California Attorney General Rob Bonta has recently filed lawsuits against five cities for failing to comply with the state’s mandatory requirements regarding affordable housing. In response, the mayors have stated that they are actively cooperating with the state government to seek certification from the California Department of Housing and Community Development (HCD), making the lawsuits unnecessary.
The cities facing lawsuits for non-compliance with California’s Housing Element Law include Calexico in Imperial County, Costa Mesa in Orange County, Half Moon Bay in San Mateo County, Turlock in Stanislaus County, and Ridgecrest in Kern County.
Bonta mentioned in a press release on the 16th that “California’s housing crisis demands action, not excuses”; “As I have said many times, no local government is alone in solving this crisis, but every local government must do its part.”
Governor Gavin Newsom stated, “These five jurisdictions had the opportunity to comply with the law, and plan for their fair share of housing. They chose not to do so, and now they will be held accountable in court.”
According to Bonta’s press release, California is currently in its sixth “housing element update cycle,” requiring local governments to plan for approximately 2.5 million additional housing units statewide. This is the most ambitious housing planning effort in California’s history, and some local governments’ failure to implement it has led to the legal actions announced today.
Previously, the Attorney General had reached settlement agreements with cities including Hollister in San Benito County, three cities in Los Angeles County – Artesia, La Habra Heights, and Malibu, Fullerton in Orange County, Coronado in San Diego County, and San Bernardino in San Bernardino County.
Facing pressure from the state government, Huntington Beach is not the only city being sued, but it has taken the lawsuit to a higher court. The Superior Court rejected the case at the end of February this year. The Ninth Circuit Court of Appeals had upheld the district court’s ruling regarding compliance with California regulations.
Newsom announced on May 15th that the court’s decision required Huntington Beach to pay a fine starting at $10,000 per month from January 2025, increasing to $50,000 per month from June until the city corrects its violations of housing laws. The city has already completed planning for 13,368 new housing units.
Costa Mesa Mayor John Stephens stated, “Given the significant and ongoing efforts we have made, we believe this lawsuit has no merit.” He highlighted the city’s progress in April, including rezoning, establishing a shelter with 100 beds, and expanding affordable housing construction projects.
Councilman Manuel Chavez of Costa Mesa mentioned overcoming obstacles in the process of developing a new housing plan, such as the “Measure Y” approved by voters, requiring all land use zoning changes to be decided by a citizen vote. The city also enacted a mandatory provision for constructing affordable housing.
Half Moon Bay Mayor Debbie Ruddock explained in a press release that being a coastal city in California, they must go through additional procedures to revise their Local Coastal Program (LCP), which includes review and certification by the California Coastal Commission (CCC). This has delayed the certification process for the “housing element” planning.
Moreover, the city’s “Measure D” requires development projects to concentrate as much as possible in the city center and restrict annual growth rates to within 1.5%; the city has also addressed how to include Accessory Dwelling Units (ADUs) in that quota issue.
Calexico City Manager Ben Martinez informed The Center Square via email that staff is continuing to work with the California HCD to submit a revised “housing element” plan for further review.
Joseph Spangler, the Public Information Officer of Turlock, stated that their submitted plan has received confirmation from HCD, making significant progress towards compliance with the “housing element.” Staff has set a clear timeline for passing the remaining rezoning proposals, with planning commission and city council public hearings scheduled for August.
Ridgecrest city responded that they have not yet received a legal notice of the lawsuit. The city will continue to collaborate with HCD to meet the remaining requirements in the “housing element” planning; a new draft has been submitted to HCD and is expected to be certified soon.