General Rob Bonta said in a statement. “The message is unmistakable,” said UC Davis law Professor Christopher Elmendorf. “Cities will not receive judicial deference on their claims that their housing element complies with state law when has said it does not. And cities’ refusal to process a builder’s remedy application counts as a ‘disapproval’ — which means that a developer can go to court … and make the city reimburse the developer for their legal expenses.
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