POST-ENTITLEMENT PHASE PERMIT GUIDANCE (AB 2234 & AB 1114)

WHAT ARE THESE BILLS, AND HOW DO THEY AFFECT MY PROJECT?

Both Bills are related to the issuance of Assembly Bill (AB) 2234.

They establish timelines and define processes for permitting of majority residential projects throughout the state. They enforce timely approval of housing within the City of La Cañada Flintridge and encourage its production.

Assembly Bill (AB) 2234 (approved on September 26, 2022) added two new sections to the Government Code, Sections 65913.3 and 65913.5.

  • For “Post-Entitlement Phase” permits AB2234 provides timelines for local agencies to approve or disapprove permits for projects where at least two-thirds of the project is designated for residential use.
  • This bill does not apply to discretionary and ministerial planning permits, entitlements, and specific other permits and reviews.

Assembly Bill (AB) 1114 (approved on October 11, 2023) updates Government Code Section 65913.3, to define “Post-Entitlement Phase” permits, as “all building permits and other permits issued under the California Building Standards Code or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary.”

HOW DO I APPLY FOR A “POST-ENTITLEMENT PHASE” BUILDING PERMIT?

The City has moved to an online permit application system, named ConnectLCF. You may apply for building permits, pay your fees, go through plan checks, and finally print your issued permit online. The applicant can also view the permit’s current status.

Step-by-Step: ConnectLCF Application Process:

  1. Register at ConnectLCF then follow the steps below to start an application. For more information, please visit the City’s Building and Safety website.
  2. Select the “Apply” option shown in the image below:
  3. Then select the Permits tab: Connect LCF Website Dashboard Screengrab
  4. Then select the applicable residential permit type, such as New – Building, Addition/Alteration/Repair, Demolition, or Grading, etc. ConnectLCF Application Assistant
  5. The ConnectLCF system will then guide you through the application information needed to fill out or upload.

Once an application is submitted through ConnectLCF, the applicant cannot submit additional documentation online. Applicants can email additional documents, corrections, and questions to the permit technician if needed.

WHAT MATERIALS DO I NEED TO SUBMIT FOR REVIEW?

Review Building and Safety’s required submittal page to ensure the application is complete and ready to upload.

The table below outlines the information required for submittal of a “Post-Entitlement Phase” permit. If there is a unique circumstance or if further clarification is needed, the City may request additional information.

Required Documents

(Planning Permit Type (All Residential))

Site Plan Floor Plan Elevation Plan Structural Plans and Calculations Drainage Plan Grading Plan Best Management Practices Form Title 24 Energy Comp. South Coast AQMD Clearance
Accessory Dwelling Unit (ADU) X X X X X X X X
Single Family Dwelling (SFD) X X X X X X X X
Duplex X X X X X X X X
Multifamily X X X X X X X X
Mixed Use X X X X X X X X
Townhome X X X X X X X X
Demolition X X X
Retaining Wall X X X
Grading X X X X

Applicants can refer to examples of approved and completed “Post-Entitlement Phase” permits, found below:

  1. Accessory Dwelling Unit (ADU)
  2. Single Family Dwelling (SFD)
  3. Duplex – *No example can be provided
  4. Multifamily – *No example can be provided
  5. Mixed use – *No example can be provided
  6. Townhome – *No example can be provided

*There have been no approved recent applications for these housing types within the City.

WHAT IS THE TIMELINE FOR PERMIT APPROVAL?

Please note: All permit applications must be filled out and submitted online through the ConnectLCF portal. The City does not accept PDF or hard copy versions of applications. To see examples of information required for the application, see example permits listed above.

