Meanwhile, around the state, cities push back against builders remedy applications by saying builders remedy doesn't apply and applications are incomplete. And everybody is waiting for the outcome of the La Cañada Flintridge case.

The state recently approved Beverly Hills' housing element, bringing a contentious situation to a close. Most other housing elements have also been approved and the state is negotiating with the remaining cities and counties to reach agreement.

Recent rulings from the high-profile cities of Berkeley and Beverly Hills got a lot of publicity. But less publicized settlement agreements from Davis and Clovis show just how scared cities are getting about housing litigation.

The ruling came after HCD rejected the city's housing element for a third time. The city's attorney says Beverly Hills is appealing the case and therefore the suspension won't go into effect immediately.

Defeat turns on whether site inventory and density calculations are realistic. City plans to appeal, but further loss could help builder's remedy applications. 

The affluent San Gabriel Valley city has asserted that late passage of its housing element might protect the city from the builder's remedy, even without HCD approval (which could come soon). But a pending project may be permitted to move forward.

HCD says 70% of draft elements don't meet the state's enhanced requirements.

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