Huntington Beach has been banned from approving new housing sites that don’t meet state density requirements.
As part of an ongoing lawsuit between the State of California and Surf City, San Diego County Superior Court Judge Katherine Bacal has temporarily barred Huntington Beach from approving new housing sites.
“The Court enjoins the City from enforcing any existing planning and zoning laws to disapprove or reduce the density of any proposed housing development meeting the minimum densities under Section 65583.2 of the Government Code on any of the RHNA [state housing mandates] sites,” reads Bacal’s order issued March 21.
The ruling could foreshadow the result of Surf City’s court battle against state housing laws, which require cities throughout California to zone for a certain level of affordable housing.
[Read: California’s Battle With Huntington Beach Over Housing Goals Heads To Court]
Cesar Covvarrubias, executive director of the Kennedy Commission, said the ruling was a step in the right direction and pushes the city to be mindful of their housing obligations.
“Without a compliant housing element, we really don’t have clarity in terms of development opportunities, sites, policies and programs that would encourage affordable housing development,” he said.
Covarrubias also said the ruling’s an indication the lawsuit will likely prevail.
“The final goal on this is to make sure that there’s affordable housing opportunities in the city of Huntington Beach,” he said.
In a Thursday email statement, Huntington Beach City Attorney Michael Gates said the court hasn’t granted the state everything they wanted and the city will continue to fight.
“The effect of the Court’s ruling is that the City is able to more or less continue business as usual, but it does depend on the incoming development project. We are disappointed though that the Court continues to apply State housing laws to this case that clearly do not apply to Charter Cities,” reads Gates’ statement.
There was a hearing on the issue last Friday in Bacal’s courtroom and arguments in the case will be continued to an April 12 hearing at 2 p.m.
The commission joined the lawsuit after Gov. Gavin Newsom and Attorney General Rob Bonta announced a legal action against Huntington Beach for failing to comply with state housing mandates last year.
“We won’t stand idly by as Huntington Beach continues to flagrantly violate state housing laws designed to bring crucial affordable housing opportunities to our communities. We’ll use every legal tool available to hold the city accountable and enforce state housing laws,” Bonta said in a news release last April.
Shortly after the Republican majority of Huntington Beach City Council members took office in late 2022, officials began kicking off a series of fights with state officials.
There’s also another one brewing as the Republican majority successfully asked voters to implement voter ID laws during the March 5 primary election – something Bonta warned the city against.
In recent months, Bonta’s been active in pushing cities throughout the Golden State to follow the housing law.
“During the course of this litigation, the Commission’s work to increase the affordable housing supply in the City has been impeded by the City’s noncompliance,” reads the news release.
[Read: CA Attorney General Enforces Housing Mandates on Orange County Cities]
Meanwhile, Huntington Beach officials have filed a competing lawsuit in federal court, alleging the housing mandates are an illegal overreach by Sacramento that infringes on municipal zoning laws.
A federal judge tossed that case out, but city officials have since announced they’re appealing to the 9th Circuit Court of Appeals.
“The State’s Response Brief to the City’s Appeal Brief is due April 1st. Once the State’s brief is served, we will review and file a Reply on behalf of the City. We anticipate the Ninth Circuit Court will set a hearing date any day now,” Gate’s statement reads.
The March 21 ruling comes as cities across Orange County are filing their housing development report cards with the state, detailing how much housing – and at what income levels – they’ve built over the past year.
“A recent report indicates that over 100,000 households in Orange County do not have access to an affordable home. Renters in Orange County need to earn over $50 an hour, 3.3 times the minimum wage, to afford the average monthly asking rent of $2,672,” reads a Thursday news release from the Kennedy Commission.