  1. Application Review: (Up to 15 business days per review)
    • The City will have up to 15 days to deem the project complete or incomplete. Upon receiving a notice of incompletion, the applicant can address items deemed incomplete and resubmit.
    • After receiving the Applicant’s resubmittal, City Planning will have no more than 15 business days to review. Subsequent resubmittals will follow the same review process and be subject to the same city review timeline of 15 days.
  1. Determination of Compliance for Housing Development Projects with 25 units or fewer: (Up to 30 business days)
    • The City will have up to 30 days to deem the project compliant or incompliant.
      • Upon receiving a notice of incompliance, the applicant will receive a complete set of comments with a comprehensive request for revisions.
      • Upon receiving a notice of compliance, the applicant will receive the approved permit application. The determination of compliance will be immediately sent to the Applicant via email and posted on Connect LCF.
  1. Determination of Compliance for Housing Development Projects with 26 units or more: (Approximately 60 business days)
    • The City will have up to 60 days to deem the project compliant or incompliant.
      • Upon receiving a notice of incompliance, the applicant will receive a complete set of comments with a comprehensive request for revisions.
      • Upon receiving a notice of compliance, the applicant will receive the approved permit application. The determination of compliance will be immediately sent to the Applicant via email and posted on ConnectLCF.
  1. Appeals: If a “Post-Entitlement Phase” permit is determined to be incomplete, the Applicant may appeal that decision in writing to the governing body or Director, as required.
    • A final written determination from the city for housing development projects with 25 units or fewer will be provided within 60 business days.
    • A final written determination from the city for housing development projects with 26 units or more will be provided within 90 business days.

WHAT OTHER AGENCIES REVIEW THESE PERMITS?

The following outside agencies may require a review of plans and/or fees prior to the City being able to issue permits:

  • Los Angeles County Fire Department
  • Los Angeles County Department of Public Health (Septic)
  • Sanitation Districts of Los Angeles County (Sewer)
  • South Coast Air Quality Management District (SCAQMD)
  • Valley Water Company/Crescenta Valley Water District/La Cañada Irrigation District/ Liberty Utilities
  • Southern California Edison
  • SoCal Gas
  • La Cañada Unified School District (LCUSD)
  • Glendale Unified School District (GUSD)
  • Homeowners Associations

HOW MUCH WILL THE PERMIT COST?

Fees are based on the extent of the construction project. City fees can be reviewed through the current Master Fee Schedule.

FAIR HOUSING

WHAT IS FAIR HOUSING?

Fair Housing means you have the right to live where you choose without fear of discrimination based on your characteristics.

The fair housing laws cover most types of dwellings, including apartments, houses, duplexes, condominiums, mobile home parks, residential motels and emergency shelters.

The Federal and State fair housing laws prohibit discrimination based on the following protected characteristics:

  • Race
  • Color
  • Religion
  • Gender
  • National Origin
  • Familial Status (*Families with children under 18 yrs. old)
  • Physical and/or Mental Disability
  • Sexual Orientation
  • Marital Status
  • Ancestry
  • Age
  • Source of Income
  • Or Other Arbitrary Basis

Additionally, the Ralph Act (§51.7 of the California Civil Code) prohibits violence or intimidation by threat of violence based on the personal characteristics listed above.

WHAT IS HOUSING DISCRIMINATION?

Common examples of housing discrimination can include:

  • Refusing to rent or sell housing to someone because of their race
  • Prohibiting children from being outside in common areas
  • Refusing to do timely repairs for tenants of a particular nationality
  • Utilizing advertisements that express or suggest a preference, such as “ideal for single, working professionals” or “Jewish only.”
  • Refusing to rent a second-floor unit to a family with children
  • Refusing to allow a tenant with disabilities to modify his or her unit or common areas
  • Harassing a tenant based on his or her sexual orientation, gender identity or gender expression

HOW DO I REPORT HOUSING DISCRIMINATION?

If you feel you have been a victim of housing discrimination or would like to obtain additional information about the federal and state fair housing laws, please contact the Housing Rights Center (HRC).

HRC is contracted with the County of Los Angeles to provide residents with free services including (1) landlord-tenant counseling, (2) outreach and education, (3) litigation and advocacy and (4) discrimination complaint investigation.

