Cedar Street Partners’ 600 Foothill, a mixed-use development in La Cañada Flintridge, is moving forward after securing a builder's remedy designation following a lengthy legal battle with the jurisdiction.

The project became a statewide flashpoint in the housing policy debate after the City of La Cañada Flintridge refused to process the application, prompting a lawsuit and intervention from the California Attorney General and Department of Housing and Community Development.

A judge ultimately ordered the city to either drop its appeal or post a $14 million bond, roughly a third of its annual budget. The city backed down, paving the way for the project to move forward and reinforcing the legal power of the builder’s remedy in enforcing state housing law.

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The builder's remedy allows developers to bypass (within reason) local zoning restrictions if a city fails to have a state-approved housing element. This means that if a city is non-compliant with state housing planning laws, developers can propose projects that include affordable housing, even if those projects exceed local zoning limits, and applications must be processed.

This now clears the way for 80 apartments (20 percent reserved as workforce housing), 16 non-serviced hotel units, and roughly 7,287 sq ft of office space, all anchored by two levels of underground parking.

A Decades-Long Pattern of Resistance

Jonathan C. Curtis, managing member of Cedar Street Partners, told GlobeSt.com that La Cañada Flintridge was against the project, an opinion consistent with a decades-long pattern of resistance to any form of mixed-use or multifamily development, with the city prioritizing single-family zoning above all else.

The city was more than two years late in adopting a compliant Housing Element under the State’s Regional Housing Needs Assessment (RHNA) process, Curtis said.

“While past violations of housing law often went unchallenged, today’s laws have stronger enforcement mechanisms,” he said. “Non-profit advocacy groups and the Attorney General now have standing to sue, and they have.”

In this case, La Cañada Flintridge lost three separate lawsuits related to the project, abandoned its appeals, and is now attempting to delay through the environmental review process, despite previous clearances and a Superior Court-issued writ of mandate ordering approval.

“The 600 Foothill project will deliver much-needed housing and economic benefits via office and short-term stay components, all on a previously developed church site with no environmental concerns,” according to Curtis.

“There is no legal basis for the City to keep opposing the project. The result is simply more costly delays. For a city of just 20,500 people, it has already spent more than $2 million in legal fees and faces millions more in liability. At this point, one can draw their own conclusions as to why the City continues to resist.”

Affluent, Low-Density Areas Oppose Housing Diversification

Curtis said this type of resistance is common across many California cities, especially in richer or traditionally low-density areas, and reflects a broader pattern of local opposition to housing diversification.

“The involvement of multiple parties, including the California Attorney General, underscores how widespread and systemic the issue has become, he said.

“The court’s ruling in favor of Cedar Street Partners is expected to set a precedent for more vigorous enforcement of housing laws statewide and beyond. Amid a national affordable housing crisis, this legal victory marks a significant milestone, motivating other cities to expedite rezoning efforts and adopt more inclusive development approaches. Cedar Street’s persistence, legal strategy, and disciplined execution were key to moving the project forward.”

Curtis added that the builder's remedy is gaining traction as more cities fall out of compliance with housing laws.

“Its use is increasing as developers and housing advocates seek to overcome local resistance to new housing, especially in cities that ignore their obligations under laws like the HAA,” he said. “What began as a local legal fight in one California city has quickly evolved into a national turning point, reshaping how America builds housing.”

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