Toll-Free (800) 477 – 5977
TTY-Hearing Impaired- (213) 201-0867
www.housingrightscenter.org
info@housingrightscenter.org

3255 Wilshire Blvd
Suite 1150
Los Angeles, CA 90010

Additional Resources

Recursos Adicionales (Spanish)

추가 자료 (Korean)

WHAT ARE RACIALLY RESTRICTIVE COVENANTS?

During the 1920s with the rise of segregation in the United States, property owners and real estate entities began inserting “racially restrictive covenants” (also known as “racial covenants”) into property deeds to exclude minority groups from ownership or living in certain communities. These racial covenants would sometimes use subtle and veiled language promoting “exclusive” or “elite” residential communities. Other times, the language would be very direct and derogatory, listing specific people groups to be excluded. Sadly, these practices were once commonplace in California, including in La Cañada Flintridge, and sometimes, racial covenants still appear in property records.

HOW DO I REMOVE A RACIAL COVENANT FROM MY PROPERTY?

The City of La Cañada Flintridge is committed to being an inclusive city, making housing available to people of all races, ethnicities, abilities, and backgrounds. In response, Program 22 of the City’s Housing Element provides homeowners with instructions on how to remove antiquated, unlawful, and discriminatory restrictions that may still appear in older property records, titles, and grant deeds.

For more information on the steps to remove a racial covenant, see the resources below:

REGIONAL HOUSING NEEDS ALLOCATION (RHNA)

WHAT IS THE RHNA?

The State of California, as part of the State Housing Law, sets a targeted number of housing units that each regional council of governments in California must plan for. This targeted housing number known as the Regional Housing Needs Allocation, or RHNA, is updated every 8 years and is further divided amongst individual cities and counties by the regional council of governments. RHNA is a representation of future housing needs for all income levels in a jurisdiction (city or unincorporated county) and is a requirement of California State Housing Law. Every jurisdiction must plan for its RHNA allocation in its Housing Element of its General Plan.

HOW WILL THE RHNA IMPACT THE CITY OF LA CANADA FLINTRIDGE?

The Southern California Association of Governments (SCAG) is the organization tasked with developing a RHNA allocation plan for the Southern California region. SCAG is the nation’s largest metropolitan planning organization (MPO), which represents six counties and 191 cities, including the City of La Canada Flintridge.

It is important to recognize that the RHNA is a targeted housing number – Cities and counties do not have to build this number of units, but rather they are required by the state to plan for them and demonstrate that under the current land use and development standards, there is capacity to accommodate for this number of housing units. However, if a jurisdiction fails to demonstrate that they can accommodate their RHNA, it can result in the loss of local control and important funding resources.

For the RHNA cycle planning period of October 2021 through October 2029, the Southern California region received an allocation of 1.3 million units. That means that the State is requiring cities within Southern California to demonstrate that they can plan for and have the capacity to build up to 1.3 million new housing units over the next 8 years. For this 6th Cycle of the RHNA, La Canada Flintridge has received an allocation of 612 new housing units.

HOUSING ELEMENT PROGRAMS

WHAT IS THE PURPOSE OF THE HOUSING PROGRAMS WITHIN THE LCF HOUSING ELEMENT?

A major focus of La Cañada Flintridge’s Housing Plan is to adequately provide a balanced inventory of housing types, style, and prices to allow the City to meet the housing needs of all residents in the community in accordance with the City’s Regional Housing Needs Allocation (RHNA). The City’s 24 housing programs are intended to provide adequate residential sites to meet the City’s RHNA.

The goals and policies contained in La Cañada Flintridge’s Housing Element are implemented through a series of housing programs offered through the Community Development Department and the Division of Building and Safety. These housing programs address LCF’s identified housing needs by defining the specific actions the City will undertake to achieve the stated goals and policies within the eight-year (2021-2029) planning period. La Cañada Flintridge’s housing programs address the following five major focus areas:

  • Provide new housing opportunities;
  • Conserve and maintaining existing housing;
  • Facilitate the provision of housing for lower and moderate-income and special needs households;
  • Ensure environmental sensitivity and community safety; and
  • Promote equal housing opportunity

WHAT ARE THE 24 HOUSING ELEMENT PROGRAMS?

La Cañada Flintridge Housing Element (Adopted October 2022, Revised February 2023) – Full Document (PDF)

Each Program is discussed in detail, under Section 9.5.2 of the Housing Element.

PROGRAM 1: Adequate Residential Sites to Accommodate the RHNA

See Housing Element page 115-116.

PROGRAM 2: No Net Loss

See Housing Element pages 116-117.

PROGRAM 3: Governmental Constraints to Housing Development

See Housing Element pages 117-119.

PROGRAM 4: Downtown Village Specific Plan (DVSP)

See Housing Element pages 119-120.

PROGRAM 5: Religious Institution Housing Overlay Zone

See Housing Element pages 120-121

PROGRAM 6: By-Right Approval for Projects with 20 Percent Affordable Units

See Housing Element page 122.

PROGRAM 7: Lot Consolidation (Merger of Parcels)

See Housing Element pages 122-123.

PROGRAM 8: Accessory Dwelling Units (ADUs)

See Housing Element pages 123-124.

PROGRAM 9: Code Enforcement (Community Preservation)

See Housing Element page 124-125.

PROGRAM 10: Residential Rehabilitation Program (RRP)

See Housing Element pages 125-126

PROGRAM 11: Sewer Connection Grant Program

See Housing Element pages 126-127.

PROGRAM 12: Condominium Conversion Ordinance

See Housing Element pages 127-128.

PROGRAM 13: Multi-Family Housing Acquisition and Rehabilitation

See Housing Element pages 128-129.

PROGRAM 14: Density Bonus

See Housing Element page 129.

PROGRAM 15: Special Needs Housing

See Housing Element pages 129-130.

PROGRAM 16: Senior and Workforce Housing

See Housing Element pages 130-131.

PROGRAM 17: Mortgage Credit Certificate (MCC) Program

See Housing Element page 132.

PROGRAM 18: Home Ownership Program (HOP)

See Housing Element page 132.

PROGRAM 19: Housing Choice Voucher Program

See Housing Element pages 132-133

PROGRAM 20: Energy Use and Greenhouse Gas Emissions Reduction

See Housing Element pages 133-134.

PROGRAM 21: Community Safety

See Housing Element page 134.

PROGRAM 22: Removal of Racial Covenants

See Housing Element page 134.

PROGRAM 23: Affirmatively Furthering Fair Housing

See Housing Element page 135.

PROGRAM 24: Mitigation for Housing in Proximity to Freeways

See Housing Element pages 135-136.

MULTIFAMILY HOUSING RENTAL INSPECTION PROGRAM (AB 548)

WHAT IS THE PURPOSE OF THE HOUSING PROGRAMS WITHIN THE LCF HOUSING ELEMENT?

Signed into law in 2023, Assembly Bill 548 (AB 548) requires local enforcement agencies to develop policies and procedures by January 1, 2025, to inspect all relevant portions of a building when a building inspection uncovers substandard condition(s) or violation(s) of State Housing Law.

AB 548 specifies that the policy and procedure should include the following requirements: criteria that inspectors or code enforcement officers should use to determine if the substandard condition could reasonably affect other units. It additionally requires inspectors or code enforcement officers to reasonably attempt to inspect additional units at the property including units adjacent, above, and below the unit in which the defect or violation was found. Finally, the policy developed must require a local enforcement agency to provide the property owner with a notice or order to repair or abate the violation within a reasonable time after the inspection is completed.

AB 548 builds off State Housing Law which was passed to protect residents from substandard living conditions. The new law requires local agencies to go a step further through the development of a policy and procedure that allows the local jurisdiction to better enforce code regulations for other units that may be impacted by the building code violation such as mold, rodents, or other health and safety concerns throughout the building.

CD Dept. Policy 24-01 – Multi-Family Housing Rental Inspection Program Policies and Procedures